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less, and in unusual circumstances a period of 60 days may be specified.
(16) In unusual cases, where bidders are required to have special technical qualifications due to the complexity of the equipment being purchased or for some other special reason, a statement of such qualifications.
(17) Any authorized special provisions, necessary for the particular procurement, relating to such matters as progress payments, patent licenses, liquidated damages, "Buy American Act," etc.
(18) Any additional contract clauses, provisions, or conditions required by law or this chapter.
(19) Any applicable wage determinations of the Secretary of Labor (in the case of procurements of supplies which also involve the performance of construction, alteration or repair work, see § 1812.402; in the case of service contracts, see Subpart 18–12.11).
(20) A statement of the exact basis upon which bids will be evaluated and award made, to include any Government costs or expenditures (other than bid prices) to be added or deducted, or any provision for escalation as factors for evaluation.
(21) If the schedule contains a price escalation clause, the following provision:
Evaluation of bids subject to escalation. Not withstanding the provisions of the clause entitled "Price Escalation," bids shall be evaluated on the basis of quoted prices without the allowable escalation being added. Bids which provide for a ceiling lower than that stipulated in the clause will also be evaluated on this basis. Bids which provide for escalation that may exceed the maximum escalation stipulated in the clause, or which limit or delete the downward escalation stipulated in the clause shall be rejected as nonresponsive. (July 1968)
(22) Where Standard Form 33 (Solicitation, Offer, and Award) is not used and where not contained elsewhere in the invitation, a provision as follows:
ORDER OF PRECEDENCE (JULY 1968)
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: (a) The Schedule; (b) Bidding Instructions, Terms and Conditions of the Invitation for Bids; (c) General Provisions; (d) other provisions of the contract, whether incorporated by reference or otherwise; and (e) the Specifications.
(23) When considered necessary by the contracting officer to prevent prac
tices prejudicial to fair and open petition, such as improper kinds o tiple bidding, a requirement that bidder submit with his bid an af concerning his affiliation with othe cerns. To accomplish the forego paragraph substantially as follow: be included in the Schedule or oth propriate place in the invitation for
AFFILIATED BIDDERS (JULY 1968)
(a) Business concerns are affiliates o other when either directly or indirect one concern controls or has the po control the other, or (ii) a third part trols or has the power to control both.
(b) Each bidder shall submit wit bid an affidavit containing informati follows:
(i) Whether the bidder has any affi (ii) The names and addresses of all ates of the bidder; and
(iii) The names and addresses of al sons and concerns exercising contr ownership of the bidder and any or all affiliates, and whether as common of directors, stockholders holding contr interest, or otherwise.
Failure to furnish such an affidavit ma sult in rejection of the bid. Failure to furnish such an affidavit be treated as a minor informality o regularity (see § 18-2.405).
(24) Directions for obtaining copi any documents, such as plans, draw and specifications, which have been corporated by reference (see 1.1203).
(25) Where Standard Form 33 (S itation, Offer, and Award) is not u a requirement for inclusion of "cour as part of bidder's address will inserted.
(26) A provision covering the requ source for jeweled bearings (see S 1.315).
(28) Information regarding bidd material which shall include Instr tions to Bidders, the Bid Form, the C tract Form, the General Provisions, conditions, the specifications and dr ings (see § 18-1.1203).
(29) Where Standard Form 33 (So itation, Offer, and Award) is not use provision covering parent company employer identification number § 18-1.114).
(30) If the contract is to be con tioned on the availability of funds clear statement of such condition ( § 18-1.318).
(32) In accordance with § 18-1.1208, a provision concerning the use of new material (except in the case of construction) and a provision concerning the use of former Government surplus property.
(33) The Certificate of Independent Price Determination as required by § 181.115.
(34) Quality assurance requirements applicable to the procurement in accordance with Subpart 18-1.50.
(36) A statement that prospective bidders may submit inquiries by writing or calling (collect calls not accepted) (insert name and address; telephone area code, number, and extension).
