59--Sale of Salvaged/Surplus Hearing Aids, Parts, and Accessories

SEALED BID: SALVAGED/SURPLUS HEARING AID PARTS AND ACCESSORIES SALE NO: BID OPENING - DATE/TIME: March 10, 2015 1:30 PM Mountain Standard Time BID OPENING - LOCATION: DEPARTMENT OF VETERANS AFFAIRS DENVER ACQUISITION & LOGISTICS CENTER 555 CORPORATE CIRCLE ROOM 223 Conference Room GOLDEN, CO 80401 INSPECTION - DATE/TIME February 24 - 26, 2015 Between 9:00am and 3:00pm Local Time DEPARTMENT OF VETERANS AFFAIRS DENVER ACQUISITION & LOGISTICS CENTER 555 CORPORATE CIRCLE ROOM 223 Conference Room GOLDEN, CO 80401 INSPECTION BY APPOINTMENT ONLY RETURN WITH BID SALE OF GOVERNMENT PROPERTY-BID AND AWARD INVITATION FOR BIDS NO. VA791-15-b-0011 PAGE NO. 21 FORM APPROVED OMB NO. See Below ISSUED BY CONTRACTING (049A2-4C), VA DENVER ACQUISITION AND LOGISTIC CENTER, PO BOX 25166, DENVER, COLORADO 80225-0166 ADDRESS YOUR BID TO (SEE PAGE 5, Paragraph 4 ) FOR INFORMATION CONTACT (Name & tel. no.) Steve Wilson (303)2734-6215 OR EMAIL contact@example.gov BIDS WILL BE OPENED AT (Place, date and time) VA DENVER ACQUISITION AND LOGISTICS CENTER, 555 Corporate Circle, ROOM 223 Conference Room, Golden, CO 80401 March 10, 2015 1:30 Local Time ______________________________________________SEALED BIDS_________________________________________________ One (1) copy of Sealed bids for purchasing any or all items listed on the accompanying schedule will be received at the place designated above until the date and time specified above and at that time publicly opened. (Copies of these forms, if not attached, are on file at the issuing office and are available upon request) Bidder is required to pay for any or all of the items listed on the Item Bid pages(s) as part of this Bid, at the price sent opposite each item. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ _______________________________________________SUBJECT TO_________________________________________________ (1) SF 114C, General Sale Terms and Conditions Attached (2) Other Special Terms and Conditions Attached (3) Bidder is required to pay for any or all of the items listed on the Item Bid page(s) as part of this Bid, at the price set opposite each item, within 7 calendar days after date of award, and to remove the property within 14 calendar days after date of award by the Government. BID (This.5ection to be completed by the Bidder) In compliance with the above, the undersigned offers and agrees, if this Bid is accepted within calendar days (60 calendar days if no period is specified by the Government or the Bidder, but not less than 10 calendar days in any case) after date of Bid opening, to pay for and remove the property. The total amount of the Bid(s) is $ and attached is the bid deposit, when required by the Invitation, in the form(s) of , in the amount of $ . (BID DEPOSIT NOT REQUIRED) BIDDER REPRESENTS THAT: (Check appropriate boxes) (1) He/She 0 has, 0 has not, inspected the property on which he/she is bidding. (2) He/She 0 is, 0 is not, an 0 individual or a 0 small business concern. (See CFR, Title 13, Chapter I Part 121, See. 121.3-9, for the definition of small business.) (Complete the following only if the total amount of the bid(s) exceeds $25,000) (3) (a) He/She 0 has, 0 has not, employed or retained any company or person (other than a full-time, bona fide employee working solely for the Bidder) to solicit or secure this contract, and (b) He/she 0 has, 0 has not, paid or agreed to pay any company or person (other than a full-time, bona fide employee working solely for the Bidder) any fee, commission, percentage or brokerage fee, contingent upon or resulting from the award of this contract; and (c) Bidder agrees to furnish information relating to (a) and (b), above, as requested by the Contracting Officer. (For interpretation of the representation, including the term "bona fide employee," see CFR, Title 41, Subpart 101-45.3.) NAME AND ADDRESS OF BIDDER (Street. city, state & ZIP Code) (Type or print) SIGNATURE OF PERSON AUTHORIZED TO SIGN THIS BID TELEPHONE NUMBER: BIDDER IDENTIFICATION NO. (If applicable) : SIGNER'S NAME & TITLE (73W or print DATE OF BID ACCEPTANCE BY THE GOVERNMENT (This section for Government use only) ACCEPTED AS TO ITEM(S) NUMBERED UNITED STATES OF AMERICA BY (Contracting Office) DATE OF ACCEPTANCE TOTAL AMOUNT CONTRACT NUMBER(S) NAME AND TITLE OF CONTRACTING OFFICER 114-109 * U.S. Government Printing Office: 1986-491-248140092 STANDARD FORM 114 (Rev. 5-78) Prescribed by GSA FPMA (41 CFR) 101-45.3 RETURN WITH BID INVITATION FOR BID NO. VA791-15-B-0011 BID SCHEDULE SALE OF GOVERNMENT PROPERTY - ITEM BID PAGE - SEALED BID LOT DESCRIPTION APPROX. WEIGHT APPROX. QUANTITY BID PRICE Lot 1 1 box BTE hearing aids 20 lbs. 11 oz 2,648 $ Lot 2 1 box BTE hearing aids 20 lbs. 5 oz 2,096 $ Lot 3 1 box BTE hearing aids 21 lbs. 8.5 oz 2,646 $ Lot 4 1 box ITE hearing aids 18 lbs. 2.5 oz 3,057 $ Lot 5 1 box ITE hearing