12837121Q0026 - ASNF Engine Quarter Remodel.pdf
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- Construction: ASNF Engine Quarter Remodel Federal contract opportunity
- Solicitation number
- 127EAX21Q0026
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CONSTRUCTION RFP SOL NO: 12837121Q0019
UNIT: PRESCOTT NATIONAL FOREST
PROJ NAME: SUPERVISOR’S OFFICE/CHINO VALLEY RD REPLACE WINDOWS
1. Introduction. The USDA Forest Service, Apache-Sitgreaves National Forests has a requirement for the remodel of Engine Quarters building number 11-60 rooms 6 to 11 and family quarters buildings 11-33 and 11-40 . The replacement HVAC is in building 1230. The project is located on the Black Mesa Ranger District (Navajo County, AZ).
All questions shall be submitted in writing to the Contracting Officer (CO) of record by email to:
warren.abbott@usda.gov before 4:00 PM PDT (Pacific Daylight Time) on June 3, 2021. Questions will answered by amendment as soon as practical. In order to be eligible for award of a Federal contract, potential vendors need to already be registered in the System for Award Management (SAM) at https://www.sam.gov . DUNS and business email are required to enroll in SAM.
2. Type of Award. As a result of this solicitation, Government anticipates The Government Anticipates awarding a Firm Fixed-Price Construction Contract using Request For Quotation (RFQ) Best Value - Tradeoffs format. This is a 100% Small Business Set Aside to NAICS code 238990. PSC code Z2FA.
3. Basis for Award - Offerors must comply with the detailed instructions for the format and content of the RFQ; if the submitted offer does not comply with the detailed instructions for the format and content, the offer may be considered non-responsive and may render the Offeror ineligible for award.
4. How to submit your Offer. Submit RFQ pages 1 through 4 as your business proposal (pricing).
In a separate document, also submit your response to the Evaluation Factors (Section M).
Section M (Evaluation Factor Response) -- shall be submitted as outlined in Section M (last section in this solicitation).
Offers may be sent by email and should contain the Solicitation Number 12837121Q0026 in the subject line for the email. Email: warren.abbott@usda.gov on or before:
June 22, 2021 1600 Pacific Daylight Time (From March to November, Arizona local time matches Pacific Daylight Time zone as listed in the advertisement in Contract Opportunities (beta.SAM.gov).
Offers (complete) shall only be sent to the Contracting Officer.
5. No Formal Site Visit has been scheduled for project. Individual site visit requests and technical questions may be directed to the COR:
Paul Gerber, Civil Engineer – Email: paul.gerber@usda.gov; -- Phone: 928-535-7308 Apache-Sitgreaves National Forests Black Mesa RD Office 2748 East Hwy 260 Overgaard, AZ 85933-0968 mailto:warren.abbott@usda.gov https://www.sam.gov/ mailto:warren.abbott@usda.gov mailto:paul.gerber@usda.gov
PROJ NAME: SUPERVISOR’S OFFICE/CHINO VALLEY RD REPLACE WINDOWS
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Computer Generated Prescribed by GSA
FAR (48 CFR) 53.236-1I
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
B. SOLICITATION NO.
12837121Q0026
2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFQ)
3. DATE ISSUED
5/19/2021
PAGE OF PAGES
2 41
IMPORTANT — The “offer” section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
5. REQUISITION/PURCHASE REQUEST NO.
1036568
6. PROJECT NO.
7. ISSUED BY CODE 128371 8. ADDRESS OFFER TO
USDA-FS SOUTHWESTERN REGION PPS-FPO
333 BROADWAY SE
ALBUQUERQUE, NM 87102
USDA-FS SOUTHWESTERN REGION PPS-FPO
APACHE-SITGREAVES NFS CONTRACTING
PO BOX 640 30 S. CHIRICAHUA DRIVE
SPRINGERVILLE, AZ 85938
9. FOR INFORMATION
CALL:
B. NAME
Warren Abbott
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
(928) 333-6344
SOLICITATION
NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):
The USDA Forest Service, Apache-Sitgreaves National Forests has a requirement for the remodel of Engine Quarters building number 11-60 rooms 6 to 11 and family quarters buildings 11-33 and 11-40 . The replacement HVAC is in building 1230. The project is located on the Black Mesa Ranger District (Navajo County, AZ).
MAGNITUDE OF PROJECT: Between $100,000 and $250,000. This solicitation is a 100 percent Total Small Business Set-Aside.
NAICS: 238990 $16.50 Million is size standard for small business. PSC: Z2FA
Davis-Bacon Wages apply. Payment and Performance Bonds are required.
