(51) Unless contained elsewhere in the invitation, a statement as follows: In the event of an inconsistency between provisions of this invitation for bids, the inconsistency shall be resolved by giving precedence in the following order:

(i) The schedule;

(ii) Terms and conditions of the invitations for bids;

(iii) General provisions;

(iv) Other provisions of the contract whether incorporated by reference or otherwise; and,

(v) Specifications.

(52) Invitations for bids which require the successful bidder to execute a separate award-type or long form contract shall contain a statement as follows:

The successful bidder will be required to execute a contract on a copy of which is appended hereto for information.

(53) Item identification requirements. Invitations for bids (IFB) for the procurement of equipment or materials for stock which have not previously been assigned a Federal Stock Number will provide that:

The contractor shall prepare and furnish to the contracting officer, item identifications based on Federal Description Patterns for each item set forth below in accordance with Standard Guides for Preparation of Item Identifications by Government Supplier (Federal Standard No. 5a) (list

each item of the IFB requiring identification).

Upon receipt of identification data, the contracting officer will forward same to the Commandant (FS-4) for obtaining a Federal Stock Number.

(54) Any authorized deviations in a contract form will be made by setting forth in the invitation for bid a statement that the following alterations have been made in the provisions of this contract: Physical change in printed forms is not authorized re § 11.009-2(d) of this title.

(55) A provision for any required temporary services to be provided for or by the contractor, such as light and power, water, steam, heat, garbage disposal, telephone service, etc.

(b) (1)-(4) [Reserved]

(5) In addition to the requirements set forth in § 1-2.201(b) (5) the procedure set forth in ASPR "32 CFR 1-1.302" shall govern in determining if delivery will be required f.o.b. origin or f.o.b. destination.

(6)-(49) [Reserved]

(50) When minimum size of shipment requirements are appropriate, a provision substantially as follows:

MINIMUM SIZE OF SHIPMENT

The Government desires that the minimum size of shipment be carload or truckload lots. If the bidder is unable to tender delivery in carload or truckload lots, he may set forth below the minimum size of shipments he will tender for delivery:

(Minimum size of shipment to be completed by bidder.)

If the bidder does not indicate otherwise, he must tender delivery in carload or truckload lots. Bids will be evaluated to take into account the transportation costs to the Government. If delivery is tendered in smaller quantities than set forth above, the contract price shall be reduced by the difference between the actual cost of transportation and the cost the Government would have incurred had the minimum size of shipment been complied with.

(51) When the shipping weights (and dimensions, if applicable) of an item are a factor in determining transportation costs for bid evaluation, a provision substantially as follows:

GUARANTEED MAXIMUM SHIPPING WEIGHT

(AND DIMENISONS, IF APPLICABLE) Each bid will be evaluated to the destination specified by adding to the f.o.b. origin price all transportation costs to said destination. The guaranteed maximum shipping weight (and dimensions, if applicable) are required for determination of transportation costs. Bidder must state the weights (and dimensions, if applicable) in his bid or it will be rejected. If delivered items exceed the guaranteed maximum shipping weight (and dimensions, if applicable), the bidder agrees that the contract price shall be reduced by an amount equal to the difference between the transportation cost computed for evaluation purposes based on bidder's guaranteed maximum shipping weights (and dimensions, if applicable) and the transportation cost that should be used for bid evaluation purposes based on correct shipping data.

(52) Real estate lease contracts. Invitations for bids SF 33 inviting bids for

acquisition of real property including land, buildings, etc., by lease will contain a provision that contracts awarded will be executed on SF 2, Real Estate Lease. (53) [Reserved]

(54) When the invitation involves the use of containers (drums, carboys, cylinders, reels, tanks, etc.) incident to the delivery terms, a provision substantially as follows:

(i) Cost of containers is to be included in the price quoted and containers are to remain property of the Government; or

(ii) Cost of containers is to be included in the price quoted and the contractor will allow a credit of $ (to be completed by the contractor) for each container returned to point of delivery within (to be completed by the Government) days.

(55) In invitations for preparation of household goods for shipment and storage, a provision that: The provisions of MIL-STD-212 as in effect on the date of this contract are applicable for supplies and services furnished under this contract.

[CGFR 64-26, 29 F.R. 6496, May 19, 1964, as amended by CGFR 64-45, 29 F.R. 11838, Aug. 19, 1964; CGFR 64-62, 29 F.R. 14853, Oct. 31, 1964; CGFR 64-76, 29 F.R. 16253, Dec. 4, 1964; CGFR 64-46, 30 F.R. 8519, July 3, 1965; CGFR 65-39 13441, Oct. 22, 1965]

§ 11-2.201-50 Construction contracts.

For construction contracts the invitations for bids shall contain the following, in addition to information required in § 1-2.201(a).

(a) In contracts including the clause Performance of Work by the Contractor as set forth in § 11-7.602-4, a notice that, unless he has submitted such description with his bid, the successful bidder must furnish the Contracting Officer within days after awarding a description of the work which he intends to perform with his own organization (e.g., earthwork, paving, brickwork or roofing), the percentage of the total work this represents and the estimated cost thereof.

-

§ 11-2.201-51 Ship repair, alteration or conversion contracts.

Invitations for bids for ship repair, alteration or conversion shall contain the following provisions:

(a) Bid evaluation will be based only on those items accepted at time of award.