aids 17 lbs. 11 oz 2,358 $ Lot 6 1 box ITE hearing aids 17 lbs. 3.5 oz 2,623 $ Lot 7 1 box ITE hearing aids 16 lbs. 15.5 oz 2,360 $ Lot 8 1 box ITE hearing aids 17 lbs. 12 oz 2,989 $ Lot 9 1 box ITE hearing aids 17 lbs. 10 oz 2,968 $ Lot 10 1 box remote controls & power supplies 35 lbs. 1.5 oz 323 $ Lot 11 1 box remote controls & power supplies 33 lbs. 0.5 oz 222 $ Lot 12 1 box remote controls & power supplies 32 lbs. 3 oz 260 $ Lot 13 1 box remote controls & power supplies 31 lbs. 8.5 oz 303 $ Lot 14 1 box remote controls & power supplies 31 lbs. 2 oz 281 $ Lot 15 1 box remote controls & power supplies 29 lbs. 14 oz 243 $ Lot 16 1 box remote controls & power supplies 34 lbs. 14 oz 313 $ Lot 17 1 box remote controls & power supplies 33 lbs. 3oz 245 $ Lot 18 1 box remote controls & power supplies 36lbs 10oz 275 $ Lot 19 1 box miscellaneous recievers 1 lb 12.6oz 572 $ Lot 20 Flex Fit 3 Service Kit 13lb 14oz 60 $ Lot 21 Eyeglass Hearing Aids & Accessories 5lbs 2.3oz $ Eyeglass Hearing Aids 101 Temple Extensions 239 Cases 10 Lot 22 Miscellaneous Accessories 7lbs 12.5oz $ Cord Cros 10in 4 Cord Cros 9in-PHO 4 Dome 10mm Large Vented 60 Eartip Short 1 12pk Comply 4 ERHK Cros Adapter M 140 Screen Standard BTE 5PK 65 Seal STD Super Refill Neutral 15 Tube Std Snaplock Clear W/Male 600 Griptip Small RGHT Vented Ric 164 Waxguard Hear Clear 60 Miscellaneous Battery Doors 19,750 Miscellaneous Ear Hooks 1,330 DO NOT RETURN WITH BID SUPPLEMENTAL GENERAL INFORMATION AND INSTRUCTIONS 1. Sale Date and Time: March 10, 2015 at 1:30 P.M. Local Time at place of bid opening. 2. Place: Department of Veterans Affairs, Denver Acquisition and Logistics Center, 555 Corporate Circle, Room 223 Conference Room, Golden, Colorado 80401. 3. Inspection Date and Time: February 24 through February 26, 2015 9:00 A.M. TO 3:00 P.M. BY APPOINTMENT ONLY. 4. Submission of Bid. The "Bid" Schedule of SF 114 of this Invitation for Bid must be completely filled out. If the bidder is a corporation or a partnership, the full name of the firm, the signature of the person authorized to sign, and his or her full title must be shown. The envelope containing bids must be sealed and must be marked in the upper left hand corner with the name and address of bidder and in the lower left hand corner with the sale number and bid opening date and time. PREPARE ENVELOPE AS INDICATED BELOW. NAME ADDRESS OF BIDDER (ZIP CODE) (YOUR ENVELOPE) BID - SALE NO. OPENING DATE: Bids Shall be Received at the Following Address: Hand Delivered Mailed Department of Veterans Affairs Department of Veterans Affairs Denver Acquisition and Logistics Center Denver Acquisition and Logistics Center 555 Corporate Circle PO Box 25166 Room 2-16 Denver, CO 80225-0166 Lakewood, CO 80228-1709 5. Electronic Communication: Electronic Bids will not be considered. 6. Modifications of Bids: Bids may be modified or withdrawn prior to the time set for bid opening by written or telegraphic notice or in person by the bidder or his/her authorized representative. Bid modifications must be sent to: Department of Veterans Affairs, Denver Acquisition and Logistics Center, 555 Corporate Circle, Golden, Colorado 80401, Attn: Steve Wilson. 7. "No Bid" Responses: "No Bid" responses are not required to be submitted for this sale for a person or firm to be eligible to continue to receive sales offerings. 8. Bid Deposits: Bid Deposits are not required by this invitation for bid. 9. Results of Sale: Information as to the result of the sale will be provided after the bid opening. Information may be obtained from Department of Veterans Affairs, Denver Acquisition & Logistics Center, 555 Corporate Circle, Golden, Colorado 80401, or by an email request sent to contact@example.gov. 10. Sales to Government employees: To the extent not prohibited by the regulations of an Executive agency, an employee of such agency (either as a civilian or as a member of the Armed Forces of the United States, including the United States Coast Guard, on active duty) may be allowed to purchase Government personal property under procedures and safeguards which are adequate to preclude collusion and fraud. The term "employee" as used herein includes an agent or immediate member of the household of the employee. VA employees are ineligible. 11. The Government reserves the right to reject any or all bids. 12. Inspection: Property will be made available for inspection during the period February 24 -26, 2015 from 9:00 A.M. - 3:00 P.M. BIDDERS MUST ARRANGE FOR AN APPOINTMENT WITH THE CUSTODIAN SPECIFIED BELOW PRIOR TO ANY INSPECTION DURING THIS PERIOD. 13. Location of Property: VA Denver Acquisition & Logistics Center, 555 Corporate Circle, Golden, Colorado 80401. 