The bid on each item above is the list price shown minus/plus percent. (Bidder, insert "net" or a single percentage amount in the blank space and cross out minus or plus, as appropriate.)

514.272-2 Repair and alteration contracts. (a) The solicitation shall:

(1) Contain a statement indicating the percentage of work anticipated to be performed during normal working hours;

(2) Define "normal" in terms of hours and days of the week; and

(3) List the quantities, if available, and unit prices for work performed during both normal working hours and outside of normal working hours.

(b) Instructions, conditions, and notices to bidders. (1)(i) Bidders should be advised of the previous year's total expenditures or portions of that total attributable to the listed items.

(ii) When estimates are provided, the solicitation must state that the quantity estimates are furnished for information only and are not to be construed as guarantees or commitments to order items under the contract.

(2) Bidders shall be instructed to quote two or more percentage factors to be applied as specified in (b)(2) (i) and (ii), of this section. The percentage factor(s) must be expressed as "net," or as an addition to or subtraction from the applicable unit prices.

(i) For the line item unit prices listed in the solicitation, two percentage factors must be solicited: one to be applied to the unit prices for the percentage of work performed during normal working hours and the second to be applied to the unit prices for the percentage of work performed outside of normal working hours.

(ii) When unit prices are further grouped by trade or business category, multiple percentages may be required.

(c) Evaluation factors for award. (1) When two percentage factors are solicited under (b)(2)(ii) of this section, the evaluated bid price is the sum of the percentage of work performed—

(i) During normal work hours multiplied by the Government's total estimate adjusted by the bidder's percentage factor for that portion of the work, and

(ii) During other than normal working hours multiplied by the Government's total estimate adjusted by the bidder's percentage factor for that portion of the work.

(2) Award must be made to the responsible and responsive bidder submitting the lowest evaluated bid price.

(3) When additional evaluation factors such as options are used, they must be identified in the solicitation.

(a) When a telegraphic modification or withdrawal of a bid is received by telephone under the circumstances in FAR 14.303, the identity of the telegraph office employee telephoning the message should be obtained and recorded in the solicitation file.

(b) The receipt required by FAR 14.303(b) for withdrawal of a bid in person should be worded as follows:

I certify as 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 hereby acknowledge receipt

of the unopened bid.

(Name and telephone no.) (Date)

Upon receipt of a late bid, the bid custodian should record it on the duplicate copy of the list of bidders and immediately notify the responsible contracting officer that the bid has been received. The contracting officer will arrange for the bid to be picked up or delivered.

514.370 Copies of bids required in submission.

Bids must be submitted in an original and at least one copy. The original will be used by the contracting activity for the tabulation of bids. The copy will be retained by the BSC for public information until the bid abstract is available to replace it. Supplemental financial forms or other information submitted with a bid, must be retained by the contracting activity and must not be retained by the BSC for public information.

Subpart 514.4—Opening of Bids and Award of Contract

514.401 Receipt and safeguarding of bids.

(a) Except as otherwise provided in paragraph (c), bids and modifications must be received and safeguarded by the appropriate BSC until the time specified for opening. Bids received should be handled as follows:

(1) At the initial point of receipt, each envelope (or other covering) received by mail and identified as containing a bid should be immediately time-stamped or indicated thereon the place, date, and time of receipt by authorized personnel. Then the bid(s) should be delivered by special handling to the bid custodian in the Business Service Center.

(2) Mailed bids and modifications delivered to the bid custodian before bid opening time should be recorded on the bidder's list on the same day they are delivered and then placed in a suitable locked cabinet.

(3) Hand-carried bids delivered before bid opening time should be deposited in the locked bid box. In the event a hand-carried bid is not placed in the bid box by the bidder, but is

handed to the bid custodian or other GSA employee, it should be time stamped immediately and then handled in the same manner as provided for mailed bids. At least once daily (and immediately preceding the time for each scheduled bid opening), the bid custodian should remove and time stamp the bids, record them and place them with any other bids previously received.

(4) Telegraphic or facsimile bid, if authorized, and modifications must be sealed in envelopes immediately upon receipt, appropriately identified, and handled in the same manner as bids submitted by mail.

(5) For each invitation, the bid custodian will prepare a list indicating the invitation number and listing on the GSA Form 1378, Record of, and Receipt for, Bids and Responses, or the appropriate bid abstract form, the name and address of all responses, including any bid modification, received before bid opening time. When a bid previously recorded on this list is withdrawn, the list will so indicate.

(b) At the scheduled bid opening time, the bid custodian will deliver all bids received in response to the invitation, together with the original and one copy of the GSA Form 1378, Record of, and Receipt for, Bids and Responses, or other appropriate bid list to the authorized bid opening official or designee, who will acknowledge receipt of the bids by signing the duplicate copy of the form and returning it to the bid custodian. The original list becomes part of the contract file.

