Page images
PDF
EPUB

and (iii) are not modified, may be incorporated by reference to the ASPR paragraph number, clause title and date. No other contract clauses shall be incorporated by reference but they shall be set forth in full in the solicitation.

(c) Award of contracts shall be accomplished by completing the Award portion of Standard Form 33 and furnishing a copy of the form, so completed, to each successful offeror. Alternatively, such award may be accomplished by completing the Award portion of Standard Form 26 and furnishing it to each successful offeror. Papers previously forwarded to offerors need not accompany the offeror's copy of the Award document. The required use of the Award portion of Standard Form 33 or Standard Form 26 does not preclude the additional use of informal documents, including telegrams, as notices of awards.

(d) Continuation Sheet (Standard Form 36) shall be used when additional space is required for Schedule, Amendment/Modification, or Award; however, where the columns thereon are not required, a blank sheet may be used. The appropriate Procurement Instrument Identification number (see Section XX, Part 2) and page number shall be shown on all continuation sheets.

16–102 Forms for Negotiated Supply or Services Contracts (Standard Forms 18, 26, 30, 32*, 33, 33A* and 36; DD Forms 1665, 1706 and 1707.)

* For ASPR clause substitutions on Standard Form 32, Nov. 1969 edition, and Standard Form 33A, Mar. 1969 edition, see 16-101.

16–102.1 Request for Quotation (Standard Form 18) and Information to Quoters (DD Form 1706).

(a) General. Standard Form 18 is authorized and DD Form 1706 is prescribed for obtaining price, cost, delivery, and related information from suppliers. DD Form 1706, which is printed on pink paper, may be reproduced locally, unless such action is precluded by Departmental direction.

(b) Conditions for Use.

(1) Procurements in Excess of $10,000. Standard Form 18 is authorized and DD Form 1706 is prescribed for use in negotiated procurements in excess of $10,000 when it appears reasonably certain that the procurement will be consummated by (i) a fixed-price contract involving negotiation or (ii) a cost-reimbursment contract. Continuation Sheet (Standard Form 36) may be used as required. One copy of DD Form 1706, Information to Quoters, and two copies of Standard Form 18 shall be sent to each prospective supplier and he shall be requested to return one signed copy of his quotation.

(2) Procurements Not in Excess of $10,000. Standard Form 18 may be used for simplified purchases made in accordance with Section III, Part 6, when written solicitations (other than by telegram) of quotations are required. (See 3-608.2(c)(1) for use of DD Form 1155 as a request for quotations.) Two copies of Standard Form 18 shall be sent to each prospective supplier and he shall be requested to return only one signed copy. A quotation submitted on this form or on DD Form 1155 is not to be construed as an offer which can be accepted by the Government to form a binding contract. Therefore, issuance by the Government of a purchase order pursuant to a supplier's quotation does not constitute a contract, but the purchase order is an offer by the Government to the supplier to buy certain goods or services upon specified terms and conditions. DD Form 1706 shall not be used for procurements not in excess of $10,000.

16–102.2 Award/Contract (Standard Form 26).

(a) General. Standard Form 26 is designed for use primarily when entering into contracts resulting from negotiation where the signature of both parties on a single document is appropriate. (See also 16–102.3 for use of this form as an award pursuant to receipt of a firm offer on Solicitation, Offer, and Award (Standard Form 33) and 3-410.2(a) for use of this form to place orders against basic ordering agreements.)

(b) Conditions for Use. This form, in conjunction with appropriate General Provisions as provided in (c) and (d) below, is prescribed for use in negotiated contracts except:

(i) contracts for which Solicitation, Offer, and Award (Standard Form

33) is used in accordance with 16–102.3; (ii) contracts for the construction, alteration, or repair of buildings,

bridges, roads or other kinds of real property; (iii) procurements for which special contract forms are prescribed by

ASPR (for example, 16-503, 16-504 and 16-505); and (iv) procurements for which purchase order and related forms are

authorized by Part 3 of this Section. (c) Negotiated Supply and Services Contracts.

(1) Except as provided in (b) above, Award/Contract (Standard Form 26) shall be used with Standard Form 32 (General Provisions (Supply Contract)) (see 16–205) or with required nonpersonal services clauses, and any other forms containing contract provisions which are prescribed by ASPR or Departmental procedures, for entering into negotiated fixed-price contracts to which Section VII, Part 1, is applicable.

