DTMA-92-B-2012-0001 JRRF Asphalt Overlay Solicitation.pdf
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SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
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" mean "bid" and "bidder."
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
MA-PR600.65-2021-0033
U.S.DOT/ Maritime Administration
Atlantic Div. Acquisition Office
MAR-380-2
7737 Hampton Blvd
00092
Building 19 Suite 300
NORFOLK VA 23505-1204
USDOT - Maritime Administration
Ms. Monique R. Leake, CO 7737 Hampton Blvd, Bldg. 19, Suite 300 Norfolk, VA 23505
Monique Leake 7573225820 x
05/31/2012
DTMA-92-B-2012-0001
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
THIS IS A TOTAL SMALL BUSINESS SET-ASIDE
SUMMARY OF WORK: CONTRACTOR SHALL PROVIDE ALL LABOR, EQUIPMENT, TOOLS, MATERIALS, SUPERVISION, ENGINEERING SERVICES, TESTING AND TESTING LABORATORY SERVICES, TRAFFIC
CONTROL, PUBLIC PROTECTION AND ALL WORK INCIDENTALS NECESSARY TO DELIVER THIS
ASPHALT OVERLAY PROJECT IN STRICT ACCORDANCE WITH THE PLANS AND SPECIFICATIONS OF
THE CONTRACT.
PLACE OF PERFORMANCE:
JAMES RIVER RESERVE FLEET
End of Harrison Road
Ft. Eustis, VA
11. The Contractor shall begin performance
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 will 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 30 calendar days and complete it within ________________ ________________ calendar days after receiving
06/29/2012
NSN 7540-01-155-3212
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 Government acceptance after the date offers are due will not be considered and will be rejected. _________________
STANDARD FORM 1442 (Rev. 4-85)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
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 Government 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 Government)
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 Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
U. S. DOT Maritime Administration Atlantic Div. Acquisition Office
MAR-380.2
7737 Hampton Blvd
00092
Building 19 Suite 300
Norfolk VA 23505-1204
Monique Leake
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, copies to issuing office.)
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
STANDARD FORM 1442 (REV. 4-85) BACK
Continued...
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 39
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
DTMA-92-B-2012-0001
JRRF Facility Wide Asphalt Overlay Delivery Location Code: MAR-600.65 DAO - James River RF, FSG 2612 Harrison Road Fort Eustis VA 23604-9003 USA
FOB: Destination Period of Performance: 07/23/2012 to 08/24/2012
0001 JRRF Asphalt Overlay Complete. Contractor shall provide all labor, equipment and materials to Asphalt (overlay) at the James River Reserve Fleet IAW attached Statement of Work.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
| Solicitation | No. | DTMA‐92‐B‐2012‐0001 | Facility | Wide | Asphalt | Overlay |
| James | River | Reserve | Fleet, | Ft. |
Eustis, VA
SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
| 1. JRRF | Green | Procurement | Policy: | It | is | the | policy | of | James | River | Reserve | Facility | (JRRF) | to | promote | the |
| procurement | of | items | with | the | highest | recycled | content | practicable. | It | is | also | desirable | for | contractors | ||
| to | use/install | green | products | in | the | performance | of | their | work. | This | includes | recycled | content, | energy | ||
| saving, | bio‐based | products. |
| 1.1. All | work | is | to | be | performed | in | a | manner | that | prevents | pollution, | protects | the | environment, | and |
| conserves | natural | resources. |
| 2. Statement | of | Work: | Contractor | shall | provide | all | labor, | equipment | and | materials | to | Asphalt | (overlay) |
| the | following | areas: |
| Area | of | Fleet | compound | from | the | entrance | of | Administrative | Building | #2606 | (inside | of | green | fence) |
| to | Machinery | Shop | ‐ | Building | # | 2607; | and | Ice | House | ‐ | Building | #2614. |
| Area | of | Fleet | compound | from | retractable | gate | between | Buildings | Nos. | 2608 | & | 2607 | to | graveled | area |
| in | the | rear | of | back | lot. |
| Area | of | Fleet | compound | from | both | pier | entries | to | graveled | area | in | the | rear | of | back | lot; | and | along |
| front | side | of | CONEX | containers. |
Area of Fleet compound located between buildings on the north side and south side of the facilities.
o NOTE: JRRF COTR will move mobile generator currently stationed near Building # 2612.
| 3. Specifications: | The | Contracting | Officer’s | Representative | (COR) | will | provide | a | safety | and | environmental | ||
| briefing | for | all | contractor | personnel | prior | to | project | commencement. | All | personnel | on | the | Fleet |
| premises | must | have | appropriate | safety | gear | (i.e. | safety | shoes, | eye | protection, | etc.). |
| 3.1. Contractor | shall | prepare | work | area | in | order | to | prevent | any | damage | to | or | pollution | of | existing |
| storm‐water | drains | at | the | James | River | Reserve | Fleet | site. |
| 3.2. Saw | cut, | demolish | and | remove | approximately | 1,750 | SF | of | defective | pavement. | Excavate | to | sub | ||
| grade | and | patch | with | 4" | asphalt | prior | to | asphalt | overlay. | ||||||
| Remove | concrete | bumper | blocks | throughout | parking | lots. | |||||||||
| Sweep, | clean, | and | remove | oil | spots | from | existing | asphalt. | Apply | heavy | duty | paving | fabric | as | |
| required | for | extensive | cracks. |
| 3.3. Repair | or | replace | approximately | 150 | SY | of | spider | webbed | pavement | (located | on | southeast | corner | of |
| Fleet | Compound | map). | ||||||||||||
| Remove | all | deteriorated | asphalt | and | patch | identified | areas | with | 4'' | of | asphalt. |
