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provisions of Section 274 of the Atomic Energy Act of 1954, as amended, will satisfy the requirements of the invita tion. As used in this § 1-2.201(a) (25), 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 'abor 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 soc. percent set-aside for (small business) (labor surplus area) concerns.

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

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

(29) The following provision regarding nonsegregated facilities shall be placed on the face of the invitation for bids or on a cover sheet where contract awards exceeding $10,000 may result. NOTICE OF REQUIREMENT FOR CERTIFICATION

OF NONSEGREGATED FACILITIES Bidders and offerors are cautioned as follows: By signing this bid or offer, the bidder or offeror will be deemed to have signed and agreed to the provisions of the “Certification of Nonsegregated Facilities" in this solicitation. The certification provides that the bid. der or offeror does not maintain or provide for his employees facilities which are segregated on a basis of race, creed, color, or national origin, whether such facilities are segregated by directive or on a de facto basis. The certification also provides that he will not maintain such segregated facilities. Failure of a bidder or offeror to agree to the Certification of Nonsegregated Facilities will render his bid or offer nonresponsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Op. portunity clause.

(30) The following provision regarding the employment of qualified disabled veterans and veterans of the Vietnam era shall be placed on the face of the invitation, for bids or on a cover sheet where awards in the amount of $2,500 or more may result:

LISTING OF EMPLOYMENT OPENINGS Bidders and offerors should note that this solicitation includes a provision requiring the listing of employment openings with the

local office of the Federal-State employment service system where & contract award is for $2,500 or more.

(31) The following provision regarding 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 if authorized) and it is determined by the Government 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 Service. 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 otherwise successful bid which makes its terms more favorable to the Government will be considered at any time it is received and may be accepted. . (b) For supply and services contracts, excluding construction, invitations for bids shall contain the following, in addi

tion to the information required by § 1-2.201(a), if applicable to the procurement involved.

(1) Discount provisions (see § 1-2.407

3).

(2: The quantity of supplies or sery. ices to be furnished under each item, and any provision for quantity variation.

(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 (a) the full address of principal producing facilities (if designation of such address is not feasible, a full explanation will be required) and (b) names and addresses of owner and operator, if other than bidder.

(5) Place and method of delivery (see $ 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 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 $$ 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 ap

proval is presently appropriate for the pending procurement. 129 F.R. 10141, July 24, 1964, as amended at 30 F.R. 2208, Feb. 18, 1965; 30 F.R. 9692, July 31, 1965; 33 F.R. 3064, Feb. 16, 1968; 33 F.R. 14287, Sept. 21, 1968; 38 FR 9508, Apr. 17, 1973; 38 FR 26913, Sept. 27, 1973) 81-2.202 Miscellaneous rules for solide

tation of bids. 8 1-2.202–1 Bidding time.

(a) Policy. Consistent with the needs of the Government for obtaining the supplies or services, all invitations for bids shall allow sufficient bidding time (i.e., the period of time between the date of distribution of an invitation for bids and the date set for opening of bids) to permit prospective bidders to prepare and submit bids. This will facilitate competition on reasonable and equal terms. Undue limitation of bidding time tends to restrict competition. Also, when prospective bidders do not have adequate time for computing prices and obtaining needed information on which to base their bids, higher prices to the Government may result from inclusion of unnecessary contingency allowances or the unwillingness of some to submit bids.

(b) Factors to be considered. The urgency of the Government's need for the items or services, the complexity of the invitation, the extent of subcontractIng anticipated, the use of pre-invitation notices, the geographic distribution of bidders, the normal time for mail transmission of both invitations and bids, and other related factors, must be considered in establishing bidding time. For example, a bidding time of 30 days may be inadequate when bidders are required to prepare special drawings, designs, and samples, or to obtain quotations from several suppliers and subcontracts, as frequently is the case in construction and production contracts. Conversely, a bidding time of 15 days may be adequate when bids would reasonably be expected to be based on stockson-hand, or current regular production, or service personnel and facilities regularly available (as in the case of maintenance and repair of structures, and similar work).

(c) Minimum bidding time. As a general rule, bidding time shall be not less than 15 calendar days when procuring standard commercial articles and seryices and not less than 30 calendar days when procuring other than standard

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commercial articles or services. (Where so that freight evaluation may be on a brand name or equal purchase descrip- realistic basis. The supplier should be tions are used involving a modification cautioned that, if it ships in lesser quanof the brand name product, see § 1-1.307 tities, it may be charged with any excess 4 of this chapter.) This rule need not costs resulting.) be observed in special circumstances or (3) Guaranteed shipping weight. Bidwhere the urgency for the supplies or ders should be required to furnish inservices does not permit such delay. Pro- formation regarding shipping weight and curement activities shall develop proce cube of items to be procured so that dures for ensuring that these bidding proper transportation costs can be comtime requirements are observed.

puted. (The bidder should be cautioned (29 F.R. 10141, July 24, 1964, as amended at that, if actual shipping weights or cubes 36 F.R. 288, Jan. 8, 1971)

vary from the guarantees, it may be 8 1-2.202–2 Telegraphic bids.

charged with any excess costs resulting.)

