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§ 1-16.901-30 Standard Form 30: Invitation and Bid (Supply Contract).

(a) Page 1 of Standard Form 30.

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(2) the attached Schedule, (3) General Provisions (Standard Form 32,

edition), which are incor. porated herein by reference, and (4) such other contract provisions and specifications as are attached or incorporated by

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In compliance with the above, the undersigned offend tee If this Bid be accepted within

calendar days (60 calendar days unless a different period be inserted by d battery from the date of the opening, to furnish any or all of the items upon which prices are quoted, at the price su brdo site each item, delivered at the designated point's) within the time specified in the attached Schedule.

SPEGEMEEN

BIDDER REPRESENTS: (Check oppropriate boxes)

FULL NAME OF BIDDER (Type or print)

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(1) That he is, is not, a small business CONCER See

definition on reverse bereof.) If bidder is moal busi. ness concern and is not the manufacturer of the sdpplies bid upon, he also represents that all supplies to be fur. nished hereunder a will, will not, be manufactured or produced by a small business concern in the United States, its Territories, its possessions, or the Common.

wealth of Puerto Rico. (2) That he is a regular dealer in, o manufacturer of,

the supplies bid upon. (3) (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) (o solicit or secure this contract, and (b) that he has, has noc, paid or agreed to pay to any company or person (other than a full-time bona fide employee working solely for che bidder) any fee, commission, percentage or broker. age fee, contingent upon or resulting from the award of this contract; and agrees to furnish information re. lating to (a) and (6) above as requested by the Con. tracting Officer (For interpretation of the representation, including the term "bona fide employee," see Code of Fed. eral Regulations, Title 44, Part 150.)

TELEPHONE NO

SIGNATURE OF PERSON AUTHORIZED TO SIGN BID

TYPE OR PRINT SIGNER'S NAME AND TITLE

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(a) Page 2 of Standard Form 30.

TERMS AND CONDITIONS OF THE INVITATION FOR BIDS 1. PREPARATION OF BIDS.-(a) Bidders are expected to Act concerning overtime payment, child labor, safety and examine the drawings, specifications, Schedule, and all in health provisions, etc., may be obtained from the Wage and structions. Failure to do so will be at the bidder's risk.

Hour and Public Contracts Divisions, Department of (6) Each bidder shall furnish the information required

Labor, Washington 25, D. C. Requests for information by the bid form. The bidder shall print or type his name

should state the Invitation number, the issuing agency and on the Schedule and each Continuation Sheet thereof on

the supplies covered. which he makes an entry. Erasures or other changes must be initialed by the person signing the bid. Bids signed by

7. DISCOUNTS.- (a) Prompt-payment discounts will be

included in the evaluation of bids, provided the period of an agent must be accompanied by evidence of his authority.

the offered discount is sufficient to permit payment within (c) Unit price for each unit bid on shall be shown and

such period in the regular course of business under the such price shall include packing unless otherwise specified.

delivery, inspection, and payment provisions of the Invi. A total shall be entered in the Amount column of the Sched

tation and Bid. ule for each item bid on. In case of error in extension of price, the unit price will govern.

(b) In connection with any discount offered, time will

be computed from date of delivery of the supplies to carrier (d) Alternate bids will not be considered unless author

when delivery and acceptance are at point of origin, or ized by the Invitation.

from date of delivery at destination or port of embarkation (e) When not otherwise specified, bidder must definitely when delivery and acceptance are at either of those points, state time of proposed delivery.

or from date correct invoice or voucher is received in the () Time, if stated as a number of days, will include

office specified by the Government if the latter date is later

than the date of delivery. Payment is deemed to be made, Sundays and holidays.

for the purpose of earning the discount, on the date of 2. SUBMISSION OF BIDS.-(a) Bids and modifications mailing of the Government check. thereof shall be enclosed in sealed envelopes addressed to the issuing office, with the name and address of the bidder, 8. AWARD OF CONTRACT.-(a) The contract will be the date and hour of opening, and the invitation number

awarded to that responsible bidder whose bid, conforming on the face of the envelope. Telegraphic bids will not be to the Invitation for Bids, will be most advantageous to the considered unless authorized by the Invitation; however,

