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L. 15 PREPARATION OF OFFERS

(FAR 52.215-13) (APRIL 1984)

(A) Offerors are expected to examine the drawings, specifications, Schedule, and all instructions. Failure to do so will be at the offeror's risk.

(B) Each offeror shall furnish the information required by the solicitation. The offeror shall sign the offer and print or type its name on the Schedule and each continuation sheet on which it makes an entry. Erasures or other changes must be initialed by the person signing the offer. Offers signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been

previously furnished to the issuing office.

(C) For each item offered, offerors shall (1) show the unit price/cost, including, unless otherwise specified, packaging, for the quantity of each item offered in the "Amount" column of the Schedule. In case of discrepancy between a unit price/cost and an extended price/cost, the unit price/cost will be presumed to be correct, subject; however, to correction to the same extent and in the same manner as any other mistake.

(D) Offers for supplies or services other than those specified will not be considered unless authorized by the solicitation.

(E) Offerors must state a definite time for delivery of supplies or for performance of services, unless otherwise specified in the

solicitaion.

(F) Time, if stated as a number of days, will include Saturdays, Sundays, and holidays.

L. 16 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE REVIEW

(FAR 52.222-24) (APRIL 1984)

An award in the amount of $1 million or more will not be made under this solicitation unless the offeror and each of its known first-tier subcontractors (to whom it intends to award a subcontract of $1 million or more) are found, on the basis of a compliance review, to be able to comply with the provisions of the Equal Opportunity clause of this solicitation.

Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specification, etc., must request it in writing soon enough to allow a reply to reach all prospective offerors before the submission of their offers. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective

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offerors as an amendment of the solicitation, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective offeroTS.

L. 18 LATE SUBMISSIONS, MODIFICATIONS, AND
WITHDRAWALS OF PROPOSALS

(FAR 52.215-10) (APRIL 1984)

(A) Any proposal received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it

(B)

(1)

(2)

Was sent by registered or certified mail not later than the
fifth calendar day before the date specified for receipt
of offers (e. g., an offer submitted in response to a
solicitation requiring receipt of offers by the 20th of
the month must have been mailed by the 15th);

Was sent by mail (or telegram if authorized) and it is
determined by the Government that the late receipt was
due solely to mishandling by the Government after receipt
at the Government installation;

(3) Is the only proposal received.

Any modification of a proposal or quotation, except a modification resulting from the Contracting Officer's request for "best and final" offer, is subject to the same conditions as in subparagraphs (A) (1) and (2) above.

(C) A modification resulting from the Contracting Officer's request for "best and final" offer received after the time and date specified in the request will not be considered unless received before award and the late receipt is due solely to mishandling by the Government after receipt at the Government installation.

(D) The only acceptable evidence to establish the date of mailing of a late proposal or modification sent either by registred or certified mail is the U. S. or Canadian Postal Service postmark on the wrapper or on the original receipt from the U. S. or Canadian Postal Service. If neither postmark shows a legible date, the proposal, quotation, or modification shall be processed as if mailed late. "Postmark" means printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U. S. or Canadian Postal Service on the date of mailing. Therefore, offerors or quoters should request the postal clerks to place a hand cancellation bull's-eye postmark on both the receipt and the envelope от штаррет.

(E)

The only acceptable evidence to establish the time of receipt at the Government installation is the time/date stamp of that installation on the proposal wrapper or other documentary evidence of receipt maintained by the installation.

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(F) Notwithstanding paragraph (A) above, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(G) Proposals may be withdrawn by written notice or telegram (including mailgram) received at any time before award. Proposals may be withdrawn in person by an offeror or an authorized representative, if the representative's identity is made known and the representative signs a receipt for the proposal before award.

