pd_RFP.pdf

Design-Build Renovate Exterior Bldg 1375. This acquisition is set aside solely for certified HUBZone Small Business. NAICS: 236210 The magnitude of this project is between $500,000.00 $1,000,000.00

Instructions: The contractor shall complete as part of offer and submit the following documents:

Section A, SF 1442 with completed Blocks #14, #15, #16 (if different than block 14) #17, #20a, #20b, #20c, and block #19 if amendments have been issued. An authorized official of the firm must sign the SF 1442. Block #20b.

Section B, complete pricing information CLINS 0001, 0002, 0003

Section I, complete appropriate certifications in clauses. Section K, complete all appropriate and applicable Representations and Certifications.

Proposal. Offeror shall submit proposal packages in accordance with Section L, Instruction to Offerors.

Notice to Offeror: Funds are not presently available for this effort. No award will 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. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror.

PAUL KRAUS 210-671-4684

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

22-Aug-2015

(RFP)

(IFB)

X

CALL:

Renovate Exterior, Bldg 1375

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

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 within _______10 calendar days and complete it within ________315 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________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 work required are due at the place specified in Item 8 by ___________ local time ______________21 Sep 2015 (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) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due will not be considered and will 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

502D CONTRACTING SQUADRON

1655 SELFRIDGE AVE

JBSA LACKLAND TX 78236-5253

FA3047

PAGE OF PAGES

1 OF

CODE FA3089

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

502D CONTRACTING SQUADRON

1655 SELFRIDGE AVE

JBSA LACKLAND TX 78236-5253

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

JBSF 11-0839

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

210-671-3360FAX:TEL: 210-671-1700 TEL: FAX:

FA3047-15-R-0076 46

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 work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ calendar days after the date offers are due.

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 offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-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

(Must be fully completed by offeror)OFFER

FA3047-15-R-0076

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each 95% Design

FFP

95% Design, Renovate Bldg 1375, IAW SOW Dated 10 Aug 2015

30 Calendar Days After NTP

FOB: Destination

SIGNAL CODE: A

NET AMT

0002 1 Each 100% Design

FFP

100% Design, Renovate Bldg 1375, IAW SOW Dated 10 Aug 2015

105 Calendar Days After NTP

0003 1 Lot Contruction Efforts

FFP

Provide all supervision, labor, materials, equipment, supplies, and transportation necessary for construction efforts to renovate Bldg 1375 at JBSA Fort Sam

Houston, TX; IAW SOW, specifications, drawings, and design provided by the designer of record (DOR).

180 Days After NTP.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F - Deliveries or Performance

WORK HOURS AND HOLIDAYS

Work during federal holidays, weekends and/or after normal business hours are not permitted under this contract. Contractor may submit a waiver request to the

Contracting Officer. The waiver request shall be submitted in writing at minimum 7-calendar days in advance of the proposed work. Contractor shall ensure that all work conducted during a federal holiday, weekend and/or after hour is still open/exposed such that government can inspect the work. Approval of the waiver will only be provided, if the work is deemed necessary or found to be in the best interest of the government. Contractor shall proceed to schedule work during these periods only after receiving written approval of the waiver from the Contracting Officer. Normal business hours are considered to be from 0630-1700 hours. Weekends are considered to be every

Saturday and Sunday. The following legal holidays are observed by the Federal government:

New Year's Day January 1

Martin Luther King, Jr.'s Birthday 3d Monday in January

Washington's Birthday 3d Monday in February

Memorial Day Last Monday in May

Independence Day July 4

Labor Day 1st Monday in September

Columbus Day 2d Monday in October

Veterans Day November 11

Thanksgiving Day 4th Thursday in November

Christmas Day December 25

NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday; holidays falling on a Sunday will be observed on the following Monday.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 30 dys. ADC 1 502 CES/CE F2MRAA

JAMES (RANDY) EICHMAN

2202 15TH ST STE 7

JB FORT SAM HOUSTON TX 78234-5007

210-671-5899

F2MRAA

0002 105 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 180 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

52.211-13 Time Extensions SEP 2000

252.204-7006 Billing Instructions OCT 2005

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 10 calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 315 days after the date the contractor receives the notice to proceed. * The time stated for completion shall include final cleanup of the premises.

95% Design – 30 days after NTP

100% Design – 105 days after NTP

Construction Efforts – 180 days after NTP

(End of clause)

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 $564.00 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.

Section G - Contract Administration Data

ADMINISTRATIVE AUTHORITY

The resultant contract will be administered by the 502D Contracting Squadron. The address, telephone number and fax number of the Contracting Officer are as follows:

ANN COLEMAN

Contracting Officer

502 CONS/JBKADC

1655 Selfridge Ave Joint Base San Antonio - Lackland, TX 78236-5253 Phone: 210-671-6083 Fax: 210-671-3360 dorothy.coleman@us.af.mil

The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the contractor effects any such changes at the direction of any person other than the CO, the change will be considered made without authority and no adjustment will be made in the contract price to cover increase in costs incurred as a result thereof.

