the solicitation meets either of the following conditions: (1) The solicitation cites documents or publications not furnished with the solicitation. (2) The solicitation incorporates documents or publications by reference. (b) Federal specifications. Insert the clause at 552.211-72, Reference to Specifications in Drawings, in solicitations and contracts citing Federal specifications which contain drawings. (c) Supply contracts that exceed the simplified acquisition threshold. (1) InIclude the clause at 552.211-73, Marking, in solicitations and contracts for supplies when deliveries may be made to both civilian and military activities and the contract amount is expected to exceed the simplified acquisition threshold. (2) Include the clause at 552.211-74, Charges for Marking, in solicitations and contracts that include the clause at 552.211-73 or a similar clause. (3) Include the clause at 552.211-75, Preservation, Packaging and Packing, in solicitations and contracts for supplies expected to exceed the simplified acquisition threshold. You may also inIclude the clause in contracts estimated to be at or below the simplified acquisition threshold when appropriate. (4) Insert a clause substantially the same as the clause at 552.211-76, Charges for Packaging and Packing, in solicitations and contracts for supplies to be delivered to GSA distribution centers. (d) Supply contracts. Include the clause at 552.211-77, Packing List, in solicitations and contracts for supplies, including purchases over the micropurchase threshold. Subpart 511.4-Delivery or Performance Schedules 511.404 Contract clauses. (a) Supply contracts.—(1) Single award schedules. Insert 552.211-8, Time of Delivery, in solicitations and contracts instead of the clause at FAR 52.211–8. If you need to show different delivery times for different items or groups of items, use Alternate I. (2) Multiple award schedules. Insert 552.211-78, Commercial Delivery Schedule (Multiple Award Schedule), in so licitations issued and contracts awarded under the multiple award schedule program. (3) Shelf-life items. Use the following clauses in solicitations and contracts that require delivery of shelf-life items within a specified number of months from the date of manufacture or production (see 101-27.206-2 of the Federal Property Management Regulation): (i) Insert 552.211-79, Acceptable Age of Supplies, if the required shelf-life period is 12 months or less, and lengthy acceptance testing may be involved. For items having a limited shelf-life, substitute Alternate I when required by the director of the commodity center concerned. (ii) Insert 552.211-80, Age on Delivery, if the required shelf-life period is more than 12 months, or when source inspection can be performed within a short time period. (4) Stock replenishment contracts. Insert 552.211-81, Time of Shipment, in solicitations and stock replenishment contracts that do not include the Availability for Inspection, Testing and Shipment/Delivery clause at 552.211-83 and require shipment within 45 calendar days after receipt of the order. If shipment is required in more than 45 days, use Alternate I. (5) Notice of shipment. Include 552.211– 82, Notice of Shipment, in solicitation and contracts for supplies when you need to have a notice of shipment from the contractor. (6) Indeterminate testing time. Insert 552.211-83, Availability for Inspection, Testing and Shipment/Delivery, in solicitations and contracts that provide for source inspection by Government personnel and that require lengthy testing for which time frames cannot be determined in advance. If the contract is for stock items, use Alternate I. (b) Construction contracts. Insert the clause at 552.211-84, Non-Compliance with Contract Requirements, in solicitations and contracts for construction when you expect the contract amount to exceed the simplified acquisition threshold. PART 512-ACQUISITION OF COMMERCIAL ITEMS AUTHORITY: 40 U.S.C. 486(c). Subpart 512.3-Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Items 512.301 Solicitation provisions and contract clauses for the acquisition of commercial items. (a) Solicitation provisions and clauses. Insert these provisions or clauses in solicitations or solicitations and contracts, respectively, in accordance with the instructions provided: (1) 552.212-70, Preparation of Offer (Multiple Award Schedule), in solicitations and contracts issued under the multiple award schedule program. (2) 552.213-71, Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items, when listed clauses apply. The clause provides for incorporation by reference of terms and conditions which are, to the maximum extent practicable, consistent with customary commercial practice. If necessary, tailor this clause. (3) 552.212-72, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisitions of Commercial Items, when listed clauses apply. The clause provides for the incorporation by reference of terms and conditions required to implement provisions of law or executive orders that apply to commercial item acquisitions. (4) 552.213-73, Evaluation-Commercial Items (Multiple Award Schedule), in multiple award schedule solicitations. Use this provision instead of FAR 52.212-2. (b) Use of required provisions and clauses. Use only those provisions and clauses prescribed in this part. Unless the use of a provision or clause prescribed elsewhere in the GSAR is consistent with customary commercial practice for the item being acquired, disregard contrary instructions. Provisions and clauses prescribed in this part will be revised to reflect the applicability of new statutes and executive orders. (c) Discretionary use of GSAR provisions and clauses. Consistent with the limitations contained in FAR 12.302(c), include in solicitations and contracts by addendum other GSAR provisions and clauses. (d) Use of additional provisions and clauses. The Senior Procurement Executive must approve the use of a provision or clause that is either not: (1) Prescribed in the FAR or GSAR for use in contracts for commercial items. (2) Consistent with customary commercial practice. [64 FR 37210, July 9, 1999, as amended at 65 FR 41378, July 5, 2000] TYPES 513.302-70 Purchase order and related forms. 