3.4. Clean and seal main line cracks over ¼” wide using a commercial grade hot poured crack sealant.
3.5. Edge mill approximately 850 LF of pavement and tie downs along fence line and gates.
3.6. Asphalt (overlay) and compact approximately 8600 SY with VDOT 2” SM‐9.5A asphalt pavement.
3.7. Apply facility entrance speed bump and paint yellow.
3.8. Apply proper drainage sloping for existing storm water drain runoff throughout the Fleet compound
| Solicitation | No. | DTMA‐92‐B‐2012‐0001 | Facility | Wide | Asphalt | Overlay |
| James | River | Reserve | Fleet, | Ft. |
Eustis, VA
3.9. After asphalt paving ‐ repaint original parking stripes.
3.10. Reset concrete bumper blocks throughout parking lot.
| 3.11. The | Contractor | shall | not | dispose | of | any | cloths, | rags, | waste, | trash | or | debris | in | JRRF | trash |
| containers | or | receptacles. | At | Contractor | expense, | the | Contractor | shall | furnish | adequate | |||||
| containment | of | all | debris/trash | accumulated | during | completion | of | this | project. | Debris/trash | shall | ||||
| be | removed | daily | and | transported | in | closed | containers | from | the | facility | in | a | manner | that | prevents |
| release | onto | adjacent | areas | and | properly | disposed | of. |
| 3.12. Work | shall | be | completed | during | normal | Fleet | business | hours | of | 0700‐1600, | Monday | thru |
| Thursday. | COR | will | immediately | be | made | aware | of | any | delays | or | absence. |
3.12.1. Note: COR will provide site map of JRRF Facility (see Attachment J.2.)
4. Contractor shall provide the following:
| 4.1. The | contractor | shall | obtain | from | the | Joint | Base | Langley‐Eustis | (JBLE), | Directorate | of | Public | Works | ||||
| (DPW) | point | of | contact | (to | be | identified | at | time | of | contract | award) | all | digging | permits | that | may | be |
| necessary | to | complete | the | contract. |
| 4.2. Contractor’s | precautionary | plan | (control | methods) | to | preclude | any | damage | to | or | pollution | of |
| existing | JRRF | storm‐water | drains | shall | be | identified | during | site | visit. |
4.3. Estimated completion time.
4.4. MSDS/Product Data Sheet on Asphalt & Materials.
4.5. References (at least three).
| 4.6. COTR | will | inspect | project | upon | completion | to | ensure | terms | of | contract | have | been | met. | Contractor |
| shall | provide | warranty | information | on | project | and | materials. |
| Solicitation | No. | DTMA‐92‐B‐2012‐0001 | Facility | Wide | Asphalt | Overlay |
| James | River | Reserve | Fleet, | Ft. |
Eustis, VA
SECTION D - PACKAGING AND MARKING
THIS SECTION IS NOT APPLICABLE
| Solicitation | No. | DTMA‐92‐B‐2012‐0001 | Facility | Wide | Asphalt | Overlay |
| James | River | Reserve | Fleet, | Ft. |
Eustis, VA
SECTION E ‐ INSPECTION AND ACCEPTANCE
E.1 52.246‐12 INSPECTION OF CONSTRUCTION (AUG 1996)
(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
| (b) | The | Contractor | shall | maintain | an | adequate | inspection | system | and | perform | such | inspections | as | will | ensure | that | the | ||
| work | performed | under | the | contract | conforms | to | contract | requirements. | The | Contractor | shall | maintain | complete | ||||||
| inspection | records | and | make | them | available | to | the | Government. | All | work | shall | be | conducted | under | the | general | |||
| direction | of | the | Contracting | Officer | and | is | subject | to | Government | inspection | and | test | at | all | places | and | at | all | reasonable |
| times | before | acceptance | to | ensure | strict | compliance | with | the | terms | of | the | contract. |
(c) Government inspections and tests are for the sole benefit of the Government and do not –
(1) Relieve the Contractor of responsibility for providing adequate quality control measures;
| (2) | Relieve | the | Contractor | of | responsibility | for | damage | to | or | loss | of | the | material | before | acceptance; | (3) | Constitute | or |
| imply | acceptance; | or |
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.
| (d) | The | presence | or | absence | of | a | Government | inspector | does | not | relieve | the | Contractor | from | any | contract |
| requirement, | nor | is | the | inspector | authorized | to | change | any | term | or | condition | of | the | specification | without | the |
| Contracting | Officer’s | written | authorization. |
| (e) | The | Contractor | shall | promptly | furnish, | at | no | increase | in | contract | price, | all | facilities, | labor, | and | material | reasonably | |||
| needed | for | performing | such | safe | and | convenient | inspections | and | tests | as | may | be | required | by | the | Contracting | Officer. | |||
| The | Government | may | charge | to | the | Contractor | any | additional | cost | of | inspection | or | test | when | work | is | not | ready | at | the |
| time | specified | by | the | Contractor | for | inspection | or | test, | or | when | prior | rejection | makes | re‐inspection | or | retest | ||||
| necessary. | The | Government | shall | perform | all | inspections | and | tests | in | a | manner | that | will | not | unnecessarily | delay | the | |||
| work. | Special | full | size | and | performance | tests | shall | be | performed | as | described | in | the | contract. |
| (f) | The | Contractor | shall, | without | charge, | replace | or | correct | work | found | by | the | Government | not | to | conform | to | contract |
| requirements, | unless | in | the | public | interest | the | Government | consents | to | accept | the | work | with | an | appropriate | |||
| adjustment | in | contract | price. | The | Contractor | shall | promptly | segregate | and | remove | rejected | material | from | the |
premises.
