19GE5019Q0003.pdf
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- Solicitation number
- 19GE5019Q0003
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Request for Quotes
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| File | Type | Posted |
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| 19GE5019Q0003_0001.pdf | ||
| Questions_and_Answers__1.pdf | ||
| Statement_of_Work_5_(English).pdf | ||
| Statement_of_Work_(Swedish).pdf |
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REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDEX
1. REQUEST NO.
19GE5019Q0003
2. DATE ISSUED
02/05/2019
3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF. UNDER
BDSA REG. 2 AND/OR DMS
REG. 1
RATING
AMERICAN CONSULATE GENERAL FRANKFURT
GIESSENER STRASSE 30
ATTN: RPSO
FRANKFURT, 60435
GERMANY
5a. ISSUED BY 6. DELIVER BY (date)
04/10/2019
7. DELIVERY
OTHER
(See Schedule)FOB DESTINATION X
9. DESTINATION
5b. FOR INFORMATION CALL (NO COLLECT CALLS)
a. NAME OF CONSIGNEE
NAME: David D. Machen EMAIL: machendd@state.gov
TELEPHONE NUMBER
8. TO:
SEE
SEE TEXT
line items
b. STREET ADDRESS
c. CITY
Multi
a. NAME: b. COMPANY
Contact: Duns:c. STREET ADDRESS
d. CITY d. STATE e. ZIP CODE d. STATE
XX
e. ZIP CODE
00000
10. PLEASE FURNISH QUOTATIONS TO THE ISSUING
OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)
03/26/2019 15:00:00
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter.
Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and Local taxes)
SEE LINE ITEMS SECTION
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations [ ] are [ X ] are not attached.
13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN QUOTATION 15. DATE OF
QUOTATION
a. NAME OF QUOTER
b. STREET ADDRESS 16. SIGNER
a. NAME (Type or print) b. TELEPHONE
c. COUNTY AREA CODE
d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
19GE5019Q0003
001 CLIN 0001: Relining and Repair of Sanitation Pipes, as specified in Statement of Work
1.00 LT
Doc Ref No:
Delivery Date (Start to End) Date FOB:
09/28/2018 to 12/15/2018
002 CLIN 0002: Defense Base Act (DBA) Insurance, if required
1.00 LT
Doc Ref No:
Delivery Date FOB:
003 Value Added Tax (as required) 1.00 LT Doc Ref No:
Delivery Date FOB:
1. THE SCHEDULE
A. Contract Type
This is a firm fixed-price contract. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract.
Nor will the contract price be adjusted on account of fluctuations in the currency exchange rates. Changes in the contract price or time to complete will be made only due to changes made by the Government in the work to be performed, or by delays caused by the Government, as determined and approved by the Contracting Officer.
B. Contract Price
The Contractor shall complete all work (including furnishing all labor, material, equipment, and services) re-quired under this contract for the following firm fixed-price and within the time specified herein. This price shall include all labor, services, materials, equipment, overhead, costs for insurance, profit, travel, DBA Insur-ance, and any other costs required to perform and complete all repair and relining services, in accordance with the Statement of Work (SOW), drawings, specifications, and all other contract terms and conditions stated with-in the contract.
The cost of any materials or equipment required in conjunction with the services rendered herein shall be included in the proposed firm fixed-price.
If applicable, insurance required by FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act), shall be part of the firm fixed-price. Any costs not priced will be included in overhead and other indirect costs.
19GE5019Q0003
Line Item Summary
Solicitation Number:
19GE5019Q0003
Contract Number: Title: SW CMR Sanitation Pipe Relining
Date of Solicitation:
02/05/2019
Line Item No. Description Quantity Unit Unit Price Total Cost
B.3.1 Total Contract Price The Offeror shall insert their total price proposal costs as follows:
CLIN Description Price
Construction services, for the repair of sanitation pipes with the Chief of Mission Residence, to include all labor, equipment, overhead, equip-ment, and profit.
002 Defense Base Act Insurance (DBA), if required
Subtotal
003 Value Added Tax (VAT), if applic-able
Grand Total Contract Price CLIN
001 - CLIN 003
State Currency: __________________________________________
The offeror shall clearly identify and state the currency for all costs in their price proposal. After award, the Contractor shall invoice in and payment will be made according to the currency identified in the offerror's pro-posal, unless otherwise specified by the Contracting Officer.