513.303 Blanket purchase agreements (BPAs). 513.303-3 Preparation of BPAs. 513.307 Forms. AUTHORITY: 40 U.S.C. 486(c). SOURCE: 64 FR 37211, July 9, 1999, unless otherwise noted. Subpart 513.3-Simplified 513.302 Purchase orders. 513.302-70 Purchase order and related forms. (a) See GSA Order, Guidance on Use of the Credit Card for Purchases (CFO 4200.1), for forms required for purchase card actions. (b) Use GSA Form 3000 or 300-1 (pinfeed format), Order for Supplies and Services, instead of OF 347, Order for Supplies or Services, when making purchases payable through the National Electronic Accounting and Reporting (NEAR) System. (1) This form may also be used to make other purchases when a specific form is not prescribed. It may be used as a delivery or task order instead of SF 1449, Solicitation/Contract/Order for Commercial Items. (2) Prepare and process GSA Form 300 following the instructions at 553.370300-I. Use GSA Form 300A or 300-A(1) (pin-feed format), order for Supplies or Services (continuation), if additional space is needed. (c) Use GSA Form 1458, Motor Vehicle Shop Work Order, Repair and Purchase Order, instead of the OF 347 when making purchases in connection with the maintenance, servicing or repair of GSA fleet management vehicles. (d) Use GSA Form 3186, Order for Supplies or Services or GSA Form 3186 B, Order for Supplies or Services (EDI), instead of OF 347, Order for Supplies or Services, when making simplified acquisitions or placing orders against established contracts through the FSS-19 system. (1) Use GSA Form 3186 for mail orders placed against established contracts. (2) Document the file for a delivery, task, or purchase order transmitted to contractors electronically using Electronic Data Interchange (EDI) procedures by generating a GSA Form 3186B. (e) Use GSA Form 8002B, Motor Vehicle Delivery Order, to order fleet management vehicles. Do not use this form as a purchase order for simplified acquisitions. Use GSA Form 8002A to notify the consignee of the status of motor vehicle requisitions. [64 FR 37211, July 9, 1999, as amended at 65 FR 11247, Mar. 2, 2000] 513.303 Blanket purchase agreements (BPAs). 513.303-3 Preparation of BPAs. (a) Description of agreement. Describe limitations, if any, on the geographic area to be served. (b) Delivery tickets. Instruct the contractor to include the name of the individual placing the order on the delivery ticket. The individual receiving the item or service must sign and date the delivery or service ticket. Both the supplier and the receiving office must retain a copy of the delivery ticket. 513.307 Forms. You may use the GSA Form 3521, Blanket Purchase Agreement, to prepare a blanket purchase agreement. PART 514-SEALED BIDDING Subpart 514.2-Solicitation of Bids Sec. 514.201 Preparation of invitations for bids. 514.201-1 Uniform contract format. 514.201-2 Part I-The Schedule. 514.201-6 Solicitation provisions. 514.201-7 Contract clauses. 514.202 General rules for solicitation of bids. 514.202-4 Bid samples. 514.203 Methods of soliciting bids. 514.203-1 Transmittal to prospective bidders. 514.270 Aggregate awards. 514.270-1 Definition. 514.270-2 Guidelines for use. 514.270-3 Evaluation factors for award. 514.270-4 Grouping line items for aggregate award. 514.270-5 Evaluation methodologies for aggregate awards. 514.270-6 Guidelines for using the weight factors method. 514.270-7 Guidelines for using the price list method. Subpart 514.4—Opening of Bids and Award of Contract 514.407 Mistakes in bids. 514.407-3 Other mistakes disclosed before award. 514.407-4 Mistakes after award. AUTHORITY: 40 U.S.C. 486(c). SOURCE: 64 FR 37211, July 9, 1999, unless otherwise noted. Subpart 514.2-Solicitation of Bids 514.201 Preparation of invitations for bids. 514.201-1 Uniform contract format. Include the following notice in each solicitation: The information collection requirements contained in this solicitation/contract, are either required by regulation or approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No. 3090-0162. 514.201-2 Part I-The Schedule. (a) When you use Standard Form 33, Solicitation, Offer and Award, include the following cautionary notice: Notice to Bidders-Use Item 13 of the Standard Form 33, Solicitation, Offer and Award, to offer prompt payment discounts. The Prompt Payment clause of this solicitation sets forth payment terms. Do not insert any statement in Item 13 which requires payment sooner than the time stipulated in the Prompt Payment clause. Example: If you insert "NET 20" in Item 13, GSA will reject your offer as nonresponsive because the entry contradicts the 30 day payment terms specified in the Prompt Payment clause. (b) When you use any other authorized form (e.g., Standard Form 1447, Solicitation/Contract), include the notice in paragraph (a) of this section. Change the reference to the form number, form title, and item number accordingly. §514.201-6 Solicitation provisions. When you will consider all or none bids, insert the provision at 552.214–70, "All or None" Offers, in the solicitation. For requirements or indefinite quantity contracts, use Alternate I. Do not include this provision in solicitations when you require the bidder to submit bids on all items and will make only one award. 