Contractual problems, of any nature, which might occur during the life of the contract, must be handled in conformance with very specific public laws and regulations (i.e., Federal Acquisition Regulation), and must be referred to the CO for resolution. Only the CO is authorized to formally resolve such problems.

Therefore, the contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO. Any request for contract changes/modification shall be submitted to the CO.

The contractor and the Government may agree to perform a no-cost field change. Field changes are made when the change appears to be mutually beneficial to all parties and would not require changing the negotiated line items. An example of a field change is: rerouting planned location of a sidewalk to avoid a tree (when quantities are not changed). All field changes must be approved by the CO prior to execution. All correspondence concerning this contract, such as requests for information (RFI), explanation of terms, and contract interpretation, shall be submitted to the CO.

252.204-7006 Billing Instructions OCT 2005 mailto:dorothy.coleman@us.af.mil

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).

Invoice and Receiving Report- Combo

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in

WAWF, as specified by the contracting officer.

Inspection: Destination

Acceptance: Destination

(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.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF https://www.acquisition.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

Pay Official DoDAAC F87700

Issue By DoDAAC FA3047

Admin DoDAAC FA3047

Inspect By DoDAAC F2MRAA

Ship To Code F2MRAA

Ship From Code Not Applicable

Mark For Code Not Applicable

Service Approver (DoDAAC) F2MRAA

Service Acceptor (DoDAAC) F2MRAA

Accept at Other DoDAAC Not Applicable

LPO DoDAAC Not Applicable

DCAA Auditor DoDAAC Not Applicable

Other DoDAAC(s) Not Applicable

(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.

Contract Administrator: PAUL KRAUS

(210) 671-0041 paul.kraus.1@us.af.mil

Contracting Officer: DOROTHY A. COLEMAN

(210) 671-6083 dorothy.coleman@us.af.mil

(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.

Contract Administrator: PAUL KRAUS

(210) 671-0041 paul.kraus.1@us.af.mil

Contracting Officer: DOROTHY A. COLEMAN

(210) 671-6083 dorothy.coleman@us.af.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

mailto:paul.kraus.1@us.af.mil mailto:paul.kraus.1@us.af.mil

Section H - Special Contract Requirements

LOCAL REQUIREMENTS

JOINT BASE SAN ANTONIO (JBSA) REQUIREMENTS

Smoking in AETC Facilities. Contractors are advised that the Commander has placed restrictions on the smoking of tobacco products in AETC facilities. AFI 40-102, Tobacco Use in the Air Force, and its AETC Supplement I, outline the procedures used by the Commander to control smoking in facilities. Contractor employees and visitors are subject to the same restrictions as government personnel. Smoking is permitted only in designated smoking areas.

Utilities Conservation. The contractor will be required to participate in government energy conservation programs.

For the purpose of this contract, utilities such as water, electricity, etc., will be furnished by the government at no cost to the contractor. Long distance and Defense Switched Network (DSN) telephone services will not be provided.

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

Inspection and Acceptance. 502D Civil Engineer Squadron (CES) is designated as the office responsible for inspecting the work while the Contracting Officer (CO) is responsible for final acceptance of the work.

Cell Phone Usage. Contractors are advised that cellular telephone usage when approaching and entering any installation entry gate, driving on the installation or exiting JBSA is prohibited. The 502D Security Forces Squadron

(SFS) is strictly enforcing those found in violation and are subject to be ticketed.

JBSA Traffic Code. The following Traffic Codes will be enforced and apply to all personnel operating vehicles

Joint Base San Antonio (JBSA). They are extracted from Air Force Manual 31-116, Joint Base San Antonio

Supplement; 27 August 2015. For a complete listing of all JBSA Traffic Codes and all other aaplicable traffic policies and procedures, please contact the Contracting Office for a copy of Air Force Manual 31-116 entitled Air

Force Motor Vehicle Traffic Suppervision.

Quiet Hours. The quiet hours on JBSA housing and dormitory areas are between 2200-0600 daily.

Quiet Zones. All motor vehicles, including automobiles, trucks, motorcycles, and off-road vehicles (ORV) are prohibited from being operated in the on base residential areas, in sch a manner as to create a disturbance of the peace. Accelerating a vehicle in such a manner as to cause a loud or unusual noise, or exhibtion of speed, is prohibited. Offensive music or similar offensive audio (cursing, racial, or sexual slurs) noise emmanting from a vehicle at any distance is prohibited. The vehicle operator will be identified and AF Form 3545 will be accomplished and, if necessary, the vehicle operator will be apprehended.

Civilian traffic offenders will be issued the DD Form 1805*, except when the offender is operating a GOV.

Issuance of DD 1805, United Sated District Court Violation Notice.

