(c) With respect to each item (or sub-item or lot, as applicable), the bidder may submit a separate offer (by separate attachment to the solicitation and offer, if necessary) for each alternate delivery schedule shown in paragraph (a) above. If the bidder proposes alternate delivery schedules and a different price is to apply to each alternate delivery schedule offered, the bidder is advised to clearly set forth the price or prices applicable to each delivery schedule as offered. Failure to state otherwise will be construed to mean that the price shown in the schedule applies to each alternate delivery schedule offered. In this respect, the Government reserves the right, in accordance with FAR requirements, to reject any bid where the price is unreasonable. Accordingly, if the price bid includes substantial extras for delivery within an early alternate delivery period, it is recommended that the bidder also submit a price for a later alternate delivery period shown.
(d) If the delivery schedule offered as to any item (or sub-item or lot, as applicable) falls within two or more of the alternate delivery schedules shown under paragraph (a), then the following will apply:
(1) If a quantity offered within a single alternate delivery schedule is capable of separate award, that quantity will be separately evaluated.
(2) If a quantity offered within a single alternate delivery schedule is not capable of separate award, the entire quantity will be evaluated in the latest alternate delivery schedule in which any portion of the quantity falls.
(e) If a bidder fails to indicate the delivery schedule which he is offering, the last alternate delivery schedule shown under paragraph (a) shall be deemed to apply.
(f) If the delivery offered falls within an alternate delivery schedule, but is for a date prior to the last date shown in that alternate, the Government reserves the right to award either in accordance with the delivery schedule offered or in accordance with the alternate delivery schedule in which the offered delivery date falls.
(g) Quantities offered for delivery beyond the last alternate delivery schedule shown in paragraph (a) above will not be considered for award.
(h) The FAR provision 52.214-10 provides that a written award mailed or otherwise furnished to the successful bidder results in a binding contract. Any award hereunder, or a preliminary notice thereof, will be mailed or otherwise furnished to the bidder the day the award is dated. Therefore, in computing the time available for performance, the bidder should take into consideration the time required for the notice of award to arrive through the ordinary mails. However, a bid offering delivery based on date of receipt by the Contractor of the contract or notice of award (rather than the contract date) will be evaluated by adding five days for delivery of the award through the ordinary mails. If, as so computed, the delivery date offered is later than the delivery date required in the Invitation, the bid will be considered non-responsive and rejected.
PARAGRAPHS (i) AND (j) BELOW APPLY WHERE A BID PRICE LOWER THAN THE AWARD PRICE IS RECEIVED FOR A LATER ALTERNATE DELIVERY SCHEDULE
(i) Liquidated damages shall be imposed, in the manner set forth in paragraph (h) of the clause entitled “Default” (as shown under paragraph (j) of this clause), at a rate computed in accordance with (1) below, subject, however, to the maximum limitation stated in (2) below.
(1) The contract unit price, less the lowest unit price offered under the solicitation for delivery within an alternate delivery schedule later than the alternate delivery schedule for which the award is made, shall be divided by the number which represents the difference in number of days between the alternate delivery schedule for which said lowest price was offered and the alternate delivery schedule for which the award is made.
(2) As to any article, liquidated damages shall not exceed 100% of the difference between the contract unit price and the lowest unit price offered under the solicitation for an alternate delivery schedule later than for which the award is made. To the extent applicable, evaluation factors for transportation and discount will be included in the described computation.
(j) Paragraph (h) of the clause entitled “Default (Fixed-Price Supply and Service),” FAR 52.249-8 is redesignated as paragraph (i), and the following is added as paragraph (h):
“(h) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, or any extension thereof, the actual damage to the Government for the delay will be difficult or impossible to determine. Therefore, in lieu of actual damages, the Contractor shall pay to the Government as fixed, agreed, and liquidated damages for each calendar day of delay, the amount set forth elsewhere in this contract. Alternatively, the Government may terminate this contract in whole or in part as provided in paragraph (a) of this clause, and in that event the Contractor shall be liable, in addition to the excess costs provided in paragraph (b) above, for such liquidated damages accruing until such time as the Government may reasonably obtain delivery or performance of similar supplies or services. The Contractor shall not be charged with liquidated damages when the delay arises out of causes beyond the control and without the fault or negligence of the Contractor, as defined in paragraph (c) above, and in such event, subject to the “Disputes” clause, the Contracting Officer shall ascertain the facts and extent of the delay and shall extend the time for performance of the contract when in his judgment the findings of fact justify an extension.
(End of provision)
