The ____________________ section contains information about the bid procedure.

Traveler reimbursement is based on the location of the work activities and not the accommodations, unless lodging is not available at the work activity, then the agency may authorize the rate where lodging is obtained.

Unless otherwise specified, the per diem locality is defined as "all locations within, or entirely surrounded by, the corporate limits of the key city, including independent entities located within those boundaries."

Per diem localities with county definitions shall include"all locations within, or entirely surrounded by, the corporate limits of the key city as well as the boundaries of the listed counties, including independent entities located within the boundaries of the key city and the listed counties (unless otherwise listed separately)."

When a military installation or Government - related facility(whether or not specifically named) is located partially within more than one city or county boundary, the applicable per diem rate for the entire installation or facility is the higher of the rates which apply to the cities and / or counties, even though part(s) of such activities may be located outside the defined per diem locality.

Solicitations and contracts for the acquisition of commercial products or commercial services prepared using this shall be assembled, to the maximum extent practicable, using the following format:

      (a) Standard Form (SF) 1449;

      (b) Continuation of any block from SF 1449, such as-

           (1) Block 10 if an incentive subcontracting clause is used (the contracting officer shall indicate the applicable percentage);

           (2) Block18 B for remittance address;

           (3) Block19 for line item numbers;

           (4) Block20 for schedule of supplies/services; or

           (5) Block25 for accounting data;

      (c) Contract clauses-

           (1) , Contract Terms and Conditions-Commercial Products and Commercial Services, by reference (see SF 1449 block27 a);

           (2) Any addendum to ; and

           (3) , Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services.

      (d) Any contract documents, exhibits or attachments; and

      (e) Solicitation provisions-

           (1) , Instructions to Offerors-Commercial Products and Commercial Services, by reference (see SF 1449, Block27 a);

           (2) Any addendum to ;

           (3) , Evaluation-Commercial Products and Commercial Services, or other description of evaluation factors for award, if used; and

           (4) , Offeror Representations and Certifications-Commercial Products and Commercial Services.

      (a) The acceptance paragraph in is based upon the assumption that the Government will rely on the contractor’s assurances that the commercial product or commercial service tendered for acceptance conforms to the contract requirements. The Government inspection of commercial products or commercial services will not prejudice its other rights under the acceptance paragraph. Additionally, although the paragraph does not address the issue of rejection, the Government always has the right to refuse acceptance of nonconforming items. This paragraph is generally appropriate when the Government is acquiring noncomplex commercial products and commercial services.

      (b) Other acceptance procedures may be more appropriate for the acquisition of complex commercial products or commercial services, or commercial products or commercial services used in critical applications. In such cases, the contracting officer shall include alternative inspection procedure(s) in an addendum and ensure these procedures and the postaward remedies adequately protect the interests of the Government. The contracting officer must carefully examine the terms and conditions of any express warranty with regard to the effect it may have on the Government’s available postaward remedies (see ).

      (c) The acquisition of commercial products or commercial services under other circumstances such as on an "as is" basis may also require acceptance procedures different from those contained in . The contracting officer should consider the effect the specific circumstances will have on the acceptance paragraph as well as other paragraphs of the clause.

      (a) General. The clause at permits the Government to terminate a contract for commercial products or commercial services either for the convenience of the Government or for cause. However, the paragraphs in entitled "Termination for the Government’s Convenience" and "Termination for Cause" contain concepts which differ from those contained in the termination clauses prescribed in . Consequently, the requirements of do not apply when terminating contracts for commercial products or commercial services and contracting officers shall follow the procedures in this section. Contracting officers may continue to use as guidance to the extent that does not conflict with this section and the language of the termination paragraphs in .

      (b) Policy. The contracting officer should exercise the Government’s right to terminate a contract for commercial products or commercial services either for convenience or for cause only when such a termination would be in the best interests of the Government. The contracting officer should consult with counsel prior to terminating for cause.

      (c) Termination for cause.

(1) The paragraph in entitled "Excusable Delay" requires contractors notify the contracting officer as soon as possible after commencement of any excusable delay. In most situations, this requirement should eliminate the need for a show cause notice prior to terminating a contract. The contracting officer shall send a cure notice prior to terminating a contract for a reason other than late delivery.

           (2) The Government’s rights after a termination for cause shall include all the remedies available to any buyer in the marketplace. The Government’s preferred remedy will be to acquire similar items from another contractor and to charge the defaulted contractor with any excess reprocurement costs together with any incidental or consequential damages incurred because of the termination.

           (3) When a termination for cause is appropriate, the contracting officer shall send the contractor a written notification regarding the termination. At a minimum, this notification shall-

                (i) Indicate the contract is terminated for cause;

                (ii) Specify the reasons for the termination;

                (iii) Indicate which remedies the Government intends to seek or provide a date by which the Government will inform the contractor of the remedy; and

                (iv) State that the notice constitutes a final decision of the contracting officer and that the contractor has the right to appeal under the Disputes clause (see ).

