|
|
GENERAL SERVICES ADMINISTRATION ACQUISITION MANUAL (GSAM)
514.201-6 Solicitation provisions.When you will consider all or none bids, insert the provision at 552.214-70, “All or None” Offers, in the solicitation. For requirements or indefinite quantity contracts, use Alternate I. Do not include this provision in solicitations when you require the bidder to submit bids on all items and will make only one award. |
514.201-7 Contract clauses.(a) Stock replenishment contracts. For some stock replenishment contracts, individual contractors may be unable to furnish the Government’s monthly requirements. You may determine that progressive awards will be more expedient. In such cases, insert a clause substantially the same as the clause at 552.214-71, Progressive Awards and Monthly Quantity Allocations, in the solicitation and contract. |
| (b) Examination of Records. (1) Insert 552.215-70, Examination of Records by GSA, in solicitations and contracts for supplies or services that exceed $100,000, and acquisitions of leasehold interests in real property that exceed the simplified lease acquisition threshold, that meet at least one of the following conditions: (i) Involve the use or disposition of Government-furnished property. (ii) Provide for advance payments, progress payments based on cost, or guaranteed loan. (iii) Contain a price warranty or price reduction clause. (iv) Include an economic price adjustment clause where the adjustment is not based solely on an established, third party index. (v) Are requirements, indefinite-quantity, or letter contracts as defined in FAR part 16. (vi) Contain the provision at FAR 52.223-4, Recovered Materials Certification. (2) You may modify the clause to define the specific area of audit (e.g., the use or disposition of Government-furnished property). Legal Counsel and the Assistant Inspector General-Auditing or Regional Inspector General-Auditing, as appropriate, must concur in any modifications to the clause. |
You may use GSA Form 1602, Notice Concerning Solicitation, to do any of the following:
(a) Describe the type of contract, the duration of the contract, and the type of supplies or services being procured.
(b) Direct the attention of prospective bidders to special requirements which, if overlooked, may result in rejection of the offer.
(c) Highlight significant changes from previous solicitations covering the same supplies or services.
(d) Include other special notices, as appropriate.
514.202 General rules for solicitation of bids.514.202-4 Bid samples.(a) Solicitation requirements. (1) When you require bid samples, require bidders to submit samples produced by the manufacturer whose products will be supplied under the contract. (2) The FAR limits use of bid samples to cases where you cannot describe some characteristics of a product adequately in the specification or purchase description. This usually applies to subjective characteristics. You may determine that you need to examine objective characteristics of bid samples to determine the responsiveness of a bid. Base your determination on past experience or other valid considerations. In the solicitation, separately list “Subjective Characteristics” and “Objective Characteristics.” (3) A sample provision appears at 552.214-72, Bid Sample Requirements. You may use this provision as shown or modify it to fit the circumstances of a procurement. |
| (b) Handling and disposition of samples. (1) Retain samples from accepted bids for the period of contract performance. If you have no outstanding claims regarding the contract, dispose of the samples at the end of the contract term following the bidder’s instructions. (2) If you anticipate a claim regarding the contract, retain the bid samples until the claim is resolved. (3) Retain samples from unsuccessful bids until you make award. After award, dispose of these samples following the bidder’s instructions. |
| (c) Using bid samples. Include the information required by FAR 14.202-4(e) in the solicitation. Provide the number, size, and full description of samples with instructions on how to submit bids. List the characteristics that you will examine. The list needs to include any aspect of the bid sample the acquisition team will examine to determine the product(s) acceptability. |
FSS must use the computerized central solicitation mailing list maintained by Region 7 for supplies and services for procurements expected to exceed the simplified acquisition threshold. Other GSA contracting activities may maintain local lists. Contracting activities that maintain local mailing lists must inform their enterprise development staff of the list and provide related information.
Before award, limit access to information concerning the Government cost estimate to Government personnel whose official duties require knowledge of the estimate. After award, you may reveal the total amount of the Government estimate upon request. Do not release the basis for calculating the estimate at any time.
The Commissioners of the Federal Supply Service, Public Building Service, and Federal Technology Service may establish procedures for contracting activities in their respective organizations. This includes authority to assign responsibility for centrally requesting, receiving, storing, verifying and updating offerors’ annual submissions.
