FA3010-16-R-0010_Solicitation.doc
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- Repair/Replace SFS HVAC Bldg 3501 Federal contract opportunity
- Solicitation number
- FA3010-16-R-0010Houston
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Solicitation for MAHG14-1067 Repair/Replace HVAC System Security Forces Bldg 3501
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Questions_1-2.docx | DOCX document | |
| MAHG141067_Repair_HVAC_B3501_drawings.pdf | ||
| Attachment_6_SF_1444word.rtf | RTF text file | |
| Attachment_4_Performance_Questionnaire.docx | DOCX document | |
| MAHG141067_Repair_HVAC_B3501_specs.pdf | ||
| Attachment_5_Past_Performance_Reference_List.docx | DOCX document | |
| Attachment_7_Notice_of_Compliance.doc | DOC document | |
| Wage_Det.pdf |
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Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
MAHG14-1067 Repair HVAC System Security
FFP
Removing existing air cooled chiller of building 3501, an 18,500SF facility and replace with a new air cooled chiller. Modify existing chilled water piping from a constant flow primary system to a constant flow primary/variable flow secondary system. Remove and replace the existing non-condensing natural draft boiler with a new high efficiency condensing unit. Remove and replace the existing pneumatically controlled VAV’s with new electronic controlled DDC units. Replace the existing HVAC pneumatic control system with a new electronic DDC system. Replace ceiling as necessary and reuse ductwork except as directed. IAW the attached Specifiaction MAHG-141067 & Drawing
FOB: Destination
PURCHASE REQUEST NUMBER: F2J31D6039AW03
SIGNAL CODE: A
NET AMT
Section E - Inspection and Acceptance
INSPECTION & ACCEPTANCE TERMS
Pacific Architects & Engineers, Inc. (PAE) 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 288.00 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)
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through
WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo Invoice
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
Keesler AFB, MS
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Field Name in WAWF
Data to be entered in WAWF
Pay Official DoDAAC
F67100
Issue By DoDAAC
FA3010
Admin DoDAAC
Inspect By DoDAAC
Ship To Code
F2J31D
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
Reggie.temple@us.af.mil , eric.dismuke.1@us.af.mil, cody.houston.1@us.af.mi
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
Reggie.temple@us.af.mil , eric.dismuke.1@us.af.mil, cody.houston.1@us.af.mi
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
| 52.202-1 |
| Definitions |
| NOV 2013 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-5 |
| Covenant Against Contingent Fees |
| MAY 2014 |
| 52.203-6 |
| Restrictions On Subcontractor Sales To The Government |
| SEP 2006 |
| 52.203-7 |
| Anti-Kickback Procedures |
| MAY 2014 |
| 52.203-8 |
| Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity |
| MAY 2014 |
| 52.203-10 |
| Price Or Fee Adjustment For Illegal Or Improper Activity |
| MAY 2014 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| OCT 2010 |
| 52.203-17 |
| Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights |
| APR 2014 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-7 |
| System for Award Management |
| JUL 2013 |
| 52.204-9 |
| Personal Identity Verification of Contractor Personnel |
| JAN 2011 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| OCT 2015 |
| 52.204-13 |
| System for Award Management Maintenance |
| JUL 2013 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| OCT 2015 |
| 52.209-9 |
| Updates of Publicly Available Information Regarding Responsibility Matters |
| JUL 2013 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| NOV 2015 |
| 52.211-15 |
| Defense Priority And Allocation Requirements |
| APR 2008 |
| 52.215-2 |
| Audit and Records--Negotiation |
| OCT 2010 |
| 52.215-21 |
| Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications |
| OCT 2010 |
| 52.219-3 |
| Notice of HUBZone Set-Aside or Sole Source Award |
| NOV 2011 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| OCT 2014 |
| 52.219-14 |
| Limitations On Subcontracting |
| NOV 2011 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-4 |
| Contract Work Hours and Safety Standards- Overtime Compensation |
| MAY 2014 |
| 52.222-6 |
| Construction Wage Rate Requirements |
| MAY 2014 |
| 52.222-7 |
| Withholding of Funds |
| MAY 2014 |
| 52.222-8 |
| Payrolls and Basic Records |
| MAY 2014 |
| 52.222-9 |
| Apprentices and Trainees |
| JUL 2005 |
| 52.222-10 |
| Compliance with Copeland Act Requirements |
| FEB 1988 |
| 52.222-11 |
| Subcontracts (Labor Standards) |
| MAY 2014 |
| 52.222-12 |
| Contract Termination-Debarment |
| MAY 2014 |
| 52.222-13 |
| Compliance With Construction Wage Rate Requirements and Related Regulations |
| MAY 2014 |
| 52.222-14 |
| Disputes Concerning Labor Standards |
| FEB 1988 |
| 52.222-15 |
| Certification of Eligibility |
| MAY 2014 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-26 |
| Equal Opportunity |
| APR 2015 |
| 52.222-27 |
| Affirmative Action Compliance Requirements for Construction |
| APR 2015 |
| 52.222-35 |
| Equal Opportunity for Veterans |
| OCT 2015 |
| 52.222-36 |
| Equal Opportunity for Workers with Disabilities |
| JUL 2014 |
| 52.222-37 |
| Employment Reports on Veterans |
| FEB 2016 |
| 52.222-40 |
| Notification of Employee Rights Under the National Labor Relations Act |
| DEC 2010 |
| 52.222-50 |
| Combating Trafficking in Persons |
| MAR 2015 |
| 52.222-54 |
| Employment Eligibility Verification |
| OCT 2015 |
| 52.222-55 |
| Minimum Wages Under Executive Order 13658 |
| DEC 2015 |
| 52.223-3 |
| Hazardous Material Identification And Material Safety Data |
| JAN 1997 |