Offerors are required to have active vendor record for the DUNS number above in the System for Award Management (SAM) https://www.sam.gov
11. The Contractor shall begin performance within 10 calendar days and complete it within time specified calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)
12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If “YES,” indicate within how many calendar days after award in Item 12B.)
YES NO
12B. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1600 PDT (hour) local time JUNE 22, 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee is, is not required.
C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
PROJ NAME: SUPERVISOR’S OFFICE/CHINO VALLEY RD REPLACE WINDOWS
Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14)
CODE FACILITY CODE
17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
The offeror acknowledges receipt of amendments to the solicitation — give number and date of each
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
20B. SIGNATURE
20C. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
B. AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
B. SUBMIT INVOICES TO ADDRESS SHOWN
IN
ITEM
B. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304I( ) 41 U.S.C. 253I( )
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
SAME AS 7 Electronic Funds Transfer via Invoice Processing Platform at www.ipp.gov
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO
SIGN (Type or print)
31A. NAME OF CONTRACTING OFFICER (Type or print)
30B. SIGNATURE
30C. DATE
31B. UNITED STATES OF AMERICA
BY
31C. AWARD DATE
CONSTRUCTION RFQ SOL NO: 12837121Q0026
UNIT: APACHE-SITGREAVES NATIONAL FORESTS
PROJ NAME: REMODEL ENGINE QUARTERS-BMRD
PART I – THE SCHEDULE
SECTION B – SCHEDULE OF ITEMS: SUPPLIES OR SERVICES AND PRICES/COSTS
BASE
ITEM # DESCRIPTION OF PROJECT ITEMS
UNIT OF
MEASUR
E
EST.
QTY
UNIT
PRICE**
EXTENDED
AMOUNT**
B1.1 Removal and replacement of all existing water lines to include shut-off and drain valves LS 1 $_________ $____________
B2.1 Remodel Kitchen, kitchen cabinets, lighting, countertops, plumbing, sink, faucet, electrical, range hood.
EA 6 $_________ $____________
B3.1 Remodel bathroom, vanity, sink, faucet, medicine cabinet, plumbing, lighting, door. EA 6 $_________ $____________
B4.1 Rigid core vinyl flooring, floor preparation, baseboard, molding. EA 6 $_________ $____________
B5.1 Remodel kitchen cabinets, lighting, flooring, paint, countertops, sink. EA 2 $_________ $____________
B6.1 Remodel bathrooms vanity, plumbing, lights, floor, paint. EA 4 $_________ $____________
B7.1 Install new propane gas furnace LS 1 $_________ $____________
B8.1 Install new ground mounted condenser unit LS 1 $_________ $____________
B9.1 Install a 50 amp breaker LS 1 $_________ $____________
B10.1 Disconnect Swamp cooler and patch hole LS 1 $_________ $____________
TOTAL OF ALL BASE ITEMS $____________
** OFFER PRICING INCLUDES ALL APPLICABLE BONDING COSTS, FEDERAL, STATE, LOCAL TAXES, PERMITS, LICENSES, FEES, ETC. TO COMPLETE THE WORK IN STRICT ACCORDANCE WITH ALL TERMS AND CONDITIONS CONTAINED HEREIN.
CERTIFICATION OF OFFER AND SUBMISSIONS FOR THIS REQUEST FOR PROPOSALS:
VENDOR COMPANY NAME:____________________________________ DUNS#____________________
AUTHORIZED TO SIGN (NAME & TITLE):__________________________________________________________
SIGNATURE:____________________________________________________ DATE:_____________________
BUSINESS EMAIL: _______________________________________ PHONE: ____________________________
SECTION C – STATEMENT OF WORK
C1 – GENERAL SCOPE
The Contractor shall furnish all supervision, materials, equipment and vehicles, tools, parts, labor, transportation, lodging, and miscellaneous items to remodel the Engine quarters building number 11-60 rooms 6 to 11 and family quarters buildings 11-33 and 11-40 . The replacement HVAC is in building 1230.
The project is located on the Black Mesa Ranger District (Navajo County, AZ). All work shall in accordance with specifications contained herein.
C2 – LOCATION OF PROJECT
The project is located on the Black Mesa Administrative Site, 2748 E. HWY 260 Overgaard, AZ 85933
C3 – SPECIFIC SCOPE OF WORK
C3.1 General Requirements --All work shall be completed in accordance with the contract drawings and specifications, and outlined herein. Site specific utilities, such as plumbing and electrical, must be field verified to the maximum practicable extent, including mandatory site visit, prior to bidding the work.