Government, price and other factors considered. bids may be modified by telegraphic notice provided such (6) The Government reserves the right to reject any or notice is received prior to the time set for the opening of all bids and to waive informalities and minor irregularities the bids.

in bids received. (6) Samples of items, when required, must be submitted (c) The Government may accept any item or group of within the time specified, and unless otherwise specified by items of any bid, unless the bidder qualifies his bid by spethe Government, at no expense to the Government. If not cific limitations. UNLESS OTHERWISE PROVIDED IN destroyed by testing, samples will be returned at bidder's THE SCHEDULE, BIDS MAY BE SUBMITTED FOR request and expense, unless otherwise specified by the ANY QUANTITIES LESS THAN THOSE SPECIFIED; Invitation.

AND THE GOVERNMENT RESERVES THE RIGHT (c) In the event no bid is to be submitted, do not return

TO MAKE AN AWARD ON ANY ITEM FOR A QUANthe Invitation unless otherwise specified. However, a letter

TITY LESS THAN THE QUANTITY BID UPON AT or post card should be sent to the issuing office advising

THE UNIT PRICES OFFERED UNLESS THE BIDDER

SPECIFIES OTHERWISE IN HIS BID. whether future Invitations for the type of supplies or services covered by this Invitation are desired.

(d) A written award mailed (or otherwise furnished)

to the successful bidder within the time for acceptance 3. WITHDRAWAL OF BIDS.--Bids may be withdrawn by

specified in the bid shall be deemed to result in a binding written or telegraphic notice (see 4 below).

contract without further action by either party. 4. LATE BIDS.-Bids and modifications or withdrawals thereof received after the time set for opening will not

9. SELLER'S INVOICES.—Invoices shall be prepared and be considered, unless they are received before the award is

submitted in quadruplicate unless otherwise specified. Inmade, and it is determined by the Government that failure

voices shall contain the following information: Contract

and order number (if any), item numbers, description of to arrive on time was due solely to delay in the mails for which the bidder was not responsible.

supplies or services, sizes, quantities, unit prices, and ex

tended totals. Bill of lading number and weight of ship5. GOVERNMENT-FURNISHED PROPERTY.-No material, ment will be shown for shipments made on Government labor, or facilities will be furnished by the Government

bills of lading. unless otherwise provided for in the Invitation.

10. DEFINITION OF SMALL BUSINESS.-Generally, a small 6. LABOR INFORMATION.-Attention is invited to the business concern for the purpose of Government procurepossibility that wage determinations may have been made ment is a concern that (1) is not dominant in its field of under the Walsh-Healey Public Contracts Act providing operation and, with its affiliates, employs fewer than 500 minimum wages for employees engaged in the manufacture employees, or (2) is certified as a small business concern for sale to the Government of the supplies covered by this by Small Business Administration. (See Code of Federal Invitation for Bids. Information in this connection, as Regulations, Title 13, Part 103, as amended, which contains well as general information as to the requirements of the the detailed definition and related procedures.)

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The supplies or services to bo furnished, the specifications, the discounts, the timo and place of delivery, and any other special terms and conditions applicable to tho Invitation for Bids, are set forth below.

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§ 1-16.901–32 Standard Form 32: General Provisions (Supply Contract).

(a) Page 1 of Standard Form 32.

