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§ 1-16.901–20 Standard Form 20: Invitation for Bids (Construction Contract).

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§ 1-16.901-21 Standard Form 21: Bid Form (Construction Contract).

(a) Page 1 of Standard Form 21.


FED. PROC. REG. (41 CFR) 1-16.401


Read the Instructions to Bidders (Standard Form 22)

This form to be submitted in

NAME OF BIDDER (Type or print)



In compliance with the above-dated invitation for bids, the undersigned hereby proposes to perform all work for

in strict accordance with the General Provisions (Standard Form 23-A), Labor Standards Provisions Applicable to Contracts in Excess of $2,000 (Standard Form 19-A), specifications, schedules, drawings, and conditions, for the following amount(s)


The undersigned agrees that, upon written acceptance of this bid, mailed or otherwise furnished within

calendar days ( calendar days unless a different period be inserted by the bidder) after the date of opening of bids, he will within calendar days (unless a longer period is allowed) after receipt of the prescribed forms, execute Standard Form 23, Construction Contract, and give performance and payment bonds on Government standard forms with good and sufficient surety. The undersigned agrees, if awarded the contract, to commence the work within calendar days after the date of receipt of notice to proceed, and to complete the work within

calendar days after the date of receipt of notice to proceed.


(Continue on other side)

(b) Page 2 of Standard Form 21.

Receipt of Amendments: The undersigned acknowledges receipt of the following amendments of the invitation for bids, drawings, and/or specifications, etc. (Give number and date of each):


The bidder represents (Check appropriate boxes): (1) That he is, is not, a small business concern. (For this purpose, a small business concern is a businoss

concern, including its affiliates, which (a) is independently owned and operated, (b) is not dominant in its field of operation, and (c) had average annual receipts for the preceding three fiscal years not oxceeding $5,000,000. For additional information see governing regulations of the Small Business Administration.)

(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 or 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 fee, commission, percentage or brokerage fee, contingent upon or resulting from the award of this contract;
and agrees to furnish information relating to (a) and (b) above as requested by the Contracting Officer.
(For interpretation of the ropresentation, including the term "bona fide employee," seo Codo of
Federal Regulations, Title 41, Subpart 1-1.5.)

(3) That he operates as an individual, partnership, joint venture, corporation, incorporated in State of

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


Bids should not be qualified by exceptions to the bidding conditions.


(26 F.R. 1047, Feb. 3, 1961)

§ 1-16.901–22 Standard Form 22: Instructions to Bidders (Construction Contract)

(a) Page 1 of Standard Form 22.

FED. PROC. REG. (41 CFR) 1 -16.401



1.. Explanations to Bidders. Any explanation de. antees, other than bid bonds, will be returned (a) to sired by a bidder regarding the meaning or interpre. unsuccessful bidders as soon as practicable after the tation of the invitation for bids, drawings, specifica. opening of bids, and (b) to the successful bidder upon tions, etc., must be requested in writing and with suf- execution of such further contractual documents and ficient time allowed for a reply to reach bidders bonds as may be required by the bid as accepted. before the submission of their bids. Any interpreta

If the successful bidder withdraws his bid within tion made will be in the form of an amendment of the invitation for bids, drawings, specifications, etc.,

the period specified therein for acceptance (sixty days and will be furnished to all prospective bidders. Its

if no period'is specified) or, upon acceptance thereof

by the Government, fails to enter into the contract receipt by the bidder must be acknowledged in the space provided on the Bid Form (Standard Form 21)

and give bonds within the time specified (ten days if

no period is specified) after the forms are presented or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions

to him, he shall be liable for any difference by which given before the award of the contract will not be

the cost of procuring the work exceeds the amount

of his bid, and the bid guarantee shall be available binding

toward offsetting such difference. 2. Conditions Affecting the Work. Bidders should

5. Preparation of Bids. (a) Bids shall be submitted visit the site and take such other steps as may be rea- on the forms furnished, or copies thereof, and must sonably neccessary to ascertain the nature and location

be manually signed. If erasures or other changes apof the work, and the general and local conditions

pear on the forms, each erasure or change must be which can affect the work or the cost thereof. Failure

initialed by the person signing the bid. Unless spe. to do so will not relieve bidders from responsibility cifically authorized in the ihvjgation for bids, telefor estimating properly the difficulty or cost of suc

graphic bids will not be considered. cessfully performing the work. The Government will assume no responsibility for any understanding or rep

(b) The bid form may provide for submission of a resentations concerning conditions made by any of its

price or prices for one or more items, which may be officers or agents prior to the execution of the contract,

lump sum bids, alternate prices, scheduled items re. unless included in the invitation for bids, the specifica. sulting in a bid on a unit of construction or a comtions, or related documents.

bination thereof, etc. Where the bid form explicitly

requires that the bidder bid on all items, failure to do 3. Bidder's Qualifications. Before a bid is con- so will disqualify the bid. When submission of a sidered for award, the bidder may be requested by the price on all items is not required, bidders should in. Government to submit a statement regarding his pre.

sert the words "no bid" in the space provided for any vious experience in performing comparable work, his item on which no price is submitted. business and technical organization, financial re. (c) Unless called for, alternate bids will not be sources, and plant available to be used in performing considered. the work.

(d) Modifications of bids already submitted will be 4. Bid Guarantee. Failure to furnish a required bid considered if received at the office designated in the guarantee in the proper form and amount, by the time invitation for bids by the time set for opening of bids. set for opening of bids, may be cause for rejection of Telegraphic modifications will be considered, but the bid.

should not reveal the amount of the original or re

vised bid. A bid guarantee shall be in the form of a firm com. mitment, such as a bid bond, postal money order, cer. 6. Submission of Bids. Bids must be sealed, marked, tified check, cashier's check, irrevocable letter of credit and addressed as directed in the invitation for bids. or, in accordance with Treasury Department regula. Failure to do so may result in a premature opening of, tions, boods or notes of the United States. Bid guar. or a failure to open, such bid.


(b) Page 2 of Standard Form 22.

7. Late Bids and Modifications or Withdrawals. for bids. Their content will be made public for the Bids and modifications or withdrawals thereof re. information of bidders and others interested, who may ceived at the office designated in the invitation for bids be present either in person or by representative. Ifter the exact time set for opening of bids will not be considered unless received before award and .(a) 10. A ward of Contract. (a) Award of contract will they are submitted by mail (or by telegraph, if author. be made to that responsible bidder whose bid, conformized) and (6) it is determined by the Government that ing to the invitation for bids, is most advantageous to -late receipt was due solely to either (1) delay in the

the Government, price and other factors considered. mails focby the telegraph company, if celegraphic bids are authorized). for which the bidder was not respon

(6) The Government may, when in its interest, rejeca ..sible or (2) mishandling by the Government after re- any or all bids or waive any informality in bids received. ceipt at the Government installation. However, a

(6) The Government may accept any item or commodification which is received from an otherwise suc.

bination of items of a bid, unless precluded by the cessful bidder and which makes the terms of the bid invitation for bids or the bidder includes in his bid more-favorable to the Government will be considered

a restrictive limitation. arany time it is received and may thereafter be accepted. 8. Withdrawal of Bids. Bids may be withdrawn

11. Contract and Bonds. The bidder whose bid is by written or telegraphic request received from bid accepted will, within the time estabished in the bid, ders prior to the time set for opening of bids.

enter into a written contract with the Government

and, if required, furnish performance and payment 9. Public Opening of Bids. Bids will be publicly bonds on Government standard forms in the amounts opened at the time set for opening in the invitation indicated in the invitation for bids or the specifications.

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