| (g) | If | the | Contractor | does | not | promptly | replace | or | correct | rejected | work, | the | Government | may | (1) | by | contract | or |
| otherwise, | replace | or | correct | the | work | and | charge | the | cost | to | the | Contractor | or | (2) | terminate | for | default | the |
| Contractor’s | right | to | proceed. |
| (h) | If, | before | acceptance | of | the | entire | work, | the | Government | decides | to | examine | already | completed | work | by | removing | |||
| it | or | tearing | it | out, | the | Contractor, | on | request, | shall | promptly | furnish | all | necessary | facilities, | labor, | and | material. | If | the | |
| work | is | found | to | be | defective | or | non‐conforming | in | any | material | respect | due | to | the | fault | of | the | Contractor | or | its |
| subcontractors, | the | Contractor | shall | defray | the | expenses | of | the | examination | and | of | satisfactory | reconstruction. |
However,
| Solicitation | No. | DTMA‐92‐B‐2012‐0001 | Facility | Wide | Asphalt | Overlay |
| James | River | Reserve | Fleet, | Ft. |
Eustis, VA
| if | the | work | is | found | to | meet | contract | requirements, | the | Contracting | Officer | shall | make | an | equitable | adjustment | for | the |
| additional | services | involved | in | the | examination | and | reconstruction, | including, | if | completion | of | the | work | was | thereby | |||
| delayed, | an | extension | of | time. |
| (i) | Unless | otherwise | specified | in | the | contract, | the | Government | shall | accept, | as | promptly | as | practicable | after | ||
| completion | and | inspection, | all | work | required | by | the | contract | or | that | portion | of | the | work | the | Contracting | Officer |
| determines | can | be | accepted | separately. | Acceptance | shall | be | final | and | conclusive | except | for | latent | defects, | fraud, | gross | |
| mistakes | amounting | to | fraud, | or | the | Government’s | rights | under | any | warranty | or | guarantee. |
(End of clause)
E.2 CONTRACTOR INSPECTION SYSTEM
| (a) | Provide | all | necessary | equipment, | instruments, | qualified | personnel, | facilities, | and | test | fluids | and | gases, | and | ||||||
| perform | all | inspections, | sampling, | testing, | and | certifications | specified | in | the | individual | Sections | of | the | Specifications; | ||||||
| fill | out | Daily | Construction | Report | forms | as | documentation | and | submit | the | forms | to | the | Government | inspector | by | ||||
| 10:00 | a.m. | on | the | first | working | day | following | the | day | the | work | was | performed. | Sample | forms | are | provided | in | Section | J |
| of | this | contract. | Daily | Construction | Report | forms | will | be | furnished | to | the | Contractor. |
| Solicitation | No. | DTMA‐92‐B‐2012‐0001 | Facility | Wide | Asphalt | Overlay |
| James | River | Reserve | Fleet, | Ft. |
Eustis, VA
SECTION F ‐ DELIVERIES OR PERFORMANCE
F.1 THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:
52.242‐14 SUSPENSION OF WORK (APR 1984)
| F.2 | IN | ADDITION | TO | THE | ABOVE | CLAUSES | INCORPORATED | BY | REFERENCE, | THE | FOLLOWING | CLAUSES | ARE |
| APPLICABLE | TO | THE | SOLICITATION | AND | RESULTING | CONTRACT: |
52.211‐10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984)
| The | Contractor | shall | be | required | to | (a) | commence | work | under | this | contract | within | ten | (10) | calendar | days | after | the | ||
| date | the | Contractor | receives | the | NOTICE | TO | PROCEED, | (b) | prosecute | the | work | diligently, | and | (c) | complete | the | entire | |||
| work | ready | for | use | not | later | than | 30 | calendar | days | after | receipt | of | the | notice | to | proceed. | The | time | stated | for |
| completion | shall | include | final | cleanup | of | the | premises. |
(End of clause)
52.236‐15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)
| (a) | The | Contractor | shall, | within | five | days | after | the | work | commences | on | the | contract | or | another | period | of | time | |
| determined | by | the | Contracting | Officer, | prepare | and | submit | to | the | Contracting | Officer | for | approval | three | copies | of | a | ||
| practicable | schedule | showing | the | order | in | which | the | Contractor | proposes | to | perform | the | work, | and | the | dates | on | ||
| which | the | Contractor | contemplates | starting | and | completing | the | several | salient | features | of | the | work | (including | |||||
| acquiring | materials, | plant, | and | equipment). | The | schedule | shall | be | in | the | form | of | a | progress | chart | of | suitable | scale | to |
| indicate | appropriately | the | percentage | of | work | schedules | for | completion | by | any | given | date | during | the | period. | If | the | ||
| Contractor | fails | to | submit | a | schedule | within | the | time | prescribed, | the | Contracting | Officer | may | withhold | approval | of | |||
| progress | payments | until | the | Contractor | submits | the | required | schedule. |
| (b) | The | Contractor | shall | enter | the | actual | progress | on | the | chart | as | directed | by | the | Contracting | Officer, | and | upon | doing |
| so | shall | immediately | deliver | three | copies | of | the | annotated | schedule | to | the | Contracting | Officer. | If, | in | the | opinion | of | the |
| Contracting | Officer, | the | Contractor | falls | behind | the | approved | schedule, | the | Contractor | shall | take | steps | necessary | to | ||||
| improve | its | progress, | including | those | that | may | be | required | by | the | Contracting | Officer, | without | additional | cost | to | the | ||
| Government. | In | this | circumstance | the | Contracting | Officer | may | require | the | Contractor | to | increase | the | number | of | shifts | |||
| overtime | operations | days | of | work | and/or | the | amount | of | construction | plant | and | to | submit | for | approval | any | |||
| supplementary | schedule | or | schedules | in | chart | form | as | the | Contracting | Officer | deems | necessary | to | demonstrate | how | ||||