(a) If you receive a telegraphic modification or withdrawal of a bid by telephone under the circumstances in FAR 14.303(a), record the identity of the telegraph office employee telephoning the message.
(b) The receipt required by FAR 14.303(b) for withdrawal of a bid in person should read:
I am a bona fide agent for or representative of (Bidder’s name and address) . I am authorized to withdraw the bid on IFB No. scheduled for opening on , and acknowledge receipt of the unopened bid.
Upon receiving a late bid, the bid custodian records it on the duplicate copy of the list of bidders. The bid custodian then immediately notifies the responsible contracting officer of the bid. You must arrange for pick-up or delivery of the bid.
Require each bidder to submit an original and at least one copy of its bid. This requirement does not apply to bids transmitted and received through an electronic commerce method authorized by the solicitation.
(a) You may designate the Regional BSC to receive and safeguard bids and modifications until the time specified for opening. Handle bids as follows:
(1) Authorized personnel mark the envelope (or other covering) of each package identified as a bid or modification with a time-stamp or the place, date, and time of receipt. They then deliver the bid by special handling to the bid custodian.
(2) Deposit hand-carried bids into the designated locked bid box, safe, or secured, restricted-access electronic bid box. At least once daily and immediately preceding the time scheduled for bid opening, the bid custodian removes and time stamps the bids. If a bidder hands a bid to the bid custodian or other GSA employee, the custodian or employee time stamps the bid immediately.
(3) When the solicitation authorizes telegraphic or facsimile bids and modifications, the bid custodian seals each in an envelope immediately upon receipt. The custodian labels the envelope with appropriate identification.
(4) For each invitation, the bid custodian prepares a bidders’ list using GSA Form 1378, Record of, and Receipt for, Bids and Responses, or the appropriate bid abstract form. The list includes the name and address of all responses, including any bid modifications, received before bid opening time. The list also indicates withdrawn bids.
(5) The bid custodian records each bid and modification delivered before bid opening on the bidders’ list on the day of receipt. The custodian stores bids and modifications in a suitable secured cabinet.
(b) At the scheduled bid opening time, the bid custodian delivers all bids received in response to the invitation, with the original and one copy of the bidders’ list, to the bid opening official or designee. The bid opening official or designee acknowledges receipt of the bids by signing the copy of the form and returning it to the bid custodian. The original list becomes part of the contract file.
(c) When a BSC is designated to receive bids, the BSC Director may designate an individual(s) working at a PBS Field Office as a bid custodian, provided all the following conditions are met:
(1) The Field Office has adequate space and facilities.
(2) The individual(s) designated as a bid custodian has been trained.
(3) The Field Office has a Small Business Technical Advisor.
(4) The bid custodian(s) must submit monthly reports to the BSC Director. The BSC Director forwards these reports to the Office of Enterprise Development (E).
(a) Location of bid openings. Public bid openings take place in the BSC if the bid custodian is in the BSC. If the bid opening occurs elsewhere, inform your BSC. Give the BSC the invitation number and the location of the bid opening.
(b) Bid opening officer.
(1) You may appoint a qualified employee of the contracting office as assistant bid opening officer as provided in FAR 14.402-1(b).
(2) The distance between the BSC and the contracting office may make it impracticable for you to conduct bid opening. In this case, you may request the HCA and the Associate Administrator for Enterprise Development (E) in Central Office, or the BSC Director in the Region, to authorize a qualified BSC employee to open, read, and record bids.
(c) Bid openings are open to business representatives, members of the press, and the general public.
(d) Preferred practices for conducting bid openings.
(1) To ensure that bid opening occurs at the exact time specified, verify the accuracy of the timepiece to be used.
(2) For the information of bidders present, provide an audible announcement approximately one-minute prior to bid opening.
(3) Announce audibly when the exact time of opening arrives. In the announcement, identify the invitation(s) scheduled for opening.
(4) For construction contracts that provide for bid alternates, announce the amount of funds available for the award before opening bids.
(5) Open the bids in full view of the parties present.
(6) When practicable and feasible, announce the following information from each bid: the bidder’s name, item and unit price bid, and other pertinent information, such as delivery and discount terms.
(7) For bids submitted in multiple copies, one copy remains in the bid opening room for public examination until the bid abstract is substituted. The contracting activity uses the original. For bids submitted in original only, see FAR 14.402-1(c). The contracting activity retains all supplemental financial forms or other information submitted with a bid. Do not provide supplemental information for public examination.