Submittals are required for all “approved equals” or substitutes to the specified finishes in the drawings.
Provide final cleaning prior to Government acceptance.
C3.2 Base line item B1.1
Removal of water lines running under the building number 11-60. Current lines are a mix of copper and galvanized pipe. Replace with current industry standard for residential water lines for 6 single living rooms that each have a kitchen sink, bathroom sink, toilet and shower/tub. In addition add shutoff and ability to drain and blow out with compressed air to all 6 rooms to independently winterize each room. Unit of measure is Lump Sum (LS).
C3.3 Base line item B2.1
In building 11-60 remodel kitchen, including cabinets, countertop with back splash, sink, faucets, range hood, plumbing, lighting, electrical, and all finish work. This line includes electrical, and plumbing, as required. Unit of measure is Each (EA).
C3.4 Base line item B3.1 In building 11-60 remodel restrooms, install vanity, fixtures, sinks, medicine cabinet, grab bars, lighting, remove metal wall sheeting texture and paint, window trim, and all finish work. This line includes sewer tie-ins, electrical, and plumbing, as required. Unit of measure is Each (EA).
C3.5 Base line item B4.1
In building 11-60 prepare floor and install new rigid core vinyl flooring approximately 2200 sqft, baseboard, base molding. Be sure all doors swing freely with new flooring. Leave two boxes for future repairs. Unit of measure is Each (EA).
C3.6 Base line item B5.1
Remodel kitchens in buildings 11-33 and 11-40, including Removing cabinets above the bar area, replace all cabinets (approximately 23 linear ft), countertops (approximately 41 SQ FT) and back splash, lighting, paint, vent hood. This line includes electrical, and plumbing, as required. Unit of measure is Each (EA).
C3.7 Base line item B6.1
Remodel restrooms in buildings 11-33 and 11-40, install vanity, fixtures, sinks, mirror, grab bars, lighting, texture and paint, window trim, and all finish work. This line includes sewer tie-ins, electrical, and plumbing, as required.
Unit of measure is Each (EA).
C3.8 Base line item B7.1
In building 12-30 unhook existing Propane furnace and replace with new propane gas furnace with 3 to 5 ton heating and cooling capacity. Installation of the furnace will include a new programable thermostat, all plumbing and electrical work, all duct work to connect to existing ducts. Install a combustion air intake pip to exterior wall if required, connect refrigerant line and piping from condensing unit and test. Unit of measure is Lump Sum (LS).
C3.9 Base line item B8.1
By building 12-30 Provide and install a new ground mounted condenser unit, new mounting pad, all plumbing and electrical wiring and any devices required. Install and route refrigerant lines to the furnace. Unit of measure is Lump Sum (LS).
C4.0 Base line item B9.1
On building 12-30 install a 50 Amp HACR breaker on the wall at a location nearest the Condenser Unit. This includes all hook-ups from the condenser. Unit of measure is Lump Sum (LS).
C4.1 Base line item B10.1
Disconnect existing Evaporative cooler (swamp cooler). Repair hole cut into building and ensure it is insulated and weather proof. This includes finish work on the inside wall of the building. Leave swamp cool in place on stand underneath existing lean to. Unit of measure is Lump Sum (LS).
Technical Point-Of-Contact Contracting Officer’s Representative:
Paul Gerber, Civil Engineer Email: paul.gerber@usda.gov Phone: 928-535-7308
Apache-Sitgreaves National Forests Black Mesa RD Office 2748 East Hwy 260 Overgaard, AZ 85933-0968 mailto:paul.gerber@usda.gov
SECTION D – SPECIFICATIONS
See Section J for Exhibits that are incorporated as part of the statement of work:
SECTION E - INSPECTION AND ACCEPTANCE
52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
(a) Definition. Work includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not—
(1) Relieve the Contractor of responsibility for providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may—
(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or
(2) Terminate for default the Contractor’s right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.
(End of clause)
52.246-13 INSPECTION—DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG 1996)
(a) Unless otherwise designated by the specifications, all workmanship performed under the contract is subject to Government inspection at all times and places where dismantling or demolition work is being performed. The Contractor shall furnish promptly, and at no increase in contract price, all reasonable facilities, labor, and materials necessary for safe and convenient inspection by the Government.
The Government shall perform inspections in a manner that will not unduly delay the work.
(b) The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall promptly segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and promptly replaces them with satisfactory items. If the Contractor fails to proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the Government may—
(1) By contract or otherwise, replace the facilities, materials, and equipment or correct the workmanship and charge the cost to the Contractor; and
(2) Terminate for default the Contractor’s right to proceed. The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement. (End of clause)
52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)
(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.