514.201-7 Contract clauses. (a) Stock replenishment contracts. For some stock replenishment contracts, individual contractors may be unable to furnish the Government's monthly requirements. You may determine that progressive awards will be more expedient. In such cases, insert a clause substantially the same as the clause 552.214-71, Progressive Awards and Monthly Quantity Allocations, in the solicitation and contract. (b) Examinations of Records. (1) Insert 552.214-70, Examination of Records by GSA, in solicitations and contracts for supplies or services that exceed $100,000, and acquisitions of leasehold interests in real property that exceed the simplified lease acquisition threshold, that meet at least one of the following conditions: (i) Involve the use or disposition of Government-furnished property. (ii) Provide for advance payments, progress payments based on cost, or guaranteed loan. (iii) Contain a price warranty or price reduction clause. (iv) Include an economic price adjustment clause where the adjustment is not based solely on an established, third party index. (v) Are requirements, indefinitequantity, or letter contracts as defined in FAR part 16. (vi) Contain the provision at FAR 52.223-4, Recovered Materials Certification. (2) You may modify the clause to define the specific area of audit (e.g., the 190-191 D-00--11 use or disposition of Government-furnished property). Legal Counsel and the Assistant Inspector General-Auditing or Regional Inspector GeneralAuditing, as appropriate, must concur in any modifications to the clause. 514.202 General rules for solicitation of bids. 514.202-4 Bid samples. (a) Solicitation requirements. (1) When you require bid samples, require bidders to submit samples produced by the manufacturer whose products will be supplied under the contract. (2) The FAR limits use of bid samples to cases where you cannot describe some characteristics of a product adequately in the specification or purchase description. This usually applies to subjective characteristics. You may determine that you need to examine objective characteristics of bid samples to determine the responsiveness of a bid. Base your determination on past experience or other valid considerations. In the solicitation, separately list "Subjective Characteristics" and "Objective Characteristics." (3) A sample provision appears at 552.214-72, Bid Sample Requirements. You may use this provision as shown or modify it to fit the circumstances of a procurement. (b) Handling and disposition of samples. (1) Retain samples from accepted bids for the period of contract performance. If you have no outstanding claims regarding the contract, dispose of the samples at the end of the contract term following the bidder's instructions. (2) If you anticipate a claim regarding the contract, retain the bid samples until the claim is resolved. (3) Retain samples from unsuccessful bids until you make award. After award, dispose of these samples following the bidder's instructions. (c) Using bid samples. Include the information required by FAR 14.202-4(e) in the solicitation. Provide the number, size, and full description of samples with instructions on how to submit bids. List the characteristics that you will examine. The list needs to include any aspect of the bid sample the acquisition team will examine to determine the product(s) acceptability. 514.203 Methods of soliciting bids. 514.203-1 Transmittal to prospective bidders. Prospective bidders, as used in FAR 14.203-1, include both the following: (a) The incumbent contractor, except when its written response to the notice of contract action under FAR subpart 5.2 states a negative interest. (b) Bidders that responded to recent solicitations for the same or similar items. 514.270 Aggregate awards. 514.270-1 Definition. Aggregate award means an arrangement whereby two or more separatelypriced line items are combined for award to that bidder whose bid will result in the lowest overall cost to the Government for the line items as a group. The individual price for each item does not have to be the lowest bid received. (See also the definition of a "line item" in FAR 3.302.) 514.270-2 Guidelines for use. (a) GSA usually solicits prices and reserves the right to make award for individual line items. In some cases it serves GSA's best interest to combine two or more line items for an aggregate award. Such cases include when: (1) Users desire uniformity of design, style, and finish (e.g., suites of household furniture). (2) The articles will be assembled and used as a unit, and different manufacturers' components may not be interchangeable. (3) Users have high demand for certain articles, but demand for related articles is insufficient to attract competitive bids (e.g., various sized of socket wrenches). Awarding the low-demand articles in conjunction with the high-demand articles may encourage competition. (4) One location (delivery point) has a large requirement, and another location has a requirement too small to individually attract competitive bids. |