(Revised November 19, 2013 through PROCLTR 2014-28)
TABLE OF CONTENTS
SUBPART 14.2 – SOLICITATION OF BIDS
14.201 Preparation of invitations for bids.
14.201-6 Solicitation provisions.
14.201-7 Contract Clauses.
14.203 Methods of soliciting bids.
14.203-3 Master solicitation.
14.203-90 Other distribution.
SUBPART 14.2 – SOLICITATION OF BIDS
14.201 Preparation of invitations for bids.
14.201-6 Solicitation provisions.
(90) Insert the provision at 52.213-9001, Evaluation Factor for Source Inspection, in solicitations when the conditions at 13.106(90)(a) exist. The coverage at 13.106-90(a) applies regardless of the dollar value of the acquisition.
(91) The provision at 52.214-9001, Schedule – Firm Fixed Price and Fixed Price with Economic Price Adjustment, or one similar should be used, pursuant to 17.203(d), when item pricing of options involves separate firm fixed price and fixed price with economic price adjustment portions.
(92) The provision at 52.214-9002, Trade Discounts, or one substantially the same, may be included in invitations for bids when appropriate. The provision advises bidders that trade discounts offered will be considered in evaluating offers for award and provides that an offered discount in excess of 2 percent will be considered as a trade or special discount, unless the offeror states otherwise. Use of such a provision will assure that the Government does not forego the benefits of intended bids of trade discounts.
(93) The provision at 52.214-9003, Right to Apply F.o.b. Origin Offer, or one substantially the same, may be included in invitations for bids when appropriate. The intent of the provision is to permit the Government to award f.o.b. origin offers that otherwise could not be covered in a sealed bid acquisition. Example: Items 1 and 2 are for the same product, but different item numbers are used because of the different destinations. F.o.b. origin offers are permitted. Bidders A and B bid f.o.b. origin on item 1. No bids are received on item 2. Item 1 is awarded to Bidder A. Under present conditions, item 2 would have to be resolicited. With the provision at 52.214-9003, and provided the Bidder had not specified otherwise, the Bidder B offer could be applied against item 2. Assuming Bidder B's price was reasonable, item 2 could be awarded to Bidder B and the need for a resolicitation negated.
(94) The provision at 52.215-9001, Evaluation Factor for Preaward Survey, shall be inserted in solicitations and exercised when a PAS is required to determine the responsibility of prospective contractors described in 15.304(c)(95)(A through (F)).
(95) The provision at 52.215-9011, Requirements for Quantity Increments or Ranges, may be used to solicit bids for quantity increments (e.g., 500, 1000, 1500, 2000 units) or quantity ranges (e.g., 500-999, 1000-1499, 1500-1999 units).
14.201-7 Contract clauses.
(90) Insert the clause at 52.214-9004, Subcontracting to Other Industrial Preparedness Planned Producers, in solicitations and contracts whenever contracting without providing for full and open competition under the authority of FAR 6.302-3 (10 U.S.C. 2304(c)(3)).
(91) Insert the clause at 52.214-9005, Descriptive Literature, in RFPs or simplified solicitations and resulting contract or order for descriptive literature in FSG 34, Industrial Plant Equipment (IPE), as applicable.
(92) The clause at 52.214-9006, Conditional or Qualified Offers, may be used in solicitations except for IDC solicitations and commercial procurements.
(93) Insert the clause at 52.214-9007, Place of Production of An Industrial Preparedness Program (IPP) Planned Item, and 52.214-9004, Subcontracting, to other industrial preparedness planned producers in solicitations and contracts whenever contracting without providing for full and open competition under authority of FAR 6.302-3 (10 U.S.C.2304(c)(3)).
(94) Use 52.214-9008, Rounding Off of Offer and Award Prices, in solicitations and awards for medical, subsistence, clothing and textile, construction and equipment.
14.203 Methods of soliciting bids.
(b)(90) Distribution of new or revised master solicitations via an electronic means, i.e., e-mail, to the following:
(i) DLA - Director, DLA Acquisition (J7);
(ii) DCMA - Director, Contract Management, Director, Quality Assurance, Director, Program and Technical Support;
(iii) DCMA - Chief, Contract Management, Chief, Quality Assurance, Chief, Program and Technical Support;
(iv) DPRO - Chief Contract Management, Chief, Quality Assurance, Chief, Program and Technical Support; and
(v) Defense Finance and Accounting Service: Columbus Center.
One information copy of each invitation for bids involving the production testing of items will be forwarded at time of issue to DLA Acquisition J74 in accordance with DLAR 4125.1, Production Testing of DLA Managed Items.