Solicitation FA4417-11-R-0019 Civil Works IDIQ.pdf
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- Civil Works Indefinite Delivery Indefinite Quantity contract
- Enter prices in Section B, use TYPEWRITER or BLACK INK.
- THIS ACQUISITION IS RESTRICTED TO 100% TOTAL SMALL BUSINESS SET-ASIDE
- The guaranteed minimum for the life of the contract is $25,000, payable the f irst year of the contract. The maximum amount for the life of the contract shall not exceed $25,159,594.24.
- This solicitation w ill be aw arded in accordance w ith FAR Part 15, Contracting by Negotiations. Your attention is directed to Sections L and M for proposal preparation.
- DISCUSSION OF OFFER: The government may aw ard a contract based solely on initial offers received, w ithout discussions of such offer.
Accordingly, each initial offer should be submitted on the most favorable terms from both a price and technical standpoint.
SEE CONTINUATION PAGE FOR ADDITIONAL BLOCK 10 INFORMATION.
MARY E HALLMON 850-884-2169
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
03-Jun-2011
(RFP)
(IFB)
X
CALL:
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 w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, 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 w ork required are due at the place specif ied in Item 8 by ___________ local time ______________05 Jul 2011 (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 is, X is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
1 SOCONS
350 TULLY ST
HURLBURT FIELD FL 32544-5810
FA4417
PAGE OF PAGES
1 OF
CODE FA4417
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour)
Sealed envelopes containing offers
1 SOCONS
350 TULLY ST
HURLBURT FIELD FL 32544-5810
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
850-884-2041FAX:TEL: 850-884-2169 TEL: 850-884-2169 FAX: 850-884-2041
FA4417-11-R-0019 51
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued)
(Construction, Alteration, or Repair)
CODE FACILITY CODE
17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified)
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print)
TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
FA4417-11-R-0019
Section A - Solicitation/Contract Form
BLOCK 10 CONTINUATION
- All offerors MUST complete the Online Representations and Certifications Application (ORCA) @ https://orca.bpn.gov/. Failure to complete all required Representations and Certifications will make your proposal ineligible for award.
- NAICS Code: 237310 Size Standard: $33,500,000
- ENTER CONTRACTOR DUNS NO. ______________________
- ENTER CONTRACTOR CAGE CODE: _______________________
- A PRE-PROPOSAL MEETING HAS BEEN SCHEDULED FOR 14 Jun 2011 at 1000 AM LOCAL TIME AT
THE 1ST SPECIAL OPERATIONS CONTRACTING SQUADRON, 350 TULLY ST, HURLBURT FIELD, FL
32544. E-mail or fax written request with the name of those who will attend the meeting to Mary Hallmon, Contract
Specialist, e-mail mary.hallmon@hurlburt.af.mil and Tina Kneip, Contracting Officer, email tina.kneip@hurlburt.af.mil. Requests must be received by 13 Jun 2011 at 9:00 AM local time. You must enter the base from the main gate (off HWY 98). Please allow extra time to obtain your pass.
- Block 11 of the SF1442: The number of days for the start of performance periods and completion dates shall be determined in individual task orders with the issuance of Notice to Proceeds.
- SUBMISSION OF PROPOSALS. Questions regarding this solicitation must be submitted in writing in Word format to the individuals listed above no later than close of business 5 calendar days after the site visit.
- SUBMISSION OF PROPOSALS. Offerors are responsible for submitting proposals so as to reach the Government office designated in the solicitation by the date/time specified. Personnel requiring access to Hurlburt Field for the purpose of delivering a proposal must fax or email a written request containing the company time and the name of the person(s) requiring access to Mary Hallmon, Contract Specialist, email mary.hallmon@hurlburt.af.mil and Tina
Kneip, Contracting Officer at tina.kneip@hurlburt.af.mil. Requests must be received NLT 72 hours prior to the date and time established for receipt of proposals. You must enter the base from the main gate (off HWY 98). Please allow extra time to obtain your pass.
-VALID ID: For either meetings, site visits and/or submission of proposals, all personnel requesting access to
Hurlburt Field must possess a valid State or Government picture identification card. Personnel requesting vehicle access to Hurlburt Field must provide a valid driver's license, current vehicle registration, and valid vehicle insurance certificate.
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 1 Lump
Sum
Civil Works - Basic Year
FFP
The work consists of, but not limited to, repair, replacement, and minor construction of base pavements, water distribution systems, wastewater distribution systems, and other related work at Hurlburt Field, FL in accordance with the attached specifications and drawings.
