John Company

AAWSAP Solicitation and Original Order, September 2008

DOW-UAP-D111 · page 34 of 59

Page 34 of 59 of DOW-UAP-D111

Text

This text came with the file. It may have mistakes. When the text and the image disagree, the image is right.

(1) The Government i ntends to award a contract or contracts resulting from this solicitation
to the responsible offeror (s ) whose proposal(s) represents the best value after evaluation in
accordance with the factors and
subfactors in the soli citation .
(2) The Government may reject any or all proposals if such action is in the Government ' ' s
interest .
(3) The Government may waive informalities and minor
irregularities in proposal s received .
(7) Exchanges with offerors after receipt of a proposal do not constitute a rejecti on or
counteroffer by the
Government .
(4 ) The Government i ntends to evaluate proposals and award a
contract without discussions with
offerors (except clarifications as described in FAR 15 . 306(a)). Therefore, the offeror ' ' s initial
proposal should contain the
offeror ' ' s best terms from a cost or price and techni cal standpoint .
The Government reserves t he right to conduct discussions if t he Contracting Officer later determines
them to be necessary . If the Contracting Officer determines that the number of proposals that would
otherwise be in the competitive range e xceeds the number at which an efficient competition can be
conducted, the Contracting Officer may limit the number of proposals in the competitive range to the
greatest number t hat will permit an efficient competition among t he most highly rated proposals.
(5) The Government reserves the right to make an award on
any item for a quanti ty less than the
quantity offered,
at the unit cost or prices offered, unless the offerer specifies otherwise in the
proposal .
(6) The Government reserves the right to make multiple awards if, after considering the additional
administrative costs, it i s in the Government ' ' s best interest to do so .
(8) The Government may determine that a proposal is unacceptable if the prices proposed are
materi ally unbalanced between line items or subline i tems . Unbalanced pricing exists when, despite
an acceptable total evaluated price, the price of one or more contract line items is significantly
overstated or understated as indicated by the appl ication of cost or pr ice analysi s techni ques . A
proposal may be rejected if the Contracting Officer determines that the lack of balance poses an
unaccept abl e r i sk to the Government .
(9) If a cost realism analysis is performed, cost realism may be considered by the source
selection authority i n
evaluating performance or schedule risk .
(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful
offeror within the time specified in the proposal shall result in a binding contract without further
action by either party .
(11) If a post-award debriefing is given to requesting offerers , the Government shall disclose
the following information, if applicable :
(i) The agency ' ' s evaluation of the significant weak or deficient factors in the debriefed
offeror ' ' s offer .
(ii) The overall evaluated cost or price and technical
rating of the successful and the
debriefed offeror and past performance information on the debriefed offeror .
(i ii) The overall ranking of all offerors , when any ranking was developed by the agency during
source selection .
(iv) A s ummary of the rationale for award.
(v) For acquisitions of commercial items, the make and model of the item to be delivered by the
s uccessful offerer
(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether
source-selecti on
procedures set forth in the solicitation, applicable regulations, and other
applicable authorities were
followed by the agency .
(End of Provision)
I . 34
52 . 216-18
ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of
delivery orders or task orders by the individuals or activities designated in the Schedule . Such
orders may be issued from
through
(b) All delivery orders or task orders are subject to the terms
and conditions of this contract . In
t he event of conflict between
a delivery order or task order and this contract , t he contract shall
control .
(c) If mailed, a delivery order or task order is considered
"issued " when the Government deposits
the order in the mail . Orders may be issued orally, by facsimile , or by electronic commerce
methods
only if authorized in the Schedule .
(End of Clause)
I . 35
52 . 216-19
ORDER LIMITATIONS {OCl,AW~JoF 59 HHM402.08.c.0072