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<br />
<br />....
<br />(e) Notwithstanding (a), (b), and (c), oC Luil proVlllon, a late
<br />modification of an otherwise successful proposal which makes its tenns
<br />more favorable to the Government will be considered at any time it is
<br />received and may be accepted.
<br />(f) Proposals may be withdrawn by written or telegraphic notice
<br />received at ~y time prior to award. ~s may be withdrawn in
<br />penon by an offeror or his authorized representative, provided hi.
<br />identity is made known and he .igns a receipt for the proposal prior
<br />to award.
<br />No..: The term "telegram" inclucl.. maiI_.
<br />Note: The altern... I... propoula, modi6cation. of r.ropooaIJ and
<br />withdrawal. or propota!. provUion pretCribed by +1 cn -3.802-2 (b)
<br />.hall be wed in lieu of provition 8, if JpeCi6ed by the contracL
<br />9. DISCOUNTS.
<br /><a) Notwith.tanding the fact that a blank is provided ror a ten (10)
<br />day discount, prompt payment discounts offered for payment within
<br />less than twenty (20) calendar daY' will not be conJidered in evalu.
<br />ating offen for award, unlesa otherwise specified in the .olicitation.
<br />However, offered discounts of leu than 20 days wilt be taken if pay.
<br />ment is made within the discount period, even though not considered
<br />in the evaluation of offen.
<br />(b) In connection with any discount offered, time will be ~olDputed
<br />from date of delivery of the supplies to carrier when delivery and
<br />acceptance are at point of origin, or from .date of delivery at delti-
<br />nation or port of embarkation when delivery and a.cceptance are at
<br />either of those points, or from the date correct invoice or voucher is
<br />received in the office spl':cified by the Government, if the latter date
<br />is later tha.n date of delivery. Payment i. deemed to be made for the
<br />purpose of earning the discount on the date of mailing of the Govern.
<br />ment check.
<br />
<br />10. AWARD OF CONTRACT.
<br />
<br />(a) The contract will be awarded to that re'POnsible offeror whOle
<br />offer confonnin$' to the solicitation will be mo.t advantageous to the
<br />Government, pnce and other facton considered.
<br />(b) The Government reserves the right to reject any or all offen
<br />a.nd to waive informalities and minor irngularities in offen received.
<br />(c) The Government may accept any item or group oC items of any
<br />offer, unleu the offeror qualifies his offer by specific limitations. UN-
<br />LESS OTHERWISE PROVIDED IN THE SCHEDULE, OFFERS
<br />MAY BE SUBMITTED FOR ANY QUANTITIES LESS THAN
<br />THOSE SPECIFIED; AND THR GOVERNMENT RESERVES
<br />THE RIGHT TO MAKE AN AWARD ON ANY ITEM FOR A
<br />QUANTITY LESS THAN THE QUANTITY OFFERED AT THE
<br />UNIT PRICES OFFERED UNLESS THE OFFEROR SPECIFIES
<br />OTHERWISE IN HIS OFFER.
<br />(d) A written award (or Acceptance of Offer) mailed (or other-
<br />wise furnished) to the successful offeror within the time for acceptance
<br />specified in the offer shaH be deemed to result in a binding contract
<br />without further action by either party.
<br />The following paragraphs (eJ through (h) apply only to negotiated
<br />solicitations:
<br />(e) The Government may accept within the time specified therein,
<br />any offer (or part thereof, as provided in (c) above), whether or not
<br />there are negotiations subsequent to its receipt, unleu the offer is with.
<br />drawn by writtr:n notice received by the Government prior to a.ward.
<br />If subsequent negotiations are conducted, they ihall not constitute a
<br />rejection or counter offer on the part of the Government.
<br />(f) The right is reserved to accept other than the lowest offer and
<br />to reject any or all offen.
<br />(g) The Government may award a contract, ba.ed on initial offers
<br />received, without discu!liion of such offen. Accordingly, each initial
<br />offer should be submitted on the most favorable terms from a price
<br />and technical !Irandpoint which the offeror can submit to the Govern~
<br />ment.
<br />(h) Any financial data submitted with any offer hereunder or any
<br />representation concerninR" facilities or financing will not form a part
<br />of any resulting contract; provided, however, that if the resultjng con.
<br />tract contains a clause providing for price reduction for defective coat
<br />or pricing data, tht" contract price wiU be subject to reduction if cost
<br />or pricing data furnished hereunder is incomplete, inaccurate, or not
<br />current.
<br />
<br />11. GOVERNMENT.FURNISHED PROPERTY. No material. labor. or
<br />facilities will be furnished by the Government unless otherwise p~
<br />vided lor in the solicitation.
<br />
<br />12. LABOR INFORMATION. General inronnation regarding the ....
<br />quirements of the Walsh-HeaJey Public Contracts Act (41 U.S.C.
<br />
<br />* u. S. Go,,,",,,_nt ..,inti", QIfi_l 1111-1.1....1/4041
<br />
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<br />'.