NOTE: The Line Item Cost shall come from Attachment 1, "Bid Schedule"
Period of Performance: 1 Aug 2011 - 31 Jul 2012
FOB: Destination
SIGNAL CODE: A
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
1001 1 Lump
OPTION Civil Works - Option Year 1
The work consists of, but not limited to, repair, replacement, and minor construction of base pavements, water distribution systems, wastewater
Period of Performance: 1 Aug 2012 - 31 Jul 2013
UNIT UNIT PRICE MAX AMOUNT
2001 1 Lump
OPTION Civil Works - Option Year 2
The work consists of, but not limited to, repair, replacement, and minor construction of base pavements, water distribution systems, wastewater
Period of Performance: 1 Aug 2013 - 31 Jul 2014
UNIT UNIT PRICE MAX AMOUNT
3001 1 Lump
OPTION Civil Works - Option Year 3
The work consists of, but not limited to, repair, replacement, and minor construction of base pavements, water distribution systems, wastewater
Period of Performance: 1 Aug 2014 - 31 Jul 2015
UNIT UNIT PRICE MAX AMOUNT
4001 1 Lump
OPTION Civil Works - Option Year 4
The work consists of, but not limited to, repair, replacement, and minor construction of base pavements, water distribution systems, wastewater
Period of Performance: 1 Aug 2015 - 31 Jul 2016
Section E - Inspection and Acceptance
CLAUSES INCORPORATED BY REFERENCE
52.246-12 Inspection of Construction AUG 1996
52.246-13 Inspection--Dismantling, Demolition, or Removal of
Improvements
AUG 1996
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 01-AUG-2011 TO
31-JUL-2012
N/A 1SOCES
DAVID K. CUTSHAW
415 INDEPENDENCE RD
HURLBURT FIELD FL 32544-5267
850-884-4488
F2F323
1001 POP 01-AUG-2012 TO
31-JUL-2013
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-AUG-2013 TO
31-JUL-2014
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-AUG-2014 TO
31-JUL-2015
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-AUG-2015 TO
31-JUL-2016
N/A (SAME AS PREVIOUS LOCATION)
52.247-34 F.O.B. Destination NOV 1991
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 (the commencement of work timeframe identified on each task order) 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 the (period of performance identified on each Task Order). The time stated for completion shall include final cleanup of the premises.
(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 $157.70 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 H - Special Contract Requirements
HF004 REQUIRED INSURANCE (IAW FAR 28.306(b))
Reference FAR clause entitled ―Insurance...‖ the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract. The Contractor will have the option to complete a form entitled ―Notification of Compliance with Contract Insurance Requirements‖ that will be provided by the Government at time of award, or to submit an insurance certificate before any work commences on the installation.
a. Workman’s Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a state which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such state will be satisfactory. The required Workmen’s compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational diseases with a minimum liability limit of $100,000.00.
b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000.00 per occurrence shall be required on the comprehensive form of policy.
c. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobile used in connection with the performance of the contract. At least the minimum limits of $200,000.00 per person and
$500,000.00 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.
HF005 EXCLUSION OF PAYMENT FOR MATERIALS STORED ON SITE
Payment in advance of installation, for materials stored on site, will not be considered under this contract.
HF009 DESIGNATION OF GOVERNMENT INSPECTOR
The Base Civil Engineer (or his/her authorized representative) is designated as the representative of the Contracting
Officer for purpose of serving as the Government's Construction Contract Inspector (CCI). This includes performing technical surveillance, including workmanship, and ensuring compliance with the plans and specifications under this contract. This provision in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of this contract.
HF010 PREPARATION OF MATERIAL APPROVAL SUBMITTALS
Submittals contemplated by the clause herein entitled "Material and Workmanship" shall be accomplished on and in accordance with instructions pertaining to AF Form 3000 (Material Approval Submittal).
HF011 PREPARATION OF SCHEDULE FOR CONSTRUCTION CONTRACTS
The reports contemplated by clause entitled "Schedule for Construction Contracts" shall be accomplished on and in accordance with instructions pertaining to AF Form 3064 (Contract Progress Schedule) and AF Form 3065 (Contract
Progress Report).
HF012 POST-AWARD/PRE-PERFORMANCE CONFERENCE
A Pre-Performance Conference shall be conducted in accordance with FAR 52.236-26 (IAW FAR 36.522).
HF015 TELEPHONE COMSEC MONITORING
All communications with DOD organizations are subject to COMSEC review. Contractor personnel will be aware that telecommunications networks are continually subject to intercept by unfriendly intelligence organizations. The
DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from or terminating at DOD organizations. Therefore, civilian contractor personnel are advised that any time they place a call to or receive a call from a military organization, they are subject to COMSEC procedures. The contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with official DOD information.