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1. DEFINITIONS

As used throughout this contract, the following terms shall have the meanings set forth below: (a) The term "head of the agency" or "Secretary"

means the Secretary, the Under Secretary, any Assistant Secretary, or any other head or assistant head of the executive or military department or other Federal agency; and the term "his duly authorized representative" means any person or persons or board (other than the Contracting Officer) authorized to act for the head of the agency or the

Secretary. (b) The term “Contracting Officer" means the person

executing this contract on behalf of the Government, and any other officer or civilian employee who is a properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of his

authority. (c) Except as otherwise provided in this contract, the

term "subcontracts" includes purchase orders under

this contract. 2. CHANGES

The Contracting Officer may at any time, by a written order, and without notice to the sureties, make changes, within the general scope of this contract, in any one or more of the following: (i) Drawings, designs, or specifications, where the supplies to be furnished are to be specially manufactured for the Government in accordance therewith; (ii) method of shipment or packing; and (iii) place of delivery. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change: Provided, however, That the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Contracting Officer shall have the right to prescribe the man. ner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled “Disputes." However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. 3. EXTRAS

Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefor have been authorized in writing by the Contracting Officer. 4. VARIATION IN QUANTITY

No variation in the quantity of any item called for by this contract will be accepted unless such variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified elsewhere in this contract. Standard Form 32 SEPTEMBER 1961 EDITION

5. INSPECTION

(a) All supplies (which term throughout this clause ir.cludes without limitation raw materials, components, intermediate assemblies, and end products) shall be subject to inspection and test by the Government, to the extent practicable at all times and places including the period of manufacture, and in any event prior to acceptance.

(b) In case any supplies or lots of supplies are defective in material or workmanship or otherwise not in conformity with the requirements of this contract, the Government shall have the right either to reject them (with or without instructions as to their disposition) or to require their correction. Supplies or lots of supplies which have been rejected or required to be corrected shall be removed or, if permitted or required by the Contracting Officer, corrected in place by and at the expense of the Contractor promptly after notice, and shall not thereafter be tendered for acceptance unless the former rejection or requirement of correction is disclosed. If the Contractor fails promptly to lemove such supplies or lots of supplies which are required to be removed, or promptly to replace or correct such supplies or lots of supplies, the Government either (i) may by contract or otherwise replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby, or (ii) may terminate this contract for default as provided in the clause of this contract entitled "Default." Unless the Contractor corrects or replaces such supplies within the delivery schedule, the Contracting Officer may require the delivery of such supplies at a reduction in price which is equitable under the circumstances. Failure to agree to such reduction of price shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled “Disputes."

(c) If any inspection or test is made by the Government on the premises of the Contractor or a subcontractor, the Contractor without additional charge shall provide all reasonable facilities and assistance for the safety and convenience of the Government inspectors in the performance of their duties. If Government inspection or test is made at a point other than the premises of the Contractor or a subcontractor, it shall be at the expense of the Government except as otherwise provided in this contract: I'rorider, That in case of rejection the Government shall not be liable for any reduction in value of samples used in connection with such inspection or test. All inspections and tests by the Government shall be performed in such a manner as not to unduly delay the work. The Government reserves the right to charge to the Contractor any additional cost of Government inspection and test when supplies are not ready at the time such inspection and test is requested by the Contractor or when reinspection or retest is necessitated by prior rejection. Acceptance or rejection of the supplies shall be made as promptly as practicable after delivery, except as otherwise provided in this contract; but failure to inspect and accept or reject supplies shall neither relieve the Contractor from responsibility for such supplies as are not in accordance with the contract requirements nor impose liability on the Government therefor.

(d) The inspection and test by the Government of any supplies or lots thereof does not relieve the Contractor from any responsibility regarding defects or other failures to meet the contract requirements which may be discovered prior to acceptance. Except as otherwise provided in this

32-105

1

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contract, acceptance shall be conclusive except as regards latent defects, fraud, or such gross mistakes as amount to fraud.