(2) Except as provided in (b) above, Award/Contract (Standard Form 26) shall be used with other forms containing contract provisions which are prescribed by ASPR or Departmental procedures for entering into negotiated cost reimbursement type contracts to which Section VII, Part 2, is applicable.

(d) Special Negotiated Contracts. Award/Contract (Standard Form 26) may be used for special procurements where clauses other than those on Standard Form 32 have been authorized. For example, cost-reimbursement research and development contracts with clauses prescribed by Section VII, Part 4; contracts for stevedoring services; time and materials contracts; personal and professional services contracts; and contracts for instruction of military personnel at educational institutions.

(e) Corporate Certificate. Where a corporate certificate is considered necessary or desirable, it may be executed on a typed sheet, identified by Procurement Instrument Identification (contract) number, and attached to Award/Contract (Standard Form 26).

(f) Schedule and Continuation Sheet. Standard Form 36 (Continuation Sheet) shall be used for the Schedule and Continuation Sheets (see 16-101.2(d)).

(8) Effective Date. The effective date shown on the Award/Contract (Standard Form 26) is the date agreed to by the contracting parties as the date on which the terms and conditions of the contract take effect. This date may be different from the signature dates and is used for such purposes as establishing a base time from which delivery schedules may be established (see 1-305.3(a)(ii)). The effective date does not necessarily determine the fund obligation date which normally is the date when a mutually binding agreement is reached (see 21-130). If referred to in the contract Schedule, the effective date shall always be identified as the “effective date” and should not be later than any performance or delivery dates set forth in the Schedule. The effective date should be filled in prior to forwarding for contractor signature.

16–102.3 Solicitation, Offer, and Award (Standard Form 33).

(a) General. Except for procurement of subsistence, and for procurement outside the United States, its possessions, and Puerto Rico (see 16–102.4), the following forms are prescribed for use under the conditions set forth in (b) below in effecting negotiated fixed-price procurement of supplies or nonpersonal services:

(i) Solicitation, Offer, and Award (Standard Form 33), its reverse side

(Representations, Certifications, and Acknowledgements), and In

formation to Offerors (DD Form 1707); (ii) Solicitation Instructions and Conditions (Standard Form 33A)*; (iii) General Provisions (Supply Contract) (Standard Form 32)* (only

when procuring supplies); (iv) any other forms containing contract provisions which are prescribed

by ASPR or Departmental procedures;
(v) Continuation Sheet (see 16-101.2(d));
(vi) Amendment of Solicitation/Modification of Contract (Standard

Form 30) when needed (see 16–103); and
(vii) Award/Contract (Standard Form 26) when needed.

Footnote for subparagraphs (ii) and (ii) above.

* For ASPR clause substitutions on Standard Form 32, Nov. 1969 edition, and Standard Form 33A, Mar. 1969 edition, see 16-101.

(b) Conditions for Use.

(1) The above forms (together with authorized contract provisions) shall be used in connection with the negotiation of fixed-price contracts for supplies or nonpersonal services when it appears desirable to commence negotiations by soliciting written offers which, if ihere is written acceptance by the Government, would create a binding contract without further action. Standard Form 33A and DD Form 1707 shall be used as set forth in 16-101.2(a). Prospective offerors shall be requested to return not more than two signed copies of their offers.

(2) When offers have been submitted on Solicitation, Offer, and Award (Standard Form 33) and it is in the interest of the Government and is in accordance with 3–805.1(a)(v) to accept a prospective contractor's offer without further negotiation, price and other factors considered, award may be made by use of the Award portion of Standard Form 33. In such instances, the contract will consist of the appropriate documents listed in (a) above. Alternatively, award may be made by use of the Award portion of Standard Form 26 (see 16–102.2).

(3) When an offer submitted by a prospective contractor leads to further negotiation, the resulting contract shall be prepared as a bilateral contract document on Award/Contract (Standard Form 26) in accordance with 16-102.2 ex

cept that:

(i) if the circumstances are such that the prospective contractor can

amend his offer in writing to reflect any necessary changes, the amended offer may be accepted by use of the Award portion of Solicitation, Offer, and Award (Standard Form 33) or the Award por

tion of Award/Contract (Standard Form 26); or (ii) if all the terms and conditions agreed to as a result of such further

negotiation are specifically and clearly set forth in identifiable writings but such writings are unsuitable or too voluminous to permit acceptance of the amended offer by use of the Award portion of either Standard Form 33 or 26 and if the circumstances of the procurement require prompt acceptance of the amended offer, such modified offer may be accepted by the issuance of a notice of award

in substantially the format set forth below. In cases of (i) above, the use of the Award portion of Standard Form 33 or 26 does not preclude the additional use of informal documents, including telegrams, as notices of award. In cases within (ii) above, all of the terms and conditions of the contract thereby created shall be, without change or modification, promptly consolidated into a bilateral contract document using Award/Contract (Standard Form 26).