(c) Business Service Center Directors may designate an individual(s) working at a PBS Facility Support Center or Enhanced Field Office as a bid custodian, provided: (1) Adequate space and facilities are available within the Facility Support Center or Enhanced Field Office, (2) the individual(s) has been trained and (3) the Facility Support Center or Enhanced Field Office has a Small Business Technical Advisor. If such designations are made, the designated bid custodian must submit monthly reports to the BSC Director for forwarding to the Office of Small and Disadvantaged Business Utilization (AU).

514.402 Opening of bids.

514.402-1 Unclassified bids.

(a) Public bid openings will be held in the BSC when the BSC is the bid custodian. When the bid opening will be held elsewhere, the contracting officer shall inform the BSC serving the geographic area in which the contracting office is located of the invitation number and the location where the public bid opening will be held.

(b) The assistant bid opening officer shall be a qualified employee of the contracting office. Upon authorization by the HCA and the Director of Small and Disadvantaged Business Utilization in Central Office or the Director of the Business Service Center in the region, bids may be opened by selected BSC personnel. Normally, this authorization will be requested only when the geographic distance separating the BSC where bids are to be delivered and the contracting office makes it impracticable for the bid opening officer or designee to be present to open bids. (See FAR 14.402-1(b).)

(c) Bid openings are open to business representatives, members of the press, and the general public.

(d) To ensure that bids will be opened at the exact time specified, the bid opening official will verify the accuracy of the timepiece to be used.

one

(e) For the information of those bidders present, approximately minute prior notice of bid opening will be announced audibly by the bid opening official.

(f)(1) The bid opening official shall take precaution to ensure that the exact time of opening has arrived and shall announce this fact audibly, citing the invitation or invitations scheduled for opening. The opening of bids will then proceed in full view of the parties present.

(2) For construction contracts that provide for bid alternates, the amount of funds available for the award will be announced before opening bids.

(g) In reading bids, the following information from each bid should be announced when considered practicable and feasible: The bidder's name, item and unit price bid, and other pertinent information, such as delivery and discount terms. A copy of each bid sub

mitted in multiple copies should remain in the bid opening room until the bid abstract is substituted. For bids submitted in an original only see FAR 14.402-1(c).

(h) No alterations or notations to any bid after it has been formally opened will be permitted.

(i) Negotiable instruments submitted as bid guarantees to meet solicitation requirements must be forwarded by the bid opening official to the Finance Division in accordance with procedures established by the Comptroller. When award is made, the solicitation is cancelled, or all bids are rejected, the contracting officer shall direct the Finance Division to refund the amount of the bid guarantee to the unsuccessful bidder(s). Bid guarantees may be returned before award when a bidder requests the guarantee be returned and the bidder is not in contention for the award. Other forms of bid guarantees (e.g., bid bonds, letters of credit, corporate and individual sureties, etc.), must be retained by the contracting officer and included in the contract file.

(j) A record, including at least the names of persons attending the bid opening and the firms or organizations they represent, should be made a part of the solicitation file.

(k) When multiple copies of bids are received, the bid opening official shall verify the entries on all copies. If there is a discrepancy between the copies of a bid, the contracting officer shall direct the bidder's attention to the suspected mistake and shall follow the procedures set forth in FAR 14.406 concerning mistakes in bids.

(1) Envelopes in which bids and bid modifications are received should be retained in a temporary file until after all awards have been made. At that time, those which bear notations concerning abnormal receipt or opening for identification should be made a part of the solicitation file and the remainder may be destroyed.

514.403 Recording of bids.

(a) A copy of the abstract of bids and any amendments must be furnished to the appropriate BSC as soon as practicable and be available for

public examination for at least 30 calendar days. Late bids determined eligible for consideration must be included on the bid abstract form. If eligibility is established after delivery of the original tabulation, the bids are recorded separately and identified as an amendment to the original tabulation.

(b) Abstracts involving aggregate awards must record unit prices, weight factors and aggregate totals for each aggregate group in addition to any other information required for bid evaluation.

(c) For building services, the GSA Form 3471, Abstract of Offers, is authorized for use by contracting activities in the Public Buildings Service (PBS) instead of the Standard Form 1409, Abstract of Offers.

514.404 Rejection of bids.

514.404-1 Cancellation of invitations after opening.

(a) Cancellation of invitations. The HCA or a designee makes any determinations required by FAR 14.404-1.

(b) Extension of time for bid acceptance. (1) While the number of bidders requested to extend their bids as provided in FAR 14.404-1(d) is a matter of judgment on the part of the contracting officer, consideration should be given to requesting the extension from all bidders having a reasonable chance to receive an award.

(2) Requests for time extensions may be made using GSA Form 2981 and must specify a period reasonable under the circumstances.

(3) If time is critical, the contracting officer may request an extension by telephone, facsimile, or telegraph, but the bidder's response or confirmation must be in writing.

(4) If a Standard Form 24, Bid Bond, has been executed, the consent of the surety is necessary for any extension exceeding by more than 60 calendar days the period originally allowed for acceptance.

