FA3010-10-R-0011 Solicitation.pdf

F2J31D0166A013

RECOVERY—THIS IS AN AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) PROCUREMENT. The resulting contract w ill utilize funds provided by the American Recovery and Reinvestment Act of 2009. Interested parties are notif ied that the inclusion of unique provisions required in implementing the Act, including those for signif icant reporting and transparency, w ill be required of the successful offeror.

HVAC \ VAV Control replacement for Keesler AFB Airf ield IAW attached Statement of Work.

The magnitude of proposed construction is betw een $500,000.00 and $1,000,000.00.

This acquisition is being issued as a Small HUBZONE business set-aside.

Enter price in Section B.

All amendments to this solicitation (if any) must be acknow ledged.

If aw arded, the aw ard w ill be made pursuant to the Small Business Competitiveness Demonstration Program.

NOTICE TO OFFERORS: Funds are not presently available for this project. No aw ard w ill be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date.

ALEX J. POTTER 228-377-1823

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

14-Jul-2010

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______7 calendar days and complete it w ithin ________180 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________17 Aug 2010 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

81ST CONTRACTING SQUADRON

SSGT ALEX POTTER

310 M STREET, RM 102

KEESLER AFB MS 39534-2147

FA3010

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 AM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

228-377-3298FAX:TEL: 228-377-1823 TEL: FAX:

FA3010-10-R-0011 52

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

FA3010-10-R-0011

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT AMOUNT

0001 1 Lump Sum $________________ VAV Control Repair

FFP

The work performed under this contract shall consist of furnishing all labor, materials, and equipment necessary to remove the existing pneumatic HVAC controls and replace with electronic DDC controls. A portion of the hydronic piping adjacent to the air handling units shall be removed and replaced which is corroded and leaking. Install new unions, balance cocks, circuit setters, strainers, P/T taps, stainless steel flexible connections and all other existing coil components on each of the twelve existing air handling units to match the size of the existing components being demolished. Remove existing gages and install new. The existing, 126 (one hundred twenty six) variable air volume boxes (no reheat) shall be removed and replaced with new. Remove the existing ceiling tile as required to complete the scope of work and replace with new to match the existing. All work is to be done inaccordance with the attached specifications (See Section J).

ARRA PROJECT MAHG101031

PURCHASE REQUEST NUMBER: F2J31D0166A013

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Computer Science Corporation (CSC) is designated as the office responsible for inspecting the work while the

Contracting Officer is responsible for final acceptance of the work.

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY FULL TEXT

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $158.54 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

K-101 ELECTRONIC INVOICE INSTRUCTIONS (81CONS/LGC) ( JUN 2010)

DFARS 252.232-7003 Electronic Submission of Payment Requests applies to this contract.

USE OF WAWF IS MANDATORY – Requests for payment shall be processed electronically via the Wide Area

Work Flow (WAWF) system. There are no charges or fees to use WAWF. If you are not currently registered with

WAWF, contact the WAWF Help Desk at 1-866-618-5988 or 1-801-605-7095. Web Based Training is located at http://www.wawftraining.com/ and a live training database is located at https://wawftraining.eb.mil/. For specific questions, contact your administrator listed on the front of this contract.

Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Limestone at

1-800-390-5620 or faxed to 1-866-392-7091. You must have your contract number and invoice number ready when inquiring about payment status. Payment information can also be accessed at the DFAS web site:

http://www.dfas.mil.

The following codes will be required to route your invoices and emails correctly through WAWF.

