Demolition/Abatement Constracts (Folders 1-2)

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Chapter 4:~Methods of Selection http://w~vw.fta.dot.gov/fta/library/admin/BPPman/sect 40.htm 33 - A very helpful item to include with your solicitation package is an address label which includes the exact address you want offers mailed to and a separate address label which includes your street address and room number for offers that are delivered to you. With these labels, offerors can affix the applicable one to their offer and you will be assured it is coming to the right place. It is also a good idea for you to include the solicitation number on the labels which is of aid to your mailroom and your staff responsible for receipt of offers. 34 - These representations and certifications have legal significance that should not be overlooked by either the offeror or the agency. The offeror certifies, for instance, that it is not presently debaned or suspended by any federal agency. The contracting officer can rely on that certification and does not have to "look behind it" in determining the firm's responsibility. If it is later discovered that the firm was in fact debarred by a federal agency, it has made a false certification. There are administrative sanctions that can be imposed (contract terminated for default) and possible criminal sanctions under either federal or stat~ laws (or both) for submitting a false statement. 35 - This certification is discussed in more detail in Section 4.3.3.2.3. "Lobbying Certification." 36 - This certification is discussed in mare detail in Section 4.3.3.2.1. "Certification Regarding Debarment, Suspension, and Other Responsibilitv Matters." 37 - This certification is discussed in more detail in Section 4.3.3.2.2, "Buy America Certification." 38 ' Solicitation amendments are discussed in more detail in Section 4.3.2.5, "Amendment of Solicitations." 39 - If you cannot identify who the offeror is in this situation without opening the bid or proposal, it is recommended that you open it in the presence of a witness. Write down the name and address of the offeror only, and reseal the envelope or package. Return it to the offeror with a cover letter that the package was opened only so the offeror could be identified. It is also recommended that a memorandum to the file be made by you and your witness describing what happened and why. You might want to copy the outside of the envelope to show no identification but it is recommended that no copies be made of any of the of~er documentation. 40 - See Section 9.2 ~future sectionJ, "Changes" for a more general discussion of the costs of changes. 41- See also the discussion of timetiness in Section 4.4.2, "Bid Opening." 42 - As a matter of reference, your attention is invited to FAR §§ 52.214-7 and 52.215-i0 for language addressing late submissions, madifications, and withdrawals of offers that is incorporated in FAR-covered solicitations for IFBs and RFPs respectively. For commentary in the FAR itself relating to those solicitation clauses, see FAR §§ 14.304 and 15.412 respectively. Primarily because of the body of law that has developed interpreting these ct~uses, many transit properties have either adopted this language or have modified it slightly to meet their individual requirements. 43 - Some practitioners erroneously refer to the consequences of a late offer as one of "non-responsiveness." In fact, you never open the offer (unless needed to for identification purposes) and thus cannot determine whether it is responsive to the material requirements of the solicitation (the general 41 of45 01/10/97 13:09:55