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ernment from the date set for opening will be considered nonresponsive and will be re. jected.

(16) In unusual cases, where bidders are required to have special technical

pecial technical qualifications due to the complexity of the equipment being procured or for some other special reason, a statement of such qualifications.

(17) Any authorized special provisions, necessary for the particular procurement, relating to such matters as progress payments, patent licenses, liquidated damages, escalation, Buy American Act, etc.

(18) Any additional contract provisions or conditions required by law or regulation.

(19) (Reserved)

(20) If Government costs or expenditures other than bid prices are to be considered in the evaluation of bids, such factors must be identified and included.

(21) If the invitation for bids con tains a price escalation clause, include a provision reflecting the requirements of g 1-2.407-4(b).

(22) Directions for obtaining copies of any documents, such as plans, draw ings, and specifications, which have been incorporated by reference. (23) (Reserved)

. (24) A statement that the Equal Op. portunity clause is not applicable to contracts (i) not exceeding $10,000, (ii) where work is to be performed entirely outside the United States and no recruitment of workers within the United States is involved, (iii) for standard commercial supplies or raw materials not exceeding $100,000, or (iv) specifically exempted by the Executive Vice Chairman of the President's Committee on Equal Employ. ment Opportunity, with the approval of the Secretary of Labor.

(25) The Atomic Energy Act of 1954, as amended, confers specified regulatory authority on the Atomic Energy Commission and authorizes the AEC to transfer certain of that authority to individual States. In general, the authority transferred to the States includes responsibility for issuing li. censes for the possession and use of by-product and source materials and special nuclear material in quantities

not sufficient to form a critical mass. The Commission is required to retain jurisdiction over certain activities, e.g. disposal of radioactive wastes into the ocean. Where an invitation for bids re. quires that the bidder have an AEC Wcense, the invitation shall also provide that an appropriate license issued to a bidder by a State pursuant to an agreement with AEC under the provi. sions of Section 274 of the Atomic | Energy Act of 1954, as amended, will satisfy the requirements of the invitation. As used in this $ 1-2.201(aX25). the term "State" means any State, Territory, or possession of the United! States, the Canal Zone, Puerto Rico and the District of Columbia.

(26) When the procurement involves a set-aside for labor surplus area or small business concerns, the following provision will be placed on the face of the invitation or on a cover sheet:

This is a --- percent set-aside for (small business) (labor surplus area) concerns. J

(27) A provision in accordance with § 1-1.1605-1 concerning parent compa. ny relationship and employer identification number.

(28) The Certificate of Independent Price Determination, as required by § 1-1.317.

(29) [Reserved)
(30) (Reserved)

(31) The following provision regard. ing the receipt and consideration of bids for award that are received after the exact time set for opening in the invitation for bids shall be placed in each solicitation: LATE BIDS, MODIFICATIONS OF BIDS, OR

WITHDRAWAL OF BIDS (a) Any bid received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and either:

(1) It was sent by registered or certified mail not later than the fifth calendar day prior to the date specified for the receipt of bids (e.g., a bid submitted in response to a solicitation requiring receipt of bids by the 20th of the month must have been mailed by the 15th or earlier); or

(2) It was sent by mail (or telegram is authorized) and it is determined by the Gorernment that the late receipt was due solely to mishandling by the Government after receipt at the Government installation.

(b) Any modification or withdrawal of a bid is subject to the same conditions as in (a), above. A bid may also be withdrawn in person by a bidder or his authorized representative. provided his identity is made known and he signs a receipt for the bid, but only if the withdrawal is made prior to the exact time set for receipt of bids.

(c) The only acceptable evidence to establish:

(1) The date of mailing of a late bid, modification, or withdrawal sent either by registered or certified mail is the U.S. Postal Service postmark on the wrapper or on the original receipt from the U.S. Postal Serv. ice. If neither postmark shows a legible date, the bid, modification, or withdrawal shall be deemed to have been mailed late. (The term “postmark" means a printed, stamped, or otherwise placed impression that is readily identifiable without further action as having been supplied and affixed on the date of mailing by employees of the U.S. Postal Service.)

(2) The time of receipt at the Government installation is the time-date stamp of such installation on the bid wrapper or other documentary evidence of receipt maintained by the installation.