CAGE CODE:

ISSUE BY DODAAC: FA3010

ADMIN DODAAC: FA3010

INSPECT BY DODAAC: F2J3C7

SERVICE ACCECPTOR: FA3010

“SHIP TO” DODAAC: FA3010

PAY OFFICE DODAAC: F67100

http://www.wawftraining.com/ https://wawftraining.eb.mil/ http://www.dfas.mil/

FSC CODE: Y119

EMAIL POINT OF CONTACT LISTING: (Send emails to the following personnel):

SERVICE ACCEPTOR: reggie.temple@us.af.mil

CONTRACT ADMINISTRATOR: alex.potter@us.af.mil

CONTRACTING OFFICER: jamie.davis.1@us.af.mil

ADDITIONAL CONTACTS: NONE

TYPE OF INVOICE: Recommend using the type of invoice indicated with "X" below:

Invoice as 2-in-1 (Recommended for Services)

Invoice and Receiving Report (Combo) (Recommended for Supplies)

(End of Clause)

Section H - Special Contract Requirements

K-102 SPECIAL CONTRACT REQUIREMENTS (81CONS/LGCA) (AUG 2004)

AVAILABILITY OF UTILITY SERVICES

Notwithstanding the provisions of Contract clause FAR 52.236-14, Availability and Use of Utility Services, all reasonable required amounts of water, gas, electricity, etc., essential to contract performance, will be made available at no cost to the contractor from existing systems, outlets, and supplies. All temporary connections, outlets, and distribution lines, as may be required, shall be installed by the contractor at the contractor’s own expense.

PREPERFORMANCE CONFERENCE

Offerors are hereby advised if they are awarded a contract as a result of this solicitation, they may be required to appear at the 81 st Contracting Squadron, 310 M Street, Bldg 4605, Keesler AFB, MS, to attend a Preperformance

Conference prior to commencement of any work on the military installation.

REQUIRED INSURANCE (IAW FAR 28.306(b))

Reference FAR clause 52.228-5 entitled Insurance-Work on a Government Installation, the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

a. Workmen’s Compensation and Employers Liability Insurance as required by law, except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen’s Compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

c. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limit of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

SAMPLE INSURANCE CERTIFICATE

PURPOSE: Provide a sample insurance certificate for use when written statements are acceptable in lieu of a copy of the policy required by FAR 28.306 (b) Work on a Government installation.

When the clause 52.228-5, Insurance - Work on a Government Installation, is included in a contract, prime contractors shall be required to either provide copies of insurance certificates or state in writing that the required insurance has been obtained before commencing work on the installation. If the contractor's statement is used in lieu of submission of insurance certificates to the contracting officer, the following Notification of Compliance with

Insurance Requirements should be used for the prime contractor. After completion by the contractor, the

Notification of Compliance should become part of the official contract file.

NOTIFICATION OF COMPLIANCE WITH INSURANCE REQUIREMENTS

The undersigned Contractor hereby acknowledges that he or she has read and understands the insurance requirements specified in this contract and hereby agrees (1) that such insurance will be maintained in at least the amounts and types specified in this contract and during any modifications and or time extensions granted thereto; (2) that the policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective for such period as the laws of the

State in which this contract is to be performed prescribe, or until 30 days after the insurer or contractor gives written notice to the Contracting Officer, whichever period is longer; (3) that ________________ (State) Workmen's

Compensation Insurance, or letter of reciprocal agreement with another state, shall be maintained on this contract for and during the entire performance period and for any modifications and time extensions granted thereto; and (4) that a copy of all subcontractors’ proof of insurance shall be maintained and shall be made available to the Contracting

Officer upon request. This agreement shall become a part of the above referenced contract file.

INSURANCE COMPANY(S): ____________________________________

(NAME[S]) (TELEPHONE NUMBER[S]):______________________________________________

CONTRACTOR: ____________________________________________

(NAME): __________________________________________________

(ADDRESS):._______________________________________________

(AUTHORIZED SIGNATURE) (DATE):._______________________________________________

(TYPED NAME AND TITLE):.________________________________________________________

(End of Clause)

K-103 ENTRY/ACCESS REQUIREMENTS FOR CONTRACTOR PERSONNEL REQUIRING ACCESS

TO KEESLER AFB (81 CONS) (SEP 2007)

APPLICABILITY

(a) Except as provided in Applicability paragraph (b) of this clause, this clause applies to services and construction contracts requiring entry/access to Keesler AFB with periods of performance (PoP) exceeding 60 days.

