Sol_DTFASA-17-R-00370.pdf
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SOLICITATION, OFFER
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION
A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" means "bid" and "bidder"
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED BID (RFP)
WS-17-00657
FEDERAL AVIATION ADMINISTRATION
WESTERN SERVICE AREA
1601 LIND AVE SW
AAQ-530-ANM ACQUISITION GROUP
AAQ530ANM-AFN
RENTON WA 98057
cindi.tjelde@faa.gov
Cynthia Tjelde 425-227-2690 x
03/21/2017 57
PURCHASE REQUEST NO.
DTFASA-17-R-00370
10. THE CONTRACT AUTHORITY REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
See attached Solicitation No. DTFASA-17-R-00370
11. The Contractor shall begin performance within
12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
award notice to proceed. The performance period is mandatory, negotiable. (See ________________________________________________ .)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and is not required.is, B. An offer guarantee
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.
(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.
D. Offers providing less than
12B. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in item 12B.)
5 60 calendar days and complete it within ________________ ________________ calendar days after receiving
1 1700
04/25/2017 x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Contract Authority acceptance after the date offers are due will not be considered and will _________________ be rejected.
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Contract Authority in writing 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.)
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
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (MUST BE FULLY COMPLETED BY OFFEROR)
(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 Contract Authority)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document and return (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 Contract Authority 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. CONTRACT AUTHORITY 31C. AWARD DATE
BY
2PAGE OF
FEDERAL AVIATION ADMINISTRATION
WESTERN SERVICE AREA
1601 LIND AVE SW
AAQ-530-ANM ACQUISITION GROUP
AAQ530ANM-AFN
RENTON WA 98057
Cynthia A. Tjelde
28. NEGOTIATED AGREEMENT 29. AWARD
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 incorporated by reference in or attached to this contract.
copies to issuing office.)
Continued...
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 57
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
DTFASA-17-R-00370
(A) (B) (C) (D) (E) (F)
Delivery: 60 Days After Notice to Proceed
Delivery Location Code: 4699129F
4699129F
699129 DOT FAA TWSCZOA
ZOA OAKLAND CA ARTCC WP2102
5125 CENTRAL AVE F
FREMONT CA 945366531 US
Period of Performance: 05/01/2017 to 10/31/2017
0001 RESTROOM REMODEL AT OAKLAND ARTCC
Electronic & IT: 03
DTFASA-17-R-00370
Section B ‐ Supplies or Services/Prices
| B001. | PRICES/COSTS: | The | Contractor | is | required | to | furnish | all | labor, | tools, | materials, | services, | ||
| equipment, | transportation, | insurance, | bonds, | security | notifications, | submittals, | supervision, | |||||||
| licenses, | permits, | state | sales | taxes | and | fees | in | accordance | with | applicable | federal, | state, | and | local |
| regulatory | requirements | for | the | demolition, | abatement, | and | renovation | of | the | Administration | ||||
| Building | Basement | Restroom | at | the | Oakland | Air | Route | Traffic | Control | Center | (ARTCC) | in | Fremont, | |
| CA, | in | accordance | with | the | specifications, | drawings, | contract | clauses, | and | applicable | wage | rates. |
Contract Line
Item Description Materials Labor Total
Restroom Renovation Project
Please provide a breakdown of pricing as follows:
Breakdown of Pricing
Description Materials Labor Total
General Condition
Abatement
Site Work and Demolition
Concrete
Masonry
Thermal Protection
| Doors, | Frames, | and |
| Door | Hardware |
Finishes
Restroom Accessories
Janitorial Closet Accessories
Plumbing
HVAC
Electrical
Utilities
| Temporary | Janitorial |
| Closet | and |
Functionality
Structural Steel
Planks
| Structural | Analysis | of |
| Steel | Planks |
TOTALS
| The | offered | price | must | encompass | all | costs | related | to | (a) | direct | and | indirect | labor, | fringe | benefits, |
| overhead, | G&A | expenses, | profit, | material, | equipment, | other | direct | costs, | insurance, | freight, | |||||
| handling, | transportation, | inspection, | testing, | operation | and | maintenance | manuals, | bonds, | etc., | (b) | |||||
| federal, | state, | and | local | taxes, | (c) | all | applicable | fees | permits, | licenses, | and | (d) | any | miscellaneous |
charges.
| In | the | event | of | any | disparity | between | the | CLIN | price | and | the | breakdown | in | pricing, | the | CLIN |
| price | will | be | deemed | correct. | The | breakdown | in | pricing | is | for | information | only | and | will | be | |
| utilized | to | assist | in | evaluating | offers | against | the | Independent | Government | Cost | Estimate |
(IGCE).
| Effective | April | 1, | 1996, | the | Federal | Aviation | Administration | (FAA) | began | operating | under | the | new | FAA |
| Acquisition | Management | System. | The | 1996 | DOT | Appropriation | Act, | Public | Law | 104‐50, | mandated | that | ||
| the | FAA | rewrite | its | acquisition | regulations | and | granted | legislative | relief | from | certain | laws. | The | |
| Federal | Acquisition | Regulations | (FAR), | Federal | Acquisition | Streamlining | Act | of | 1994, | Small | Business | |||
| Act, | and | Competition | in | Contracting | Act, | are | three | of | these | laws. |
B002. FAA INSURANCE REQUIREMENTS: Worker’s compensation and employer’s liability.
| a. | The | Contractor | is | to | procure | and | maintain | during | the | entire | period | of | performance | under | this |
| contract | the | following | minimum | insurance. |
Type Amount
Automobile Liability $ 200,000 per person
Bodily Injury Liability $ 500,000 per occurrence
Property Damage $ 20,000 per occurrence
Comprehensive General Liability
Bodily Injury $100,000/$500,000
Workers’ Compensation and Employers’ Liability
Workers’ Compensation and Occupational Disease Statutory
Employer’s Liability $100,000
B003. SET‐ASIDE DETERMINATION:
| This | procurement | is | being | set | aside | exclusively | for | competition | among | ALL | Small | Business | |||
| Concerns. | Offerors’ | business | size | will | be | verified | by | NAICS | code | and | through | their | System | for | |
| Award | Management | (SAM.gov) | account. | SBA | 8(a) | and | Service | Disabled | Veteran | Owned | Small | ||||
| Businesses | are | encouraged | to | submit | an | offer. |
| APPLICABLE | NAICS | CODE: | 236210 | – | Industrial | Building | Construction, | with | a | size | standard | of |
| $36.5 | Million. |
B004. PERIOD OF PERFORMANCE. 60 calendar days after issuance of Notice to Proceed (NTP).