L. 19 FAILURE TO SUBMIT OFFER

(FAR 52.215-15) (APRIL 1984)

Recipients of this solicitation not responding with an offer should not return this solicitation, unless it specifies otherwise. Instead, they should advise the issuing office by letter or postcard wheter they want to receive future solicitations for similar requirements. recipient does not submit an offer and does not notify the issuing office that future solicitations are desired, the recipient's name may be removed from the application mailing list.

L. 20

(A)

CONTRACT AWARD

(FAR 52.215-16) (APRIL 1984)

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, cost or price and other factors, specified elsewhere in this solicitation, considered.

(B) The Government may (1) reject any or all offers, (2) accept other than the lowest offer, and (3) waive informalities and minor irregularities in offers received.

(C) The Government may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the offeror's best terms from a cost of price and technical standpoint.

(D) The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the schedule, offers may be submitted for quantities less than those specified. The government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the offer.

(E) A written award or acceptance of 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

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expiration time, the Government may accept an offer (or part of an offer, as provided in paragraph (D) above), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counter offer by the Government.

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(F) Neither financial data submitted with an offer, nor representations concerning facilities or financing, will form a part of the resulting contract. However, if the resulting contract contains clause providing for price reduction for defective cost or pricing data, the contract price will be subject to reduction if cost or pricing data furnished is incomplete, inaccurate, or not current.

L. 21 PROVISION FOR EVALUATION FACTOR AMENDMENTS (ED 311-7) (MARCH 1986)

It is hereby provided that the evaluation factors for award under Section M herein shall not be modified except by a formal amendment to this solicitation and that no factors other than those set in that section shall be used in the evaluation of the technical proposals.

Reference is made to the General Provision entitled "Paperwork Reduction Act." If the contractor has proposed the use of any plan, questionnaire, interview guide or other similar device which calls either for answers to identical questions from ten or more persons other than Federal employees or information from Federal employees which is outside the scope of their employment, any of which is to be used by the Federal Government or disclosed to third parties, clearances from the Deputy Under Secretary for Management or his/her delegate within the Department of Education and the Office of Management and Budget shall first be obtained. Those should be expected to take at least 120 days together. Offerors' proposals shall accordingly reflect that 120 day period in proposal timelines if the Paperwork Reduction Act is applicable.

This acquisition is not a set aside for small businesses. A small business size standard may still apply, however. This may serve to identify small businesses under any small business subcontracting requirement or for possible consideration under the evaluation factors at Section M.

The Small Business Size Standard shall be $500,000.00 in annual receipts. This standard is considered to include receipts by all offeror/contractor affiliates. Determination of status shall be in

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accordance with FAR subparts 19. 101 and 19. 102.

(A)

L. 24

PREFERENCE FOR LABOR SURPLUS AREA CONCERNS
(FAR 52. 220-1) (APRIL 1984)

This acquisition is not a set aside for labor surplus area (LSA) concerns. However, the offeror's status as such a concern may affect (1) entitlement to award in case of tie offers or (2) offer evaluation in accordance with the Buy American Act clause of this solicitation. In order to determine whether the offeror is entitled to a preference under (1) or (2) above, the offeror must identify, below, the LSA in which the costs to be incurred on account of manufacturing or production (by the offeror or the first-tier subcontractors) amount to more than 50 percent of the contract price.

(B) Failure to identify the locations as specified above will preclude consideration of the offeror as an LSA concern. If the offeror is awarded a contract as an LSA concern and would not have otherwise qualified for award, the offeror shall perform the contract cause the contract to be performed in accordance with the obligations of an LSA concern.

(Note: This provision only applies to commercial organizations that are subject to the cost principles in FAR Subpart 31. 2. )

(a) Facilities capital cost of money will be an allowable cost under the contemplated contract if the criteria for allowability in subparagraph 31.205-10(a)(2) of the Federal Acquisition Regulation are met. One of the allowability criteria requires the prospective contractor to propose facilities capital cost of money in its offer.

(b) If the prospective Contractor does not propose this cost, the resulting contract will include the clause Waiver of Facilities Capital Cost of Money.