14. Custodian & Inspection Appointment: Chris Hollingsworth, +1 (555) 000-0000 15. Payments: Paragraph 4 entitled "Forms of Bid Deposit and Payments" of SF 114 C "Sale of Government Property General Sale Terms and Conditions" is deleted and replaced by the following payment terms: A. Payment must be made in the form prescribed in this bid and made payable to the Department of Veterans Affairs. Payments can be made by Electronic Funds Transfer. B. Acceptable forms of payment are: 1. Cashier's Checks 2. Personal or Business checks only WHEN ACCOMPANIED BY AN INFORMAL BANK LETTER OR CREDIT GUARANTEEING PAYMENT. Such letters must be issued on the bank's letterhead, state that the credit of the named individual or corporation is guaranteed up to a specified amount and through a specified date (which meets or exceeds the bid evaluation period outlined on Page 2, Sealed Bids section, Item (3) of SF 114). These letters must also state that they cover the purchase of U.S. GOVERNMENT property offered under this sale number only: (VA791-15-IB-0011) 3. Money Orders 4. Traveler's Checks 5. Government Checks (Federal, State and local Government) 6. Credit Union Checks (Federal or State Chartered Credit Unions). 7. Electronic Funds Transfer C. Personal or Business checks not accompanied by a bank letter of credit (as outlined above) cannot be accepted as payment and will cause the bid to be considered non-responsive. 16. Defaults: You are cautioned to bid only on those items for which you are prepared to pay and remove in accordance with the terms and conditions of this sale. All items awarded to you as the high bidder are contractually yours and must be paid for and removed within the time allowed by this Invitation for Bid. ("Subject To" section, Item (3) of SF114) Failure to do so may subject you to pay, as liquidated damages, a sum equal to the greater of (a) 20% of the purchase price of the item(s) as to which the default has occurred or (b) $25 (or the purchase price of such item(s) if the purchase price is less than $25). 17. Removal of Property: The successful bidder agrees to remove property at his or her own expense. No labor or equipment (except as specified below) will be furnished to effect removal under the terms of any resultant contract. Only the purchaser (or such other representatives designated in writing by the purchaser) is authorized to remove property. Property must be removed on or before by March 24, 2015, by arrangements with the designated custodian. Upon formal request by the successful bidder(s) removal may be extended beyond March 24, 2015 at the sole discretion of the Department of Veterans Affairs. A minimum of 48 hours notification must be given the custodian by the purchaser (unless otherwise mutually agreed upon). 18. Description Warranty: The Government warrants to the original purchaser that the property listed in the invitation for bids will conform to its description. If a mis-description is determined before removal of the property, the Government will keep the property and refund any money paid. If a mis-description is determined after removal, the Government will refund any money paid if the purchaser takes the property at his or her expense to a location specified by the Contracting Officer. No refund will be made unless the purchaser submits a written notice to the Contracting Officer within 15-calendar days of the date of removal. That the property is mis-described and maintains the property in the condition as when removed. DO NOT RETURN WITH BID SALE OF GOVERNMENT PROPERTY INVITATION FOR BIDS NO. PAGE GENERAL SALE TERMS AND CONDITIONS VA791-15-B-0011 1 of 14 1. INSPECTION. The Bidder is invited, urged, and cautioned to inspect the property prior to submitting a bid. Property will be available for inspection at the places and times specified in the Invitation. 2. CONDITION AND LOCATION OF PROPERTY. Unless otherwise provided in the Invitation, all property listed therein is offered for sale "as is" and "where is." Unless otherwise provided in the Invitation, the Government makes no warranty, express or implied, as to quantity, kind, character, quality, weight, size, or description of any of the property, or its fitness for any use or purpose. Except as provided in Conditions No. 12 and 14 or other special conditions of the Invitation, no request for adjustment in price or for rescission of the sale will be considered. This is not a sale by sample. 