(5) If a bidder does not grant the additional bid acceptance time requested, special action should be taken to accomplish acceptance of the bid within the time allowed by the bidder. Should it be advisable to permit the bid to expire, the contracting officer

shall promptly, before expiration of the bid, refer the case to the appropriate contracting director for a decision. 514.404-2 Rejection of individual bids.

(a) Individual bids rejected on the basis of responsiveness, responsibility, or eligibility and bids rejected because the bid after evaluation is no longer low shall be documented as provided in FAR 14.404-2(k) and noted in the "Remarks" block on GSA Form 1535, Recommendation for Award(s). Examples of bids which may no longer be low after evaluation include aggregate bids (see 514.271), “all or none" bids (see 552.214-73), and bids evaluated using Buy American differentials (see FAR 25.105 and 525.105-70).

(b) Explanations which involve cases of a sensitive or controversial nature must be accompanied by all supporting documentation to justify awards, such as copies of the offer to be rejected and the proposed awardee, statements from (or record of conversation with) the requisitioning activity, plant facilities and/or financial responsibility reports, and other relevant correspondence or reports (Certificates of Competency, copies of Congressional correspondence or other high level interest, etc.).

[54 FR 26514, June 23, 1989, as amended at 56 FR 47005, Sept. 17, 1991]

514.405 Minor informalities or irregularities in bids.

Failure to submit all of the pages of the solicitation is a minor informality or irregularity under FAR 14.405 when the bid as submitted indicates that the bidder takes no exception to the requirements of the solicitation and intends to be bound by all its terms in any resultant contract.

514.406 Mistakes in bids.

514.406-3 Other mistakes disclosed before award.

(a) Delegations of authority by head of the agency. In accordance with FAR 14.406-3(e), the heads of contracting activities (HCA's) are authorized, without power of redelegation, to make the determinations regarding corrections and/or withdrawals treat

ed in FAR 14.406-3 (a), (b), and (c), and to make the corollary determinations not to permit withdrawal or correction for reasons indicated in FAR 14.406-3(d).

(b) Format for Determinations. Determinations under FAR 14.406-3 must be prepared in the following format.

FINDINGS AND ADMINISTRATIVE DETERMINATION ALLEGED MISTAKE IN BID (“PRIOR TO AWARD" OR "AFTER AWARD") BY (NAME OF BIDDER) (IFB No. )

Pursuant to Federal Acquisition Regulation 14.406 and General Services Administration Acquisition Regulation 514.406, I hereby make the following findings:

FINDINGS

(List in chronological order the information required by FAR 14.406, including a numerical list of exhibits.)

DETERMINATION

Based on the above findings, I hereby determine in accordance with FAR (14.406-3 (a) or (b), (c), (d), (g) or 14.406-4) that (include an appropriate statement indicating the determination to permit withdrawal, correction, etc.).

Contracting Officer (Determinations under FAR 14.406-3(g)(5) or 14.406-4)

Date

Head of Contracting Activity (Determinations under FAR 14.406-3 (a), (b), (c), or (d)) or Contracting Director (Approved under 514.406-4)

Date

I reviewed the above case as to form, technical accuracy of the proposed determination, and the general accuracy of the supporting evidence and approve it as to legal sufficiency.

Assigned Counsel

Date

(c) Legal review and approval. Assigned counsel must approve determinations by the HCA and contracting officer regarding mistakes in bid.

514.406-4 Mistakes after award.

Determinations by the contracting officer must be prepared in the format at 514.406-3(b) and reviewed and ap

(a) Notice of award may be made by facsimile transmission when approved by the HCA. Oral notices shall not be used.

(b) In addition to the requirements in FAR 14.407-1(c)(5), notice of award must identify the solicitation, the item(s) awarded, the contract number, and the effective date of the award.

(c) If partial award is made to a bidder and additional items are being withheld for possible subsequent

award to the same bidder, any subsequent award during the bid acceptance period must be made using SF-30, Amendment of Solicitation/Modification of Contract (except see 519.5023(b) regarding partial set-asides). The authority cited in paragraph 13D of SF-30 for the subsequent award will be FAR 14.407-1(c)(4).

514.407-2 Responsible bidder-reasonableness of price.

(a) A single bid, received in response to a solicitation, may be considered and accepted if (1) the specifications used in the invitation were not restrictive, (2) adequate competition was solicited, (3) the price is reasonable, and (4) the bid is otherwise consistent with the solicitation.

(b) The basis for price reasonableness must be established, if possible, from data or information which is available to the contracting officer without contacting the bidder.

514.407-6 Equal low bids.

In resolving a tie-bid situation, the status of the bidders (small/large/ labor surplus area) on the date the bid was signed is controlling.

514.407-7 Documentation of award.

Documentation included in the contract file must include the number of firms solicited and the GSA Form 1535, Recommendation for Award(s), or similar document (see also 514.4042).