AAWSAP Solicitation and Original Order, September 2008
DOW-UAP-D111 · page 32 of 59
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(a) The Government s uspends or debars Contractors t o protect the Government ' ' s interests . The Contractor shal l not enter into any subcontract i n excess of $30, 000 with a Contractor that is debarred, suspended, or proposed for debarment unless t here is a compelling reason to do so . (b) The Contractor s hall require each proposed first- tier subcontractor, whose subcontract will exceed $30 , 000, to disclose to the Contract or, i n writing, whether a s of the time of award of t he s ubcontract , the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by t he Federal Government . (c ) A corporate officer or a designee of the Contractor shall notify the Contracting Offi cer, in wr iti ng, before entering into a subcontract wi th a party that is debarred, suspended, or proposed for debarment (see FAR 9. 404 for informa t ion on the Excluded Parties List System) . The notice must i nclude t he following : (1 ) The name of the subcontractor . (2 ) The Contractor ' ' s knowledge of the reasons for the subcontractor being in the Excluded Parties List System . (3 ) The compel ling reason(s) for doing business with t he subcontractor notwithstanding its i nclusi on i n the Excluded Parties List System. (4 ) The systems and procedures the Contractor has established to ensure that it is f ully protecting the Government ' ' s i nterests when dealing with such subcontractor in view of the specifi c basis for the party ' ' s debarment, suspension, or proposed debarment . (End of Cl ause) I . 33 52 . 215-1 I NSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004) (a) "Definitions ." As used i n this provisi on- "Discussions " are negotiations t hat occur after establ ishment of the competitive range t hat may, at the Contracting Officer ' ' s discretion, result in the offeror being allowed t o revi se its proposal . "In writing," "writi ng,• or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information . "Proposal modi fication" is a change made to a proposal before t he sol icitation ' ' s c l osing date and time, or made i n response to an amendment , or made to correct a mistake at any time before award. "Proposal r evi sion" i s a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations . "Time," if stated as a number of days , i s calculated usi ng calendar days , unl ess otherwise specifi ed, and will i nclude Saturdays, Sundays, and legal holi days . However, i f t he last day falls on a Saturday, Sunday, or legal holiday, t hen the period shall i nclude the next working day . (b) "Amendments to solicitations ." If this sol icitation is amended, all terms and conditions that are not amended remain unchanged . Offerer s s hall acknowledge receipt of any amendment to t his sol icitati on by the date and t i me speci fied i n the amendment (s ). (c ) "Submission, modification, revision, and withdrawal of proposals . " (1 ) Unless ot her methods (e . g ., electronic comme rce or f acsi mile) are permitted in the solicitation, proposals a nd modifications to proposals s hall be submitted in paper media in sealed envelopes or packages (iii ) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the sol ici t ation and agreement to furni sh any or a l l i tems upon which pri ces are offered at the price set opposite each item; (i) addressed to the office specified in the sol i citation, and (ii ) showing the time and date specifi ed for receipt, the sol icitation number, and t he name and address of t he offer e r . Offerers using commercia l carriers should ensure that the proposal is marked on the outermost wrapper with t he informat i on i n paragraphs (c ) ( 1) ( i ) and <c ) ( 1) (ii) of t his provision . (2 ) The first page of t he proposal must show- (i) The solicitat i on number; (ii ) The name, address , and telephone and facsimi l e numbers of t he offeror (and electronic address if available); (iv) Names, titles, and telephone and f acsimi l e numbers (and electronic addresses if avail able) of persons authorized to negotiate on the offeror ' ' s behal f with the Government i n connection with this solicitation; and (v) Name, title, and signature of person authorized to s ign the proposal . Proposals signed by an agent shall be accompanied by evidence of that agent ' ' s authority, unless that evidence has been previously furnished to t he i ssuing office . (3 ) "Submission, modification, revision, and withdrawal of proposals . " (i ) Offerer s are responsible for submi tting proposals , and any modi f i cati ons or revisions , so as to reach the Government office designated i n the sol icitation by t he time specified in the PAGE 32 OF 59 HHM402-08-C-0072