Project Name
Project No. ___________
UFC 4-721-11.1, UEPH Complexes, 26 Nov 01
SCR___
PROPOSED BETTERMENTS AUG 1997
(a) The minimum requirements of the contract are identified in the Request for Proposal. All betterments
offered in the proposal become a requirement of the awarded contract.
(b) A "Betterment" is defined as any component or system, which exceeds the minimum requirements,
stated in the Request for Proposal. This includes all proposed betterments listed in accordance with the
"Proposal Submission Requirements" of the Solicitation, and all Government identified betterments.
(c) "Government identified betterments" include the betterments identified on the "List of Accepted
Project Betterments" prepared by the Proposal Evaluation Board and made part of the contract by
alteration, and all other betterments identified in the accepted Proposal after award.
(End of Clause)
KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS.
Contract Clause 52.244-4 "Subcontractors and Outside Associates and Consultants", has been modified
by adding the term "Key Personnel".
The successful Offeror's proposal is part of the contract. This clause is intended to discourage "bid
shopping" or "bait and switch" tactics by the Contractor after award of the contract. The Contractor must
request permission to substitute those key personnel or key subcontractors it identified in its proposal.
The accepted proposal establishes the new minimum standard (assuming that it was in full compliance
with the RFP requirements). The Contractor will submit information in the same detail as the original
proposal for the Government to evaluate. The Government should not approve any substitute that is not
equal in all aspects to the originally proposed person or firm.
Since the contract was formulated by negotiation, prices were considered in the selection of the
successful Offeror. It can be argued that the Government may demand a credit for a substitution, as
consideration for the switch, where it appears that the substitution is the result of "bid shopping" or "bait
and switch" tactics. There is no requirement for a price increase, because the Contractor established the
minimum level of competency and the price the Government is expected to pay for that competency in its
proposal. The proposal is the new required minimum standard, where identified performance surpassed
the minimum RFP requirements. Anti-bid shopping clauses are common and enforceable in State, Local
and commercial contracting.
SCR___
KEY PERSONNEL,
SUBCONTRACTORS
AND
OUTSIDE
ASSOCIATES
OR
CONSULTANTS - AUG 1997
In connection with the services covered by this contract, any in-house personnel, subcontractors, and
outside associates or consultants will be limited to the individuals or firms that were specifically identified
and agreed to during negotiations. The contractor shall obtain the Contracting Officer's written consent
before making any substitution for these designated in-house personnel, subcontractors, associates, or
consultants.
(End of Clause)
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