(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.
(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of—
(1) The Contractor’s failure to conform to contract requirements; or
(2) Any defect of equipment, material, workmanship, or design furnished.
(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.
(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.
(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.
(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall—
(1) Obtain all warranties that would be given in normal commercial practice;
(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and
(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.
(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturers, or supplier’s warranty.
(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.
(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.
SECTION F - DELIVERIES OR PERFORMANCE
FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives notice-to-proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days from issuance of notice-to-proceed. The time stated for completion shall include final cleanup of the premises.
AGAR 452.236-75 MAXIMUM WORK WEEK – CONSTRUCTION SCHEDULE (NOV 1996)
Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:
(a) A schedule as required by FAR 52.236-15, Schedules for Construction Contracts, and
(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work
The maximum workweek shall be Monday through Saturday, 0700 – 1800. Any change in the work schedule shall be approved in writing by the Contracting Officer prior to commencement.
SECTION G - Contract Administration Data
Government Furnished Items: No Government equipment or materials shall be furnished for this project.
SECTION H - SPECIAL CONTRACT REQUIREMENTS
N/A
SECTION I - CONTRACT CLAUSES AND PROVISIONS
FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020).
52.204-17 Ownership or Control of Offeror (AUG 2020) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-20 Predecessor of Offeror (AUG 2020) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
(AUG 2020)
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
(AUG 2020)
52.204-26 Covered Telecommunications Equipment or Services-Representation (AUG 2020)
52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or
Proposed for Debarment (OCT 2015) 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (OCT 2010) 52.219-6 Notice of Total Small Business Set-Aside (MAR 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-14 Limitations on Subcontracting (MAR 2020) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (MAY 2018) 52.222-6 Construction Wage Rate Requirements (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar
52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers With Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (OCT 2015) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.223-1 Biobased Product Certification (MAY 2012) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-1 Buy American—Supplies (MAY 2014) 52.225-9 Buy American—Construction Materials (MAY 2014) 52.225-10 Notice of Buy American Requirement-Construction Materials (MAY 2014) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—
Representation and Certifications (JUN 2020) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer –System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations 52.233-1 Disputes (MAY 2014) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship.
52.236-6 Superintendence by The Contractor (APR 1984) 52.236-7 Permits and Responsibilities.
52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-1 Changes (AUG 1987) 52.243-5 Changes and Changed Conditions (APR 1981) 52.244-6 Subcontracts for Commercial Items (DEC 2015) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2015) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)--Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984)
452.211-73 Attachments to Statements of Work/Specifications 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996) 452.236-78 Fire Suppression and Liability (MAY 2014)
52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016)
(a) Definition. As used in this provision- Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state and Zip Code.
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
(End of provision)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
(a) Definitions. As used in this provision— “Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) means that–
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record “Active”.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or
Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b) https://www.acquisition.gov/far/part-32#FAR_Subpart_32_11 http://www.sam.gov/ http://www.sam.gov/ https://www.acquisition.gov/content/part-32-contract-financing#i1080713 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121746 http://www.sam.gov/
(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.t
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.gov for information on registration.
(End of provision)
52.228-11 INDIVIDUAL SURETY—PLEDGE OF ASSETS (FEB 2021)
(a)The Contractor shall obtain from each person acting as an individual surety on a performance bond or a payment bond—
(1)A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and
(2)Standard Form 28, Affidavit of Individual Surety.
(b)The Contracting Officer may release a portion of the security interest on the individual surety's assets based upon substantial performance of the Contractor's obligations under its performance bond. The security interest in support of a performance bond shall be maintained—
(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 (40 U.S.C. 3131). Until completion of any warranty period, or for 1 year following final payment, whichever is later.
(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.
(3) Other contracts not subject to the requirements of paragraph (b)(1) of this clause. Until completion of any warranty period, or for 90 days following final payment, whichever is later.
(c)A surety's assets pledged in support of a payment bond may be released to a subcontractor or supplier upon Government receipt of a Federal district court judgment, or a sworn statement by the subcontractor or http://www.sam.gov/ http://www.sam.gov/ https://www.acquisition.gov/far/part-28#FAR_28_203_1 https://www.acquisition.gov/far/part-28#FAR_28_102_1 supplier that the claim is correct along with a notarized authorization of the release by the surety stating that it approves of such release. The security interest on the individual surety's assets in support of a payment bond shall be maintained—
(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 which require performance and payment bonds (40 U.S.C. 3131). For 1 year following final payment, or until resolution of all pending claims filed against the payment bond during the 1-year period following final payment, whichever is later.