(4) Packing, crating, and other prepAs a general rule, telegraphic bids will

arations. not be authorized. However, when in the (5) Transit privileges. (Traffic manjudgment of the contracting officer the

agement personnel can furnish necessary date set for opening of bids will not al

Information and analysis of situations low bidders sufficient time to prepare

where transit privileges may be beneand submit bids on the prescribed forms, fcial.) or when prices are subject to frequent

(6) Any other shipping information changes, telegraphic bids may be au required for evaluation. thorized. When such bids are authorized

(c) When the exact destination of the the invitation for bids shall require the

supplies being purchased is not known bidder to include in the telegraphic bid

at the time bids are solicited, but the specific reference to the invitation, the

general geographical section in which items or sub-items, quantities, and unit delivery will be made is known, such as prices for which the bid is submitted,

East Coast, Middle West, or West Coast, the time and place of delivery, and a

for purposes of evaluation of bids only, a statement that the bidder agrees to all definite place(s) or zone(s) shall be desthe terms, conditions, and provisions of Ignated in the known geographical sector the invitation. In order that the contract

of delivery as the place to which transmay be executed on the proper forms,

portation costs will be computed in dethe invitation for bids will also provide

termining the low bidder. The invitation that telegraphic bids should be confirmed should specify that bids will be submitted on the prescribed form and submitted f.o.b. origin and that shipment will be promptly to the contracting officer. made on Government bill of lading. So § 1-2.202–3 Place and method of de that prospective bidders may understand livery of supplies.

the method of evaluation to be used, the

invitation shall contain a provision sub(a) Invitations for bids solicited f.o.b.

stantially as follows: origin shall state that bids will be evaluated on the basis of bid price plus trans

For the purpose of evaluating bids (and for portation cost to the Government from

no other purpose), the final destinations for

the supplies will be considered to be as fol. point of origin to one or more designated

lows: (insert destination(s) ). destinations. (b) Invitations for bids solicited f.o.b.

$ 1-2.2024 Bid samples. origin or destination shall include as (a) Definition. The term “bid sammuch of the following information as is

ple" means a sample required by the pertinent to the particular procurement

invitation for bids to be furnished by a and shall require bidders to furnish the

bidder as a part of his bid to show the Government such of the following infor

characteristics of a product offered in mation as may be appropriate:

his bid. Such samples will be used only (1) Method of shipment, such as rail,

for the purpose of determining the rewater, air, or truck. (2) Minimum quantities or lots, such

sponsiveness of the bid and will not be as less than carload, less than truck load,

considered on the issue of a bidder's abil. carload, or truck load. (Where appro ity to produce the required items. priate, the invitation should elicit infor- (b) Policy. Bidders shall not be remation of the minimum size of shipments quired to furnish a bid sample of a prodwhich the prospective supplier will make. uct 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 necessitating 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 character. istics 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, miltary, departmental, etc.) applicable to the procurement.

(d) Requirements of invitation for bids. When bid samples are required, the invitation for bids shall (1) state the number and, if appropriate, the size of the samples to be submitted and otherwise fully describe the samples required, (2) list all characteristics for which the sample will be examined, and (3) include a provision in accordance with (e) of this § 1-2.202-4. Where samples are not considered necessary and a waiver of the sample requirements of a specification has been authorized, a statement shall be included in the invitation for bids that notwithstanding the requirements of the specifications, samples will not be required.

(e) Invitation for bids provision When bid samples are required, a provision substantially as follows (modified, if appropriate, in accordance with paragraph (f) of this § 1-2.202–4) shall be included in the invitation for bids:

BIO SAMPLES (a) Bid camples, on the quantities, sizes, etc., required for the items 80 indicated in this Invitation for Bids, must be furnished as a part of the bid and must be received before the time set for opening bids. Samples will be evaluated to determine compliance with all characteristics listed for examination in the Invitation.

(b) Failure of samples to conform to all such characteristics will require rejection of the bid. Failure to furnish samples by the time specified in the Invitation for Bids will require rejection of the bid, except that a late sample transmitted by mall will be considered under the provisions for considering late bids, as set forth elsewhere in this Invitation for Bids.

(c) Products delivered under any resulting contract shall strictly comply with the approved sample as to the characteristics listed Por examination and shall conform to tho specifications as to all other characteristics.

(f) Waiver of requirement for bid samples.