| B005. | SITE | VISIT. | A | site | visit | for | this | project | will | be | held | on | Tuesday, | April | 11, | 2017, | at | 10:00 | ||
| a.m. | The | site | visit | is | not | mandatory, | but | highly | encouraged, | so | that | the | offeror | and | potential | |||||
| subcontractors | can | see | the | facility’s | layout, | understand | security | processes, | fully | understand | the | |||||||||
| scope | of | the | project, | and | provide | accurate | pricing | for | the | project. | Please | RSVP | for | the | site | visit | by | |||
| contacting | Woody | Dias | at | woody.dias@faa.gov | or | (310)725‐7725 | by | 4:00 | p.m. | (Pacific | Time) | on | ||||||||
| Thursday, | April | 6, | 2017. | Any | attempts | to | RSVP | past | the | deadline | date | may | not | be | approved. |
| B006. | BADGES. | Offeror | is | responsible | for | obtaining | all | necessary | badges | prior | to | the | issuance | of | ||
| the | NTP. | The | badging | process | should | begin | immediately | after | award | to | ensure | the | security | |||
| department | has | enough | time | to | process | requests | before | the | project | starts. | See | specifications | for | |||
| additional | information | regarding | the | badging | process. |
| B007. | Per | clause | 3.2.2.3‐41 | Performing | Work | (July | 2004), | the | Prime | Contractor | is | required | to | |||
| perform | 15% | of | the | work | with | their | own | forces. | See | Section | I | for | the | complete | details. |
ESTIMATED PRICE RANGE FOR THIS PROJECT IS BETWEEN $100,000.00 AND $300,000.00.
Section C ‐ Description/Specifications
See Attachment 1 ‐ Specifications.
Section D ‐ Packaging and Marking
Not used.
Section E ‐ Inspection and Acceptance
Clauses
3.10.4‐10 INSPECTION OF CONSTRUCTION (SEP 2009)
| 3.10.4‐11 | INSPECTION | ‐ | DISMANTLING, | DEMOLITION, | OR | REMOVAL | OF | IMPROVEMENTS |
| (APR | 1996) |
3.1‐1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
| This | screening | information | request | (SIR) | or | contract, | as | applicable, | incorporates | by | reference | the | ||||||
| provisions | or | clauses | listed | below | with | the | same | force | and | effect | as | if | they | were | given | in | full | text. |
| Upon | request, | the | Contracting | Officer | will | make | the | full | text | available, | or | offerors | and | contractors | ||||
| may | obtain | the | full | text | via | Internet | at: | http://conwrite.faa.gov. |
(End of clause)
Section F ‐ Deliveries or Performance
Clauses
3.1‐1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
| This | screening | information | request | (SIR) | or | contract, | as | applicable, | incorporates | by | reference | the | ||||||
| provisions | or | clauses | listed | below | with | the | same | force | and | effect | as | if | they | were | given | in | full | text. |
| Upon | request, | the | Contracting | Officer | will | make | the | full | text | available, | or | offerors | and | contractors | ||||
| may | obtain | the | full | text | via | Internet | at: | http://conwrite.faa.gov. |
(End of clause)
3.10.1‐11 GOVERNMENT DELAY OF WORK (APR 1996)
3.10.1‐24 NOTICE OF DELAY (MAR 2009)
Section G ‐ Contract Administration Data
Clauses
3.1‐1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
| This | screening | information | request | (SIR) | or | contract, | as | applicable, | incorporates | by | reference | the | ||||||
| provisions | or | clauses | listed | below | with | the | same | force | and | effect | as | if | they | were | given | in | full | text. |
| Upon | request, | the | Contracting | Officer | will | make | the | full | text | available, | or | offerors | and | contractors | ||||
| may | obtain | the | full | text | via | Internet | at: | http://conwrite.faa.gov. |
(End of clause)
3.10.1‐22 CONTRACTING OFFICER'S REPRESENTATIVE (APR 2012)
3.10.1‐23 CONTRACTING OFFICER'S REPRESENTATIVE‐CONSTRUCTION CONTRACTS (APR
2012)
| (a) | The | Contracting | Officer | may | appoint | other | Government | personnel | to | accomplish | certain | |||||
| contract | administration | matters. | While | there | shall | be | various | titles | and | divisions | of | duties | for | these | ||
| individuals, | generically | they | are | known | as | Contracting | Officer's | Representatives | (CORs). | The | ||||||
| Contracting | Officer | will | provide | written | notice | of | COR | appointment(s), | setting | forth | the | authorities | ||||
| and | limitations, | to | the | Contractor | within | 5 | calendar | days | prior | to | the | notice | to | proceed. | COR | duties |
| may | include, | but | are | not | limited | to: |
| (1) | Perform | as | the | authorized | representative | of | the | Contracting | Officer | for | technical | matters, |
| including | interpretation | of | specifications | and | drawings, | and | inspection | and | review | of | work |
performed.
| (2) | Perform | as | the | authorized | representative | of | the | Contracting | Officer | for | administrative | matters, |
| including | reviewing | payments, | and | updated | delivery | schedules. |
| (b) | These | representatives | are | authorized | to | act | for | the | Contracting | Officer | in | all | specifically |
| delegated | matters | pertaining | to | the | contract, | except: |
| (1) | contract | modifications | that | change | the | contract | price | or | cost, | technical | requirements | or | time | for |
| performance, | unless | delegated | field | change | order | authority; |
(2) suspension or termination of the Contractor's right to proceed, either for default or for convenience;
| (3) | final | decisions | on | any | matters | subject | to | appeal, | e.g., | disputes | under | the | "Contract | Disputes" |
| clause; | and |
(4) final acceptance under the contract.