(d) Notwithstanding (a) and (b) of this provision, a late modification of an other. wise successful bid which makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

NOTE.-The term "telegram" includes mailgrams.

(32) If international air transportation of personnel and cargo is possible during the performance of the contract, include the provision set forth in $1-1.323-2.

(b) For supply and services contracts, excluding construction, invitations for bids shall contain the following, in addition to the information required by § 1-2.201(a), if applicable to the procurement involved.

(1) Discount provisions (see $ 12.407-3).

(2) The quantity of supplies or serv. ices to be furnished under each item, and any provision for quantity vari. ation.

(3) Any requirement for prior testing and qualification of a product, when the item to be purchased is on a qualified products list (see Subpart 1-1.11).

(4) When needed for the purpose of bid evaluation, pre-award surveys, or inspection, a requirement that bidders state the place (including the street

address) from which the supplies will be furnished or where the services will be performed. Where it is reasonably anticipated that producing facilities will be used in the performance of the contract, or where the Government requires the information, bidders will be required to state (i) the full address of principal producing facilities (if designation of such address is not feasible, a full explanation will be required) and (ii) names and addresses of owner and operator, if other than bidder.

(5) Place and method of delivery (s 8 1-2.202-3).

(6) Preservation, packaging, packing, and marking requirements, if any.

(7) Place, method, and conditions of inspection.

(8) If no award will be made for less than the full quantities advertised, a han statement to that effect.

(9) If award is to be made by specified groups of items or in the aggregate, a statement to that effect.

(10) If the invitation for bids gives the Government an option to increase or decrease quantities specified a statement of the maximum percentage of such increase or decrease.

(11) Any applicable requirements for samples or descriptive literature (see 88 1-2.202-4 and 1-2.202-5).

(12) Any requirement for preproduction samples or tests, including a statement that the Government reserves the right to waive the requirement as to those bidders offering a product which has been previously procured or tested by the Government, and a statement that bidders offering such products, who wish to rely on such prior procurement or test, must furnish with the bid information from which it may be clearly established that prior Government approval is presently appropriate for the pending procurement. (29 FR 10141, July 24, 1964, as amended at 30 FR 2208, Feb. 18, 1965; 30 FR 9592, July 31, 1965; 33 FR 3064, Feb. 16, 1968; 33 FR 14287, Sept. 21, 1968; 38 FR 9508, Apr. 17, 1973

9 FR 34664, Sept. 27, 1974; 40 FR 44138, Sept. 25, 1975; 42 FR 33736, July 1, 1977)

38 FR 26913.

pt. 27. 19


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$ 1-2.202 Miscellaneous rules for solicita. fication of the brand name product, tion of bids.

see § 1-1.307-4 of this chapter.) This

rule need not be observed in special § 1-2.202-1 Bidding time.

circumstances or where the urgency of (a) Policy. Consistent with the needs

the need for the supplies or services

does not permit such delay. Procureof the Government for obtaining the

ment activities shall develop procesupplies or services, all invitations for

dures for ensuring that these bidding bids shall allow sufficient bidding time

time requirements are observed. (i.e., the period of time between the date of distribution of an invitation (29 FR 10141, July 24, 1964, as amended at for bids and the date set for opening

36 FR 288, Jan. 8, 1971; 40 FR 2811, Jan. 16, of bids) to permit prospective bidders

1975) to prepare and submit bids. This will

$ 1-2.202-2 Telegraphic bids. facilitate competition on reasonable and equal terms. Undue limitation of (a) As a general rule, telegraphic bidding time tends to restrict competi

bids will not be authorized. However, tion. Also, when prospective bidders do

when in the judgment of the contractnot have adequate time for computing

ing officer the date set for opening of prices and obtaining needed informa

bids will not allow bidders sufficient tion on which to base their bids,

time to prepare and submit bids on the higher prices to the Government may

prescribed forms or when prices are result from inclusion of unnecessary

subject to frequent changes, telecontingency allowances or the unwill

graphic bids may be authorized. When ingness of some to submit bids.