| the | approved | rate | of | progress | will | be | regained. |
| (c) | Failure | of | the | Contractor | to | comply | with | the | requirements | of | the | Contracting | Officer | under | this | clause | shall | be |
| grounds | for | a | determination | by | the | Contracting | Officer | that | the | Contractor | is | not | prosecuting | the | work | with | sufficient | |
| diligence | to | ensure | completion | within | the | time | specified | in | the | contract. | Upon | making | this | determination, | the | |||
| Contracting | Officer | may | terminate | the | Contractor’s | right | to | proceed | with | the | work, | or | any | separable | part | of | it, | in |
| accordance | with | the | default | terms | of | this | contract. |
(End of clause)
| Solicitation | No. | DTMA‐92‐B‐2012‐0001 | Facility | Wide | Asphalt | Overlay |
| James | River | Reserve | Fleet, | Ft. |
Eustis, VA
F.3 CONTRACTOR’S SCHEDULE
| A | preliminary | copy | of | the | Contractor’s | proposed | schedule | shall | be | prepared | and | submitted | to | the | Contracting | Officer | |
| prior | to | the | preconstruction | conference. | Any | questions | or | problems | that | might | cause | a | delay | in | approval | of | the |
| schedule | can | be | addressed | during | this | conference. |
| Solicitation | No. | DTMA‐92‐B‐2012‐0001 | Facility | Wide | Asphalt | Overlay |
| James | River | Reserve | Fleet, | Ft. |
Eustis, VA
SECTION G ‐ CONTRACT ADMINISTRATION DATA
G.1 SUBMITTALS/SHOP DRAWINGS:
| Contractor | shall | provide | a | schedule | of | required | submittals | indicating | the | order | in | which | the | Contractor | proposes | to | |
| provide | the | required | submittals | and | the | dates | on | which | the | Contractor | plans | to | provide | said | submittals. | This | |
| schedule | shall | be | provided | prior | to | the | preconstruction | conference | for | review | and | discussion | during | the | conference. | ||
| The | Contractor | is | to | forward | five | (5) | copies | of | applicable | submittals | to | the | Contracting | Officer. | The | Contracting | |
| Officer | will | indicate | his/her | approval | or | disapproval | of | the | submittals/shop | drawings | and | if | not | approved | as | ||
| submitted | shall | indicate | reasons | thereof. | Any | work | done | prior | to | such | approval | shall | be | at | the | Contractor’s | risk. |
| Approval | by | the | Contracting | Officer | shall | not | relieve | the | Contractor | from | responsibility | for | any | errors | or | omissions | in |
| such | drawings, | nor | from | the | responsibility | for | complying | with | the | requirements | of | this | contract. |
G.2 PRECONSTRUCTION CONFERENCE:
| As | soon | as | practicable | after | the | award | of | contract, | a | mutually | agreeable | time | and | date | for | a | preconstruction | |||||
| conference | between | the | representatives | of | the | Government | and | the | Contractor | will | be | established. | This | conference | ||||||||
| will | be | held | either | by | telephone | or, | if | convenient, | at | the | site | or | this | office | to | discuss | the | terms | and | conditions | of | the |
| contract. | Below | are | some | of | the | items | to | be | discussed: |
(a) Detailed procedures for the administration of the project,
| (b) | Identify | the | authorized | representatives | of | the | Government | and | the | Contractor’s | Superintendent(s), | (c) |
| Contractor’s | field | office | address | and | telephone | number, |
| (d) | Contractor’s | draft | Construction | Progress | Schedule | (Section | F | (F.4)) | The | Notice | to | Proceed | date | will | be | established |
| during | this | meeting. |
(e) Procedures for processing periodic pay estimates (Section G (G.3‐6))
(f) Review of Submittal Schedule giving proposed dates Contractor will submit all required contract submittals
(Section G (G.1))
| (g) | Requirements | and | procedures | for | preparing | work | schedules | and | reporting | programs,(Section | E | (E.2)) | (h) |
| Procedures | for | equal | opportunity | compliance, |
(i) Information on delivery of Government‐furnished property (If Applicable).
G.3 INVOICE SUBMISSION INSTRUCTIONS – MARAD
The Contractor may submit invoices in either electronic or paper format. Electronic submission is preferred.
(1) Electronic invoices shall be addressed to MARADInvoices@faa.gov, with copy to MARADSARInvoices@dot.gov
Electronic invoices shall conform to the following criteria, or be subject to rejection:
a. Invoice and supporting documentation shall be in Adobe Acrobat (pdf) format.
| Solicitation | No. | DTMA‐92‐B‐2012‐0001 | Facility | Wide | Asphalt | Overlay |
| James | River | Reserve | Fleet, | Ft. |
Eustis, VA
b. The e‐mail subject shall include the contract/purchase order number and invoice number.
| c. | The | transmitting | e‐mail | shall | include | the | following | information: | Name | of | the | Contractor; | Invoice | date | and | number; |
| Invoice | amount; | Contract | number | and, | if | applicable, | the | order | or | modification | number; | Terms | of | any | discount | for |
| prompt | payment | offered; | Payment | instructions | (i.e., | financial | institution, | ABA | routing | #, | account | #) |
(2) Paper invoices shall be submitted to one of the following addresses. Multiple copies are not required.
MARAD A/P SAR Invoices Branch
AMZ‐160
| PO | Box | 25710 | |
| Oklahoma | City, | OK | 73125 |
| If | a | street | address | is | required | for | delivery | (i.e., | Federal | Express), | the | following | address | may | be | used | in | lieu | of | the | post |
| office | box: |
MARAD A/P SAR Invoices Branch
AMZ‐160
| 6500 | S | MacArthur | Blvd. |
| Oklahoma | City, | OK | 73169 |
G.5 GOVERNMENT REPRESENTATIVES
| The | Government | may, | upon | contract | award | or | thereafter, | name | representatives | with | titles | such | as | Project | Engineer, |
| Contracting | Officer’s | Representative(s), | Inspector(s), | and | so | on. | Such | individuals | will | be | named | in | writing | by | the |
| Contracting | Officer, | with | individual | responsibilities | set | forth | at | that | time. |