3. CONSIDERATION OF BIDS. a. Unless otherwise provided in the Invitation, telegraphic or telephonic bids will not be considered. b. The Bidder agrees that his/her bid will not be withdrawn within the period of time specified for the acceptance thereof following the opening of bids (60 calendar days if no period is specified by the Government or by the Bidder, but not less than 10 calendar days in any case) and that during such period his/her bid will remain firm and irrevocable. The Government reserves the right to reject any or all bids, including bids under which a Bidder would take unfair advantage of the Government or other Bidders, to waive any technical defects in bids, and unless otherwise specified by the Government or by the Bidder, to accept any one item or group of items in the bid, as may be in the best interest of the Government. Unless the Invitation otherwise provides, a bid covering any listed item must be submitted on the basis of the unit specified for that item and must cover the total number of units designated for that time. 4. FORMS OF BID DEPOSITS AND PAYMENTS. Unless otherwise provided in the Invitation, bid deposits (when required by the Invitation) and payments shall be in U.S. currency or any form of credit instruments other than promissory notes, made payable on demand in U.S. currency: Provided, That uncertified personal or business checks must be first party instruments: Provided further, That if in connection with any prior sale, the Bidder or Purchaser tendered an uncertified personal or business check which was not paid by the drawee for any reason and the Bidder, Purchaser, and the Drawer of the check were so notified in writing by the selling agency, uncertified personal or business checks will not be an acceptable form of bid deposit or payment. Bids submitted after the effective date specified in the written notification referred to which are not accompanied by the property bid deposit will be summarily rejected. 5. BID PRICE DETERMINATION. When bids are solicited on a unit price basis, Bidders will insert their unit prices and total prices in the space provided for each item. a. In the event the Bidder inserts a total price on the item but fails to insert a unit price, the Government will determine the unit price by dividing the total price by the quantity of the item set out in the Invitation. The unit price so determined shall be used for the purpose of bid evaluation, award, and all phases of contract administration. b. When bids are solicited on a "lot" basis, Bidders should submit a single total price in the Total Price Bid column of the bid sheet. Bidders should not make any entry in the Unit Price Bid column. In the event a Bidder submits a total bid price and also a unit bid price which are not identical, the unit bid price will not be considered. 6. PAYMENT. The Purchaser agrees to pay for property awarded to him/her in accordance with the prices quoted in his/her bid. Subject to any adjustment made pursuant to other provisions of this contract, payment of the full purchase price, after applying the total bid deposit, if any, must be made within the time specified in the STANDARD FORM 114C (REV. 4/2001) Prescribed by GSA FPMR (41 CFR) 101=45.3 Invitation and prior to delivery of any of the property. If an adjustment is made requiring additional payment, such payment must be made immediately upon notice of such adjustment. In the absence of any debts owed to the selling agency, where the total sum becoming due to the Government from the Purchaser on a contract awarded to him/her under the Invitation is less than the total amount deposited with his/her bid, the difference will be promptly refunded and also, deposits accompanying bids which are not accepted will be promptly refunded to the Bidder. No refund or demands will be made for any amount less than one dollar ($1). 7. TITLE. Unless otherwise provided in the Invitation, title to the property sold hereunder shall vest in the Purchaser as and when removal is effected. On all motor vehicles and motor-propelled or motor-drawn equipment requiring licensing by a State motor vehicle regulatory agency, a certificate of release, Standard Form 97, will be furnished for each vehicle and piece of equipment unless otherwise provided in the Invitation. 8. DELIVERY, LOADING, AND REMOVAL OF PROPERTY. a. Unless otherwise provided in the Invitation, the Purchaser shall be entitled to obtain the property upon full payment therefore with delivery being made only from the exact place where the property is located within the installation. The Purchaser must make all arrangements necessary for packing, removal, and transportation of property. The Government will not act as liaison in any fashion between the Purchaser and carrier, nor will the Government recommend a specific common carrier. Loading will only be performed as set forth in the Invitation, and unless otherwise provided in the Invitation, loading will not be performed on Saturdays, Sundays, Federal holidays, or any date that the installation where the property is located is closed. Where it is provided that the Government will load, the Government will make the initial placement of the property on conveyance(s) furnished by the Purchaser and the initial placement of the Purchaser's conveyance shall be as determined by the Government. Unless otherwise provided in the Invitation, the Government will not block, chock, brace, lash, band, or in any other manner secure the cargo on such conveyance(s) furnished by the Purchaser. b. Where it is provided in the Invitation that the Government will not load or that the Purchaser will load, the Purchaser will make all arrangements and perform all work necessary to effect removal of the property. The Purchaser shall remove the property at his/her expense within the period of time allowed in the Invitation. If the Contracting Officer determines that the failure to remove the property within the period of time originally allowed arose out of causes beyond the control and without the fault or negligence of the Purchaser, such determination shall be reduced to writing, and a reason-able extension of time for removal shall be allowed. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and sever weather. If the Purchaser is permitted to remove the property after the expiration of the time originally allowed for removal or any additional time allowed by the Contracting Officer pursuant to this clause, the Government, without limiting any other rights which it may have, may require the Purchaser to pay a reasonable storage charge. The Purchaser shall reimburse the Government for any damage to Government property caused during the removal operations by the Purchaser or his/her authorized representative. c. Items purchased under the Invitation will be released only to the Purchaser or his/her authorized representative. The authorized representative must furnish authorization from the Purchaser to the Custodian of the property location before any delivery of release will be made. When property is described as being boxed, packed, crated, skidded, or in containers, the Government does not warrant that the property, as packaged, is suitable for shipment. d. Segregation, culling, or selection of property for the purpose of effecting partial or increment removals will not be permitted except as specifically authorized and prescribed by the Government. STANDARD FORM 114C (REV. 4/2001) Pg 2 Prescribed by GSA FPMR (41 CFR) 101=45.3 9. DEFAULT. If, after the award, the Purchaser breaches the contract by failure to make payment within the time allowed by the contract as required by Condition No. 6, or by failure to remove the property as required by Condition No. 8, then the Government may send the Purchaser a 15-day written notice of default (calculated from date of mailing), and upon Purchaser's failure to cure such default within that period (or such further period as the Contracting Officer may allow) the Purchaser shall lose all right, title, and interest which he/she might otherwise have acquired in and to such property as to which a default has occurred. The Purchaser agrees that in the event he/she fails to pay for the property or remove the same within the prescribed period(s) of time, the Government shall be entitled to retain (or collect) as liquidated damages a sum equal to the greater of (a) 20 percent of the purchase price of the item(s) as to which the default has occurred, or (b) $25, whichever is greater: Provided, That in the event of multiple awards of items under a single Invitation for Bids, the amount to be charged, if the minimum charge provided for in (b) above is applicable, shall be determined by the total purchase price reflected in the award documents: Provided further, That the maximum sum which may be recovered by the Government as damages for failure of the Purchaser to pay for and remove the property shall be the formula amount. The Government shall specifically apprise the Purchaser, either in its original notice of default (or in separate subsequent written notice), that upon the expiration of the period prescribed for curing the default, the formula amount will be retained (or collected) by the Government as liquidated damages. However, if the property was sold on a "per lot" basis and the Purchaser removes a portion of the lot but fails to remove the balance, no portion of the purchase price will be refunded. If the Purchaser otherwise fails in the performance of his/her obligations, the Government may exercise such rights and may pursue such remedies as are provided by law or under the contract. 10. SETOFF OF REFUNDS. The Bidder or Purchaser agrees that the selling agency may use all or a portion of any bid deposit or refund due him/her to satisfy, in whole or in part, any debts arising out of prior transactions with the Government. 11. INTEREST. Notwithstanding any other provision of this contract, unless paid within 30 calendar days from the date of first written demand, all amounts that become payable by the Purchaser to the Government under this contract shall bear simple interest at the rate which has been established by the Secretary of the Treasury as provided in Section 12 of the Contract Disputes Act of 1978 (Public Law 95-563), from the date of first written demand until paid. 12. ADJUSTMENT FOR VARIATION IN QUANTITY OR WEIGHT. Unless otherwise provided in the Invitation, when property is sold by a unit other than "weight", the Government reserves the right to vary the quantity tendered or delivered to the Purchaser by 10 percent; when the property is sold by "weight", the Government reserves the right to vary the weight tendered or delivered to the Purchaser by 25 percent. The purchase price will be adjusted upward or downward in accordance with the unit price and on the basis of the quantity or weight actually delivered. Unless otherwise specifically provided in the Invitation, no adjustment for such variation will be made where property is sold on a "price for the lot" basis. 