| 52.223-5 |
| Pollution Prevention and Right-to-Know Information |
| MAY 2011 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.223-12 |
| Refrigeration Equipment and Air Conditioners |
| MAY 1995 |
| 52.223-17 |
| Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts |
| MAY 2008 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 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 |
| JAN 2012 |
| 52.228-12 |
| Prospective Subcontractor Requests for Bonds |
| MAY 2014 |
| 52.228-14 |
| Irrevocable Letter of Credit |
| NOV 2014 |
| 52.228-15 |
| Performance and Payment Bonds--Construction |
| OCT 2010 |
| 52.229-3 |
| Federal, State And Local Taxes |
| FEB 2013 |
| 52.232-5 |
| Payments under Fixed-Price Construction Contracts |
| MAY 2014 |
| 52.232-17 |
| Interest |
| MAY 2014 |
| 52.232-18 |
| Availability Of Funds |
| APR 1984 |
| 52.232-23 |
| Assignment Of Claims |
| MAY 2014 |
| 52.232-27 |
| Prompt Payment for Construction Contracts |
| MAY 2014 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| JUL 2013 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 52.233-1 |
| Disputes |
| MAY 2014 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.236-2 |
| Differing Site Conditions |
| APR 1984 |
| 52.236-3 |
| Site Investigation and Conditions Affecting the Work |
| APR 1984 |
| 52.236-5 |
| Material and Workmanship |
| 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 |
| 52.244-6 |
| Subcontracts for Commercial Items |
| FEB 2016 |
| 52.246-21 |
| Warranty of Construction |
| MAR 1994 |
| 52.248-3 |
| Value Engineering-Construction |
| OCT 2015 |
| 52.249-2 |
| Termination For Convenience Of The Government (Fixed-Price) |
| APR 2012 |
| 52.249-2 Alt I |
| Termination for Convenience of the Government (Fixed-Price) (Apr 2012) - 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 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7001 |
| Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies |
| DEC 2008 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7004 Alt A |
| System for Award Management Alternate A |
| FEB 2014 |
| 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 Country that is a State Sponsor of Terrorism |
| OCT 2015 |
| 252.223-7001 |
| Hazard Warning Labels |
| DEC 1991 |
| 252.223-7006 |
| Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials |
| SEP 2014 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| FEB 2013 |
| 252.227-7033 |
| Rights in Shop Drawings |
| APR 1966 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 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 |
| DEC 2012 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JUN 2013 |
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a
Felony Conviction under any Federal Law (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
CLAUSES INCORPORATED BY FULL TEXT
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 245 days after the contractor receives the notice to proceed. * The time stated for completion shall include final cleanup of the premises.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
(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/content/table-small-business-size-standards.
(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 representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, 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 SAM, or does not have a representation in SAM 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 (X ) is, ( ) is not a small business concern under NAICS Code 238220- assigned to contract number FA3010-16-R-0010.
(End of clause)
52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)
(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 46 U.S.C. 40102(4) 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--
(1) 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
(2) 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.
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 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute 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:
(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;
(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 statute 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 statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(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) \1\
Item 1
Foreign construction material.... ........... ___ ........ ....... ………. ___ ................ ........ ___
Domestic construction material... ........ ___ ............... .............. ___ .................. ...... ___
Item 2
Foreign construction material.... ......... ___ ............. ........ ……. ___ ............... ......... ___
Domestic construction material... ....... ___ .................. ............. ___ ................. ....... ___
Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).
List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
(End of clause)
52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-
(c) The amount of the bid guarantee shall be __20__ percent of the bid price or $_3,000,000.00_, whichever is less.-
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
(End of provision)
52.236-4 PHYSICAL DATA (APR 1984)
Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.
(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations: N/A
(b) Weather conditions:
| JAN |
| FEB |
| MAR |
| APR |
| MAY |
| JUN |
| JUL |
| AUG |
| SEP |
| OCT |
| NOV |
| DEC |
| 10 |
| 8 |
| 9 |
| 7 |
| 7 |
| 9 |
| 12 |
| 12 |
| 8 |
| 5 |
| 8 |
| 9 |
(c) Transportation facilities: N/A
(d) No other pertinent information
(End of clause)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/
(End of clause)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)
(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.