C. Defense Base Act (DBA) Insurance
DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship for any construction and services for U. S. overseas contracts over US$3,500.00. DBA insurance is also required for all Host Country Nationals (HCNs) and Third Country Nationals (TCNs) working overseas unless waved by the Department of Labor (DOL). Only the countries listed currently on the DOL’s Active DBA Waivers are not required to have DBA insurance for Host Country Nationals (HCNs) and Third Country Nationals (TCNs). See website for country waivers: https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm). The waiver is only valid if alternative worker’s compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local worker’s compensation laws, the waiver has no effect and HCN and TCN (if applicable by local law) working under a U. S. contract shall be included and covered under the DBA.
The DBA insurance may be obtained from any authorized DBA insurance broker, see Sub-Section I.14, FAR 52.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984). New DBA in-surances policies can be purchased directly from any DOL approved insurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.
The Contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that
DBA has been paid and only to the extent quoted in the Pricing Schedule.
DBA insurance cost will be evaluated as part of the total evaluated fixed price and included in the fixed price of the contract. Where DBA is applicable, the Contractor will be required to provide evidence of insurance (certification of coverage and a paid invoice) within 15 calendar days from the date of award.
Sweden is currently included on the DOL’s active waiver list thru July 25, 2022, therefore DBA insurance is not required for Host Country Nationals (HCNs) and Third Country Nationals (TCNs).
D. Value Added Tax (VAT)
If applicable, the contractor shall be responsible paying to the appropriate authority, the applicable rate of Value Added Tax. Offerors shall identify Value Added Tax (VAT) as a separate line item in Section B, CLIN 003.
To receive reimbursement for VAT, it will also be necessary for:
• The contractor to be in possession of a Swedish VAT registration number, and for this registration number to be included in all payment requests;
• The VAT shall also be reflected as a separate cost item on all invoices submitted under the resulting con-tract.
The Contractor will be reimbursed for VAT only to the extent contractor provides documentary proof that VAT has been paid to the host government against a valid VAT registration number. Any refund of VAT to the Con-tractor shall be paid to the Government to the extent the Government reimbursed the contractor for the VAT payment.
2. STATEMENT OF WORK
A. OVERVIEW
The U.S. Embassy in Stockholm, Sweden [Embassy] has a requirement for the repair of sanitation pipes located within the Chief of Mission Residence (CMR), Nobelgatan 2, Stockholm.
The proposed sanitation pipe repair work shall consist of but is not limited to the following:
1. Relining of all sewage pipes underneath and into the floor and vertical pipes inside of walls
2. Replacement of the broken 75 mm sewage pipe near the ceiling of the closet of the Directors office room
135 to a new one.
3. Replacement of broken 75-110 mm sewage pipes near the ceiling in room 129-130 to new ones.
4. Replacement of broken 110 mm vertical sewage pipe on the wall opposite room 128 to the new one.
B. SUBMITTALS:
1. Detailed project schedule showing work phasing and proposed daily progress.
2. Applicator's License Certificate: Plumping trade credentials, or other similar credentials, certifing that the offerors is licensed and authorized to perform plumbing work within the country of Sweden.
3. Shop Drawings of all specific waterproofing details.
4. Material manufacturer's product data sheets, written approval/acceptance of specified tests for project, de-tails, insulation, and all related materials based upon existing site conditions.
5. Manufacturer’s warranties that are to be issued upon project completion.
C. SUBSTITUTIONS AND PRODUCT OPTIONS:
Contractor's Representation: Request for substitution constitutes a representation that Contractor:
1. Has investigated proposed product and determined that it is equal to or superior in all respects to that spe-cified.
2. Shall provide same warranties for substitution as for product specified.
3. Shall coordinate installation of accepted substitution into Work and make such other changes as may be re-quired for Work to be complete in all respects.
4. Waives all claims for additional costs, under his responsibility, related to substitution which sub-sequently becomes apparent.
5. If substitution is not approved or accepted, Contractor shall furnish specified product.
D. QUALITY CONTROL:
1. The Government has the right to inspect and test all services, to the extent practicable at all times and places during the work. The Government may perform full time quality assurance inspections [QAI] and tests during construction to confirm the work is installed according to the Contract Documents.
2. Maintain quality control over suppliers, manufacturers, products, services, site conditions, and workman-ship to produce work of specified quality.
3. Contractor shall be approved by manufacturer to perform the work for the specified guarantee period.
4. All inspections and tests required by work and authorities shall be initiated and paid for by the contractor.
E. STORAGE OF MATERIALS:
1. Proper storage of materials is the sole responsibility of Contractor. Protect all materials susceptible to moisture including, but not limited to, all roll goods, insulation, cant strip, wood, and plywood in dry, above ground, watertight storage. Keep all labels intact and legible, clearly showing the product, manufac-turer, and other pertinent information.