(b) Ship repairer's legal liability inurance in the amount of $______ will be equired to insure the contractor against is liability as ship repairer for the work O be performed on under

(Name of vessel)

is invitation for bid. (c) As evidence of compliance with the surance requirements of the Liability nd Insurance clause (11-7.5001-4), the ontractor shall furnish the contracting fficer with a certificate or certificates xecuted by an officer or employee of the surer authorized to execute such cerficates. The certificate or certificates hall be furnished (1) upon award of ontract; (2) prior to commencing work nder the contract, or (3) prior to arrival f the vessel at the contractor's yard, or 4) as otherwise prescribed by the conracting officer. Each certificate shall et forth that has in

The

Liability and Insurance clause (117.5001-4) shall submit satisfactory evidence to permit the contracting officer to determine that the bidder's assets are sufficient for the risks set forth in paragraphs (b) and (c) of 11-7.5001-4. bidder shall submit with his bid two certified copies of documents listing his assets and liabilities and such other information as deemed necessary by the bidder or as required by the contracting officer. For approval of self-insurance under the State Workmen's Compensation law and, the United States Longshoremen's and Harbor Workers' Act, evidence of qualification as a self-insurer under the applicable compensation statute must be furnished to the contracting officer.

(e) Invitations covering dry docking or hauling out of vessels incident to repair work shall include an item for the cost of lay days.

[CGFR 64-46, 30 F.R. 8519, July 3, 1965; CGFR 65-39, 30 F.R. 13441, Oct. 22, 1965]

§ 11-2.203–3 Publicity in newspapers and trade journals.

(a) See Chapter 1 of this Title.

(b) Paid advertisements. Approval of the Commandant (FS-1) will be obtained prior to publication of any proposed procurement requiring payment for advertising from appropriate funds. § 11-2.204 Records of invitations for bids and records of bids.

In addition to the requirements of § 1-2.204 two copies of IFBs and proposed contract will be forwarded to Commandant (FS-1) at time of solicitation. Copies of IFBs for construction will include applicable plans and specifications. § 11-2.205-5 Release of bidders mailing lists.

Except as provided in § 1-2.205-5 the list of bidders provided with IFB or request proposals will not be released outside the Coast Guard. Upon written request, list may be released to other Government agencies upon the condition that lists will not be made available for inspection to anyone outside the Government.

Subpart 11-2.4-Opening of Bids

and Award of Contract

§ 11-2.402 Opening of bids.

The bid opening procedures set forth in § 1-2.402 shall apply only to unclassified bids. Classified bids shall be opened in accordance with § 11-2.402-50.

§ 11-2.402-50 Classified bids.

The policies and procedures for opening classified bids shall conform to that for unclassified bids except that:

(a) The bid opening shall not be accessible to the general public.

(b) Openings may be witnessed and the results recorded by those bidders' representatives who were invited to bid on the procurement, provided such representative has been cleared from a security standpoint.

(c) Examination of bids shall be allowed only to those persons authorized to attend the bid opening.

(d) No public record shall be made of bids or bid prices received.

§ 11-2.403 Recording of bids.

In addition to the requirements of § 1-2.403, a copy of each bid received and recorded will be retained to support the abstract of bids.

§ 11-2.406 Mistakes in bids.

Request for determinations to be made by the heads of executive agencies in accordance with § 1-2.406 will be forwarded to the Commandant (F) for review and action as necessary.

§ 11-2.407-7

Statement and certificate

of award. (a) Standard Form 1036 (Statement and Certificate of Award) will be prepared in accordance with § 1-2.407-7 for each Coast Guard contract. The original SF 1036 shall be forwarded with the original contract to the cognizant accounting office and a copy retained with the file copy of the contract at the contracting office.

§ 11-2.407-8 Protests against award.

(a) See Chapter 1 of this title. (b) Protests before award: (1) See Chapter 1 of this title.

(2) If the written protest is received within the required time, the Contracting Officer will investigate the matter and decide whether the protest is, in his opinion, valid. It is the responsibility of

the Contracting Officer in the first instance to decide, whenever possible, with the concurrence or advice of the local legal staff, if necessary, whether the protest has any valid basis and to take appropriate action on the protest. If his conclusion is affirmative, he will take necessary action to rectify the erroneous action. If his conclusion is negative or if he deems it desirable to obtain the views of higher authority, the Contracting Officer will make a written statement of his opinion in the matter supported by copies of all pertinent papers. Protests and statements will be submitted to the chief officer responsible for procurement for decision. The letter of transmittal should be forwarded via the most expeditious means and marked "Immediate Action-Protests Before Award." The letter of transmittal will include the following:

(i) Copy of IFB.

(ii) Copy of abstract of bids received. (iii) Copy of the low bid or copy of the bid of the successful bidder to whom award has been made or is proposed to be made.

(iv) Copy of bids submitted by protester, if any.

(v) Current status of award or contract, if award has been made, showing whether award action has been suspended or stop work order issued.

(vi) Contracting Officer's statement of facts and circumstances. The Contracting Officer will discuss the merits of the protest and support evaluation thereof by citations from appropriate sections of this title or other authority.

(vii) Contracting Officer's conclusion and recommendations will be included and will be based upon the material discussed in the report. All facts brought out in the report will be supported by documentary evidence and will be included with the file and referenced in the report.

(viii) The file will be assembled in an orderly fashion including an index of the enclosures. Enclosures will be tabbed in alphabetical sequence. Submission of protests to the chief officer responsible for procurement under this section may be dispensed with by the Contracting Officer if he is satisfied that the protest is without any reasonable degree of foundation or that it was made solely to obstruct and hinder the Contracting Officer or otherwise successful bidder. In such cases except as modi