(End of clause)
G001. Correspondence
| Proper | routing | and | distribution | of | correspondence | is | required | to | ensure | that | the | Contracting | |||
| Officer | has | knowledge | of | pertinent | actions | taken | relating | to | the | contract. | The | Contractor | must | cc: | |
| cindi.tjelde@faa.gov | on | ALL | written | correspondence | provided | to | the | Contracting | Officer’s | ||||||
| Representative | (COR), | including | transmittal | letters. | Submittals | accompanying | transmittal | ||||||||
| letter | to | the | COR | need | not | be | forwarded | to | the | Contracting | Officer. |
G002. Invoice Submission
| Partial | payments | based | on | actual | project | completion | are | authorized | under | this | contract. | Payment | ||||||
| will | be | made | at | a | rate | of | 100% | of | progress, | without | retainage, | until | the | project | has | reached | 85% | of |
| the | project | value. | The | remainder | will | be | paid | upon | project | completion | and | acceptance. |
| Payrolls | must | be | submitted | along | with | any | application | for | payment. | Fringe | benefits | paid, | if | any, | must |
| be | clearly | identified. | See | contract | clause | 3.2.2.3‐56 | Schedule | for | Construction | Contracts | (July | 2004,) | for | ||
| additional | application | for | payment | requirements. |
G003. Subcontract Acknowledgement
| Within | ten | (10) | calendar | days | after | contract | award | of | any | tier | subcontract | for | performance | or | |
| work | at | the | construction | site, | the | contractor | must | deliver | to | the | Contacting | Officer | an | executed | SF |
| 1413, | Statement | and | Acknowledgement | form | by | which | the | contactor | and | the | subcontractor | ||||
| acknowledges | that | the | labor | standard | clauses | of | this | contract | have | been | included | in | the | subcontract | |
| and | in | any | lower | tier | subcontract | awarded | by | her/him | for | work | under | this | contract | (also | reference |
| contract | clause | 3.6.2‐22 | Subcontracts | (Labor | standards)). | The | Contracting | Officer | will | furnish | |||||
| copies | of | the | form | to | the | contractor. | Nothing | contained | in | this | contract | creates | any | contractual | |
| relationship | between | a | subcontractor | and | the | Government. |
G004. Bond Requirement:
| Bid, | Performance | and | Payment | bonds | are | required | and | shall | be | submitted | within | ten | (10) | |
| calendar | days | of | written | notice | of | contract | award. | The | penal | sums | are | as | follows: |
| a. | The | contractor | is | required | to | submit | a | performance | bond | in | a | penal | amount | equal | to | |
| 100% | of | the | contract | price | within | the | time | stated | above. |
| b. | The | contractor | is | required | to | submit | a | payment | bond | in | a | penal | amount | equal | to | |
| 100% | of | the | contract | price | within | the | time | stated | above. |
Section H ‐ Special Contract Requirements
Clauses
3.1.9‐1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2013)
| (a) | The | Electronic | Signatures | in | Global | and | National | Commerce | Act | (E‐SIGN) | establishes | a | legal |
| equivalence | between: |
| (1) | Contracts | written | on | paper | and | contracts | in | electronic | form; | ||
| (2) | Pen‐and‐ink | signatures | and | electronic | signatures; | and | |||||
| (3) | Other | legally‐required | written | records | and | the | same | information | in | electronic | form. |
| (b) | With | the | submission | of | an | offer, | the | offeror | acknowledges | and | accepts | the | utilization | of |
| electronic | commerce | as | part | of | the | requirements | of | this | solicitation | and | the | resultant | contract. |
| (c) | Certain | documents | may | need | to | be | provided | or | maintained | in | original | form, | such | as | large | scale |
| drawings | impractical | to | convert | to | electronic | format | or | a | document | with | a | raised | seal | signifying | ||
| authenticity. | This | clause | does | not | change | or | affect | any | other | requirements | that | a | document | must | be | |
| in | paper | format | to | satisfy | legal | requirements | such | as | for | certain | real | estate | transactions. |
| (d) | The | use | of | electronic | signature | technology | is | authorized | under | this | solicitation | and | the | resulting |
| contract. | Contractors | may | use | the | following | means | of | electronic | signature | technology: | Adobe | digital | ||
| signatures | and | scanned | signatures. |
(End of Clause)
3.8.2‐17 KEY PERSONNEL AND FACILITIES (MAY 1997)
| (a) | The | personnel | and/or | facilities | as | specified | below | are | considered | essential | to | the | work | being | |
| performed | hereunder | and | may, | with | the | consent | of | the | contracting | parties, | be | changed | from | time | to |
| time | during | the | course | of | the | contract. |
| (b) | Prior | to | removing, | replacing, | or | diverting | any | of | the | specified | personnel | and/or | facilities, | the |
| Contractor | shall | notify | in | writing, | and | receive | consent | from, | the | Contracting | Officer | reasonably | in | |
| advance | of | the | action | and | shall | submit | justification | (including | proposed | substitutions) | in | sufficient | ||
| detail | to | permit | evaluation | of | the | impact | on | this | contract. |
(c) No diversion shall be made by the Contractor without the written consent of the Contracting Officer.
(d) The key personnel and/or facilities under this contract are:
| Contractor's | Project | Manager |
| On‐Site | Superintendent |
(End of clause)
H001. Clean Up and Waste Disposal
| The | worksite, | including | storage | areas, | must | be | kept | clean | and | orderly | during | the | progress | of | this | |
| project. | The | Contractor | must | collect | all | waste | materials, | debris, | and | rubbish | and | dispose | of | them | in | |
| an | on‐site | enclosed | container, | supplied | by | the | contractor. | See | section | 017700 | – | Closeout | Procedures | |||
| in | the | attached | Specifications | for | additional | information | regarding | additional | clean | up | and | waste | ||||
| disposal | requirements. |
H002. Applicable Minimum Hourly Rates of Wage
| (a) | The | wage | determination | decision | of | the | Secretary | of | Labor | in | this | contract | specifies | the | |||
| minimum | hourly | rates | of | wages | which | shall | be | paid | to | laborers | and | mechanics | employed | or | |||
| working | upon | the | site | of | the | work. | These | rates | have | been | determined | by | the | Secretary | of | Labor | in |
| accordance | with | the | provisions | of | the | Davis‐Bacon | Act, | as | amended, | to | be | the | prevailing | rates | for | ||
| the | corresponding | classes | of | laborers | employed | on | contracts | of | a | similar | character | in | the | locality | |||
| where | this | work | is | to | be | performed. |
| (b) | While | the | wage | rates | given | in | the | decision | are | the | minimum | rates | required | to | be | paid | during | the |
| life | of | the | contract, | it | is | the | responsibility | of | bidders | to | inform | themselves | as | to | local | labor | ||
| conditions | such | as | the | prevailing | wage | rates, | the | length | of | the | work | day | and | work | week, | overtime | ||
| compensation | fringe | benefit | payments, | available | labor | supply, | and | prospective | changes | or | ||||||||
| adjustment | to | wage | rates. | The | contractor | shall | abide | by | and | conform | to | all | applicable | laws, | ||||
| Executive | Orders, | and | rules, | regulations | and | orders | of | the | Secretary | of | Labor. | No | increase | in | the | |||
| contract | price | shall | be | allowed | or | authorized | on | account | of | the | payment | of | wage | rates | in | excess | of | |
| those | listed | in | the | contract | wage | determination | decision. |
| (c) | The | wage | determination | decision | of | the | Secretary | of | Labor | in | the | contract | is | solely | for | the | |
| purpose | of | setting | forth | the | minimum | hourly | wage | rates | required | to | be | paid | during | the | life | of | the |
| contract | is | not | to | be | accepted | as | a | guarantee, | warranty | or | representation | as | the | wage | rates |
indicated.
| NOTE: | THE | DAVIS‐BACON | ACT | IS | APPLICABLE | (SEE | CONTRACT | CLAUSES). | REFERENCE | THE | |||
| ATTACHED | GENERAL | WAGE | DECISION | NO. | CA170029, | DATED | 3/10/2017, | FOR | ALAMEDA | ||||
| COUNTY | IN | THE | STATE | OF | CALIFORNIA | (SEE | SECTION | “J”). | THIS | WAGE | DECISION | IS | HEREBY |
| INCORPORATED | INTO | THIS | SCREENING | INFORMATION | REQUEST | (SIR) | AND | WILL | BE | A | PART | OF | |
| ANY | RESULTANT | CONTRACT. |
H003. Submittals
See the Scope of Work/Specifications for required submittals.