| In | any | event, | no | such | named | individual | has | the | authority | to | issue | any | direction | under | this | contract | either | technical | or |
| otherwise, | which | constitutes | a | change | to | the | terms, | conditions, | and | price | or | delivery | schedule | of | the | contract. | Only | ||
| the | Contracting | Officer | is | authorized | to | alter | the | contract | in | any | manner. |
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SECTION H ‐ SPECIAL CONTRACT REQUIREMENTS
H.1. JOB SUPERINTENDENT
| Special | attention | is | called | to | the | requirement | for | superintendence | by | the | Contractor, | FAR | Clause | 52.236‐6. | The | ||||
| contractor | shall | provide | a | job | superintendent | on | the | site | at | all | times | during | contract | performance | that | is | able | to | read, |
| write, | understand, | and | speak | English. |
H.2 MODIFICATION PROPOSALS ‐ PRICE BREAKDOWN
| The | contractor, | in | connection | with | any | proposal | made | for | a | contract | modification, | shall | furnish | a | price | breakdown, | ||
| itemized | as | required | by | the | Contracting | Officer. | Unless | otherwise | directed, | the | breakdown | shall | be | in | sufficient | detail | ||
| to | permit | an | analysis | of | all | material, | labor, | equipment, | subcontract, | and | overhead | costs, | as | well | as | profit, | and | shall |
| cover | all | work | changed. | Any | amount | claimed | for | subcontracts | shall | be | supported | by | a | similar | price | breakdown. | In | |
| addition, | if | the | proposal | includes | a | time | extension, | a | justification | therefore | shall | also | be | furnished. | The | proposal, | ||
| together | with | the | price | breakdown | and | time | extension | justification, | shall | be | furnished | by | the | date | specified | by | the | |
| Contracting | Officer. | Once | a | contract | modification | has | been | authorized, | the | contractor | shall | submit | an | updated | ||||
| progress | schedule | that | includes | all | changes | implemented | by | the | modification. |
H.3 SANITATION
| Adequate | sanitary | conveniences | of | an | approved | type | for | the | use | of | persons | employed | on | the | work, | and | properly | |
| secluded | from | public | observation, | shall | be | constructed | and | maintained | by | the | Contractor | in | such | a | manner | and | at | |
| such | points | as | shall | be | required | or | approved | by | the | Contracting | Officer. | These | conveniences | shall | be | maintained | at | all |
| times | without | nuisance | and | their | use | shall | be | strictly | enforced. | Upon | completion | of | the | work | they | shall | be | removed |
| from | the | premises, | leaving | the | premises | clean | and | free | from | nuisance. |
H.4 WORK OUTSIDE REGULAR WORK HOURS
| If | the | contractor | desires | to | perform | work | under | this | contract | outside | regular | work | hours | or | on | Saturdays, | Sundays | or | |
| holidays, | a | written | request | shall | be | made, | to | the | Contracting | Officer | no | less | than | 10 | calendar | days | prior | to | the |
| planned | start | of | such | work. | Regular | work | hours | are, | for | the | purpose | of | this | clause, | those | hours | the | activity | or |
| Command, | where | the | work | is | to | be | performed, | normally | works | on | a | day‐by‐day | basis. | Application | by | the | Contractor | ||
| does | not | imply | consent | by | the | Government. | Each | application | will | be | considered, | and | a | decision | made, | on | the | potential | |
| benefit | of | permitting | such | work. | Approval | of | a | Contractor’s | application | under | this | clause | will | be, | unless | otherwise | |||
| agreed | in | writing, | at | no | additional | cost | to | the | Government. |
H.5 STATEMENT AND ACKNOWLEDGMENT FORM (SF 1413)
| Special | attention | is | called | to | the | requirement | for | insertion | of | and | compliance | with | various | labor | clauses | called | out | in |
| FAR | Clause | 52.222‐11 | in | any | subcontracts | regardless | of | tier. | Within | 14 | days | after | contract | award | of | the | prime | |
| contract, | an | executed | SF‐1413 | is | required | for | each | subcontract. | This | also | applies | to | any | subsequently | awarded |
subcontract.
H.6 REQUIRED BONDING –
| PERFORMANCE | BOND | (Standard | Form | 25) | will | be | required | as | follows: | 100% | of | total | amount | of | contract; | PAYMENT | |
| BOND | (Standard | Form | 25a) | will | be | required | as | follows: | 100% | of | total | amount | of | contract; | Performance | and | payment |
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| bonds | placed | with | a | surety | or | sureties | acceptable | to | the | Government | and | in | the | amounts | indicated | shall | be | submitted |
| within | ten | (10) | calendar | days | after | receipt | of | award | and | shall | be | maintained | for | the | entire | contract. |
H.7 REQUIRED INSURANCE
| (a) | The | contractor | shall | procure | and | maintain | insurance | during | the | entire | period | of | performance | under | this | contract, |
| in | accordance | with | Federal | Acquisition | Regulation | Clause | 52.228‐5, | INSURANCE | ‐ | WORK | ON | A | GOVERNMENT | |||
| INSTALLATION | (JAN | 1997) | (See | Section | I). | FAR | 28.307‐2 | states | the | following | minimum | amounts | of | liability: |
MINIMUM COVERAGE REQUIRED
| (1) | Workers’ | Compensation | and | Employer’s | Liability | ‐ | at | least | $100,000 | shall | be | required, | except | in | States | with |
| exclusive | or | monopolistic | funds | that | do | not | permit | workers’ | compensation | to | be | written | by | private | carriers. |
| (2) | General | Liability | ‐ | bodily | injury | liability | insurance | coverage | written | on | the | comprehensive | form | of | policy | of | at |
| least | $500,000 | per | occurrence. |
| (3) | Automobile | Liability | ‐ | automobile | liability | insurance | written | on | the | comprehensive | form | of | policy | of | at | least |
| $200,000 | per | person | and | $500,000 | per | occurrence | for | bodily | injury | and | $20,000 | per | occurrence | for | property |
damage.