such bids are authorized the invitation (b) Factors to be considered. The ur

for bids shall require the bidder to in

clude in the telegraphic bid specific gency of the Government's need for the items or services, the complexity

reference to the invitation, the items

or sub-items, quantities, and unit of the invitation, the extent of subcon

prices for which the bid is submitted, tracting anticipated, the use of pre-in

the time and place of delivery, and a vitation notices, the geographic distri.

statement that the bidder agrees to all bution of bidders, the normal time for

the terms, conditions, and provisions mail transmission of both invitations

of the invitation. In order that the and bids, and other related factors,

contract may be executed on the must be considered in establishing bid

proper form, the invitation for bids ding time. For example, a bidding time

will also provide that telegraphic bids of 30 days may be inadequate when

should be confirmed on the prescribed bidders are required to prepare special

form and submitted promptly to the drawings, designs, and samples, or to obtain quotations from several suppli

contracting officer.

(b) The term “telegraphic bids” iners and subcontracts, as frequently is

cludes bids or proposals submitted by the case in construction and produc

telegram or by mailgram. Telegram as tion contracts. Conversely, a bidding

used herein includes mailgrams. time of 15 days may be adequate when bids would reasonably be expected to (42 FR 33736, July 1, 1977) be based on stocks-on-hand, or current regular production, or service person

§ 1-2.202–3 Place and method of delivery nel and facilities regularly available of supplies. (as in the case of maintenance and (a) Invitations for bids solicited f.o.b. repair of structures, and similar work). origin shall state that bids will be eval

(c) Minimum bidding time. As a gen- uated on the basis of bid price plus eral rule, bidding time shall be not less transportation cost to the Governthan 20 calendar days when procuring ment from point of origin to one or standard commercial articles and serv. more designated destinations. ices and not less than 30 calendar days (b) Invitations for bids solicited f.o.b. when procuring other than standard origin or destination shall include as commercial articles or services. much of the following information as (Where brand name or equal purchase is pertinent to the particular procuredescriptions are used involving a modi- ment and shall require bidders to fur

For the purpose of evaluating bids (and for no other purpose), the final destinations for the supplies will be considered to be as follows: (insert destination(s)).

nish the Government such of the fol. lowing information as may be appropriate:

(1) Method of shipment, such as rail, water, air, or truck.

(2) Minimum quantities or lots, such as less than carload, less than truck load, carload, or truck load. (Where appropriate, the invitation should elicit information of the minimum size of shipments which the prospective supplier will make, so that freight evaluation may be on a realistic basis. The supplier should be cautioned that, if it ships in lesser quantities, it may be charged with any excess costs resulting.)

(3) Guaranteed shipping weight. Bid. ders should be required to furnish in formation regarding shipping weight and cube of items to be procured so that proper transportation costs can be computed. (The bidder should be cautioned that, if actual shipping weights or cubes vary from the guarantees, it may be charged with any excess costs resulting.)

(4) Packing, crating, and other preparations.

(5) Transit privileges. (Traffic management personnel can furnish necessary information and analysis of situations where transit privileges may be beneficial.)

(6) Any other shipping information required for evaluation.

(c) When the exact destination of the supplies being purchased is not known at the time bids are solicited, but the general geographical section in which delivery will be made is known. such as East Coast, Middle West, or West Coast, for purposes of evaluation of bids only, a definite place(s) or zone(s) shall be designated in the known geographical sector of delivery as the place to which transportation costs will be computed in de termining the low bidder. The invitation should specify that bids will be submitted f.o.b. origin and that shipment will be made on Government bill of lading. So that prospective bidders may understand the method of evaluation to be used, the invitation shall contain a provision substantially as follows:

§ 1-2.202-4 Bid samples.

(a) Definition. The term “bid sample" means a sample required by the invitation for bids to be furnished by a bidder as a part of his bid to show the characteristics of a product of. fered in his bid. Such samples will be used only for the purpose of determining the responsiveness of the bid and will not be considered on the issue of a bidder's ability to produce the required items.