(37) When using Standard Form 33, on the face thereof or on a cover sheet, a brief description of the items being procured, unless the contracting officer considers such to be unnecessary or impractical.
(38) A statement that prospective bidders should indicate in the bid the address to which payment should be mailed, if such address is different from that shown for the bidder. (Contracting officers shall include this information in all resultant contracts which are to be administered by a Defense Contract Administration Services Regional Office.)
(39) A provision covering the required source for aluminum (see § 18-1.327). (40) [Reserved]
(41) Time of delivery or performance requirements (see § 18-1.305).
(42) A statement that the "Contract Work Hours Standards Act-Overtime Compensation" clause is not applicable to contracts if the aggregate amount of the bid is $2,500 or less (see § 18-12.302-2).
(44) In procurements involving total set-asides for small business, the notice set forth in § 18-1.706-5(c).
(45) In procurements involving partial set-asides for small business, the notice requirements as set forth in § 18-1.706-6(c).
(46) In procurements involving partial set-asides for labor surplus area concerns, the notice requirements as set forth in § 18-1.804-2(b).
(47) When the procurement involves a set-aside for small business concerns, the following provision:
(48) When the procurement involves a set-aside for labor surplus area concerns, the following provision:
This is a
percent set-aside for labor surplus area concerns.
(49) If the resulting contract is expected to exceed $100,000, the "Contractor and Subcontractor Certified Cost or Pricing Data" clause (see § 18-3.807-4).
(50) Statement that the selected contractor will or will not require access to classified information (see NASA Management Issuance 1650.1, paragraph 12).
(51) Statement that special instructions for waived inventions will not be applied (see § 18-9.101–3(a)).
(52) If leases are involved, the "Facilities Nondiscrimination" clause set forth in §§ 18-1.350-2 and 18-1.350-4.
(53) If the "Equal Employment" clause is not applicable to the proposed procurement (see § 18-12.803), or if the proposed procurement is exempted from the clause (see § 18-12.804), include a statement substantially as follows:
Representation No. 6, “Equal Opportunity” of Standard Form 33 is not applicable to this Procurement. (July 1965)
(54) A reference prominently placed in the invitation to paragraph 8 entitled, "Late Offers and Modifications or With-drawals", of Standard Form 33A.
(55) The "Certification of Nonsegregated Facilities" set forth in § 18-12.802-4(c).
(56) The notice regarding the requirement for "Certification of Nonsegregated Facilities" as prescribed in § 18-12.802-4(b).
(57) Where Standard Form 33 (Solicitation, Offer, and Award) or Standard Form 19-B (Representations and Certifications) (Construction Contract) is not used, insert the "Equal Opportunity" representation set forth in
(58) Invitations for Bid which will result in the placement of rated orders or Authorized Controlled Material Orders shall contain the following statement:
Contracts or purchase orders to be awarded as a result of this solicitation shall be assigned a (DX or DO as appropriate) rating or DMS allotment number (as appropriate) in accordance with the provisions of BDC Regulation 2 and/or DMS Regulation 1.
(b) Supply and service contracts, excluding construction. For supply and service contracts, excluding construction, invitation for bids shall contain the fol
lowing in addition to the information required by paragraph (a) of this section, if applicable to the procurement involved.
(1) Discount provisions (see § 182.407-3).
(2) The quantity of supplies or services to be supplied under each item, and any provision for extent of quantity variation.
(3) Any requirement for prior testing and qualification of a product.
(4) Where needed for the purpose of bid evaluation, preaward surveys, or inspection, a requirement that all 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 contracts, or where the Government requires the information, bidders will be required to state (i) the full address of principal producing facilities (if designation of such address is not feasible, a full explanation will be required), and (ii) names and addresses of owner and operator if other than bidder.
(5) Place and method of delivery (see Subpart 18-1.13 and § 18-2.202-3).
(6) Preservation, packaging, packing, and marking requirements, if any (see § 18-1.1204).