HF016 AVAILABILITY OF UTILITIES SERVICES
Notwithstanding provisions of Contract Clause, FAR 52.236-14, "AVAILABILITY AND USE OF UTILITY
SERVICES," reasonable required amounts of water, gas, electricity, etc., essential to contract performance, will be made available at no cost to the contractor from existing systems, outlets, and supplies. Temporary connections, outlets, and distribution lines as required shall be installed by the contractor at his own expense.
HF017 VEHICLE OPERATION AND REGISTRATION
The prime contractor is responsible for all employees or sub-contracting employees performing duties on the Air
Force installation cited in the contract. The contractor shall obtain base identification and a vehicle pass for all contractor personnel who make frequent visits to or perform work while on the Air Force installation cited in the contract. Upon receipt of award, the contractor will be provided a letter signed by the Contracting Officer to be taken to the Pass and Registration section to obtain a visitor pass.
HF018 HOURS OF WORK
Normal hours of work on Hurlburt Field are 7:00 AM to 4:00 PM (CST), Monday through Friday, excluding holidays. Access to work sites is restricted to these hours and days unless otherwise approved by the Contracting
Officer three (3) workdays in advance.
HF019 INSTALLATION RULES AND REGULATIONS
Rules and regulations of Hurlburt Field apply to all contractors and their employees. Regulations include, but are not limited to, presenting valid picture identification for base entrance, obtaining and using vehicle passes for all contractor-owned and/or privately owned vehicles, obeying all posted directives, and strictly adhering to security police direction where security police have been dispatched to a particular location.
HF020 HURRICANE SEASON
Hurricane season for the state of Florida is normally the period from 1 June through 30 November. During an actual hurricane condition, you may be contacted by this office and requested to secure equipment and clean up your work area. In accordance with contracts clauses FAR 52.236-9 and FAR 52.236-12, you are required to maintain your work area free of debris and in a safe and secure condition at the completion of each workday, with particular care during the hurricane season.
HF029 WORK BY THE GOVERNMENT OR OTHERS
The government reserves the right to undertake performance by government forces or other contractors the same type or similar work as the government deems necessary or desirable and to do so will not breach or otherwise violate this contract.
HF037 WIDE AREA WORK FLOW DODAAC AND EMAIL DISTRIBUTION TABLE
DFARS 252.232-7003 Electronic Submission of Payment Requests applies to this contract.
USE OF WAWF IS MANDATORY – Requests for payment shall be processed electronically via the Wide Area
Work Flow (WAWF) system. There are no charges or fees to use WAWF. If you are not currently registered with
WAWF, contact the WAWF Help Desk at 1-866-618-5988 or 1-801-605-7095. Web Based Training is located at http://www.wawftraining.com/ and a live training database is located at https://wawftraining.eb.mil/. For specific questions, contact your administrator listed on the front of this contract.
Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Limestone at
1-800-390-5620 or faxed to 1-866-392-7091. You must have your contract number and invoice number ready when inquiring about payment status. Payment information can also be accessed at the DFAS web site:
http://www.dfas.mil.
The following codes will be required to route your invoices and emails through WAWF.