| (b) | As | evidence | that | the | specified | insurance | has | been | obtained, | the | contractor | shall | furnish | the | contracting | officer | |
| with | a | certificate | of | insurance. | Such | certificate | shall | be | furnished | prior | to | commencement | of | work | and | shall | provide |
| for | thirty | (30) | calendar | days | written | notice | to | the | Contracting | Officer. |
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SECTION I ‐ CONTRACT CLAUSES
I.1 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 | it | was | given | in | full |
| text. | Upon | request, | the | Contracting | Officer | will | make | full | text | available. | Also, | the | full | text | of | a | clause | may | be | assessed | |
| electronically | at | this/these | address(es): |
Federal Acquisition Regulations (52.) https://www.acquisition.gov/comp/far/current/html/FARTOCP52.html
Transportation Acquisition Regulations (1252.) http://www.dot.gov/ost/m60/tamtar/part1252.htm
U.S. Maritime Administration Provisions and Clauses (MCL.H) https://voa.marad.dot.gov/Solicitation_Awards/docs/mar‐380/MARAD%20Clauses%20MCL%20for%20HTML.htm
I.2 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.202‐1 DEFINITIONS (JAN 2012)
52.203‐3 GRATUITIES (APR 1984)
52.203‐5 COVENANT AGAINST CONTINGENT FEES (APR 1984)
52.203‐6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEPT 2006)
52.203‐7 ANTI‐KICKBACK PROCEDURES (OCT 2010)
| 52.203‐8 | CANCELLATION, | RESCISSION, | AND | RECOVERY | OF | FUNDS | FOR | ILLEGAL | OR | IMPROPER | ACTIVITY |
| (JAN | 1997) |
52.203‐10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)
52.203‐12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT
2010)
52.204‐4 PRINTED OR COPIED DOUBLE‐SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)
52.204‐7 CENTRAL CONTRACTOR REGISTRATION (FEB 2012)
52.204‐9 PERSONNEL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
52.204‐10 REPORTING EXECUTIVE COMPENSATION AND FIRST‐TIER SUBCONTRACT AWARDS (FEB 2012)
| 52.209‐6 | PROTECTING | THE | GOVERNMENT’S | INTEREST | WHEN | SUBCONTRACTING | WITH | CONTRACTORS |
| DEBARRED, | SUSPENDED, | OR | PROPOSED | FOR | DEBARMENT | (DEC | 2010) |
52.214‐29 ORDER OF PRECEDENCE – SEALED BIDDING (JAN 1986)
52.219‐8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2011)
52.219‐14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)
https://voa.marad.dot.gov/Solicitation_Awards/docs/mar-380/MARAD%20Clauses%20MCL%20for%20HTML.htm
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52.219‐27 NOTICE OF SERVICE‐DISABLED VETERAN‐OWNED SMALL BUSINESS SET‐ASIDE (NOV
2011)
52.219‐28 POST‐AWARD SMALL BUSINESS PROGRAM REPRESENTATION (APR 2009)
52.222‐3 CONVICT LABOR (JUNE 2003)
52.222‐4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT‐OVERTIMECOMPENSATION (JULY 2005)
52.222‐6 DAVIS‐BACON ACT (JULY 2005)
52.222‐7 WITHHOLDING OF FUNDS (FEB 1988)
52.222‐8 PAYROLLS AND BASIC RECORDS (JUNE 2010)
52.222‐9 APPRENTICES AND TRAINEES (JULY 2005)
52.222‐10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)
52.222‐11 SUBCONTRACTS (LABOR STANDARDS) (JULY 2005)
52.222‐12 CONTRACT TERMINATION‐DEBARMENT (FEB 1988)
52.222‐13 COMPLIANCE WITH DAVIS‐BACON AND RELATED ACT REGULATIONS (FEB 1988)
52.222‐14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)
52.222‐15 CERTIFICATION OF ELIGIBILITY (FEB 1988)
52.222‐21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)
52.222‐26 EQUAL OPPORTUNITY (MAR 2007)
52.222‐27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (FEB 1999)
52.222‐35 EQUAL OPPORTUNITY FOR VETERANS (SEPT 2010)
52.222‐36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)
52.222‐37 EMPLOYMENT REPORTS VETERANS (SEPT 2010)
52.222‐40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)
52.222‐50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)
| 52.223‐2 | AFFIRMATIVE | PROCUREMENT | OF | BIOBASED | PRODUCTS | UNDER | SERVICE | AND | CONSTRUCTION |
| CONTRACTS | (DEC | 2007) |
52.223‐5 POLLUTION PREVENTION AND RIGHT‐TO‐KNOW INFORMATION (MAY 2011)
52.223‐6 DRUG‐FREE WORKPLACE (MAY 2001)
52.223‐18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)
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52.225‐13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008)
52.227‐1 AUTHORIZATION AND CONSENT (DEC 2007)
52.227‐2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC
2007)
52.227‐4 PATENT INDEMNITY ‐ CONSTRUCTION CONTRACTS (DEC 2007)
52.227‐17 RIGHTS IN DATA ‐ SPECIAL WORKS (DEC 2007)
52.228‐1 BID GUARANTEE (SEPT 1996)
(c) The amount of the bid guarantee shall be twenty percent (20%) of the bid price.
52.228‐2 ADDITIONAL BOND SECURITY (OCT 1997)
52.228‐5 INSURANCE ‐ WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.228‐11 PLEDGES OF ASSETS (JAN 2012)
52.228‐12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (OCT 1995)
52.228‐14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)
52.228‐15 PERFORMANCE AND PAYMENT BONDS ‐ CONSTRUCTION (OCT 2010)
52.229‐3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)
52.232‐5 PAYMENTS UNDER FIXED‐PRICE CONSTRUCTION CONTRACTS (SEPT 2002)
52.232‐17 INTEREST (OCT 2010)
52.232‐23 ASSIGNMENT OF CLAIMS (JAN 1986)
52.232‐27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)
52.232‐33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – CENTRAL CONTRACTOR REGISTRATION (OCT 2003)
52.233‐1 DISPUTES (JULY 2002)
52.233‐3 PROTEST AFTER AWARD (AUG 1996)
52.233‐4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
52.236‐2 DIFFERING SITE CONDITIONS (APR 1984)
52.236‐3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)
52.236‐5 MATERIAL AND WORKMANSHIP (APR 1984)
52.236‐6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)
52.236‐7 PERMITS AND RESPONSIBILITIES (NOV 1991)
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52.236‐8 OTHER CONTRACTS (APR 1984)
| 52.236‐9 | PROTECTION | OF | EXISTING | VEGETATION | STRUCTURE, | EQUIPMENT, | UTILITIES | AND |
| IMPROVEMENTS | (APR | 1984) |
52.236‐10 OPERATIONS AND STORAGE AREA (APR 1984)
52.236‐11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)
52.236‐12 CLEANING UP (APR 1984)
52.236‐13 ACCIDENT PREVENTION, ALT I (NOV 1991)
52.236‐14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)
52.236‐17 LAYOUT OF WORK (APR 1984)
52.236‐21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)
52.236‐26 PRECONSTRUCTION CONFERENCE (FEB 1995)
52.242‐13 BANKRUPTCY (JULY 1995)
52.243‐4 CHANGES (JUNE 2007)
52.244‐6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2010)
52.246‐21 WARRANTY OF CONTRUCTION (MAR 1994)
52.247‐64 PREFERENCE FOR PRIVATELY OWNED U.S. FLAG COMMERCIAL VESSELS (FEB 2006)
52.248‐3 VALUE ENGINEERING ‐ CONSTRUCTION (OCT 2010)
52.249‐2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (MAY 2004) – ALT I (SEPT 1996)
52.249‐10 DEFAULT (FIXED‐PRICE CONSTRUCTION) (APR 1984)
52.253‐1 COMPUTER GENERATED FORMS (JAN 1991)
I.3 TRANSPORTATION ACQUISITION REGULATION (1252) CLAUSES
1252.223‐73 Seat Belt Use Policies and Programs (APR 2005)
| I.4 | IN | ADDITION | TO | THE | ABOVE | CLAUSES | INCORPORATED | BY | REFERENCE, | THE | FOLLOWING | CLAUSES | ARE |
| APPLICABLE | TO | THE | SOLICITATION | AND | RESULTING | CONTRACT: |
52.223‐11 OZONE‐DEPLETING SUBSTANCES (MAY 2001)
(a) Definition. “Ozone‐depleting substance,” as used in this clause, means any substance the Environmental Protection
Agency designates in 40 CFR Part 82 as—
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(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or
(2) Class II, including, but not limited to, hydro chlorofluorocarbons.