(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.
(3)Other contracts not subject to the requirements of paragraph (c)(1) of this clause. For 90 days following final payment.
(d)The Contracting Officer may allow the Contractor to substitute an individual surety, for a performance or payment bond, after contract award. The Contractor shall comply with the requirements of paragraph (a) of this clause within the timeframe established by the Contracting Officer.
(End of clause)
52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)
(a) The Contractor shall submit one of the following payment protections:
(b) The amount of the payment protection shall be 100 percent of the contract price.
(c) The submission of the payment protection is required within ____ days of contract award.
(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.
(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.
(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.
https://www.acquisition.gov/far/part-28#FAR_28_102_1
52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)
(a) "Irrevocable letter of credit" (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.
(b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.
(c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and-
(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;
(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:
(i) For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of-
(A) One year following the expected date of final payment;
(B) For performance bonds only, until completion of any warranty period; or
(C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final payment.
(ii) For contracts not subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of-
(A) 90 days following final payment; or
(B) For performance bonds only, until completion of any warranty period.
(d) (1) Only federally insured financial institutions rated investment grade by a commercial rating service shall issue or confirm the ILC.
(2) Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in the past year, ILCs over $5 million must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.
http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
(3) The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institutions have the required credit rating as of the date of issuance of the ILC.
(4) The current rating for a financial institution is available through any of the following rating services registered with the U.S. Securities and Exchange Commission (SEC) as a Nationally Recognized Statistical Rating Organization (NRSRO). NRSRO’s can be located at the website http://www.sec.gov/answers/nrsro.htm maintained by the SEC.
(e) The following format shall be used by the issuing financial institution to create an ILC:
_________________________________________________ [Issuing Financial Institution’s Letterhead or Name and Address]
Issue Date __________
Irrevocable Letter of Credit No. _______________________
Account party’s name _______________________________
Account party’s address ______________________________
For Solicitation No. _________________ (for reference only)
To: [U.S. Government agency]
[U.S. Government agency’s address]
1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $______. This Letter of Credit is payable at [issuing financial institution’s and, if any, confirming financial institution’s] office at [issuing financial institution’s address and, if any, confirming financial institution’s address] and expires with our close of business on ___________, or any automatically extended expiration date.
2. We hereby undertake to honor your or the transferee’s sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and http://www.sec.gov/answers/nrsro.htm confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.
3. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this Letter of Credit that it is deemed to be automatically extended without amendment for one year from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the time we notify you, we also agree to notify the account party (and confirming financial institution, if any) by the same means of delivery.
4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written direction of the Government (the beneficiary) in a form satisfactory to the issuing financial institution and the confirming financial institution, if any.
5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. _____________________ (Insert version in effect at the time of ILC issuance, e.g., "Publication 600, 2006 edition") and to the extent not inconsistent therewith, to the laws of _____________________ [State of confirming financial institution, if any, otherwise State of issuing financial institution].
6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business.
Sincerely, _______________________________ [Issuing financial institution]
(f) The following format shall be used by the financial institution to confirm an ILC:
[Confirming Financial Institution’s Letterhead or Name and Address]
(Date) __________________
Our Letter of Credit Advice Number ____________________
Beneficiary: _________________ [U.S. Government agency]
Issuing Financial Institution: __________________________
Issuing Financial Institution’s LC No.: __________________
Gentlemen:
1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by __________ [name of issuing financial institution] for drawings of up to United States dollars ___________/U.S.
$_______ and expiring with our close of business on _____________ [the expiration date], or any automatically extended expiration date.
2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at
3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this Confirmation at our offices as specified herein.
4. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this confirmation that it be deemed automatically extended without amendment for oneyear from the expiration date hereof, or any automatically extended expiration date, unless:
(a) At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and the issuing financial institution, by registered mail or other receipted means of delivery, that we elect not to consider this confirmation extended for any such additional period; or
(b) The issuing financial institution shall have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to extend the expiration date of the Letter of Credit.
5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. _____________________ (Insert version in effect at the time of ILC issuance, e.g., "Publication 600, 2006 edition") and to the extent not inconsistent therewith, to the laws of _____________________ [State of confirming financial institution].
6. If this confirmation expires during an interruption of business of this financial institution as described in Article 17 of the UCP, we specifically agree to effect payment if this credit is drawn against within 30 days after the resumption of our business.
Sincerely, _______________________________ [Confirming financial institution]
(g) The following format shall be used by the Contracting Officer for a sight…
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