CAGE CODE:
ISSUE DODAAC: FA4417
ADMIN DODAAC: FA4417
http://www.wawftraining.com/ https://wawftraining.eb.mil/ http://www.dfas.mil/
INSPECT BY DODAAC: F2F332
SERVICE ACCEPTOR: F2F332
SHIP-TO CODE: F2F323
PAY DODAAC: F67100
FSC CODE: Y222
EMAIL POINT OF CONTACT LISTING: (Send emails to the following personnel):
SERVICE ACCEPTOR: tina.kneip@hurlburt.af.mil
CONTRACT ADMINISTRATOR: mary.hallmon@hurlburt.af.mil
CONTRACTING OFFICER: tina.kneip@hurlburt.af.mil
ADDITIONAL CONTACTS: randall.powell@hurlburt.af.mil
TYPE OF INVOICE: Recommend using the type of invoice indicated with "X" below:
__ Invoice as 2-in-1 (Recommended for Services)
__ Invoice and Receiving Report (Combo) (Recommended for Supplies)
__ Invoice Only
X Construction (NOTE: Invoices to be submitted only AFTER receipt of approved AF Form 3065, Contract Progress Report)
HF038 BASE RECYCLE PROGRAM
The contractor shall support and comply with all requirements of the Hurlburt Field Qualified Recycling Program
(QRP). The following instruction outlines procedures for the collection and handling of applicable recyclable materials:
Hurlburt Field Instruction (HFI) 32-7002 ―Qualified Recycling Program‖ dated 1 May 2002 – contact
1SOCES/CEV, 884-7964 for current copy
PROCESSING APPROVAL AND REPORTING USAGE OF HAZARDOUS MATERIALS ON HURLBURT
FIELD
Contractor shall comply with ALL rules and regulations for processing/using hazardous materials on Hurlburt Field, FL. The following regulations are applicable:
Air Force Instruction (AFI) 32-7086 ―Hazardous Materials Management‖ dated 1 Nov 2004
Download at: http://www.e-publishing.af.mil/pubfiles/af/32/afi32-7086/afi32-7086.pdf
HF042 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (JUN 08)
(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) Contractors will be required to complete the following forms (to be provided at the pre-performance conference) in order for employees to gain access to the installation:
(1) Contractor Employee Listing
(2) Hurlburt Field Contractor Access Badge Affidavit (CAB)
(3) Department of Homeland Security Form I-9 (DHS I-9)
(i) The Contractor Employee List. This form must list every employee requiring access. Every time employees change, it must be updated to reflect additions and/or deletions. Identify those individuals you wish to have escort authority by including the word ―escort‖ next to their names. Limit the number of individuals designated as escorts to a reasonable number (i.e. one or two). For work locations please use building numbers or areas (i.e.
Bldg 90618 or Red Horse, AMMO Area, etc.). Once completed, email the list to the Contracting Office representative in EXCEL or WORD format. The Contracting Officer will then prepare and attach a cover letter, and forward the Employee List to the Visitor Control Center.
(ii) Upon notification that your employee list has been forwarded to the Visitor Control Center, the other two forms (DHS I-9 & CAB) must be completed and hand carried to the Visitor Control Center by the employee. If everything is in order, they will receive a contractor badge. If an employee will be driving on Hurlburt Field they are required to provide a valid driver’s license, vehicle registration, and proof of insurance. NOTE: The section of the
Visitor Control Center administrating this function is closed after 1400 (2:00 p.m.), therefore, employees must arrive prior to this time in order for their documentation to be processed.
(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, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel
Security Program Management, 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) http://www.e-publishing.af.mil/search.asp?keyword=AFI+31-101&Go.x=8&Go.y=10 http://www.e-publishing.af.mil/pubfiles/af/31/afi31-501/afi31-501.pdf
Section I - Contract Clauses
52.202-1 Definitions JUL 2004
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees APR 1984
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures OCT 2010
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
JAN 1997
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000
52.204-7 Central Contractor Registration APR 2008
52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
DEC 2010
52.215-2 Audit and Records--Negotiation OCT 2010
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.215-21 Requirements for Certified Cost or Pricing Data or
Information Other Than Certified Cost or Pricing Data--
Modifications
OCT 2010
52.216-4 Economic Price Adjustment-Labor and Material JAN 1997
52.219-8 Utilization of Small Business Concerns DEC 2010
52.219-14 Limitations On Subcontracting DEC 1996
52.219-28 Post-Award Small Business Program Rerepresentation APR 2009
52.222-1 Notice To The Government Of Labor Disputes FEB 1997
52.222-3 Convict Labor JUN 2003
52.222-4 Contract Work Hours and Safety Standards Act - Overtime
Compensation
JUL 2005
52.222-6 Davis Bacon Act JUL 2005
52.222-7 Withholding of Funds FEB 1988
52.222-8 Payrolls and Basic Records JUN 2010
52.222-9 Apprentices and Trainees JUL 2005
52.222-10 Compliance with Copeland Act Requirements FEB 1988
52.222-11 Subcontracts (Labor Standards) JUL 2005
52.222-12 Contract Termination-Debarment FEB 1988
52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988
52.222-14 Disputes Concerning Labor Standards FEB 1988
52.222-15 Certification of Eligibility FEB 1988
52.222-21 Prohibition Of Segregated Facilities FEB 1999
52.222-26 Equal Opportunity MAR 2007
52.222-27 Affirmative Action Compliance Requirements for
Construction
FEB 1999
52.222-30 Davis-Bacon Act--Price Adjustment (None or Separately
Specified Method)
DEC 2001
52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans
SEP 2010
52.222-36 Affirmative Action For Workers With Disabilities OCT 2010
52.222-37 Employment Reports on Veterans SEP 2010
52.222-50 Combating Trafficking in Persons FEB 2009
52.222-54 Employment Eligibility Verification JAN 2009
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
DEC 2007
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997
52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003
52.223-6 Drug-Free Workplace MAY 2001
52.223-14 Toxic Chemical Release Reporting AUG 2003
52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
