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Office of Acquisition and Logistics (OAL)

 

Part 814 - Sealed Bidding

Part 801—Department of Veterans Affairs Acquisition Regulation System Part 802—Definitions of words and terms Part 803—Improper business practices and personal conflicts of interest Part 804—Administrative and information matters Part 806—Competition requirements Part 808—Required sources of supplies and services Part 809—Contractor qualifications Part 810—Market Research Part 811—Describing agency needs Part 812—Acquisition of Commercial Products and Commercial Services Part 813—Simplified acquisition procedures Part 814—Sealed bidding Part 815—Contracting by negotiation Part 816—Types of contracts Part 817—Special contracting methods Part 819—Small business programs Part 822—Application of labor laws to Government acquisitions Part 823—Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace Part 824—Protection of privacy and freedom of information Part 826—Other Socioeconomic Programs Part 827—Patents, Data, and Copyrights Part 828—Bonds and insurance Part 829—Taxes Part 831—Contract cost principles and procedures Part 832—Contract financing Part 833—Protests, disputes, and appeals Part 835—Research and Development Contracting Part 836—Construction and architect-engineer contracts Part 837—Service contracting Part 839—Acquisition of Information Technology Part 841—Acquisition of utility services Part 842—Contract administration and audit services Part 843—Contract Modifications Part 844—Subcontracting Policies and Procedures Part 845—Government Property Part 846—Quality assurance Part 847—Transportation Part 849—Termination of contracts Part 852—Solicitation provisions and contract clauses Part 853—Forms Part 871—Vocational rehabilitation and employment programs Part 873—Simplified procedures for health-care resources
 
Sec. Title
Subpart 814.1—[Reserved]
Subpart 814.2—Solicitation of Bids
814.201 Preparation of invitations for bids.
814.201-2 Part I—The Schedule.
814.201-6 Solicitation provisions.
814.202 General rules for solicitation of bids.
814.202-4 General rules for solicitation of bids.
Subpart 814.3—Submission of Bids
814.304 Submission, modification, and withdrawal of bids.
Subpart 814.4—[Reserved]
 

AUTHORITY:  40 U.S.C. 121(c); 41 U.S.C. 1121(c)(3); 41 U.S.C.1702; and 48 CFR 1.301-1.304.

Subpart 814.1 - [Reserved]

Subpart 814.2 - Solicitation of Bids

814.201  Preparation of invitations for bids.

814.201-2  Part I—The Schedule.

(b) Section B, Supplies or services and prices.

(1) When the contracting officer determines that it will be to the Government’s advantage to make an award on the basis of a summary bid, the IFB shall include the following statement in Part I—The Schedule, Section B:

“The award will be made on either the bid price for individual items or the summary bid price for all items, whichever results in the lowest price to the Government.  Therefore, to assure proper evaluation of all bids, a bidder quoting a summary bid price must also quote a price on each individual item included in the summary bid price.”

(2) When a contracting officer determines that it will be to the Government’s advantage to make an award by group or groups of items, the IFB shall include the following statement in Part I—The Schedule, Section B:

“Award shall be made on the basis of the bid price for each identified group of items.  The individual price of each line item in the group does not have to be the lowest bid received for that item.”

This may apply when the items in the group or groups are readily available from sources to be solicited; and one of the following applies–

(i) Furniture or fixtures are required for a single project and uniformity of design is desirable.

(ii) The articles required will be assembled and used as a unit.

814.201-6  Solicitation provisions.

(a) In an invitation for bid for supplies, equipment, or services (other than construction), the contracting officer shall define the extent to which VA will authorize and consider alternate bids.

(1) The contracting officer shall include the provision at 852.214-71, Restrictions on Alternate Items(s), in the invitation when VA will consider an alternate item only where acceptable bids on a desired item are not received or the bids do not satisfy the total requirement.  (For construction projects, VA will consider for acceptance an alternate specified only as a part of the basic item.)

(2) The contracting officer shall include the provision at 852.214-72, Alternate Items, in the invitation, when VA will consider an alternate item on an equal basis with the item specified.  (For construction projects, VA will consider for acceptance an alternate specified only as a part of the basic item.)

(3) In addition to either of the provisions referenced in paragraphs (b)(1) or (2) of this subsection, the contracting officer shall include the provision at 852.214-73, Alternate Packaging and Packing, in the invitation when bids will be allowed based on different packaging, unit designation, etc.

(b) The contracting officer shall include the provision at 852.214-74, Marking of Bid Samples, in the invitation, along with the provision at FAR 52.214-20, Bid Samples, when the contracting officer determines that samples are necessary to the proper awarding of a contract.

814.202  General rules for solicitation of bids.

814.202-4  General rules for solicitation of bids.

(a) Policy.  When bid samples are required, the contracting officer shall include a notice in the contract Schedule that requires bidders to submit samples produced by the manufacturer whose products will be supplied under the contract.

(g) Handling bid samples.

(1) Samples from successful bids shall be retained for the period of contract performance.

(2) If the contracting officer anticipates a claim regarding the contract, the contracting officer shall require that the bid samples be retained until the claim is resolved.  If there are no outstanding claims regarding the contract, the contracting officer may authorize disposal of the samples at the end of the contract term in accordance with the bidder’s instructions.

(3) The contracting officer shall require that samples from unsuccessful bids be retained until award.  After award, these samples may be disposed of in accordance with the bidder’s instructions.

Subpart 814.3 - Submission of Bids

814.304  Submission, modification, and withdrawal of bids.

(f) A notification to late bidders shall specify the final date by which VA must receive evidence of timeliness.  This date shall be within five calendar days of the date an electronic notice is sent to the bidder, or within ten calendar days of receipt by the bidder of a notice sent by other than electronic means.

Subpart 814.4 - [Reserved.]

 
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