(1) For the purposes of this clause, contract PoP begins at ―notice to proceed‖ (NTP) (construction) or performance start date (services). The PoP end date is based on the contract completion date.

(2) The clause shall be included (flow-down) to subcontracts at every tier

(b) This clause does not apply to—

(1) Contracts requiring entry/access to Keesler AFB with periods of performance (PoP) 60 days or less. Entry/access to Keesler AFB not covered under this clause is controlled by Entry Access List procedures.

(c) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program

Management, as applicable.

(d) Contractor personnel are not covered by FAR 52.222-3, Convict Labor, for the purposes of entry/access to installations/locations.

BADGING SYSTEM DATA REQUIREMENTS

(a) The contractor shall provide the following to the Contracting Officer (CO) and the 81 CONS Visitor Control

Center (VCC):

(1) ―Listing of personnel requiring access/entry.‖ The list shall contain the following:

(i) Contract number

(ii) Contract award date

(iii) The PoP dates identified in Applicability paragraph (a)(1) above. For construction, if NTP is not issued prior to list submission, state ―no NTP‖.

(iv) Work site(s) or location(s).

(v) Each employee’s full name and social security number (SSN). For those without SSNs, a working visa or

Resident Alien number must be provided or base entry will be denied.

(vi) Identify up to two employees for designation as ―escort‖ authorities. Badge will identify employee(s) that have escort authority.

(vii) A statement that the SSNs of the listed employees have been verified with the social security administration

(contractors should reference www.ssa.gov/employer/ssnv.htm)

(2) The list shall be submitted in electronic format. The contractor shall provide written notification of any additions to the personnel listing and submit Contractor/Subcontractor Access Affidavit(s), see Contractor/Subcontractor

Access Affidavit at the end of this clause, for all new personnel.

(3) Completed Contractor/Subcontractor Access Affidavits shall authorize the Air Force to fingerprint contractor personnel and conduct additional background checks. The consent form will outline the following:

(i) The contractor has briefed the contractor personnel for the purpose of the Contractor/Subcontractor Access

Affidavit.

(ii) The information on the form is collected in accordance with 50 U.S.C. 797 and DoDD 5200.8 that permits installation commanders to limit access to installations for security reasons.

(iii) Completion of the form is voluntary.

(iv) Agreement to provide a specimen of fingerprints

(v) Awareness of a list of ―disqualifying factors‖ and/or access to the list.

(vi) Consent and authorization for the Air Force to conduct background screening and to compare fingerprints against state and federal criminal databases.

(vii) Knowing and willful false statements on the form can be punished by a fine or imprisonment, or both (10 U.S.C.

1001).

(viii) The consent form shall remain valid for not longer than a 24-month period, or the end of the contract PoP, (to include all options) whichever is lesser.

(b) The personnel list and consent form(s) shall be submitted as follows:

(1) 81 CONS VCC e-mail account: 81cons.vcc@keesler.af.mil. Personnel list must be submitted IAW Badging

System Data Requirements paragraph (a)(2). The signed Contractor/Subcontractor Access Affidavit(s) may be submitted in ―pdf‖ format; or

(2) The electronic file (USB storage device or CD-ROM) and consent form(s) may be submitted in person or mailed to the 81 CONS VCC at the following address:

ATTN: 81 CONS VCC

310 M Street, Bldg 4605

Keesler AFB, Ms 39534-2147

(3) Refer questions regarding the personnel list and Contractor/Subcontractor Access Affidavit(s) to the 81 CONS

VCC at 228-377-3491. The 81 CONS VCC fax number is 228-377-3298.

BACKGROUND CHECKS

(a) Upon receipt of the personnel list and Contractor/Subcontractor Access Affidavit(s), background checks will be accomplished. Background checks will be categorized as favorable or unfavorable.

(b) ―Favorable‖ background checks will not contain any of the following negative screening criteria (i.e., ―disqualifying factors‖):

(1) U.S. citizenship, immigration status, or Social Security Account Number cannot be verified.