<br />
<br />35-45). the Contract W::;;_"Hours Standards Act (40 U.S.C. 327-330).
<br />and the Service Contract Act of 1965 (41 U,S.C. 351-357) may be
<br />obtained from the Department of Labor, Washington, D.C. 20210, or
<br />from any regional office of that agency. Requests for information should
<br />include the solicitation number, the name and address d the issuing
<br />agency, and a desrription of the supplies or services.
<br />
<br />13. SELLER'S INVOICES. Invoices shall be prepared and ,ubinitted
<br />in quadruplicate (one copy shall be marked "original") unless 'other.
<br />wise specified.. Invoices s:hall contain the foHowing information: Con.
<br />tract and order number (if any), item numhen, description of supplies
<br />or leNius, sizes, quantities, unit prices, and extended totals. Bill of
<br />lading number and weight of shipment will be shown for shipment.
<br />made on Government bills of lading.
<br />
<br />14. SMAll BUSINESS CONCERN. A small bUline.. concern ror the
<br />purpose of Government procurement i. a concern, including i.u affi~i-
<br />ates" which is independently owned and operated, is not dominant 10
<br />the field of operation in which it i. submitting offen on Government
<br />contracts, and can further qualify under the criteria concerning num.
<br />ber of employees, average annual receipts, or other criteria, as pre-
<br />scribed by the Small Business Administration. (See Code of Federal
<br />Regulation., Title 13, Part 121, as amended, which contains detailed
<br />indu.try definition. and related procedure..)
<br />
<br />15. CONTINGENT FEE. If the offeror, by checking the appropriate
<br />box provided therefor, has represented that he has employed or r~tained
<br />a company or -penon (other than a full.time bona fide employee work-
<br />ing solely for the offeror) to solicit or secure this contract, or that he
<br />har paid or agreed to pay any fee, commission, percentage, or brokeage
<br />fee to any company or penon contingent upon or resulting from the
<br />award of this contract, he shall furnish, in duplicate, a complete Stand.
<br />ani Form 119, Contractor's Statement of Contingent or Other Fees. If
<br />offeror has previou.ly furnished a completed Standard Fonn 119 to the
<br />office i.suing this solicitation, he may accompany his offer with a signed
<br />1tatement (a) indicating when such completed fonn was previously
<br />furni.hed, (b) identifying by number the previous solicitation or con-
<br />tract, if any, in connection with which such form was submitted, and
<br />(c) representing that the statement in such form is applicable to this
<br />offer.
<br />
<br />16. PARENT COMPANY. A parent company for the purpose of this
<br />offer is a company which either owns or controls the activities and basic
<br />buuneu policies of the offeror. To own another company means the
<br />parent company must own at least a majority (more than 50 percent)
<br />of the voting rights in that company. To control another company, such
<br />ownenhip i. not required; if another company is able to formulate,
<br />detennine, or veto baaic business policy deci.ions of the offeror, such
<br />other company is considered the parent company of the offeror: Thi.
<br />control may be exercised through the use of dominant minority voting
<br />rights, use of proxy voting, contractual arrangements, or otherwise.
<br />
<br />17. EMPLOYER'S IDENTIFICATION NUMBER. (Applicable only to
<br />advertised solicitations.) The offeror shall insert in the applicable space
<br />on the offer lonn, if he has no parent company,- his own Employer's
<br />Identification Number (EnI. No.) (Federal Social Security Number
<br />used on Employer's Quarterly Federal Tax Return, U.S. Treasury.
<br />Department Form 941), or, if he has a parent company, the Employer"s
<br />Identification Number or hi. parent company.
<br />
<br />18. CERTIFICATlDN OF INDEPENDENT PRICE DETERMINATION.
<br />
<br />(a) This certification on the offer fonn is not applicable to a foreign
<br />offeror submitting an offer for a contract which requires performance
<br />Of delivery outside the United States, ill possessions, and Puerto Rico.
<br />(b) An offer will not be considered for award where (a~ (1), (a) (3),
<br />or (b) of the certification has been deleted or modified. Where (a) (2)
<br />of the certi6cation has been deleted or modified, the offer will not be
<br />considered for award unless the offeror furnishes with the offer a signed
<br />statement which sets forth in detail the circumstances of the disclosure
<br />and the head of the agency, or hi..designee, determines that such dis-
<br />closure wu not made for the purpose of restricting competition.
<br />
<br />19. ORDER OF PRECEDENCE. In the event of an inconsistency be.
<br />tween provision. of this solicitation, the inconsistency shall be resolved
<br />by giving precedence in the foHowing order: (a) the Schedule; (b)
<br />Solicitation Instructions and Conditions j (c) General Provi.ions; (d)
<br />other provisions of the contract, whether incorporated by ~ference or
<br />otherwite; and (e) the specifications.
<br />
<br />STANDARD FORII 33-A ..ck (Rev. 1-71)
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