Separate sealed BIDS for the construction of (briefly describe
nature, scope, and major elements of the work) ___________________________
will be received by ______________________________________________________
at the office of _________________________________________________________
until _______, (Local Time)____________________, 19 ______, and then at
said office publicly opened and read aloud.
The CONTRACT DOCUMENTS may be examined at the following locations:
Copies of the CONTRACT DOCUMENTS may be obtained at the office of
_____________________ located at _________________________________________
upon payment of $ _______ for each set.
(2-16-83) PN 869
RD Instruction 1924-A
Guide 1, Attachment 1
Any BIDDER, upon returning the CONTRACT DOCUMENTS promptly and in
good condition, will be refunded the payment, and any non-bidder upon so
returning the CONTRACT DOCUMENTS will be refunded $_______________.
All contracts exceeding $10,000 shall contain a provision requiring
compliance with Executive Order 11246, entitled, "Equal Employment
Opportunity," as amended by Executive Order 11375 and as supplemented in
Department of Labor regulations (41 CFR Part 60).
RD Instruction 1924-A
ATTACHMENT TO AIA DOCUMENT A701-1997, INSTRUCTIONS TO BIDDERS
The provisions of this Attachment shall delete, modify and supplement the provisions contained in the "Instructions to Bidders,” AIA Document A701-1997 Edition. The provisions contained in this Attachment will supersede any conflicting provisions of the AIA Document. The term "Agency,” as used in this Attachment, means the United States of America, acting through the United States Department of Agriculture.
ARTICLE 2, BIDDER'S REPRESENTATIONS
Add the following subparagraph:
2.1.5 This Bid has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this Bid with any other Bidder or with any competitor.
ARTICLE 4, BIDDING PROCEDURES
Add the following to subparagraph 4.1.1:
Only one copy of the Bid is to be submitted.
Delete subparagraph 4.2.1 and substitute the following:
4.2.1 Each Bid must be accompanied by a Bid Bond payable to the Owner for five percent of the total amount of the Bid.
Delete subparagraph 4.2.2 and substitute the following:
4.2.2 The Bid Bond shall be written on a form identical to that included in the Bidding Documents, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney.
Add the words “payment and performance” before the word “bonds”; and add the following to subparagraph 4.2.3:
As soon as the Bid prices have been compared, the Owner will return the Bonds of all except the three lowest responsible Bidders. When the Agreement is executed, the bonds of the two remaining unsuccessful bidders will be returned. The Bid Bond of the successful Bidder will be retained until the Payment Bond and Performance Bond have been executed and approved, after which it will be returned.
(08-26-98) PN 296
RD Instruction 1924-A
Add the following to subparagraph to paragraph 4.2:
4.2.4 In the case of failure of the Bidder to execute the Agreement and obtain the Performance Bond and Payment Bond within the agreed time, the Owner may consider the Bidder in default, in which case the Bid Bond accompanying the bid shall become the property of the Owner.
Add the following subparagraphs to paragraph 4.3:
4.3.5 All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the Project shall apply to the Contract throughout.
4.3.6 The Bidder agrees to abide by the requirements under Executive Order No. 11246, as amended, including specifically the provisions of the Equal Opportunity Clause and the Standard Federal Equal Employment Opportunity Construction Contract Specifications set forth in the Supplementary Conditions.
4.3.7 Further, the Bidder agrees to abide by the requirements of section 319 of Public Law 101-121, which pertains to lobbying activities and applies to the recipients of contracts or subcontracts that exceed $100,000 at any tier under a Federal loan that exceeds $150,000 or a Federal Grant that exceeds $100,000. Each Bid shall be accompanied by a completed lobbying certification form identical to that included in the Bidding Documents.
4.3.8 The Bidder agrees to abide by the requirements under 7 C.F.R. part 3017, which pertains to the debarment or suspension of a person from participating in a Federal program or activity. Each Bid exceeding $25,000 shall be accompanied by a relevant completed certifications form identical to that included in the Bidding Documents.
Delete subparagraph 4.4.1 and substitute the following:
4.4.1 No Bidder may withdraw, modify or cancel a Bid within 60 calendar days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the Bidder, and the concurrence of the Agency.
Delete the words ", if required," from subparagraph 4.4.4.
RD Instruction 1924-A
ARTICLE 5, CONSIDERATION OF BIDS
Delete subparagraph 5.3.2 and substitute the following:
5.3.2 The Owner shall have the right to accept Alternates in the sequence listed and to determine the low Bidder on the basis of the sum of the Base Bid and the Alternates accepted.
ARTICLE 7, PERFORMANCE BOND AND PAYMENT BOND
Delete subparagraph 7.1.1 and substitute the following:
7.1.1 Prior to execution of the Contract, the Bidder shall furnish bonds covering the faithful performance of the Contract and the payment of any obligations arising thereunder in such form and amount as the Owner may prescribe. Both bonds shall be separately written, each in the amount of the contract sum. The cost shall be included in the Bid.
Delete subparagraph 7.1.2 and substitute the following:
7.1.2 Surety companies executing bonds must hold a certificate of authority as an acceptable surety on Federal Bonds as listed in Treasury Circular 570, as amended, and be authorized to transact business in the State where the Project is located.
Delete subparagraph 7.1.3.
Delete subparagraph 7.2.1 and substitute the following:
7.2.1 The party to whom the Contract is awarded will be required to execute the Agreement and obtain a Performance Bond and Payment Bond within ten (10) calendar days from the date when the Notice of Award is delivered to the Bidder. The Notice shall be accompanied by the necessary Agreement and Bond forms.
Delete subparagraph 7.2.2 and substitute the following:
7.2.2 The bonds shall be written on forms identical to those included in the Bidding Documents.
(NOTE: Any additional provisions that are necessary to remain effective after execution of the Contract for Construction will be inserted here and continue in the same format.)