           (4) The contracting officer, in accordance with agency procedures, shall ensure that information related to termination for cause notices and any amendments are reported. In the event the termination for cause is subsequently converted to a termination for convenience, or is otherwise withdrawn, the contracting officer shall ensure that a notice of the conversion or withdrawal is reported. All reporting shall be in accordance with (h).

      (d) Termination for the Government’s convenience.

(1) When the contracting officer terminates a contract for commercial products or commercial services for the Government’s convenience, the contractor shall be paid-

                (i)

(A) The percentage of the contract price reflecting the percentage of the work performed prior to the notice of the termination for fixed-price or fixed-price with economic price adjustment contracts; or

                     (B) An amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the Schedule; and

                (ii) Any charges the contractor can demonstrate directly resulted from the termination. The contractor may demonstrate such charges using its standard record keeping system and is not required to comply with the cost accounting standards or the contract cost principles in . The Government does not have any right to audit the contractor’s records solely because of the termination for convenience.

           (2) Generally, the parties should mutually agree upon the requirements of the termination proposal. The parties must balance the Government’s need to obtain sufficient documentation to support payment to the contractor against the goal of having a simple and expeditious settlement.

      (a) Implied warranties. The Government’s post award rights contained in are the implied warranty of merchantability, the implied warranty of fitness for particular purpose and the remedies contained in the acceptance paragraph.

           (1) The implied warranty of merchantability provides that an item is reasonably fit for the ordinary purposes for which such items are used. The items must be of at least average, fair or medium-grade quality and must be comparable in quality to those that will pass without objection in the trade or market for items of the same description.

           (2) The implied warranty of fitness for a particular purpose provides that an item is fit for use for the particular purpose for which the Government will use the items. The Government can rely upon an implied warranty of fitness for particular purpose when-

                (i) The seller knows the particular purpose for which the Government intends to use the item; and

                (ii) The Government relied upon the contractor’s skill and judgment that the item would be appropriate for that particular purpose.

           (3) Contracting officers should consult with legal counsel prior to asserting any claim for a breach of an implied warranty.

      (b) Express warranties. 41 U.S.C.3307(e)(5)(B) requires contracting officers to take advantage of commercial warranties. To the maximum extent practicable, solicitations for commercial products shall require offerors to offer the Government at least the same warranty terms, including offers of extended warranties, offered to the general public in customary commercial practice. Solicitations may specify minimum warranty terms, such as minimum duration, appropriate for the Government’s intended use of the item.

           (1) Any express warranty the Government intends to rely upon must meet the needs of the Government. The contracting officer should analyze any commercial warranty to determine if-

                (i) The warranty is adequate to protect the needs of the Government, e.g., items covered by the warranty and length of warranty;

                (ii) The terms allow the Government effective postaward administration of the warranty to include the identification of warranted items, procedures for the return of warranted items to the contractor for repair or replacement, and collection of product performance information; and

                (iii) The warranty is cost-effective.

           (2) In some markets, it may be customary commercial practice for contractors to exclude or limit the implied warranties contained in in the provisions of an express warranty. In such cases, the contracting officer shall ensure that the express warranty provides for the repair or replacement of defective items discovered within a reasonable period of time after acceptance.

           (3) Express warranties shall be included in the contract by addendum (see ).

      (a) The FAR prescription for the provision or clause for each of the laws listed in has been revised in the appropriate part to reflect its proper application to prime contracts for the acquisition of commercial products or commercial services.

      (b) For subcontracts for the acquisition of commercial products or commercial services, the clauses at , Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services, and , Subcontracts for Commercial Products and Commercial Services, reflect the applicability of the laws listed in by identifying the only provisions and clauses that are required to be included in a subcontract at any tier for the acquisition of commercial products or commercial services.

      (c) The FAR prescription for the provision or clause for each of the laws listed in has been revised in the appropriate part to reflect its proper application to contracts and subcontracts for the acquisition of COTS items.

      (a) The following laws are not applicable to Executive agency contracts for the acquisition of commercial products or commercial services:

           (1) 10 U.S.C. 983, Institutions of Higher Education that Prevent ROTC Access or Military Recruiting on Campus: Denial of Grants and Contracts from Department of Defense, Department of Education, and Certain Other Departments and Agencies (see ).

           (2) 31 U.S.C. 1354(a), Limitation on Use of Appropriated Funds for Contracts with Entities Not Meeting Veterans' Employment Reporting Requirements (see ).

           (3) 41 U.S.C. 1708(e)(3), Minimum Response Time for Offers (see ).