(8) Forward any negotiable instruments submitted as bid guarantees to the Finance Division following procedures established by the Chief Financial Officer. After award, cancellation of the solicitation, or rejection of all bids, direct the Finance Division to refund the amount of the bid guarantee to unsuccessful bidders. You may authorize return of a bid guarantee before award when requested by a bidder who is not in contention for the award. Retain other forms of bid guarantees (e.g., bid bonds, letters of credit, corporate and individual sureties, etc.) in the contract file.
(9) Prepare a record of the opening for the contract file. Include the names of persons attending the bid opening and the firms or organizations they represent.
(10) Verify the entries on all copies of a bid. Resolve any suspected mistake(s) following the procedures in FAR 14.407.
(11) Retain the envelopes in which bids and bid modifications are received until all awards are made. After award, retain those with notations concerning abnormal receipt or opening for identification in the solicitation file. You may destroy the remainder.
(a) As soon as practicable, make a copy of the abstract of bids and any amendments available for public examination at the location of the bid opening. Make the abstract available for public examination for at least 30 calendar days. Include late bids determined eligible for consideration on the bid abstract or, if necessary, in an amendment.
(b) In abstracts for aggregate awards, record: unit prices, weight factors, totals for each aggregate group, and any other information required for bid evaluation.
(c) For building services, contracting activities in PBS may use GSA Form 3471, Abstract of Offers, instead of the Standard Form 1409, Abstract of Offers.
The HCA, or designee, makes any determinations required by FAR 14.404-1.
(a) You may use the “Remarks” Item on GSA Form 1535, Recommendation for Award(s), or other appropriate documentation to record findings with respect to rejected bids.
(b) Document any bid rejected for nonresponsiveness, nonresponsibility, ineligibility, or because the bid after evaluation is no longer low. Examples of bids which may no longer be low after evaluation include aggregate bids, “all or none” bids, bids evaluated for freight costs, and bids evaluated using Buy American differentials.
(c) For sensitive or controversial bid rejections, include all supporting documentation to justify awards. This includes copies of the bid to be rejected and the proposed awardee, statements from or records of conversations with the requisitioning activity, plant facilities and financial responsibility reports, and other relevant correspondence or reports (Certificates of Competency, copies of Congressional correspondence or other high level interest, etc.).
514.407 Mistakes in bids.514.407-3 Other mistakes disclosed before award.(a) Delegation of authority by head of the agency. Under FAR 14.407-3(e), contracting directors (see 502.101) are authorized, without power of redelegation, to make: (1) The determinations regarding corrections and withdrawals under FAR 14.407-3(a), (b), and (c). (2) The corollary determinations not to permit withdrawal or correction under FAR 14.407-3(d). (b) Legal review and approval. Assigned counsel must approve determinations by the contracting director and contracting officer regarding mistakes in bid. |
514.407-4 Mistakes after award.The contracting director and assigned counsel review and approve your determinations under FAR 14.407-4(b) and (c). |
To determine the status of bidders (small/large/labor surplus area) in a tie-bid situation, use the bidders’ status as of the date they signed their bids.
Avoid any action which might prejudice the freedom of the higher authority to act on any case referred for review. This includes partial awards to the same bidder under the same solicitation.
Contracting activities may use GSA Form l535, Recommendation for Award(s), and GSA Form l535-A, Recommendation for Award(s), Continuation Sheet, to document proposed awards. One or more awards may be set forth on each form. Contracting activities have the discretion to use other means of documentation that meet their needs for information to support an award recommendation.
You may use GSA Form 3577, Notice to Unsuccessful Offeror of Contract Award, to notify unsuccessful bidders other than either of the following:
(a) Any apparent low bidders not selected for award.
(b) Unsuccessful bidders from designated countries for acquisitions subject to the Trade Agreements Act or North American Free Trade Agreement Implementation Act (NAFTA) Implementation Act.
Before award, disclose inspection or test data only to Government officials that require the information for bid evaluation. This applies whether the data was prepared by the Government or an outside inspection or testing agency. For requests received after award, see FAR 24.2.
(a) You must consider all bids received from a person, firm, or its affiliates for award if responsive and otherwise acceptable.
(b) You may accept a bid offering two or more products for the same item if it is the lowest cost responsible and responsive bid.
|
|