Section I ‐ Contract Clauses
Clauses
3.1‐1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
| This | screening | information | request | (SIR) | or | contract, | as | applicable, | incorporates | by | reference | the | ||||||
| provisions | or | clauses | listed | below | with | the | same | force | and | effect | as | if | they | were | given | in | full | text. |
| Upon | request, | the | Contracting | Officer | will | make | the | full | text | available, | or | offerors | and | contractors | ||||
| may | obtain | the | full | text | via | Internet | at: | http://conwrite.faa.gov. |
(End of clause)
3.1.7‐2 ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 1997)
3.2.2.3‐33 ORDER OF PRECEDENCE (MAR 2009)
3.2.2.3‐41 PERFORMING WORK (JUL 2004)
| The | Contractor | (you) | must | perform, | using | your | own | organization, | work | equivalent | to | at | least | 15 | ||||
| percent | of | the | total | amount | of | work | under | the | contract | on | the | site. | The | CO | may | modify | this | contract |
| to | reduce | this | percentage | if | you | request | a | reduction | and | the | CO | determines | that | it | would | be | to | the |
| Government's | advantage | to | do | so. |
(End of clause)
3.2.2.3‐42 DIFFERING SITE CONDITIONS (JUL 2004)
3.2.2.3‐43 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (JUL 2004)
3.2.2.3‐45 MATERIAL AND WORKMANSHIP (JUL 2004)
3.2.2.3‐46 SUPERVISING THE CONTRACT WORK (JUL 2004)
3.2.2.3‐47 PERMITS AND RESPONSIBILITIES (JUL 2004)
3.2.2.3‐48 OTHER CONTRACTS (MAR 2009)
| 3.2.2.3‐49 | PROTECTING | EXISTING | VEGETATION, | STRUCTURES, | EQUIPMENT, | UTILITIES, | AND |
| IMPROVEMENTS | (JUL | 2004) |
3.2.2.3‐50 PROPERTY PROTECTION (OCT 2014)
3.2.2.3‐51 OPERATIONS AND STORAGE AREAS (APR 2012)
3.2.2.3‐52 USE AND POSSESSION BEFORE THE PROJECT IS COMPLETE (JUL 2004)
3.2.2.3‐53 CLEANING UP AND ROADWAY MAINTENANCE (JUL 2004)
3.2.2.3‐54 PREVENTING ACCIDENTS (JUL 2004)
3.2.2.3‐55 AVAILABILITY AND USE OF UTILITY SERVICES (JUL 2004)
3.2.2.3‐56 SCHEDULES FOR CONSTRUCTION CONTRACTS (JUL 2004)
3.2.2.3‐58 LAYOUT OF WORK (MAR 2009)
3.2.2.3‐59 ORGANIZATION AND DIRECTION OF THE WORK (JUL 2004)
3.2.2.3‐60 SPECIFICATIONS, DRAWINGS, AND MATERIAL OFFERS (MAR 2009)
| 3.2.2.3‐60 | SPECIFICATIONS, | DRAWINGS, | AND | MATERIAL | OFFERS | (MAR | 2009) | ‐ | ALTERNATE |
| II | (JUL | 2004) |
| (a) | If | either | the | specifications | or | the | drawings | (but | not | both) | mention | tasks, | the | Contractor | (you) | ||
| must | assume | that | the | tasks | are | in | both. | If | the | drawings | and | specifications | differ, | the | specifications | ||
| govern. | If | there | is | a | discrepancy | in | the | figures, | in | the | drawings, | or | in | the | specifications, | submit | the |
| matter | promptly | to | the | Contracting | Officer | (CO), | who | will | promptly | determine | which | governs, | and | ||||
| notify | you | in | writing. | Any | adjustment | you | make | without | the | CO's | determination | is | at | your | own | risk | |
| and | expense. | From | time | to | time | the | CO | will | provide | necessary | detailed | drawings | and | other | |||
| information, | unless | otherwise | provided. | ||||||||||||||
| (b) | Wherever | in | the | specifications | or | the | drawings | FAA | (we, | our) | uses | "directed," | "required," | ||||
| "ordered," | "designated," | "prescribed," | or | similar | words, | they | refer | to | the | CO's | requirements. | ||||||
| Similarly, | "approved," | "acceptable," | "satisfactory," | or | similar | words | refer | to | the | CO's | approval, | ||||||
| unless | otherwise | expressly | stated. | You | must | have | a | complete | set | of | plans | and | specifications | on | site | ||
| and | available | for | our | use. |
| (c) | Where | we | use | "as | shown," | "as | indicated," | "as | detailed," | or | similar | words, | they | refer | to | the |
| drawings | accompanying | this | contract, | unless | stated | otherwise. | The | word | "provided" | means | ||||||
| "provided | and | installed." |
| (d) | Omissions | from | the | drawings | and | specifications | or | the | erroneous | description | of | details | of | work | ||
| which | are | necessary | to | carry | out | the | intent | of | the | drawings | and | specifications, | or | which | are | |
| customarily | performed, | does | not | relieve | you | from | performing | those | omitted | or | erroneously | |||||
| described | details | of | the | work. | You | must | perform | them | as | if | fully | and | correctly | set | forth | and |
| described | in | the | drawings | and | specifications. |
| (e) | You | must | check | all | drawings | we | provide | to | you | before | starting | work | and | must | promptly | notify | |
| the | CO | of | any | discrepancies. | In | general | you | should | follow | figures | marked | on | drawings, | rather | than | ||
| scale | measurements. | In | general, | large | scale | drawings | have | precedence | over | small | scale | drawings. | |||||
| You | must | compare | all | drawings | and | verify | the | figures | before | laying | out | the | work. | If | you | do | not |
| verify | the | figures, | you | will | be | responsible | for | any | errors | you | might | have | avoided | had | you | verified |
them.
| (f) | "Shop | drawings" | means | drawings, | you | or | any | subcontractor | submit | to | us | under | a | construction |
| contract, | showing | in | detail | the | proposed | fabrication | and | assembly | of | structural | elements | and | the | |
| installation | (that | is, | form, | fit, | and | attachment | details) | of | materials | or | equipment. | It | includes | |
| drawings, | diagrams, | layouts, | schematics, | descriptive | literature, | illustrations, | schedules, |
| performance | and | test | data, | and | similar | materials | you | provided | to | explain | in | detail | specific | portions |
| of | the | work | the | contract | requires. |
| FAA | may | duplicate, | use, | and | disclose | in | any | manner | and | for | any | purpose | shop | drawings | you | deliver |
| under | this | contract. |
| (g) | If | this | contract | requires | material | offers | (for | example, | shop | drawings, | catalog | cuts, | certificates | of | |||
| conformance), | you | must | coordinate | all | of | your | offers, | and | review | them | for | accuracy, | completeness, | ||||
| and | compliance | with | contract | requirements. | You | must | provide | evidence | that | you | approve | the | |||||
| submittals. | If | you | submit | materials | to | us | without | this | evidence, | we | may | return | them | and | ask | you | to |
| resubmit | them. | The | CO | will | indicate | whether | he | or | she | approves | or | disapproves | your | offer, | and | if | |
| the | CO | does | not | approve | it | as | submitted, | will | indicate | our | reasons | for | rejecting | it. | Any | work | done |
| before | the | CO's | approval | is | at | your | risk. | The | CO's | approval | does | not | relieve | you | from | responsibility | |
| for | any | errors | or | omissions | in | the | submittals, | nor | from | responsibility | for | complying | with | the | |||
| contract | requirements, | except | as | described | under | (h). |
| (h) | If | you | submittals | vary | from | the | contract | requirements, | you | must | describe | the | variations | in | ||||
| writing, | separate | from | the | submittal, | when | you | submit | them. | Send | this | description, | a | copy | of | the | |||
| offer, | and | a | proposal | to | incorporate | it | into | the | contract | directly | to | the | CO. | If | the | CO | approves | a |
| variation, | the | CO | must | issue | an | appropriate | contract | modification, | unless | the | variation | is | minor | or | ||||
| does | not | involve | a | change | in | price | or | in | time | of | performance. |
| (i) | You | must | submit | to | the | CO | for | approval | four | copies | (unless | otherwise | indicated) | of | all | shop |
| drawings | as | called | for | under | the | various | headings | of | these | specifications. | The | CO | will | keep | three | |
| sets | (unless | otherwise | indicated) | of | all | offers | and | will | return | one | set | to | you. |
(j) You must insert this clause, with appropriate changes in the designation of the parties, in all subcontracts.