13. WEIGHING, SWITCHING, AND SPOTTING. Where weighing is necessary to determine the exact purchase price, the Purchaser shall arrange for and pay all expenses of weighing the property (unless Government scales are available on the premises). All switching and spotting charges shall be paid by the Purchaser unless such services are performed with Government-owned or Government-operated locomotives on Government property. When removal is by truck, weighing shall be under the supervision of the Government and at its option on: (a) Government scales, (b) certified scales, or (c) other scales acceptable to both parties. When removal is by rail, weighing shall be on railroad track scales, or by other means acceptable to the railroad for freight purposes. STANDARD FORM 114C (REV. 4/2001) Pg 3 Prescribed by GSA FPMR (41 CFR) 101=45.3 14. RISK OF LOSS. Unless otherwise provided in the Invitation, the Government will be responsible for the care and protection of the property subsequent to it being available for inspection and prior to its removal. Any loss, damage, or destruction occurring during such period will be adjusted by the Contracting Officer to the extent it was not caused directly or indirectly by the Purchaser, its agents, or employees. At the discretion of the Contracting Officer, the adjustment may consist of rescission. With respect to losses only, in the event the property is offered for sale by the "lot," no adjustment will be authorized under this provision unless the Government is notified of the loss prior to removal from the installation of any portion of the lot with respect to which the loss is claimed. 15. LIMITATION ON GOVERNMENTS LIABILITY. Except for reasonable packing, loading, and transportation costs (such packing, loading, and transportation costs being recoverable only when a return of property at Government cost is specifically authorized in writing by the Contracting Officer), the measure of the Government's liability, in any case where liability of the Government to the Purchaser has been established, shall not exceed refund of such portion of the purchase price as the Government may have received. 16. ORAL STATEMENTS AND MODIFICATIONS. Any oral statement or representation by any representative of the Government, changing or supplementing the Invitation or contract or any Condition thereof, is unauthorized and shall confer no right upon the Bidder or Purchaser. Further, no interpretation of any provision of the contract, including applicable performance requirements, shall be binding on the Government unless furnished or agreed to, in writing, by the Contracting Officer or his/her designated representative. 17. COVENANT AGAINST CONTINGENT FEES. a. The Purchaser warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee. b. "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a Purchaser for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. c. "Bona fide employee," as used in this clause, means a person, employed by Purchaser and subject to the Purchaser's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. d. "Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. e. "Improper Influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. 18. OFFICIALS NOT TO BENEFIT. No member of or Delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. STANDARD FORM 114C (REV. 4/2001) Pg 4 Prescribed by GSA FPMR (41 CFR) 101=45.3 19. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION. a. The Purchaser certifies that-- (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Purchaser or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this offer have not been and will not be knowingly disclosed by the Purchaser, directly or indirectly, to any other Purchaser or competitor before bid opening (in the case of a formally advertised solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the Purchaser to include any other concern to submit or not to submit an offer for the purpose of restricting competition. b. Each signature on the offer is considered to be a certification by the signatory that the signatory-- (1) Is the person in the Purchaser's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above. (ii) As an authorized agent, does certify that the principals have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above, and (iii) As an agent, has not pers...