John Company

AAWSAP Solicitation and Original Order, September 2008

DOW-UAP-D111 · page 33 of 59

Page 33 of 59 of DOW-UAP-D111

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sol ici tati on . I f no time i s
speci fied in the solicit ation, the time for recei pt is 4 : 30 p .m. , local
time , for the designated Government
office on the date t hat proposal or revision is due .
(i i )
(A) Any proposal, modification, or revision received at the Government office designated
i n t he soli citation aft er the exact time speci fied for receipt of offers is "late" a nd wi ll not
be considered unless it is received before award is made ,. the Contracting Officer determines that
accepti ng the l ate off e r would not
unduly delay t he acquisiti on; and-­
(1) If it was transmitted through an electronic commerce method authorized by the
sol i cit ation, i t was
recei ved at the i nitial point of entr y to the
Government i nf r astr ucture not
later than 5 : 00 p . m.
one working day prior to the date specified for receipt of proposals ; or
(2) There is acceptable evidence to establish that it was received at the Government
i nstallat ion designated for receipt of offers and was under t he
Government ' ' s control pri or to t he
time set for
receipt of offers ; or
(4 ) Unless ot herwise specified in t he solici tati on, the offeror may propose t o provide any item
or combination of items .
(3) It is the only proposal received .
(B} However, a l ate 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 .
(iii ) Acceptable evidence to establish t he time of receipt at the Government installation
i ncludes t he t i me/date st amp of that ins t a l l at i on on the proposal wr apper,
other documentary
evidence of receipt maintained by the installation, or oral testimony or statements of Government
personnel .
(iv) If an emergency or unanticipated event interrupts
normal Government processes so that
proposal s ca nnot
be r e ceived at t he of fice designated for receipt of
proposal s by the exact
time specified in the solicitation, and urgent Government requirements precl ude amendment of the
sol i cit ation, the time specif i e d for r ecei pt of pr oposa l s wi l l be deeme d to be extended to the
same time of day specified in the sol icitation on the first work day on which normal
Government
processes resume .
(v) Proposals may be withdrawn by written noti ce received at any time before award . Oral
proposals in response to oral solicitations may be withdrawn orally . If the solicitation authorizes
facsimile proposal s , proposals
may be withdrawn vi a f acsi mile r eceived at any time before award,
subject to the conditions specified in
t he provision at 52 . 215-5, Facsimile Proposals .
Proposals
may be withdrawn i n person by an offerer or
an authorized representative, if the i dentity of the
person requesting withdrawal is established and the person signs a receipt for the proposal before
award .
(5 ) Offerers shall submit proposals in response to this sol icitation in English, unless otherwise
permitted by the solicitation, and i n O. S. dollars , unless t he
provision at FAR 52 . 225-17,
Evaluati on of Forei gn Currency Of fers , is incl uded i n t he sol i citat ion .
(6 ) Offerers may submit modifications to t heir proposals at
any time before t he solicitation
c l os i ng date and t i me ,
and may s ubmit modi ficat ions i n response to an amendment , o r to correct a
mistake at any time before award .
(7 ) Offerer s may s ubmit revi sed pr oposal s only i f r equested
or a l l owed by the Contract i ng
Officer .
(8 ) Pr oposal s may be withdrawn at any t i me be f or e award.
Wi t hdrawa l s a r e e f f ective upon receipt
of notice by the Contracting Officer .
Ose or disclosure of data contained on t hi s sheet is subject to the restr icti on on the t i t le page
of this proposal .
(d ) "Offer expiration date . " Proposals i n response to this solicitation will be valid for the
number of days specified on the
solicitati on cover s heet (unl ess a different period is proposed by
the offerer} .
(e ) "Restriction on disclosure and use of data . " Offerers that
i nclude i n their p roposals data
that they do not want disclosed to the public for any purpose, or used by the Government except for
evaluation purposes , s hall -­
(1 ) Mark the title page with the fol lowing l egend :
This proposal incl udes data t hat shall not be disclosed outside the Government and shall not be
duplicated, used, or di scl osed-in whol e or in part-for any purpose other
than to evaluate thi s
proposal . If, however, a contract is awarded to t his offerer as a result of-or i n connection with-
t he s ubmissi on of t his data , the Government shal l
have t he r ight to duplicate, use, or disclose
t he data to t he extent provided i n the resulting contract . This restriction does not limit the
Government ' ' s r i ght t o use inf o r mation cont ained in thi s data i f i t is obtained
from another sour ce
without restriction . The data subject to this restriction are contained in sheets [insert numbers or
other i dentifi cation of sheets] ; and
(2 ) Mark each sheet of data it wishes to restrict with the fol l owing legend :
(f) "Contract awa r d . "
PAGE 33 OF 59 HHM402-08-C-0072