| (k) | When | you | finish | the | work | under | this | contract, | you | must | provide | 4 | complete | sets | of | all | shop |
| drawings | as | we | finally | approve | them. | These | drawings | must | show | all | changes | and | revisions | made | up | ||
| to | the | time | you | finish | the | work | and | we | accept | it. |
(End of clause)
3.2.2.3‐62 PRECONSTRUCTION CONFERENCE (JUL 2004)
| The | successful | offeror | must | attend | a | pre‐construction | conference | at | a | site | the | Contracting | Officer |
| designates | before | starting | the | work. |
(End of clause)
3.2.2.3‐66 CONTRACTOR'S DAILY LOG (JUL 2004)
3.2.2.3‐68 SAFETY AND HEALTH (OCT 2014)
3.2.2.3‐68 SAFETY AND HEALTH (OCT 2014) ‐ ALTERNATE I (JUL 2004)
(a) Before beginning work, the Contractor (you) must:
| (1) | Perform | a | hazards | analysis | of | the | work | specified | in | this | contract. | Consider | both | the | site | and |
| adjacent | conditions. | Identify | all | significant | hazards. | Some | of | the | hazards | you | might | encounter | are | |||
| electrical | hazards, | slips, | trips, | falls, | power | tools, | etc. |
| (2) | Submit | a | safety | plan | for | dealing | with | each | specific | hazard | identified, | whether | you | or | FAA |
| identified | it. |
| (3) | Meet | with | the | CO's | representatives | during | the | preconstruction | conference | to | discuss | and | to |
| develop | a | mutual | understanding | about | the | content | and | implementation | of | the | plan. |
| (4) | The | CO | or | her | or | his | representatives | may | require | other | hazards | to | be | added | to | the | plan. | If | the |
| CO | determines | that | your | planned | hazard | avoidance | measures | are | insufficient, | the | CO | or | a | ||||||
| designated | representative | may | require | you | to | revise | the | plan. | You | may | not | begin | work | involving | |||||
| identified | hazards | unless | you | have | submitted | adequate | plans | to | the | CO | and | the | CO | has | reviewed | ||||
| them. | This | approval | does | not | relieve | you | of | your | liability | for | safe | performance. |
(End of clause)
3.2.2.3‐69 SUBCONTRACTS ‐ CONSTRUCTION (JUL 2004)
3.2.2.3‐69 SUBCONTRACTS ‐ CONSTRUCTION (JUL 2004) ‐ ALTERNATE I (JUL 2004)
3.2.2.3‐71 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (JUL 2004)
| The | Contractor | (you) | must | ||||||||||||||
| (a) | begin | work | under | this | contract | within | 5 | calendar | days | after | the | date | you | receive | the | notice | to |
proceed,
| (b) | perform | the | work | diligently, | and | ||||||||||||
| (c) | complete | the | entire | work | ready | for | use | not | later | than | 60 | calendar | days. | The | time | allowed | for |
| completion | must | include | final | cleanup | of | the | premises. |
(End of clause)
| 3.2.2.3‐83 | PROHIBITION | AGAINST | CONTRACTING | WITH | INVERTED | DOMESTIC |
| CORPORATIONS | (OCT | 2015) |
| 3.2.2.7‐6 | PROTECTING | THE | GOVERNMENT'S | INTEREST | WHEN | SUBCONTRACTING | WITH | |
| CONTRACTORS | DEBARRED, | SUSPENDED, | OR | PROPOSED | FOR | DEBARMENT | (APR | 2011) |
3.2.2.7‐8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)
3.2.5‐1 OFFICIALS NOT TO BENEFIT (APR 1996)
3.2.5‐3 GRATUITIES OR GIFTS (JAN 1999)
3.2.5‐4 CONTINGENT FEES (OCT 1996)
3.2.5‐5 ANTI‐KICKBACK PROCEDURES (OCT 2010)
3.2.5‐8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 1996)
3.3.1‐2 PAYMENTS UNDER FIXED‐PRICE CONSTRUCTION CONTRACTS (APR 1996)
3.3.1‐9 INTEREST (SEP 2009)
3.3.1‐15 ASSIGNMENT OF CLAIMS (APR 1996)
3.3.1‐19 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (SEP 2009)
3.3.1‐20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (OCT
2012)
3.3.1‐31 PROGRESS PAYMENTS (NOV 2000) ‐ ALTERNATE I (NOV 1997)
Substitute the following paragraphs (a)(1) and (a)(2) in the basic clause
| Progress | payments | shall | be | made | to | the | Contractor | when | requested | as | work | progresses, | but | not |
| more | frequently | than | monthly | in | amounts | approved | by | the | Contracting | Officer, | under | the | following |
conditions:
(a) Computation of amounts.
(1) Unless the Contractor requests a smaller amount, each progress payment shall be computed as
| (i) | 85 | percent | of | the | Contractor's | total | costs | incurred | under | this | contract | whether | or | not | actually |
| paid, | plus |
| (ii) | Progress | payments | to | subcontractors | (see | paragraph | (j) | below), | all | less | the | sum | of | all | previous |
| progress | payments | made | by | the | Government | under | this | contract. |
(iii) Cost of money is allowable subject to the requirements of clause 3.3.2‐1, "FAA Cost Principles".
| (2) | Accrued | costs | of | Contractor | contributions | under | employee | pension | plans | shall | be | excluded | until |
| actually | paid | unless" |
| (i) | The | Contractor's | practice | is | to | make | contributions | to | the | retirement | fund | quarterly | or | more |
| frequently; | and |
| (ii) | The | contribution | does | not | remain | unpaid | 30 | days | after | the | end | of | the | applicable | quarter | or |
| shorter | payment | period | (any | contribution | remaining | unpaid | shall | be | excluded | from | the | |||||
| Contractor's | total | costs | for | progress | payments | until | paid). |
| (A) | Materials | issued | from | the | Contractor's | stores | inventory | and | placed | in | the | production | process |
| for | use | on | this | contract. |
(B) Direct labor, direct travel, and other direct in‐house costs.