| (b) | The | Contractor | shall | label | products | which | contain | or | are | manufactured | with | ozone‐depleting | substances | in | the | |||||||
| manner | and | to | the | extent | required | by | 42 | U.S.C. | 7671j | (b), | (c), | and | (d) | and | 40 | CFR | Part | 82, | Subpart | E, | as | follows: |
Warning
| Contains | (or | manufactured | with, | if | applicable) | *___________________________, | a | substance(s) | which | harm(s) | public | health |
| and | environment | by | destroying | ozone | in | the | upper | atmosphere. |
* The Contractor shall insert the name of the substance(s).
(End of clause)
52.225‐9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEPT 2010)
(a) Definitions. As used in this clause—
“Commercially available off‐the‐shelf (COTS) item”—
(1) Means any item of supply (including construction material) that is—
| (i) | A | commercial | item | (as | defined | in | paragraph | (1) | of | the | definition | at | FAR | 2.101); | (ii) | Sold | in | substantial | quantities |
| in | the | commercial | marketplace; | and |
| (iii) | Offered | to | the | Government, | under | a | contract | or | subcontract | at | any | tier, | without | modification, | in | the | same | form | in |
| which | it | is | sold | in | the | commercial | marketplace; | and |
| (2) | Does | not | include | bulk | cargo, | as | defined | in | section | 3 | of | the | Shipping | Act | of | 1984 | ( | 46 | U.S.C. | App. | 1702), | such | as |
| agricultural | products | and | petroleum | products. |
“Component” means an article, material, or supply incorporated directly into a construction material.
| “Construction | material” | means | an | article, | material, | or | supply | brought | to | the | construction | site | by | the | Contractor | or | a | |
| subcontractor | for | incorporation | into | the | building | or | work. | The | term | also | includes | an | item | brought | to | the | site | |
| preassembled | from | articles, | materials, | or | supplies. | However, | emergency | life | safety | systems, | such | as | emergency | |||||
| lighting, | fire | alarm, | and | audio | evacuation | systems, | that | are | discrete | systems | incorporated | into | a | public | building | or | ||
| work | and | that | are | produced | as | complete | systems, | are | evaluated | as | a | single | and | distinct | construction | material | ||
| regardless | of | when | or | how | the | individual | parts | or | components | of | those | systems | are | delivered | to | the | construction | site. |
| Materials | purchased | directly | by | the | Government | are | supplies, | not | construction | material. |
“Cost of components” means—
| (3) | For | components | purchased | by | the | Contractor, | the | acquisition | cost, | including | transportation | costs | to | the | place | of | |
| incorporation | into | the | construction | material | (whether | or | not | such | costs | are | paid | to | a | domestic | firm), | and | any |
| applicable | duty | (whether | or | not | a | duty‐free | entry | certificate | is | issued); | or |
| (4) | For | components | manufactured | by | the | Contractor, | all | costs | associated | with | the | manufacture | of | the | component, | |
| including | transportation | costs | as | described | in | paragraph | (1) | of | this | definition, | plus | allocable | overhead | costs, | but | |
| excluding | profit. | Cost | of | components | does | not | include | any | costs | associated | with | the | manufacture | of | the | construction |
material.
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“Domestic construction material” means—
| (1) | An | unmanufactured | construction | material | mined | or | produced | in | the | United | States; | (2) | A | construction | material |
| manufactured | in | the | United | States, | if— |
| (i) | The | cost | of | its | components | mined, | produced, | or | manufactured | in | the | United | States | exceeds | 50 | percent | of | the | cost |
| of | all | its | components. | Components | of | foreign | origin | of | the | same | class | or | kind | for | which | nonavailability | |||
| determinations | have | been | made | are | treated | as | domestic; | or |
(ii) The construction material is a COTS item.
| “Foreign | construction | material” | means | a | construction | material | other | than | a | domestic | construction | material. | “United |
| States” | means | the | 50 | States, | the | District | of | Columbia, | and | outlying | areas. |
(b) Domestic preference.