(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 contract is to include option provisions, a clear statement of such provisions (see Subpart 18-1.15 and § 18-12.1106-2).
(11) Any applicable requirements for samples or descriptive literature (see §§ 18-2.202-4 and 18-2.202-5).
(12) When minimum size of shipment requirements are appropriate, a provision substantially as set forth in § 182.202-3 (b) (2).
(13) 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 set forth in § 18-2.2023(b) (3).
(14) If the procurement includes the furnishing of electrosensitive initiating devices (squibs) or any other item or
component designated in the p ment request as a potentially haz item, the requirements set fo § 18-1.351.
(15) The number of copies of invoices desired, including origi more or less than four.
(16) Any requirement for prep tion samples or tests, including a ment that the Government reserv right to waive the requirement those bidders offering a product has been previously procured or by the Government, and a stat that bidders offering such product wish to rely on such prior procur or tests, must furnish with the b formation from which it may be c established that prior Governmen proval is presently appropriate fo pending procurement.
(17) In accordance with § 18-1 a provision concerning the use of material.
(19) When the contracting office termines that it is necessary to con the advantages or disadvantages t Government that might result making more than one award (mu awards) (see § 18-2.407-5(c)), a p sion substantially as follows:
EVALUATION OF BIDS (JULY 1965)
In addition to other factors, bids wi evaluated on the basis of advantages or advantages to the Government that m result from making more than one a (multiple awards). For the purpose of ing this evaluation, it will be assumed the sum of $50 would be the administra cost to the Government for issuing and ministering each contract awarded u this invitation, and individual awards be for the items and combination of it which result in the lowest aggregate to the Government, including such admi trative costs.
(20) If the contract involves perfor ance of services on a Government ins lation, the following provision.
SITE VISIT (JULY 1968)
Bidders are urged and expected to insp the site where services are to be perform and to satisfy themselves as to all gen and local conditions that may affect the of performance of the contract, to the ext such information is reasonably obtaina In no event will a failure to inspect the s constitute grounds for withdrawal of a after opening or for a claim after award the contract.
(21) To insure timely distribution of Material Inspection and Receiving Reports (DD Form 250), include distribution instructions in the Schedule or as an attachment to the contract (see appendix I).
(22) Where liquidated damages are to be assessed, insert the clause as prescribed by § 18-7.105-5 (see § 18-1.310).
(23) In the procurement of supplies where the award may amount to $1 million or more, include the provision relating to preaward Equal Opportunity Compliance reviews set forth in § 1812.802-4(d).
[36 F.R. 21469, Nov. 10, 1971, as amended at 36 F.R. 25107, Dec. 29, 1971]
§ 18-2.201-2 Construction contracts.
In addition to the information required by § 18-2.201-1(a), invitation for bids for construction contracts shall contain the following, if applicable to the procurement involved.
(a) Statement of arrangements to be made for inspecting the site, including designation of the person or persons, if any, with whom such arrangements may be made and who will answer questions or furnish information.
(b) Information which may affect performance of the work such as boring samples, original boring logs, etc.
(c) Information as to what utilities the Government will furnish during construction, when the contracting officer determines that any utilities are adequate for the needs of both the Government and the contractor. Such information shall specify any special conditions of use to be imposed on the contractor and shall also specify any utilities to be furnished without charge; utilities shall be furnished without charge when the contracting officer determines that this is advantageous to the Government, as when the administrative costs incident to maintaining records and collecting payments will approximate the cost of the utility services to be furnished. Such information may also include any applicable rates to be imposed.
(d) Information concerning prebid conference.
(e) If it is necessary to advertise before receipt of a wage rate determination, a notice that the schedule of minimum wage rates to be paid under the contract will be published as an amendment to the invitation for bids.
(f) A provision substantially as follows:
MODIFICATIONS PRIOR TO DATE SET FOR OPEN
ING BIDS (JULY 1965)
The right is reserved, as the interest of the Government may require, to revise or amend the specifications or drawings or both prior to the date set for opening bids. Such revisions and amendments, if any, will be announced by an amendment or amendments to this Invitation for Bids. If the revisions and amendments are of a nature which requires material changes in quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the issuing officer will enable bidders to revise their bids. The amendment will include an announcement of the new date for opening bids.