(C) Properly allocable and allowable indirect costs.
| (iii) | Accrued | costs | of | Contractor | contributions | under | employee | pension | or | other | postretirement | ||
| benefit, | profit | sharing, | and | stock | ownership | plans | shall | be | excluded | until | actually | paid | unless‐‐ |
(A) The Contractor's practice is to contribute to the plans quarterly or more frequently; and
| (B) | The | contribution | does | not | remain | unpaid | 30 | days | after | the | end | of | the | applicable | quarter | or |
| shorter | payment | period | (any | contributions | remaining | unpaid | shall | be | excluded | from | the | |||||
| Contractor's | total | costs | for | progress | payments | until | paid). |
| (iv) | If | the | contract | is | subject | to | the | special | transition | method | authorized | in | Cost | Accounting |
| Standard | (CAS) | 410, | Allocation | of | Business | Unit | General | and | Administrative | Expense | to | Final | Cost | |
| Objective, | General | and | Administrative | expenses | (G&A) | shall | not | be | included | in | progress | payment | ||
| requests | until | the | suspense | account | prescribed | in | CAS | 410 | is | less | than‐‐ |
(A) Five million dollars; or
| (B) | The | value | of | the | work‐in‐process | inventories | under | contracts | entered | into | after | the | suspense | ||||
| account | was | established | (only | a | pro | rata | share | of | the | G&A | allocable | to | the | excess | of | the | inventory |
| over | the | suspense | account | value | is | includable | in | progress | payment | requests | under | this | contract). |
| (3) | The | Contractor | shall | not | include | the | following | in | total | costs | for | progress | payment | purposes | in |
| subparagraph | (a)(1)(i) | above: |
| (i) | Costs | that | are | not | reasonable, | allocable | to | this | contract, | and | consistent | with | sound | and | generally |
| accepted | accounting | principles | and | practices. |
(ii) Costs incurred by subcontractors or suppliers.
| (iii) | Costs | ordinarily | capitalized | and | subject | to | depreciation | or | amortization | except | for | the | properly |
| depreciated | or | amortized | portion | of | such | costs. |
(iv) Payments made or amounts payable to subcontractors or suppliers, except for‐‐
(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and
| (B) | Work | under | cost‐reimbursement | or | time‐and‐material | subcontracts | to | which | the | Contractor |
| has | acquired | title. |
| (4) | The | amount | of | unliquidated | progress | payments | may | exceed | neither | (i) | the | progress | payments | ||
| made | against | incomplete | work | (including | allowable | unliquidated | progress | payments | to | ||||||
| subcontractors) | nor | (ii) | the | value, | for | progress | payment | purposes, | of | the | incomplete | work. | |||
| Incomplete | work | shall | be | considered | to | be | the | supplies | and | services | required | by | this | contract, | for |
| which | delivery | and | invoicing | by | the | Contractor | and | acceptance | by | the | Government | are | incomplete. |
(5) The total amount of progress payments shall not exceed 80 percent of the total contract price.
| (6) | If | a | progress | payment | or | the | unliquidated | progress | payments | exceed | the | amounts | permitted | by | |
| subparagraphs | (a)(4) | or | (a)(5) | above, | the | Contractor | shall | repay | the | amount | of | such | excess | to | the |
| Government | on | demand | subject | to | an | interest | rate | based | upon | the | U.S. | treasury | rate | calculated |
| from | the | time | the | excess | payment | was | received | by | the | contractor | until | such | time | as | the |
| reimbursement | is | received | by | the | Government |
| (b) | Liquidation. | Except | as | provided | in | termination | clauses | of | the | contract, | all | progress | payments | |
| shall | be | liquidated | by | deducting | from | any | payment | under | this | contract, | other | than | advance | or |
| progress | payments, | the | unliquidated | progress | payments, | or | 80 | percent | of | the | amount | invoiced, | ||
| whichever | is | less. | The | Contractor | shall | repay | to | the | Government | any | amounts | required | by | a |
| retroactive | price | reduction, | after | computing | liquidations | and | payments | on | past | invoices | at | the | ||
| reduced | prices | and | adjusting | the | unliquidated | progress | payments | accordingly. | The | Government | ||||
| reserves | the | right | to | unilaterally | change | from | the | ordinary | liquidation | rate | to | an | alternate | rate |
| when | deemed | appropriate | for | proper | contract | financing. |
| (c) | Reduction | or | suspension. | The | Contracting | Officer | may | reduce | or | suspend | progress | payments, | |||
| increase | the | rate | of | liquidation, | or | take | a | combination | of | these | actions, | after | finding | on | substantial |
| evidence | any | of | the | following | conditions: |
| (1) | The | Contractor | failed | to | comply | with | any | material | requirement | of | this | contract | (which | includes |
| paragraphs | (f) | and | (g) | below). |
| (2) | Performance | of | this | contract | is | endangered | by | the | Contractor's | (i) | failure | to | make | progress | or |
| (ii) | unsatisfactory | financial | condition. |
(3) Inventory allocated to this contract substantially exceeds reasonable requirements.
| (4) | The | Contractor | is | delinquent | in | payment | of | the | costs | of | performing | this | contract | in | the | ordinary |
| course | of | business. |
| (5) | The | unliquidated | progress | payments | exceed | the | fair | value | of | the | work | accomplished | on | the |
| undelivered | portion | of | this | contract. |
| (6) | The | Contractor | is | realizing | less | profit | than | that | reflected | in | the | establishment | of | any | alternate | |
| liquidation | rate | in | paragraph | (b) | above, | and | that | rate | is | less | than | the | progress | payment | rate | stated |
| in | subparagraph | (a)(1) | above. |
(d) Title.
| (1) | Title | to | the | property | described | in | this | paragraph | (d) | shall | vest | in | the | Government. | Vestiture |
| shall | be | immediately | upon | the | date | of | this | contract, | for | property | acquired | or | produced | before | that |
| date. | Otherwise, | vestiture | shall | occur | when | the | property | is | or | should | have | been | allocable | or | |
| properly | chargeable | to | this | contract. |
| (2) | 'Property', | as | used | in | this | clause, | includes | all | of | the | below‐described | items | acquired | or | produced |
| by | the | Contractor | that | are | or | should | be | allocable | or | properly | chargeable | to | this | contract | under |
| sound | and | generally | accepted | accounting | principles | and | practices. |
(i) Parts, materials, inventories, and work in process;
| (ii) | Special | tooling | and | special | test | equipment | to | which | the | Government | is | to | acquire | title | under | any |
| other | clause | of | this | contract; |
| (iii) | Nondurable | (i.e., | noncapital) | tools, | jigs, | dies, | fixtures, | molds, | patterns, | taps, | gauges, | test | ||
| equipment, | and | other | similar | manufacturing | aids, | title | to | which | would | not | be | obtained | as | special |
| tooling | under | subparagraph | (ii) | above; | and |
| (iv) | Drawings | and | technical | data, | to | the | extent | the | Contractor | or | subcontractors | are | required | to |
| deliver | them | to | the | Government | by | other | clauses | of | this | contract. |
| (3) | Although | title | to | property | is | in | the | Government | under | this | clause, | other | applicable | clauses | of |
| this | contract; | e.g., | the | termination | or | special | tooling | clauses, | shall | determine | the | handling | and | ||
| disposition | of | the | property. |
| (4) | The | Contractor | may | sell | any | scrap | resulting | from | production | under | this | contract | without | |
| requesting | the | Contracting | Officer's | approval, | but | the | proceeds | shall | be | credited | against | the | costs | of |
performance.