MAY 2008
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-1 Authorization and Consent DEC 2007
52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.227-4 Patent Indemnity-Construction Contracts DEC 2007
52.228-2 Additional Bond Security OCT 1997
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.228-11 Pledges Of Assets SEP 2009
52.228-12 Prospective Subcontractor Requests for Bonds OCT 1995
52.228-14 Irrevocable Letter of Credit DEC 1999
52.228-15 Performance and Payment Bonds--Construction OCT 2010
52.229-3 Federal, State And Local Taxes APR 2003
52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002
52.232-17 Interest OCT 2010
52.232-18 Availability Of Funds APR 1984
52.232-23 Assignment Of Claims JAN 1986
52.232-27 Prompt Payment for Construction Contracts OCT 2008
52.232-33 Payment by Electronic Funds Transfer--Central Contractor
Registration
OCT 2003
52.233-1 Disputes JUL 2002
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.236-2 Differing Site Conditions APR 1984
52.236-3 Site Investigation and Conditions Affecting the Work APR 1984
52.236-5 Material and Workmanship APR 1984
52.236-6 Superintendence by the Contractor APR 1984
52.236-7 Permits and Responsibilities NOV 1991
52.236-8 Other Contracts APR 1984
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984
52.236-11 Use and Possession Prior to Completion APR 1984
52.236-12 Cleaning Up APR 1984
52.236-13 Accident Prevention NOV 1991
52.236-14 Availability and Use of Utility Services APR 1984
52.236-15 Schedules for Construction Contracts APR 1984
52.236-17 Layout of Work APR 1984
52.236-21 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 DEC 2010
52.246-21 Warranty of Construction MAR 1994
52.248-3 Value Engineering-Construction OCT 2010
52.249-2 Alt I Termination for Convenience of the Government (Fixed-
Price) (May 2004) - Alternate I
SEP 1996
52.249-10 Default (Fixed-Price Construction) APR 1984
52.253-1 Computer Generated Forms JAN 1991
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-
Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007
252.204-7006 Billing Instructions OCT 2005
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Terrorist Country
DEC 2006
252.223-7001 Hazard Warning Labels DEC 1991
252.223-7006 Prohibition On Storage And Disposal Of Toxic And
Hazardous Materials
APR 1993
252.225-7012 Preference For Certain Domestic Commodities JUN 2010
252.227-7033 Rights in Shop Drawings APR 1966
252.231-7000 Supplemental Cost Principles DEC 1991
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
MAR 2008
252.232-7010 Levies on Contract Payments DEC 2006
252.236-7000 Modification Proposals-Price Breakdown DEC 1991
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment MAR 1998
252.244-7000 Subcontracts for Commercial Items and Commercial
Components (DoD Contracts)
NOV 2010
252.247-7023 Transportation of Supplies by Sea MAY 2002
252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
(a) The Contractor shall make the following notifications in writing:
(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the
Administrative Contracting Officer (ACO) within 30 days.
(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.
(b) The Contractor shall--
(1) Maintain current, accurate, and complete inventory records of assets and their costs;
(2) Provide the ACO or designated representative ready access to the records upon request;
(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and
(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.
The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).
52.216-18 ORDERING. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract award through contract expiration period.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the
Schedule.
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $1,000,000.00.
(2) Any order for a combination of items in excess of $1,000,000.00; or
(3) A series of orders from the same ordering office within 30 calendar days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the
Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and
Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 120 days of any task order issued within the performance period of the base year or exercised option year.
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least
60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and
Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the
Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in
ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 237310- assigned to contract number .
(Contractor to sign and date and insert authorized signer's name and title).
52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-
DESIGNATED ITEMS (MAY 2008)
Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of ―recovered material.‖
Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall--
(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and
(2) Submit this estimate to
1st Special Operations Contracting Squadron.
350 Tully Street
Hurlburt Field, FL 32544
52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010)
Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply (including construction material) that is--
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.
Component means an article, material, or supply incorporated directly into a construction material.
Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.
Materials purchased directly by the Government are supplies, not construction material.
Cost of components means--
(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 the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
(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 Act applies and the
Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the
Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
Construction material description Unit of measure Quantity Price (dollars) \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.
52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (SEP
2010)
Caribbean Basin country construction material means a construction material that--
(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into…
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