(b) The Contractor shall--
(1) Check all drawings furnished immediately upon receipt;
(2) Compare all drawings and verify the figures before laying out the work;
(3) Promptly notify the Contracting Officer of any discrepancies;
(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and
(5) Reproduce and print contract drawings and specifications as needed.
(c) In general--
(1) Large-scale drawings shall govern small-scale drawings; and
(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.
(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.
(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:
Title File Drawing No.
Repair HVAC Security Forces, Bldg. 3501 MAHG-141067 T1
(End of clause)
252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (APR 2014)
(a) Definitions. As used in this clause --
"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.
"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.
"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.
"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.
"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.
"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.
(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.
(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.
"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.
(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.
(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if--
(i) This contract is a construction contract; or
(ii) The supplies being transported are--
(A) Noncommercial items; or
(B) Commercial items that--
(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it contracts for f.o.b. destination shipment);
(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or
(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.
(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that --
(1) U.S.-flag vessels are not available for timely shipment;
(2) The freight charges are inordinately excessive or unreasonable; or
(3) Freight charges are higher than charges to private persons for transportation of like goods.
(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum --
(1) Type, weight, and cube of cargo;
(2) Required shipping date;
(3) Special handling and discharge requirements;
(4) Loading and discharge points;
(5) Name of shipper and consignee;
(6) Prime contract number; and
(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.
(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW., Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:
(1) Prime contract number;
(2) Name of vessel;
(3) Vessel flag of registry;
(4) Date of loading;
(5) Port of loading;
(6) Port of final discharge;
(7) Description of commodity;
(8) Gross weight in pounds and cubic feet if available;
(9) Total ocean freight in U.S. dollars; and
(10) Name of the steamship company.
(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief--
(1) No ocean transportation was used in the performance of this contract;
(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;
(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or
(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:
ITEM
CONTRACT
QUANTITY
DESCRIPTION
LINE ITEMS
TOTAL_______________________________________________________________
(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.
(h) In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:
(1) The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.
(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.
(End of clause)
252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000)
(a) The Contractor has indicated by the response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies. If, however, after the award of this contract, the Contractor learns that supplies, as defined in the Transportation of Supplies by Sea clause of this contract, will be transported by sea, the Contractor --
(1) Shall notify the Contracting Officer of that fact; and
(2) Hereby agrees to comply with all the terms and conditions of the Transportation of Supplies by Sea clause of this contract.
(b) The Contractor shall include this clause; including this paragraph (b), revised as necessary to reflect the relationship of the contracting parties--
(1) In all subcontracts under this contract, if this contract is a construction contract; or
(2) If this contract is not a construction contract, in all subcontracts under this contract that are for--
(i) Noncommercial items; or
(ii) Commercial items that--
(A) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);
(B) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or
(C) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.
(End of clause)
5352.201-9101 OMBUDSMAN (NOV 2012)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Deputy Director of Contracting (AFICA/KT) David Jones, 2035 1st Street West, Ste 1, JBSA Randolph AFB, TX 78150-4304, phone (210) 652-1722, facsimile (210) 652-8344, david.jones.3@us.af.mil or the alternate obudsman Stephen G. Smith, Chief, Clearance & Program Support Division (AFICA/KTC), phone (210) 652-7075, stephen.smith@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/HQ AFICA/AFISRA/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.
5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODSs) (NOV 2012)
(a) Contractors shall not:
(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or
(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.
[Note: This prohibition does not apply to manufacturing.]
(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:
(1) Halons: 1011, 1202, 1211, 1301, and 2402;
(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and
(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.
[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]
5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and ID Card to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101 citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)
Section J - List of Documents, Exhibits and Other Attachments
SECTION J
Document Type Description
Pages
Date
| Attachment 1 |
| Specifications, MAHG 10-1089 |
| 131 |
| 17 Jun 15 |
| Attachment 2 |
| Drawings for Buildings 4430 & 4431 |
| 17 |
| 17 Jun 15 |
| Attachment 3 |
| Wage Determination, MS150119 |
| 5 |
| 11 Mar 16 |
| Attachment 4 |
| Past Performance Questionnaire |
| 3 |
| Undated |
| Attachment 5 |
| Past Performance Reference List |
| 1 |
| Undated |
| Attachment 6 |
| SF 1444 w/ Instructions |
| 3 |
| Undated |
| Attachment 7 |
| Insurance Compliance Certificate |
| 2 |
| Undated |
Section K - Representations, Certifications and Other Statements of Offerors
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2016)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.
(2) The small business size standard is $15M.
(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 provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM 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:
( ) Paragraph (d) applies.
( ) 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 SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(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.
(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) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(viii) 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.
(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(x) 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.
(xi) 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.
(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiii) 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.
(xiv) 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.
(xv) 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…
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