| (5) | To | acquire | for | its | own | use | or | dispose | of | property | to | which | title | is | vested | in | the | Government |
| under | this | clause, | the | Contractor | must | obtain | the | Contracting | Officer's | advance | approval | of | the | |||||
| action | and | the | terms. | The | Contractor | shall | (i) | exclude | the | allocable | costs | of | the | property | from | the | ||
| costs | of | contract | performance, | and | (ii) | repay | to | the | Government | any | amount | of | unliquidated | |||||
| progress | payments | allocable | to | the | property. | Repayment | may | be | by | cash | or | credit | memorandum. |
| (6) | When | the | Contractor | completes | all | of | the | obligations | under | this | contract, | including | liquidation | |||
| of | all | progress | payments, | title | shall | vest | in | the | Contractor | for | all | property | (or | the | proceeds | thereof) |
not‐
(i) Delivered to, and accepted by, the Government under this contract; or
| (ii) | Incorporated | in | supplies | delivered | to, | and | accepted | by, | the | Government | under | this | contract | and |
| to | which | title | is | vested | in | the | Government | under | this | clause. |
| (7) | The | terms | of | this | contract | concerning | liability | for | Government‐furnished | property | shall | not |
| apply | to | property | to | which | the | Government | acquired | title | solely | under | this | clause. |
| (e) | Risk | of | loss. | Before | delivery | to | and | acceptance | by | the | Government, | the | Contractor | shall | bear | the | ||
| risk | of | loss | for | property, | the | title | to | which | vests | in | the | Government | under | this | clause, | except | to | the |
| extent | the | Government | expressly | assumes | the | risk. | The | Contractor | shall | repay | the | Government | an | |||||
| amount | equal | to | the | unliquidated | progress | payments | that | are | based | on | costs | allocable | to | property | ||||
| that | is | damaged, | lost, | stolen, | or | destroyed. |
| (f) | Control | of | costs | and | property. | The | Contractor | shall | maintain | an | accounting | system | and | controls |
| adequate | for | the | proper | administration | of | this | clause. |
| (g) | Reports | and | access | to | records. | The | Contractor | shall | promptly | furnish | reports, | certificates, | |
| financial | statements, | and | other | pertinent | information | reasonably | requested | by | the | Contracting | |||
| Officer | for | the | administration | of | this | clause. | Also, | the | Contractor | shall | give | the | Government |
| reasonable | opportunity | to | examine | and | verify | the | Contractor's | books, | records, | and | accounts. |
(h) Special terms regarding default. If this contract is terminated under the contract default clause,
| (1) | The | Contractor | shall, | on | demand, | repay | to | the | Government | the | amount | of | unliquidated | progress |
| payments | and |
| (2) | Title | shall | vest | in | the | Contractor, | on | full | liquidation | of | progress | payments, | for | all | property | for |
| which | the | Government | elects | not | to | require | delivery | under | the | contract | default | clause. | The | |||
| Government | shall | be | liable | for | no | payment | except | as | provided | by | the | contract | default | clause. |
| (i) | Reservations | of | rights. | |||||||
| (1) | No | payment | or | vesting | of | title | under | this | clause | shall |
(i) excuse the Contractor from performance of obligations under this contract or
(ii) constitute a waiver of any of the rights or remedies of the parties under the contract.
(2) The Government's rights and remedies under this clause
| (i) | shall | not | be | exclusive | but | rather | shall | be | in | addition | to | any | other | rights | and | remedies | provided |
| by | law | or | this | contract | and |
| (ii) | shall | not | be | affected | by | delayed, | partial, | or | omitted | exercise | of | any | right, | remedy, | power, | or |
| privilege, | nor | shall | such | exercise | or | any | single | exercise | preclude | or | impair | any | further | exercise | ||
| under | this | clause | or | the | exercise | of | any | other | right, | power, | or | privilege | of | the | Government. |
| (j) | Finance | payments | to | subcontractors. | The | amounts | mentioned | in | (a)(1)(ii) | above | shall | be | all |
| financing | payments | to | subcontractors | or | divisions, | if | the | following | conditions | are | met: |
| (1) | The | amounts | included | are | limited | to | (i) | the | unliquidated | remainder | of | progress | payments | made |
| plus | (ii) | for | small | business | concerns | any | unpaid | subcontractor | requests | for | progress | payments | that | |
| the | Contractor | has | approved | for | current | payment | in | the | ordinary | course | of | business. |
| (2) | The | subcontract | or | interdivisional | order | is | expected | to | involve | a | minimum | of | approximately | 6 | ||
| months | between | the | beginning | of | work | and | the | first | delivery, | or, | if | the | subcontractor | is | a | small |
| business | concern, | 4 | months. |
| (3) | If | the | financing | payments | are | in | the | form | of | progress | payments, | the | terms | of | the | subcontract | or |
| interdivisional | order | concerning | progress | payments‐‐ |
| (i) | Are | substantially | similar | to | the | terms | of | this | clause | at | 3.3.1‐31, | Progress | Payments, | for | any |
| subcontractor | that | is | a | large | business | concern; |
(ii) Are at least as favorable to the Government as the terms of this clause;
(iii) Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor;
| (iv) | Shall | indicate | that | the | Contractor, | and | not | the | Government, | awards | the | subcontract | and | ||||
| administers | the | progress | payments. | (v) | Subordinate | all | subcontractor | rights | concerning | property | to | ||||||
| which | the | Government | has | title | under | the | subcontract | to | the | Government's | right | to | require | delivery | |||
| of | the | property | to | the | Government | for | valid | reasons | not | limited | to | (A) | default | of | the | Contractor, | or |
| (B) | bankrupcy | or | or | insolvency | of | the | subcontractor. |
| (4) | If | the | financing | payments | are | in | the | form | of | performance‐based | payments, | the | terms | of | the |
| subcontract | or | interdivisional | order | concerning | payments‐‐ |
(i) Are substantially similar to clause 3.3.1‐32 ‐Performance‐Based Payments;
| (ii) | Subordinate | all | subcontractor | rights | concerning | property | to | which | the | Government | has | title | ||
| under | the | subcontract | to | the | Government's | right | to | require | delivery | of | the | property | to | the |
| Government | for | valid | reasons, | not | limited | to | ‐‐ |
(A) the default of the Contractor; or
(B) The bankruptcy or insolvency of the subcontractor.
