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(b) Page 2 of Standard Form 21.

The undersigned agrees that if awarded the contract, he will commence the work

after the date of receipt of notice to proceed, and that he will complete the work within calendar days after the date of receipt of notice to proceed.

The undersigned acknowledges receipt of the following addenda to the drawings and; or specifica. tions (Give number and date of each):

The undersigned represents (Check appropriate boxes): (1) That he is, o is not, a small business concern. For this purpose, a small business concern is one that (a)

is independently owned and operated, (b) is not dominant in its field of operation, and (c) with affiliates, had average annual receipts for the preceding three years of $5,000,000.00 or less. (See Code or Federal Regulations, Title 13. Part 121, as amended, for additional information.)

(2) (a) That he has, has not, employed or retained any company or person (other than a full-time bona

fide employee working solely for the bidder) to solicit secure this contract; and
(b) That he has, has not, paid or agreed to pay any company or person (other than a full-time bona
fide employee working solely for the bidder) any ke kommission, percentage or brokerage fee contingent
upon or resulting from the award of this contract, arhlasy Tarnish information relating thereto as requested
by the Contracting Officer. (For interpretation of this wepesentation, including the term "bona fide

employee," see Code of Federal Regulations Chapter 1, Part 150.)
(3) That he operates as an individual, C.) postna din corporation, incorporated in State of


Enclosed is bid guarantee, consisting of

in the amount of



BUSINESS ADDRESS (Type or print)

BY (Signature in ink. Type of print name under signature)

fitle (Type of print)

Envelopes containing bids, guarantee, etc., must be sealed, marked, and addressed as follows:


Do not include in the envelope any bids for other work.
Bids should not be qualified by exceptions to the bidding conditions.


§ 1-16.901-22 Standard Form 22: Instructions to Bidders (Construction Con

tracts). (a) Page 1 of Standard Form 22.

FED. PROC. REG. (41 CFR) 1.16.401


(CONSTRUCTION CONTRACTS) (These instructions are not to be incorporated in the contract) 1. Explanation to Bidders. Any explanation Checks may be held uncollected at the bidder's desired by bidders regarding the meaning or risk. Checks, or the amounts thereof, and bonds interpretation of the drawings and specifications or notes of the United States deposited by un. must be requested in writing and with sufficient successful bidders will be returned as soon as time allowed for a reply to reach them before the practicable after the opening. submission of their bids. Oral explanations or instructions given before the award of the contract 5. Preparation of Bids. (a) Bids shall be will not be binding. Any interpretation made

submitted on the forms furnished, or copies will be in the form of an addendum to the speci.

thereof, and must be manually signed. If fications or drawings and will be furnished to all

erasures or other changes appear on the forms, bidders and its receipt by the bidder shall be

each such erasure or change must be initialed by acknowledged.

the person signing the bid.

(b) The form of bid will provide for quotation 2. Conditions at Site of Work. Bidders

of a price, or prices, for one or more items which should visit the site to ascertain pertinent local

may be lump sum bids, alternate prices, scheduled conditions readily determined by inspection and

items resulting in a bid on a unit of construction or inquiry, such as the location, accessibility and

a combination thereof, etc. Where required on general character of the site, labor conditions, the

the bid form, bidders must quote on all items and character and extent of existing work within or

they are warned that failure to do so may adjacent thereto, and any other work being per

disqualify the bid. When quotations on all formed thereon.

items are not required, bidders should insert the

words "no bid” in the space provided for any item 3. Bidder's Qualifications. Before a bid is

on which no quotation is made. considered for award, the bidder may be requested by the Government to submit a statement of facts

(c) Alternative bids will not be considered in detail as to his previous experience in perform

unless called for. ing similar or comparable work, and of his business (d) Unless specifically called for, telegraphic and technical organization and financial resources bids will not be considered. Modification by and plant available and to be used in performing telegraph of bids already submitted will be conthe contemplated work.

sidered if received prior to the time fixed in the

Invitation for Bids. Telegraphic modifications 4. Bid Guaranty. Where security is required, shall not reveal the amount of the original or failure to submit the same with the bid may be revised bid. cause for rejection. The bidder, at his option, may furnish a bid bond, postal money order,

6. Submission of Bids. Bids must be sub. certified check, or cashier's check, or may deposit,

mitted as directed on the bid form. in accordance with Treasury Department regula

7. Receipt and Opening of Bids. (a) Bids tions, bonds or notes of the United States (at par

will be submitted prior to the time fixed in the value) as security in the amount required: Pro