2. Store materials on site. Cover and protect materials subject to damage by weather, including during transit.
Stored materials shall be available for inspection.
3. Store flammable and volatile liquids in sealed containers located a minimum of 20 feet from existing buildings.
4. Liquid products shall be delivered sealed, in original containers. Store rolls goods in an upright position.
5. Distribute material, debris, and equipment over the roof deck to avoid damage to the structural deck. Place materials and equipment to be stored on the roof as nearly direct over structural members as can be de-termined. Secure equipment, material, and debris on the roof to prevent movement by wind or other ele-ments.
F. PROJECT PROCEDURES:
1. All necessary precautions shall be taken to limit collateral damage to the building, to include but not lim-ited to protecting the wooden floor and fixtures with protective plastic covering, or similar material.
2. Contractor shall conduct operations so as to ensure least inconvenience to the Government's operations
G. PROJECT SPECIFICATIONS
The project specifications and statement of work are provided as an attachment. Any inconsistencies in re-spect to the Project Drawings and Specifications shall be governed by FAR 52.236-21.
H. NOTICE OF DELAY
In the event the Contractor receives a notice of any change in work, or if any other conditions arise which are likely to cause or are actually causing delays which the Contractor believes may result in completion of the project after the completion date, the Contractor shall notify the Contracting Officer of the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule or the completion date should be revised. Such notice shall be given promptly and not more than five
(5) days following the first occurrence of the event giving rise to the delay or prospective delay. Revisions to the approved time schedule shall only be made with the approval of the Contracting Officer.
I. WORKING HOURS
1. Working days and hours at the project site shall be as follows:
a. Monday through Friday: 8:00 AM to 5:00 PM,
b. Saturday, Sunday, and Holidays: No Work
2. Actual construction work hours shall be coordinated with the COR. The COR may, upon request and if circumstances permit, approve other hours and/or work on weekends and holidays provided that no addi-tional costs will arise to the Government as a result thereof. All requests for special work hours shall be made at least 24-hours in advance.
J. CONTRACTOR PERSONNEL
1. The Contractor shall maintain discipline at the site and at all times take all reasonable precautionas to pre-vent any unlawful, riotous, or disorderly conduct by or amonst those employed at the site and for the pre-servation of peace and protection of persons and property in the neighborhood of the project against the same. The COR may require, in writing, that the Contractor remove from the work site any employee that the COR deems incompetent, careless, insubordinate or otherwise objectionable, or whose continued em-ployment on the project is deemed by the COR to be contrary to the Government's interests.
2. For all contractor personnel who will be working on the jobsite, the Contractor shall submit within 15 days after contract award, a list of personnel assigned to this project. For each individual, the list shall include their full name, address, date of birth, place of birth (district and city), and nationality.
3. The COR reserves the right to deny access to any person deemed to be a security risk. The Contractor shall promptly replace any personnel whose right to work is revoked by the Government.
652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)
(a) The Contracting Officer may designate in writing one or more Government employees, by name and posi-tion title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, un-less the COR is a warranted Contracting Officer and this authority is delegated in the designation.
(b) The COR is [insert job title of COR] .
(End of clause)
The following Federal Acquisition Regulation clauses and provisions are incorporated by reference:
Clause Title
52.204-13 System for Award Management Maintenance (Oct 2018)
52.242-14 Suspension of Work (Apr 1984)
Clause Title
52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984)
52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014)
52.236-21 Specifications and Drawings for Construction (Feb 1997)
52.246-21 Warranty of Construction (Mar 1994)
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than Commercial Items) (Oct 2018)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are in-corporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iii) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vi) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes admin-istered by the Office of Foreign Assets Control of the Department of the Treasury).
(vii) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(viii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78 (19 U.S.C.
3805 note)).
(2) Listed below are additional clauses that apply:
(i) 52.232-1, Payments (Apr 1984).
(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).
(iii) 52.232-11, Extras (Apr 1984).
(iv) 52.232-25, Prompt Payment (Jan 2017).
(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).
(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
(vii) 52.233-1, Disputes (May 2014).
(viii) 52.244-6, Subcontracts for Commercial Items (Nov 2017).
(ix) 52.253-1, Computer Generated Forms (Jan 1991).
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circum-stances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L.
109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).
(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold.)
(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Vir-gin Islands).
(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).
(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) (Applies to con-tracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).
(vii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67) (Applies to service con-tracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).