| (5) | If | the | financing | payments | are | in | the | form | of | commercial | item | financing | payments, | the |
| subcontract | or | interdivisional | order | concerning | payments | subordinates | all | subcontractor | rights | |||||
| concerning | property | to | which | the | Government | has | title | under | the | subcontract | to | the | Government's | |
| right | to | require | delivery | of | the | property | to | the | Government | if‐‐ |
(i) The Contractor defaults; or
(ii) The subcontractor becomes bankrupt or insolvent.
| (6) | The | progress | payment | rate | in | the | subcontract | is | 80% | unless | the | subcontractor | specifies | a | lesser | |
| amount. | If | the | subcontractor | is | a | small | business | concern, | the | progress | payment | rate | may | be | up | to |
85%.
| (7) | The | parties | agree | concerning | any | proceeds | received | by | the | Government | for | property | to | which | |
| title | has | vested | in | the | Government | under | the | subcontract | terms, | that | the | proceeds | shall | be | applied |
| to | reducing | any | unliquidated | progress | payments | by | the | Government | to | the | Contractor | under | this |
contract.
| (8) | If | no | unliquidated | progress | payments | to | the | Contractor | remain, | but | there | are | unliquidated | |||
| progress | payments | that | the | Contractor | has | made | to | any | subcontractor, | the | Contractor | shall | be | |||
| subrogated | to | all | the | rights | the | Government | obtained | through | the | terms | required | by | this | clause | to | |
| be | in | any | subcontract, | as | if | all | such | rights | had | been | assigned | and | transferred | to | the | Contractor. |
| (9) | The | Contractor | shall | pay | the | subcontractor's | progress | payment | request | under | subdivision |
| (j)(1)(ii) | above, | within | a | reasonable | time | after | receiving | the | Government | progress | payment |
| covering | those | amounts. |
| (10) | To | facilitate | small | business | participation | in | subcontracting | under | this | contract, | the | Contractor | ||||
| agrees | to | provide | progress | payments | to | small | business | concerns | of | up | to | 85%. | The | Contractor | ||
| further | agrees | that | the | need | for | such | progress | payments | shall | not | be | considered | as | a | handicap | or |
| adverse | factor | in | the | award | of | subcontracts. |
(k) Limitations on Undefinitized Contract Actions.
| Notwithstanding | any | other | progress | payment | provisions | in | this | contract, | progress | payments | may | |||
| not | exceed | 80 | percent | of | costs | incurred | on | work | accomplished | under | undefinitized | contract | ||
| actions. | A | contract | action' | is | any | action | resulting | in | a | contract, | including | contract | modifications | for |
| additional | supplies | or | services, | but | not | including | contract | modifications | that | are | within | the | scope | ||
| and | under | the | terms | of | the | contract, | such | as | contract | modifications | issued | pursuant | to | the | Changes |
| clause, | or | funding | and | other | administrative | changes. | This | limitation | shall | apply | to | the | costs | ||
| incurred, | as | computed | in | accordance | with | paragraph | (a) | of | this | clause, | and | shall | remain | in | effect |
| until | the | contract | action | is | definitized. | Costs | incurred | which | are | subject | to | this | limitation | shall | be |
| segregated | on | Contractor | progress | payment | requests | and | invoices | from | those | costs | eligible | for | |||
| higher | progress | payment | rates. | For | purposes | of | progress | payment | liquidation, | as | described | in | |||
| paragraph | (b) | of | this | clause, | progress | payments | for | undefinitized | contract | actions | shall | be | |||
| liquidated | at | 80 | percent | of | the | amount | invoiced | for | work | performed | under | the | undefinitized | ||
| contract | action | as | long | as | the | contract | action | remains | undefinitized. | The | amount | of | unliquidated | ||
| progress | payments | for | undefinitized | contract | actions | shall | not | exceed | 80 | percent | of | the | maximum | ||
| liability | of | the | Government | under | the | undefinitized | contract | action | or | such | lower | limit | specified | ||
| elsewhere | in | the | contract. | Separate | limits | may | be | specified | for | separate | actions. |
(End of clause)
3.3.1‐33 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)
(a) Definitions. As used in this clause
| "Data | Universal | Numbering | System | (DUNS) | number" | means | the | 9‐digit | number | assigned | by | Dun |
| and | Bradstreet, | Inc. | (D&B) | to | identify | unique | business | entities. |
| "Data | Universal | Numbering | System | +4 | (DUNS+4) | number" | means | the | DUNS | number | assigned | by | ||||
| D&B | plus | a | 4‐character | suffix | that | may | be | assigned | by | a | business | concern. | (D&B | has | no | affiliation |
| with | this | 4‐character | suffix.) | This | 4‐character | suffix | may | be | assigned | at | the | discretion | of | the | ||
| business | concern | to | establish | additional | SAM | records | for | identifying | alternative | Electronic | Funds | |||||
| Transfer | (EFT) | accounts | for | the | same | parent | concern. |
| "Registered | in | the | SAM | database" | means | that | the | Contractor | has | entered | all | mandatory |
| information, | including | the | DUNS | number | or | the | DUNS+4 | number, | into | the | SAM | database. |
| "System | for | Award | Management | (SAM) | Database" | means | the | primary | Government | repository | for |
| Contractor | information | required | for | the | conduct | of | business | with | the | Government. |
| (b)(1) | By | submission | of | an | offer, | the | offeror | acknowledges | the | requirement | that | a | prospective | |
| awardee | shall | be | registered | in | the | SAM | database | prior | to | 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 | Representations, | Certifications | and | Other | Statements | of | Offerors | |||||
| Section | of | the | solicitation, | the | DUNS | or | DUNS | +4 | number | that | identifies | the | offeror's | name | and | ||
| address | exactly | as | stated | in | the | offer. | The | DUNS | number | will | be | used | by | the | Contracting | Officer | to |
| verify | that | the | offeror | is | registered | in | the | SAM | database. |
| (c) | If | the | offeror | does | not | have | a | DUNS | number, | it | should | contact | Dun | and | Bradstreet | directly | to |
| obtain | one. |
| (1) | An | offeror | may | obtain | a | DUNS | number | |||||||||
| (i) | If | located | within | the | United | States, | by | calling | Dun | and | Bradstreet | at | 1‐866‐705‐5711 | or | via | the |
| Internet | at | http://fedgov.dnb.com/webform; | or | |||||||||||
| (ii) | If | located | outside | the | United | States, | by | contacting | the | local | Dun | and | Bradstreet | office. |
| (2) | The | offeror | should | be | prepared | to | provide | the | following | information: | ||||
| (i) | Company | legal | business. | |||||||||||
| (ii) | Tradestyle, | doing | business, | or | other | name | by | which | your | entity | is | commonly | recognized. | |
| (iii) | Company | Physical | Street | Address, | City, | State, | and | ZIP | Code. | |||||
| (iv) | Company | Mailing | Address, | City, | State | and | ZIP | Code | (if | different | from | physical | street | address). |
| (v) | Company | Telephone | Number. | |||||||||||
| (vi) | Date | the | company | was | started. |
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