NAME AND ADDRESS OF PURCHASING OFFICE

DATE:.
NAME AND ADDRESS OF CONTRACTOR

CONTRACT No.
Gentlemen:
Your offer dated
(in response to Solicitation No.

dated .......

..) as amended by (list and identify all documents or portions thereof, such as letters, telegrams, and printed matter, from the prospective contractor and the Government, which together set forth the terms and conditions of the contract) for the furnishing of

at a total price of $................. is accepted and award is hereby made.

A contract in the usual form, dated and numbered as set forth above, incorporating all the terms and conditions of the contract hereby created is buing prepared and will be forwarded to you in the near future. This contract is authorized by and has been negotiated pursuant to 10 U.S.C. 2304(a) ( ).

UNITED STATES OF AMERICA
By:....

(Name) Contracting Officer

(4) Standard Forms 32 and 33A, if applicable, and any other general provisions may be attached to each copy of the Solicitation, Offer, and Award (Standard Form 33). Alternatively, Standard Forms 32 and 33A may be incorporated by reference to the form number, name, and edition date; also, additional general provisions (contract clauses) that (i) are prescribed in Part 1 of Section VII and (ii) do not contain blanks to be filled in, may be incorporated by reference to the ASPR paragraph number, clause title and date. No other contract clauses shall be incorporated by reference but they shall be set forth in full in the solicitation.

(5) When a cost breakdown is required in connection with an offer, the appropriate form of the DD Form 633 series shall be used to the extent provided in 16-206.

(6) This paragraph does not preclude the use of the purchase order forms prescribed in Section XVI, Part 3.

(7) When it is necessary to issue an amendment to a solicitation for offers, Standard Form 30 shall be used.

16–102.4 Solicitation, Offer, and Award (Overseas) (DD Form 1665).

(a) General. The following forms are prescribed for use outside the United States, its possessions and Puerto Rico in effecting negotiated fixed-price procurement of supplies or services:

(i) Solicitation, Offer, and Award (Overseas) (DD Form 1665), sub

stituting the Late Technical Proposals provision in 7-2002.3 or the

Late Proposals provision in 7–2002.4 for paragraphs 7 and 8; (ii) for purchasing offices in the North Atlantic-Mediterranean area, in

cluding all of Europe, contract clause forms issued by USEUCOM (see 1-104(b)); for overseas purchasing offices not under USEUCOM, any other forms containing contract provisions which are

prescribed by ASPR or Departmental procedures; (iii) Continuation Sheet (Standard Form 36) (see 16-101.2(d)); and (iv) Amendment of Solicitation/Modification of Contract (Standard

Form 30) when needed (see 16–103). (b) Conditions for Use. The conditions for use of DD Form 1665 are the same as for Standard Form 33 (see 16–102.3(b)).

(c) Optional Use of Uniform Contract Format. The Uniform Contract Format (see 3-501(b)(1)) may be used with the DD Form 1665.

16–103 Amendment of Solicitation/Modification of Contract (Standard Form 30).

(a) General. This paragraph prescribes a single form for (i) amendment of solicitations (whether advertised or negotiated), and (ii). modification of contracts including purchase and delivery orders entered into on DD Form 1155 (see 3-608.4).) Use of this form is optional for amendment of solicitation for the procurement of construction. (b) Conditions for Use. This form shall be used for:

(i) any amendment to a solicitation;
(ii) any change order issued pursuant to the Changes clause of a con-

tract;
(iii) any other unilateral contract modification (see 1-201.2), including

notices of termination (see 16–701), issued pursuant to a contract provision authorizing such modification without the consent of the

contractor; (iv) administrative changes such as the correction of typographical

mistakes, changes in the paying office and changes in accounting and

appropriation data;
(v) supplemental agreements as defined in 1-201.18; and

« PreviousContinue »