| (1) | This | clause | implements | the | Buy | American | Act | (41 | U.S.C. | 10a | ‐ | 10d) | by | providing | a | preference | for | domestic |
| construction | material. | In | accordance | with | 41 | U.S.C. | 431, | the | component | test | of | the | Buy | American | Act | is | waived | for |
| construction | material | that | is | a | COTS | item | (See | FAR | 12.505(a)(2)). | The | Contractor | shall | use | only | domestic | |||
| construction | material | in | performing | this | contract, | except | as | provided | in | paragraphs | (b)(2) | and | (b)(3) | of | this | clause. |
| (2) | This | requirement | does | not | apply | to | information | technology | that | is | a | commercial | item | or | to | the | construction |
| materials | or | components | listed | by | the | Government | as | follows: |
[Contracting Officer to list applicable excepted materials or indicate “none”]
| (3) | The | Contracting | Officer | may | add | other | foreign | construction | material | to | the | list | in | paragraph | (b)(2) | of | this | clause | |
| if | the | Government | determines | that— |
| (i) | The | cost | of | domestic | construction | material | would | be | unreasonable. | The | cost | of | a | particular | domestic | construction | ||
| material | subject | to | the | requirements | of | the | Buy | American | Act | is | unreasonable | when | the | cost | of | such | material | exceeds |
| the | cost | of | foreign | material | by | more | than | 6 | percent; |
| (ii) | The | application | of | the | restriction | of | the | Buy | American | Act | to | a | particular | construction | material | would | be |
| impracticable | or | inconsistent | with | the | public | interest; | or |
| (iii) | The | construction | material | is | not | mined, | produced, | or | manufactured | in | the | United | States | in | sufficient | and | |
| reasonably | available | commercial | quantities | of | a | satisfactory | quality. |
(c) Request for determination of inapplicability of the Buy American Act.
| (1)(i) | Any | Contractor | request | to | use | foreign | construction | material | in | accordance | with | paragraph | (b)(3) | of | this | clause |
| shall | include | adequate | information | for | Government | evaluation | of | the | request, | including— |
(A) A description of the foreign and domestic construction materials; (B) Unit of measure;
(C) Quantity; (D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
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(G) Name and address of the proposed supplier; and
| (H) | A | detailed | justification | of | the | reason | for | use | of | foreign | construction | materials | cited | in | accordance | with | paragraph |
| (b)(3) | of | this | clause. |
| (ii) | A | request | based | on | unreasonable | cost | shall | include | a | reasonable | survey | of | the | market | and | a | completed | price |
| comparison | table | in | the | format | in | paragraph | (d) | of | this | clause. |
| (iii) | The | price | of | construction | material | shall | include | all | delivery | costs | to | the | construction | site | and | any | applicable | duty |
| (whether | or | not | a | duty‐free | certificate | may | be | issued). |
| (iv) | Any | Contractor | request | for | a | determination | submitted | after | contract | award | shall | explain | why | the | Contractor | ||
| could | not | reasonably | foresee | the | need | for | such | determination | and | could | not | have | requested | the | determination | before | |
| contract | award. | If | the | Contractor | does | not | submit | a | satisfactory | explanation, | the | Contracting | Officer | need | not | make | a |
determination.
| (2) | If | the | Government | determines | after | contract | award | that | an | exception | to | the | Buy | American | Act | applies | and | the |
| Contracting | Officer | and | the | Contractor | negotiate | adequate | consideration, | the | Contracting | Officer | will | modify | the | |||||
| contract | to | allow | use | of | the | foreign | construction | material. | However, | when | the | basis | for | the | exception | is | the | |
| unreasonable | price | of | a | domestic | construction | material, | adequate | consideration | is | not | less | than | the | differential | ||||
| established | in | paragraph | (b)(3)(i) | of | this | clause. |
| (3) | Unless | the | Government | determines | that | an | exception | to | the | Buy | American | Act | applies, | use | of | foreign | construction |
| material | is | noncompliant | with | the | Buy | American | Act. |
| (d) | Data. | To | permit | evaluation | of | requests | under | paragraph | (c) | of | this | clause | based | on | unreasonable | cost, | the |
| Contractor | shall | include | the | following | information | and | any | applicable | supporting | data | based | on | the | survey | of |
suppliers:
FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON
Construction Material Description Unit of Measure Quantity Price (Dollars)*
Item 1:
Foreign construction material
Domestic construction material
Item 2:
Foreign construction material
Domestic construction material
[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]
[Include other applicable supporting information.]
| Solicitation | No. | DTMA‐92‐B‐2012‐0001 | Facility | Wide | Asphalt | Overlay |
| James | River | Reserve | Fleet, | Ft. |
Eustis, VA
| [* | Include | all | delivery | costs | to | the | construction | site | and | any | applicable | duty | (whether | or | not | a | duty‐free | entry |
| certificate | is | issued).] |
(End of clause)
| Solicitation | No. | DTMA‐92‐B‐2012‐0001 | Facility | Wide | Asphalt | Overlay |
| James | River | Reserve | Fleet, | Ft. |
Eustis, VA
SECTION J - LIST OF ATTACHMENTS
ATTACHMENTS TITLE DATE PAGES
J.1.
WAGE RATE DECISION – VA120014 1/6/2012 4 PAGES
J.2.
JRRF Re-Surfacing 1 EACH
J.3.
BID BOND (SF-24) 1 EACH
| Solicitation | No. | DTMA‐92‐B‐2012‐0001 | Facility | Wide | Asphalt | Overlay |
| James | River | Reserve | Fleet, | Ft. |
Eustis, VA
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF
OFFERORS
K.1 DUNS IDENTIFICATION NUMBER
Each bidder or offeror is requested to provide their appropriate DUNS Identification Number. If this information is unknown, a number can be obtained by calling your local Dun and Bradstreet Office. This number is assigned by Dun and Bradstreet, Inc. and is contained in the company’s Data Universal Numbering System. You may call 1-800-333-0505 to obtain or establish a D&B Number for your firm.
(1) DUNS Identification Number: .
K.2 THE FOLLOWING PROVISIONS ARE APPLICABLE TO THE SOLICITATION:
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2012)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.
(2) The small business size standard is 33.5 MIL.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications 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 certifications in the solicitation.
(c)(1) The following representations or certifications in ORCA 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) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.
(iv) 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.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.
| Solicitation | No. | DTMA‐92‐B‐2012‐0001 | Facility | Wide | Asphalt | Overlay |
| James | River | Reserve | Fleet, | Ft. |
Eustis, VA
(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 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.
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & 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.
(x) 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.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 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.
(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xiv) 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.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use…
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