(e) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the supplies hereunder. Records of all inspection work by the Contractor shall be kept complete and available to the Government during the performance of this contract and for such longer period as may be specified elsewhere in this contract. 6. RESPONSIBILITY FOR SUPPLIES

Except as otherwise provided in this contract, (i) the Contractor shall be responsible for the supplies covered by this contract until they are delivered at the designated delivery point, regardless of the point of inspection; (ii) after delivery to the Government at the designated point and prior to acceptance by the Government or rejection and giving notice thereof by the Government, the Government shall be responsible for the loss or destruction of or damage to the supplies only if such loss, destruction, or damage results from the negligence of officers, agents, or employees of the Government acting within the scope of their employment; and (ii) the Contractor shall bear all risks as to rejected supplies after notice of rejection, except that the Government shall be responsible for the loss, or destruction of, or damage to the supplies only if such loss, destruction or damage results from the gross negligence of officers, agents, or employees of the Government acting within the scope of their employment. 7. PAYMENTS

The Contractor shall be paid, upon the submission of proper invoices or vouchers, the prices stipulated herein for supplies delivered and accepted or services rendered and accepted, less deductions, if any, as herein provided. I'nless otherwise specified, payment will be made on partial deliveries accepted by the Government when the amount due on such deliveries so warrants; or, when requested by the Contractor, payment for accepted partial deliveries shall be made whenever such payment would equal or exceed either $1,000 or 50 percent of the total amount of this contract. 8. ASSIGNMENT OF CLAIMS

(a) Pursuant to the provisions of the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if this contract provides for payments aggregating $1,000 or more, claims for moneys due or to become due the Contractor from the Government under this contract may be assigned to a bank, trust company, or other financing institution, including any Federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any such assignment or reassignment shall cover all amounts payable under this contract and not already paid, and shall not be made to more than one party, except that any such assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in such financing. Unless otherwise provided in this contract, payments to an assignee of any moneys due or to become due under this contract shall not, to the extent provided in said Act, as amended, be subject to reduction or setoff. (The preceding sentence applies only if this contract is made in time of war or national emergency as defined in said Act and is with the Department of Defense, the General Services Administration, the Atomic Energy Commission, the National Aeronautics and Space Administration, the Federal Aviation Agency, or any other department or agency of the United States designated by the President pursuant to Clause 4 of the proviso of section 1 of the Assignment of Claims Act of 1940, as amended by the Act of May 15, 1951, 65 Stat. 41.)

(b) In no event shall copies of this contract or of any plans, specifications, or other similar documents relating to work under this contract, if marked "Top Secret," "Secret," or “Confidential," be furnished to any assignee of any claim

arising under this contract or to any other person not entitled to receive the same. However, a copy of any part or all of this contract so marked may be furnished, or any information contained therein may be disclosed, to such assignee upon the prior written authorization of the Contracting Officer. 9. ADDITIONAL BOND SECURITY

If any surety upon any bond furnished in connection with this contract becomes unacceptable to the Government, or if any such surety fails to furnish reports as to his financial condition from time to time as requested by the Government, the Contractor shall promptly furnish such additional security as may be required from time to time to protect the interests of the Government and of persons supplying labor or materials in the prosecution of the work contemplated by this contract. 10. EXAMINATION OF RECORDS

(The following clause is applicable if the amount of this contract exceeds $2,500 and was entered into by means of negotiation, but is not applicable if this contract was entered into by means of formal advertising.)

(a) The Contractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this contract.

(b) The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions related to the subcontract. The term "subcontract" as used in this clause excludes (i) purchase orders not exceeding $2,500 and (ii) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. 11. DEFAULT

(a) The Government may, subject to the provisions of paragraph (c) below', by written notice of default to the Contractor, terminate the whole or any part of this contract in any one of the following circumstances:

(i) if the Contractor fails to make delivery of the supplies or to perform the services within the time specified herein or any extension thereof; or

(ii) if the Contractor fails to perform any of the other provisions of this contract, or so fails to make progress as to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

(b) In the event the Government terminates this contract in whole or in part as provided in paragraph (a) of this clause, the Government may procure, upon such terms and in such manner as the Contracting Officer may deem appropriate, supplies or services similar to those so terminated, and the Contractor shall be liable to the Government for any excess costs for such similar supplies or services: Provideil, That the Contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause.

(c) Except with respect to defaults of subcontractors, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts God or of the public enemy, acts of the Government in either its sovereign or contractual capacity,

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