(1) The provision prescribed in (e) of this section may be modified to provide that the requirement for furnishing samples may be waived as to a bidder who offers a product previously or currently being procured or tested by the procuring activity and found to comply with specification requirements conforming in every material respect with those in the current invitation for bids so that further evaluation or testing would not add to the Government's knowledge of the acceptability of the product. When provision is to be made for such waiver, the invitation for bids provision in (e) of this section shall be modified by adding substantially the following at the end of paragraph (b) thereof:

However, the requirement for furnishing samples may be waived as to a bidder 11 (1) the bidder states in his bid that the product he is offering to furnish 18 the same as a product he has offered to the on a previous procurement and (2) the Contracting Officer determines that such product was previously procured or tested by the

I and found to comply with specification requirements conforming in every material respect to those in this Invi. tation for Bids.

•Contracting officer shall Insert "procuring activity" or such other designation as may be provided by agency procedures.

(2) Where considered necessary because of the nature of the product, the provision in (f) (1) of this section may be limited to provide for waiving the requirement only if the product offered is produced at the same plant at which

the product previously procured or tested was produced.

(g) Unsolicited samples. If bid samples are not required by the invitation for bids, but samples are furnished with a bid, they will not be considered as qualifying the bid. and will be disregarded, unless it is clear from the bid or accompanying papers that it was the bidder's intention so to qualify the bid

(h) Disposition of samples. Samples, if not destroyed in testing. shall be returned to bidders at their request and expense, unless otherwise specified in the invitation for bids 129 F.R, 10141. July 24, 1964. as amended at 29 F.R. 14494, Oct. 22, 1964; 30 FR. 18110. Dec. 28, 1965) 8 1-2.202–5 Descriptive literature.

(a) Definition. As used in this $ 1-2.202-5. the term "descriptive literature" means information, such as cuts. Illustrations, drawings and brochures, which show the characteristics or construction of a product or explain its operation, furnished by a bidder as a part of his bid to describe the products offered in his bid The term includes only information required to determine acceptability of the product, and excludes other information such as that furnished in connection with the qualifications of a bidder or for use in operating or maintaining equipment.

(b) Policy. Bidders shall not be required to furnish descriptive literature as a part of their bids unless the contracting agency deems that such literature is needed to enable it to determine before award whether the products of fered meet the specification requirements of the invitation for bids and to establish exactly what the bidder proposes to furnish. It may be appropriate to require descriptive literature in the procurement of highly technical or specialized equipment or where considerations such as design or style are important in determining acceptability of the product.

(c) Justification The reasons who acceptable products cannot be procured without the submission of descriptive literature shall be set forth and filed ir the case file, except where such submis: sion is required by the formal specifica tions (Federal. military. departmental etc.) applicable to the procurement.

(d) Requirements of invitation for bids When descriptive literature is required, the invitation for bids shal?

clearly state what descriptive literature is to be furnished, the purpose for which it is required, the extent to which it will be considered in the evaluation of bids and the rules which will apply if a bidder fails to furnish it before bid opening or if the literature furnished does not comply with the requirements of the invitation for bids. Where descriptive literature is not considered necessary and a waiver of the literature requirements of a specification has been authorized, a statement shall be included in the invi. tation for bids that notwithstanding the requirements of the specifications, descriptive literature will not be required

(1) Except as provided in (d) (2) of this section, if bidders are to furnish descriptive literature as a part of their bids a provision substantially as follows (modified, if appropriate, in accordance with (e) (1) of this section) shall be included in the invitation for bids:

REQUIREMENT FOR DESCRIPTIVE LITERATURE

(a) Descriptive literature as specified in this Invitation for Bids must be furnished as a part of the bid and must be received before the time set for opening bids The literature furnished must be identified to show the item in the bid to which it pertains. The descriptive literature is required to establish, for the purposes of bid evalua. tion and award, detalls of the products the bidder proposes to furnish as to l

(b) Fallure of descriptive literature to show that the product offered conforms to the specifications and other requirements of this Invitation for Bids will require rejection of the bid Failure to furnish the descriptive literature by the time specified in the Invitation for Bids will require rejection of the bid, except that if the material is tran mitted by mall and is received late, It may be considered under the provisions for con. sidering late bids. as set forth elsewhere in this Invitation for Bids.

Contracting officer shall insert significant elements such as design, materials, com. ponents, or performance characteristics. Or methods of manufacture, construction, assembly, or operation, as appropriate.

(2) When brand name or equal purchase descriptions are used, the requirements of this § 1-2.202-5 are met by inserting in the invitation for bids the brand names provision set forth in $ 1-1.307-6.

(e) Waiver of requirements for descriptive literature. (1) The provision prescribed in (d) (1) of this section may be modified to provide that the requirements for furnishing descriptive literature may be waiver as to a particular

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