Hours of Work. The normal duty hours of work on JBSA are from 07:30 a.m. to 4:30 p.m., Monday thru Friday excluding holidays. The lunch period for the contractor requiring escorts is from 11:30a.m. to 12:30p.m. Access to work sites may be restricted to these hours and days. For work during other than normal duty hours, the contractor shall submit in writing for the Contracting Officer’s approval , a notice of any period of scheduled work at times other than normal duty hours for work specified above. This notice shall be submitted no less than three (3) workdays prior to each period of work scheduled at times other than normal duty hours of work including Federal

Holidays.

Fire Safety Guidance. The contractor will be required to comply with the Fire Prevention Program regulations/guidance of the military installation to be serviced under this contract. The name(s) of the installation(s), the applicable regulation/title, and the point(s) of contact where the regulations/guidance may be reviewed are listed below:

Name of Installation: Joint Base San Antonio, Texas

Title: Fire Safety Guidance, 502 CES/CEF

Date: 08 Aug 2014

POC: Michael A. Guzman, Assistance Fire Chief of Fire Prevention Division; (210) 671-2921; OR

JBSA – Ft Sam Houston Fire Prevention; (210) 221-2727

JBSA – Lackland Fire Prevention; (210) 671-2921

JBSA – Randolph Fire Prevention; (210) 652-6915

Technical Representatives. 502D CES/CEPMD is designated as the technical representative to ensure project progression, workmanship, and inspection of materials for work being performed under this contract. This clause in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms and conditions of the contract.

Recording and Preserving Historical and Archeological Finds. All items having any apparent historical and archeological interest which are discovered in the course of any construction activities shall be carefully preserved.

The contractor shall leave the archeological find undisturbed and shall immediately report the find to the Contracting

Officer.

Field Changes. The contractor and the government may agree to perform a no cost field change. Field changes are made when the change appears to be mutally beneficial to all parties and would not require changing the negotiated items. All field changes must be approved by the Contracting Officer prior to execution.

502D CES/CEV HAZMART. The awardee will be required to register prior to performance with the 502 CES/CEA

HAZMART. The contractor shall obtain the contractor authorization worksheet from 502 CES HAZMART. (210-

671-0333 Bldg 5595) This is to be accomplished immediately after receipt of award or Notice of Award. The contractor shall provide an inventory and MSDS of all HAZMAT to be used or stored on JBSA prior to beginning performance. The contractor shall submit a monthly usage report for all HAZMAT consumed during the preceding month to 502 CES/CEA HAZMART by the fifth work day of the subsequent month.

(End)

AVAILABILITY OF FUNDS

Funds are not presently available for this effort. No award will 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 for receipt of proposal. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for and costs.

Section I - Contract Clauses

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

52.204-2 Security Requirements AUG 1996

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

JUL 2013

52.204-13 System for Award Management Maintenance JUL 2013

52.204-16 Commercial and Government Entity Code Reporting JUL 2015

52.204-18 Commercial and Government Entity Code Maintenance JUL 2015

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

AUG 2013

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

DEC 2014

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004

52.215-2 Audit and Records--Negotiation OCT 2010

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.215-13 Subcontractor 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

52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

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

52.222-25 Affirmative Action Compliance APR 1984

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 JUL 2014

52.222-37 Employment Reports on Veterans JUL 2014

52.222-38 Compliance With Veterans' Employment Reporting

Requirements

SEP 2010

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 AUG 2013

52.222-55 Minimum Wages Under Executive Order 13658 DEC 2014

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-10 Waste Reduction Program MAY 2011

52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007

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

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

DEC 2012

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

52.232-16 Progress Payments APR 2012

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 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

APR 1984

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 APR 2015

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering-Construction OCT 2010

52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

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

Price)

APR 2012

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

52.253-1 Computer Generated Forms JAN 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

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.203-7998 (Dev) Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements—Representation.

(DEVIATION 2015-O0010)

FEB 2015

252.203-7999 (Dev) Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements. (DEVIATION 2015-

O0010)

FEB 2015

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

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

The Government of a Country that is a State Sponsor of

Terrorism

DEC 2014

252.209-7008 Notice of Prohibition Relating to Organizational Conflict of

Interest--Major Defense Acquisition Program

DEC 2010

252.223-7004 Drug Free Work Force SEP 1988

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.227-7022 Government Rights (Unlimited) MAR 1979

252.227-7023 Drawings and Other Data to become Property of Government MAR 1979

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

252.236-7013 Requirement for Competition Opportunity for American Steel

Producers, Fabricators, and Manufacturers

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.247-7023 Transportation of Supplies by Sea APR 2014

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (JULY 2013)

(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 posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

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

https://www.acquisition.gov/

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of

Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also 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) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of

Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance

Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

47.8% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract

Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to

Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract

Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Texas, Bexar

County, San Antonio.

(End of provision)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41

CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal

Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

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.

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-

9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the

Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph

(b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR

52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

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.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the…