(2) Barred from entry/access to any military installation or facility.

(3) Wanted by federal or civil law enforcement authorities, regardless of offense/violation (i.e., an ―order to arrest‖ has been issued by a judge).

(4) Conviction of a firearms or explosive violation within the past three years.

(5) Incarcerated for 12 months or longer within the past three years, regardless of offense/violation.

(6) Any conviction for espionage, sabotage, treason or terrorism, or murder.

(7) A conviction of sexual assault, armed assault/robbery, rape, child molestation, drug possession with intent to sell, or drug distribution within the past ten years.

(8) Name appears on any federal agency’s ―watch list‖ or ―hit list‖ for criminal behavior or terrorist activity.

(c) An unfavorable background check may be appealed to the CO. The appeal shall include a signed letter of rebuttal and any associated supporting documentation to the CO. The CO will forward the appeal to the 81 CONS mailto:81cons.vcc@keesler.af.mil

VCC. 81 CONS VCC will forward the appeal to the appeal authority (81 MSG/CD). 81 CONS VCC will provide the appeal results to the CO.

(d) Given a reasonable cause, condition, or reason, this clause does not circumvent the installation/location commander’s unilateral authority to deny or withdraw any individual’s entry/access to an installation/location.

BADGE AND FINGERPRINT SCHEDULE

(a) 81 CONS VCC will notify the contractor upon completion of background checks. Badging and fingerprinting shall be scheduled by contacting the 81 CONS VCC at 228-377-3491.

(b) Personnel shall report to the 81 CONS VCC with a photo identification issued by a Federal/State activity. If no photo ID is shown, a badge will not be issued.

CHANGE IN EMPLOYEE ENTRY/ACCESS STATUS (DELETIONS)

(a) No later than five (5) working days after a change in status for contractor personnel requiring entry/access, the contractor shall e-mail personnel list deletions and return identified badges to the 81 CONS/VCC. Personnel list deletions shall be e-mailed to 81cons.vcc@keesler.af.mil as outlined in Badging System Data Requirements paragraph (b)(1).

(b) The contractor shall notify the employee of their change in status for entry/access to Keesler AFB.

(c) Unfavorable fingerprint results shall constitute immediate deactivation of the issued badge(s) to the disqualified employee(s).

(1) Security forces may confiscate badge(s) of the individual(s) present on base at the time of the unfavorable result notification. Security Forces may escort the individual(s) from Keesler AFB in accordance with Security Forces guidelines.

(2) 81 CONS VCC shall notify the contractor of an unfavorable fingerprint result and request the contractor return the badge IAW Change in employee entry/access status (deletions) paragraph (a) above (unless already confiscated).

BADGE LOSS/REPLACEMENT

(a) Personnel requiring a replacement badge shall call the 81 CONS VCC at 228-377-3491 to schedule a badge appointment.

(1) Lost badge(s) require a signed letter from the prime contractor requesting replacement of badge(s) due to loss or damage.

(2) $25 will be withheld for each unreturned badge from the final payment. Returned (damaged) badges may be replaced at no charge.

(3) Personnel shall report to the 81 CONS VCC with a photo identification issued by a Federal/State activity.

BADGE DISPLAY (FOR INDIVIDUALS)

All identification badges shall be prominently worn/displayed in a visible manner. Safety related exceptions to this requirement shall be addressed to the CO. The CO will notify 81 CONS VCC of exceptions granted.

CONTRACT COMPLETION, RETURN OF BADGES

mailto:81cons.vcc@keesler.af.mil

(a) No later than five (5) working days after contract completion, the contractor shall return all badges to 81

CONS/VCC. All badges are returned collectively by the contractor, not incrementally/individually by the employee(s). The badge turn-in shall identify the contract number.

(b) Failure to return badges IAW Contract completion, return of badges paragraph (a) shall result in withholding $25 for each unreturned badge from the final payment IAW Badge Loss/Replacement paragraph (a)(2).