(b) Policy. Bidilers shall not be required to furnish a bid sample of a product they propose to furnish unless there are certain characteristics of the product which cannot be described adequately in the applicable specification or purchase description, thus ne. cessitating the submission of a sample to assure procurement of an acceptable product. It may be appropriate to require bid samples, for example, where the procurement is of products that must be suitable from the standpoint of balance, facility of use, general "feel", color, or pattern, or that have certain other characteristics which cannot be described adequately in the applicable specifications. Where, however, based on the criteria set forth in this § 1-2.202-4, the use of bid samples is justified, the samples may be examined for any required characteristics, whether or not such characteristics may be adequately described in the specifications. Invitations shall list all of the characteristics for which the sample will be examined and bids will be rejected as nonresponsive if the sample fails to conform to each of the listed characteristics. Where more than a minor portion of the characteristics of the product cannot be adequately described in the specification, the product should be procured by negotiation in accordance with § 1-3.210.

(c) Justification. The reasons why acceptable products cannot be procured without the submission of bid samples shall be set forth and filed in the case file, except where such submission is required by the formal

specifications (Federal, military, de- found to comply with specification repartmental, etc.) applicable to the pro- quirements conforming in every matecurement.

rial respect with those in the current (d) Requirements of invitation for invitation for bids so that further evalbids. When bid samples are required, uation or testing would not add to the the invitation for bids shall (1) state Government's knowledge of the acthe number and, if appropriate, the ceptability of the product. When prosize of the samples to be submitted vision is to be made for such waiver, and otherwise fully describe the sam- the invitation for bids provision in ples required, (2) list all characteristics paragraph (e) of this section shall be for which the sample will be exam- modified by adding substantially the ined, and (3) include a provision in ac- following at the end of paragraph (b) cordance with (e) of this § 1-2.202-4. thereof: Where samples are not considered nec

However, the requirement for furnishing essary and a waiver of the sample re

samples may be waived as to a bidder if (1) quirements of a specification has been

the bidder states in his bid that the product authorized, a statement shall be in

he is offering to furnish is the same as a cluded in the invitation for bids that product he has offered to the [ ] on a notwithstanding the requirements of previous procurement and (2) the Contractthe specifications, samples will not be ing Officer determines that such product required.

was previously procured or tested by the (e) Invitation for bids provision.

[ ] and found to comply with specifiWhen bid samples are required, a pro

cation requirements conforming in every

material respect to those in this Invitation vision substantially as follows (modi

for Bids. fied, if appropriate, in accordance with paragraph (f) of this § 1-2.202-4) shall *Contracting officer shall insert "procur. be included in the invitation for bids:

ing activity" or such other designation as

may be provided by agency procedures. BID SAMPLES

(2) Where considered necessary be(a) Bid samples, in the quantities, sizes, cause of the nature of the product, the etc., required for the items so indicated in provision in paragraph (f)(1) of this this Invitation for Bids, must be furnished

section may be limited to provide for as a part of the bid and must be received

waiving the requirement only if the before the time set for opening bids. Samples will be evaluated to determine compli

product offered is produced at the ance with all characteristics listed for exam

same plant at which the product previination in the Invitation.

ously procured or tested was produced. (b) Failure of samples to conform to all (g) Unsolicited samples. If bid samsuch characteristics will require rejection of ples are not required by the invitation the bid. Failure to furnish samples by the for bids, but samples are furnished time specified in the Invitation for Bids will

with a bid, they will not be considered require rejection of the bid, except that a

as qualifying the bid, and will be disre. late sample transmitted by mail will be considered under the provisions for considering

garded, unless it is clear from the bid late bids, as set forth elsewhere in this Invi.

or accompanying papers that it was tation for Bids.

the bidder's intention so to qualify the (c) Products delivered under any resulting

bid. contract shall strictly comply with the ap (h) Disposition of samples. Samples, proved sample as to the characteristics if not destroyed in testing, shall be relisted for examination and shall conform to

turned to bidders at their request and the specifications as to all other characteris

expense, unless otherwise specified in tics.

the invitation for bids. (f) Waiver of requirement for bid samples.

(29 FR 10141, July 24, 1964, as amended at (1) The provision prescribed in para. 29 FR 14494, Oct. 22, 1964; 30 FR 16110, graph (e) of this section may be modi

Dec. 28, 1965) fied to provide that the requirement for furnishing samples may be waived

$ 1-2.202-5 Descriptive literature. as to a bidder who offers a product (a) Definition. As used in this § 1previously or currently being procured 2.202-5, the term "descriptive litera. or tested by the procuring activity and ture" means information, such as cuts.

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