(g) A provision substantially as follows:
GOVERNMENT'S PRIVILEGE IN MAKING AWARDS (JULY 1965)
The Government reserves the right to make award of any or all Schedules of any bid, unless the bidder qualifies such bid by specific limitation; also to make award to the bidder whose aggregate bid on any combination of bid Schedules is low. For the purpose of this Invitation for Bids, the word "item" as used in paragraph 10(c) of Standard Form 22 shall be considered to mean "Schedule."
(h) A reference prominently placed in the invitation to Instruction 7, "Late Bids and Modifications or Withdrawals," of Standard Form 22.
(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 preinvitation no
tices, 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 subcontractors, 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 stocks on 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 services and not less than 30 calendar days when procuring other than standard commercial articles or services. This rule need not be observed in special circumstances, or where the urgency for the supplies or services does not permit such delay.
§ 18–2.202–2 Telegraphic bids.
As a general rule, telegraphic bids will not be authorized. However, when in the judgment of the contracting officer the date for the receipt of bids will not allow bidders sufficient time to prepare and submit bids on the prescribed forms, or when prices are subject to frequent changes, telegraphic bids may be authorized. When such bids are authorized, the schedule of the invitation for bids will contain the following provision:
TELEGRAPHIC BIDS (JULY, 1965) Telegraphic bids may be submitted in response to this Invitation for Bids. Telegraphic bids must be received in this office prior to the time specified for opening of bids. Such bids must specifically refer to this Invitation for Bids; must include the item or subitems, quantities and unit prices for which the bid is submitted and the time and place of delivery; and must contain all the representations and other information required by the Invitation for Bids together with a statement that the bidder agrees to all the terms, conditions and provisions of the invitation. Failure to furnish, in the telegraphic bid, the representations and information required by the Invitation for Bids may necessitate rejection of the bid. Signed copies of the Invitation for Bids must be furnished in confirmation of the telegraphic bids.
§ 18-2.202-3 Place and method livery of supplies.
(a) Invitations for bids solicite origin shall state that bids evaluated on the basis of bid pri transportation cost to the Gover from point of origin to one or mo ignated destinations. Invitation bids solicited f.o.b. destination : inform prospective suppliers 01 known lack of transportation fac at destination or other factors may affect the supplier's transpor costs.
(b) Invitations for bids solicited origin or destination shall inclu much of the following information pertinent to the particular procure and shall require bidders to furnis Government such of the following i mation as may be appropriate:
(1) Method of shipment, such as water, air, or truck.
(2) When minimum size of ship. requirements are appropriate, a p sion substantially as follows:
MINIMUM SIZE OF SHIPMENT (JULY 1
The Government desires that the r mum size of shipments be carload or ti load lots. If the bidder is unable to te delivery in carload or truckload lots, he set forth below the minimum size of ments he will tender for delivery:
Minimum size of shipments
[to be completed by meats]
If the bidder does not indicate other he must tender delivery in carload or tr load lots. Bids will be evaluated to take account the transportation costs to the ernment. If delivery is tendered in sma quantities than set forth above, the cont price shall be reduced by the difference tween the actual cost of transportation the cost the Government would incurred had the minimum size of shipm been complied with.
(3) If shipping weights (and dim sions, if applicable) of items to be p cured are not shown in the solicitat and may vary among prospective su pliers with a resultant variation in tra portation costs and such costs are ma a factor in bid evaluation, a provisi substantially as follows:
GUARANTEED MAXIMUM SHIPPING WEIGE (AND DIMENSIONS IF APPLICABLE) (JULY 196
Each bid will be evaluated to the desti tion specified by adding to the f.o.b. orig price all transportation costs to said destin tion. The guaranteed maximum shippi weights (and dimensions if applicable) required for determination of transportati