Revised Page 8.pdf

Site Prep Tractor/Masticator/Mulcher SOL NO.AG-4660-S-10-0014

REVISED 27 MAY 2010 PAGE 8

SOLICITATION PROVISIONS

FAR Provision 52.212-1, Instructions To Offerors--Commercial Items (Jun 2008) is hereby tailored as follows:

(Incorporated By Reference On Standard Form 1449)

Paragraph c is changed to read as follows: (c) Period for acceptance offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

Paragraph (d) is deleted

Paragraph (e). Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

Paragraph (h) is deleted. No multiple awards will be made as a result of this solicitation.

Paragraph (i) is deleted.

FAR 52.212-2 Evaluation – Commercial Items (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers (Listed in order of priority):

1. Technical acceptability

2. Equipment past performance

3. Offeror past performance

4. Equipment desired features provided.

5. Price and price related factors (warranty, additive items, repair service location) a). The basis for award will be an integrated assessment based on the offeror complying with the technical requirements of the solicitation (Technically acceptability) and then a tradeoff between 1) equipment past performance, 2) offeror past performance, 3) desired features provided and 4)price and price related factors.

b). Regarding the additive item’s pricing, the low offer for evaluation purposes for award shall be the conforming responsible bidder offering the low aggregate amount for the first or base contract line item, plus the number of additive line items within the funds determined by the government to be available before offers are opened. (Refer to AGAR

452.236-70 Additive or Deductive Items below)

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(d) The government reserves the right to award the contract to other than the lowest priced offeror.

NOTE: This procurement falls under the test program for certain commercial items, FAR 13.5.

AGAR 452.236-70 Additive or Deductive Items (FEB 1988)

The low bidder for purposes of award shall be the conforming responsible bidder offering the low aggregate amount for the first or base bid item, plus or minus (in the order of priority listed in the schedule) those additive or deductive bid items providing the most features of the work within the funds determined by the government to be available before bids are opened. If addition of another bid item in the listed order of priority would make the award exceed such funds for all bidders, it shall be skipped and the next subsequent additive bid item in a lower amount shall be added if award therein can be made within such funds. For example, when the amount available is $100,000 and a bidder's base bid and four successive additives are $85,000, $10,000, $8,000, $6,000, and $4,000, the aggregate amount of the bid for purposes of award would be $99,000 for the base bid plus the first and fourth additives, the second and third additives being skipped because of each of them would cause the aggregate bid to exceed $100,000. In any case all bids shall be evaluated on the basis of the same additive or deductive bid items, determined as above provided. The listed order of priority need be followed only for determining the low bidder. After determination of the low bidder as stated, award in the best interests of the Government may be made on the selected first or base bid item and any combination of additive or deductive items for which funds are determined to be available at the time of the award, provided that award on such combination of bid items does not exceed the amount offered by any other conforming responsible bidder for the same combination of bid items.