Invitation for Bids. Bids received after the time vided, That where the total amount of the bid is

so fixed are late bids; and the exact date and hour $2,000 or less, the contracting agency may declare

of mailing such bids, as shown by the cancellation a bid bond unacceptable by so stating in the

stamp or by the stamp of an approved metering specifications or Inv tion for Bids.

device will be recorded. Such late bids will be In case security is in the form of postal money considered, Provided, They are received before order, certified check, cashier's check, or bonds or the award has been made, And provided further, notes of the United States, the Government may The failure to arrive on time was due solely to a make such disposition of the same as will ac- delay in the mails for which the bidder was not complish the purpose for which submitted. responsible; otherwise late bids will not be con

(b) Page 2 of Standard Form 22.

sidered but will be held unopened until the time of bidder is not thereby disqualified from quoting award and then returned to the bidder, unless prices to other bidders or from submitting a bid other disposition is requested or agreed to by the directly for the work. bidder.

11. Award of Contract. (a) The contract (b) Subject to the provisions of paragraph will be awarded as soon as practicable to the 5(d) of these instructions, bids or bid modifica- lowest responsible bidder, price and other factors tions which were deposited for transmission by considered, provided his bid is reasonable and it telegraph in time for receipt, by normal trans- is to the interest of the Government to accept it. mission procedure, prior to the time fixed in the Invitation for Bids and subsequently delayed by (b) The Government reserves the right to the telegraph company through no fault or neglect waive any informality in bids received when such on the part of the bidder, will be considered if waiver is in the interest of the Government. In received prior to the award of the contract. The case of error in the extension of prices, the unit burden of proof of such abnormal delay will be price will govern. upon the bidder and the decision as to whether

(c) The Government further reserves the right or not the delay was so caused will rest with the

to accept or reject any or all items of any bid, officer awarding the contract.

unless the bidder qualifies such bid by specific (c) No responsibility will attach to any officer limitation; also to make an award to the bidder for the premature opening of, or the failure to

whose aggregate bid on any combination of bid

items is low. open, a bid not properly addressed and identified. 8. Withdrawals of Bids. Bids may be with.

12. Rejection of Bids. The Government drawn on written or telegraphic request received

reserves the right to reject any and all bids when from bidders prior to the time fixed for opening.

such rejection is in the interest of the Govern. Negligence on the part of the bidder in preparing

ment; to reject the bid of a bidder who has previ. the bid confers no right for the withdrawal of ously failed to perform properly or complete on the bid after it has been opened.

time contracts of a similar nature; and to reject

the bid of a bidder who is not, in the opinion of 9. Bidders Present. At the time fixed for the Contracting Officer, in a position to perform the opening of bids, their contents will be made the contract. public for the information of bidders and others properly interested, who may be present either in

13. Contract and Bonds. The bidder to

whom award is made shall, within the time estab. person or by representative.

lished in the bid and when required, enter into a 10. Bidders Interested in More than One written contract with the Government and Bid. If more than one bid be offered by any one furnish performance and payment bonds on party, by or in the name of his or their clerk, Government Standard Forms. The bonds shall partner, or other person, all such bids will be be in the amounts indicated in the specifications rejected. A party who has quoted prices to a or the Invitation for Bids.



§ 1-16.901-23 Standard Form 23: Construction Contract.

(a) Page 1 of Standard Form 23.

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THIS CONTRACT, entered into this data by the United States of America, hereinafter called the Government, represented by the paperacting Officer executing this contract, and the individual, partnership, or corporation named above, hereinafter called the Contractor, witnesseth that the parties hereto do mutually agree as follows:

Statement of Work. The Contractor shall furnish all labor, equipment, and materials and perform the work above described for the amount stated above in strict accordance with the General Provisions (Standard Form 23a), specifications, schedules, drawings, and conditions all of which are made a part hereof and designated as follows:




(b) Page 2 of Standard Form 23.

Alterations. The following changes were made in this contract before it was signed by the parties heçeto:


In witness whereof, the parties hereto have executed his contract as of the date entered on the first page hereof.




(Name of Contractor)


(Omcial titlo)




1. This form shall be used, as required by GSA regulations, for contracts for the construction, alteration, or repair of public buildings or works.

2. The full name and business address of the Contractor must be inserted in the space provided on the face of the form. The Contractor shall sign in the space provided above with his usual signature and typewrite or print name under all signatures to the contract and bonds.

3. An officer of a corporation, a member of a partnership, or an agent signing for the Contractor shall place his signature and title after the word "By" under the name of the Contractor. A contract executed by an attorney or agent on behalf of the Contractor shall be accompanied by two authenticated copies of his power of attorney, or other evidence of his authority to act on behalf of the Contractor.



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