           (4) 41 U.S.C. 2303(b), Policy on Personal Conflicts of Interest by Contractor Employees (see ).

           (5) 41 U.S.C. 3901(b) and 10 U.S.C. 3321(b), Contingent Fees (see ).

           (6) 41 U.S.C. 4706(d)(1) and 10 U.S.C. 3841(d)(1), GAO Access to Contractor Employees, section 871 of Public Law 110-417 (see and ).

           (7) 41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $10,000 (see subpart 22.6).

           (8) 41 U.S.C. chapter 81, Drug-Free Workplace (see ).

           (9) Section 806(a)(3) of Public Law 102-190, as amended by sections 2091 and 8105 of Public Law 103-355 ( 10 U.S.C. 4601 note prec.), Payment Protections for Subcontractors and Suppliers (see ).

           (10) 15 U.S.C. 644(w), Solicitation Notice Regarding Administration of Change Orders for Construction (see ).

      (b) Certain requirements of the following laws are not applicable to executive agency contracts for the acquisition of commercial products and commercial services:

           (1) 22 U.S.C. 2593e, Requirement for a certification under Measures Against Persons Involved in Activities that Violate Arms Control Treaties or Agreements with the United States (see ).

           (2) 40 U.S.C.chapter 37, Requirement for a certificate and clause under the Contract Work Hours and Safety Standards statute (see ).

           (3) 41 U.S.C.8703 and 8703, Requirement for a clause and certain other requirements related to kickbacks (see ).

           (4) 49 U.S.C.40118, Requirement for a clause under the Fly American provisions (see ).

      (c) The applicability of the following laws have been modified in regard to Executive agency contracts for the acquisition of commercial products and commercial services:

           (1) 41 U.S.C.4704 and 10 U.S.C. 4655, Prohibition on Limiting Subcontractor Direct Sales to the United States (see ).

           (2) 41 U.S.C.chapter 35, and 10 U.S.C. chapter 271, Truthful Cost or Pricing Data (see ).

           (3) 41 U.S.C.chapter 15, Cost Accounting Standards (48 CFR Chapter 99) (see ).

      (a) The following laws are not applicable to subcontracts at any tier for the acquisition of commercial products or commercial services at any tier:

           (1) 10 U.S.C.2631, Transportation of Supplies by Sea (except for the types of subcontracts listed at (d)).

           (2) 15 U.S.C.644(d), Requirements relative to labor surplus areas under the Small Business Act (see ).

           (3) [Reserved]

           (4) 41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $10,000 (see ).

           (5) 41 U.S.C.4703, Validation of Proprietary Data restrictions (see ).

           (6) 41 U.S.C.3901(b) and 10 U.S.C. 3321(b), Contingent Fees (see ).

           (7) 41 U.S.C.4706(d) and 10 U.S.C. 3841(d), Examination of Records of Contractor, when a subcontractor is not required to provide certified cost or pricing data (see (b)), unless using funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

           (8) 41 U.S.C.1708(e)(3), Minimum Response Time for Offers (see ).

           (9) 41 U.S.C.2302, Rights in Technical Data (see ).

           (10) 41 U.S.C.chapter 81, Drug-Free Workplace Act (see ).

           (11) 46 U.S.C.App.1241(b), Transportation in American Vessels of Government Personnel and Certain Cargo (see ) (except for the types of subcontracts listed at (d)).

           (12) 49 U.S.C.40118, Fly American provisions (see ).

           (13) Section 806(a)(3) of Pub. L. 102-190, as amended by Sections 2091 and 8105 of Pub. L. 103-355 ( 10 U.S.C. 4601 note prec.), Payment Protections for Subcontractors and Suppliers (see ).

      (b) The requirements for a certificate and clause under the Contract Work Hours and Safety Standards statute, 40 U.S.C.37, (see ) are not applicable to subcontracts at any tier for the acquisition of commercial products or commercial services or commercial components.

      (c) The applicability of the following laws has been modified in regard to subcontracts at any tier for the acquisition of commercial products or commercial services:

           (1) 41 U.S.C.4704 and 10 U.S.C. 4655, Prohibition on Limiting Subcontractor Direct Sales to the United States (see ).

           (2) 41 U.S.C.chapter 35, and 10 U.S.C. chapter 271, Truthful Cost or Pricing Data (see ).

           (3) 41 U.S.C.chapter 15, Cost Accounting Standards (48 CFR Chapter 99) (see ).

COTS items are a subset of commercial products. Therefore, any laws listed in sections and are also inapplicable or modified in their applicability to contracts or subcontracts for the acquisition of COTS items. In addition, the following laws are not applicable to contracts for the acquisition of COTS items:

Which section contains the information about the bid procedure?

What type of information is found in the instructions to bidders?

What is the bid quizlet?