(viii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).
(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with re-gard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract per-formance location outside the United States to which the document applies).
(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).
(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))
(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to ser-vices performed on Federal facilities).
(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).
(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).
(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unless ex-empt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be--
(A) Delivered;
(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;
(C) Furnished by the Contractor for use by the Government; or
(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or main-tenance).
(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or re-pair of electronic or mechanical devices).
(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.
(xvii) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--
(A) Is set aside for small business concerns; or
(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).
(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).
(xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information).
(xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).
(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App.
1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).
(2) Listed below are additional clauses that may apply:
(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transit-ing through its information system.
(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspen-ded, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).
(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).
(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).
(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).
(c) 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 Con-tracting 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/browsefar
(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the re-quirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming sup-plies or reperformance of nonconforming services at no increase in contract price. The Government must exer-cise its postacceptance rights--
(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occur-rence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidem-ics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price re-flecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and condi-tions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remed-ies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
52.236-2 Differing Site Conditions (Apr 1984)
(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contract-ing Officer of-
(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this con-tract; or
(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.
(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the condi-tions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.
(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in paragraph (a) of this clause for giving written notice may be extended by the Contracting Officer.
(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.
(End of clause)
52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984)
(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and loca-tion of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertain-ties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work perform-ance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascer-tainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions de-scribed and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.
(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is ex-pressly stated in this contract.
(End of clause)
52.243-5 Changes and Changed Conditions (Apr 1984)
(a) The Contracting Officer may, in writing, order changes in the drawings and specifications within the general scope of the contract.
(b) The Contractor shall promptly notify the Contracting Officer, in writing, of subsurface or latent physical conditions differing materially from those indicated in this contract or unknown unusual physical conditions at the site before proceeding with the work.
(c) If changes under paragraph (a) or conditions under paragraph (b) increase or decrease the cost of, or time re-quired for performing the work, the Contracting Officer shall make an equitable adjustment (see paragraph (d)) upon submittal of a "proposal for adjustment" (hereafter referred to as proposal) by the Contractor before final payment under the contract.
(d) The Contracting Officer shall not make an equitable adjustment under paragraph (b) unless-
(1) The Contractor has submitted and the Contracting Officer has received the required written notice; or
(2) The Contracting Officer waives the requirement for the written notice.
(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause.
(End of clause)
52.236-5 Material and Workmanship (Apr 1984)
(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. Refer-ences in the specifications to equipment, material, articles, or patented processes by trade name, make, or cata-log number, shall be regarded as establishing a standard of quality and shall not be construed as limiting com-petition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.
(b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Con-tracting Officer the name of the manufacturer, the model number, and other information concerning the per-formance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting ap-proval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid.
Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.
(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Of-ficer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.
(End of clause)
52.236-7 Permits and Responsibilities (Nov 1991)
The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations ap-plicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.
(End of clause)
52.236-14 Availability and Use of Utility Services (Apr 1984)
(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from ex-isting outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Con-tracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.
(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall in-stall and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and asso-ciated paraphernalia.
(End of clause)
52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)
The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor re-ceives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 days.* The time stated for completion shall include final cleanup of the premises.
(End of clause)
* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calen-dar date.
Clause Title
52.204-17 Ownership or Control of Offeror (Jul 2016)
52.204-8 Annual Representations and Certifications (Oct 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].
(2) The small business size standard is [insert size standard].
(3) The small business size standard for a concern which submits an offer in its own name, other than on a con-struction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph
(d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Of-feror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifica-tions in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
__ (i) Paragraph (d) applies.
__ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifica-tions in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agree-ments or Statements-Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that--
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic rollback;; Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance.This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to so-licitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the con-tract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitation that include the clause at 52.204-7.
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I ap-plies.
(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II ap-plies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III ap-plies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provi-sion applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relat-ing to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provi-sion applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
__ (i) 52.204-17, Ownership or Control of Offeror.
__ (ii) 52.204-20, Predecessor of Offeror.
__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Main-tenance, Calibration, or Repair of Certain Equipment-Certification.
__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
__ (vii) 52.227-6, Royalty Information.
__ (A) Basic.
__(B) Alternate I.
__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by ref-erence (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause # Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
Clause Title
52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)
52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)
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 indic-ator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Feder-al Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Con-tact sections of the registration in the 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)(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 pre-pared 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).
(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 ht-tps://www.sam.gov for information on registration.
(End of clause)
52.214-34 Submission of Offers in the English Language (Apr 1991)
Offers submitted in response to this solicitation…
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