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUL 2004

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 SEP 2006

52.203-7 Anti-Kickback Procedures JUL 1995

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

SEP 2007

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000

52.204-7 Central Contractor Registration APR 2008

52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

SEP 2006

52.211-15 Defense Priority And Allocation Requirements APR 2008

52.215-2 Audit and Records--Negotiation MAR 2009

52.215-11 Price Reduction for Defective Cost or Pricing Data--

Modifications

OCT 1997

52.215-13 Subcontractor Cost or Pricing Data--Modifications OCT 1997

52.215-21 Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data--Modifications

OCT 1997

52.219-3 Notice of Total HUBZone Set-Aide JAN 1999

52.219-8 Utilization of Small Business Concerns MAY 2004

52.219-14 Limitations On Subcontracting DEC 1996

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

JUL 2005

52.222-6 Davis Bacon Act JUL 2005

52.222-7 Withholding of Funds FEB 1988

52.222-8 Payrolls and Basic Records FEB 1988

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.222-11 Subcontracts (Labor Standards) JUL 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 Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998

52.222-37 Employment Reports On Special Disabled Veterans, Veterans

Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-50 Combating Trafficking in Persons FEB 2009

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997

52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003

52.223-6 Drug-Free Workplace MAY 2001

52.223-12 Refrigeration Equipment and Air Conditioners MAY 1995

52.223-14 Toxic Chemical Release Reporting AUG 2003

52.225-13 Restrictions on Certain Foreign Purchases JUN 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

52.228-2 Additional Bond Security OCT 1997

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-11 Pledges Of Assets SEP 2009

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 NOV 2006

52.229-3 Federal, State And Local Taxes APR 2003

52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002

52.232-17 Interest OCT 2008

52.232-23 Assignment Of Claims JAN 1986

52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984

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 JUL 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

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-26 Preconstruction Conference FEB 1995

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.243-4 Changes JUN 2007

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering-Construction SEP 2006

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

MAY 2004

52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (May 2004) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.215-7000 Pricing Adjustments DEC 1991

252.223-7001 Hazard Warning Labels DEC 1991

252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.225-7012 Preference For Certain Domestic Commodities DEC 2008

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

252.227-7033 Rights in Shop Drawings APR 1966

252.231-7000 Supplemental Cost Principles DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment MAR 1998

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked ―has‖ in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall enter the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(End of provision)

52.209-8 UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information

System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by entering the required information in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the

Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) With the exception of the Contractor, only Government personnel and authorized users performing business on behalf of the Government will be able to view the Contractor's record in the system. Public requests for system information will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 7 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 180 calendar days after reciept of notice to proceed. The time stated for completion shall include final cleanup of the premises.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and

Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the

Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in

ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 238220- assigned to contract number FA3010-10-R-0011.

(Contractor to sign and date and insert authorized signer's name and title).

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and

Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the

Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in

ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 238220- assigned to contract number FA3010-10-R-0011.

(Contractor to sign and date and insert authorized signer's name and title).

52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (JUL 2005)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting

Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.225-21 REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED GOODS—

BUY AMERICAN ACT—CONSTRUCTION MATERIALS (MAR 2009)

(a) Definitions. As used in this clause—

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.

Domestic construction material means—

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States.

Foreign construction material means a construction material other than a domestic construction material.

Manufactured construction material means any construction material that is not unmanufactured construction material.

Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

Unmanufactured construction material means raw material brought to the construction site for incorporation into the building or work that has not been—

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

(b) Domestic preference.

(1) This clause implements—

(i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and

(ii) The Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for unmanufactured domestic construction material.

(2) The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraph (b)(3) and (b)(4) of this clause.

(3) This requirement does not apply to the construction material or components listed by the Government as follows:

NONE

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable.

(A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the cost of the contract by more than 25 percent;

(B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or

(iii) The application of the restriction of section 1605 of the Recovery Act or the Buy American Act to a particular construction material would be inconsistent with the public interest.

(c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) 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) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

(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)(4) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this clause.

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

(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 section 1605 of the Recovery Act or 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 cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this…