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Overview

This section mandates the inclusion of a specific instructional provision in construction solicitations when the government uses negotiated procurement procedures instead of sealed bidding.

Key Rules

  • Mandatory Provision: The contracting officer is required to insert the provision at FAR 52.236-28, Preparation of Offers—Construction.
  • Applicability: This requirement applies specifically to construction solicitations.
  • Condition of Use: The provision must be used when the agency is "contracting by negotiation" (FAR Part 15) rather than using sealed bidding (FAR Part 14).

Practical Implications

  • Standardization: This ensures that offerors receive consistent instructions on how to format, price, and submit their proposals for negotiated construction projects.
  • Compliance: Contracting officers must verify this provision is included in Request for Proposals (RFPs) to avoid procedural errors in the solicitation process.

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