FA4460-14-R-0004_IDIQ_Civil_Works_Solicitation.pdf
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THE TOTAL AGGREGATE AMOUNT EXPENDABLE UNDER THE AWARD SHALL NOT EXCEED $7,500,000.00 FOR BASE PERIOD AND ALL
OPTION PERIODS. PROJECT MAGNITUDE FOR INTIAL / OR FIRST DELIVERY ORDER IS BETWEEN $25,000.00 AND $100,000.00. THE
GUARANTEED MINIMUM AMOUNT OVER THE LIFE OF THIS CONTRACT IS $2,000.00
A PRE-PROPOSAL CONFERENCE/SITE VISIT IS SCHEDULED AND WILL INCLUDE A VISIT TO THE PROJECT LOCATION. SEE SECTION L, INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS FOR DATES/TIMES.
NOTICE TO OFFERORS: FUNDS ARE NOT PRESENTLY AVAIALBLE FOR THE INTIAL DELIVERY ORDER PROJECT. NO AWARD WILL BE MADE
UNDER THIS SOLICITATION UNTIL FUNDS ARE AVAILABLE. THE GOVERNMENT RESERVES THE RIGHT TO CANCEL THIS SOLICITATION/RFP
EITHER BEFORE OR AFTER THE CLOSING DATE.
PERFORMANCE AND PAYMENTS BONDS ARE REQUIRED PER DELIVERY ORDER THAT IS $30,000.00 AND ABOVE AS OUTLINED IN FAR
52.225-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION
CONTRACT PERFORMANCE PERIOD IS A BASE PERIOD PLUS TWO (2) ONE-YEAR OPTION PERIODS.
THIS ACQUISITION IS BEING SET ASIDE IAW FAR 19.13 AS A 100% HUBZONE SET-ASIDE. THE GOVERNMENT ANTICIPATES AWARD OF
ONE (1) CONTRACT. REFER TO SECTION I, 52.219-14 FOR LIMITATIONS ON SUBCONTRACTING.
RYAN M. HASELHUHN 987-3848
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
05-May-2014
(RFP)
(IFB)
X
CALL:
CIVIL WORKS IDIQ
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, X negotiable. (See _________________________SECTION F
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 ______________03 Jun 2014 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______120 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
19TH CONTRACTING SQUADRON - FA4460
642 THOMAS AVE
LITTLE ROCK AFB AR 72099
FA4460
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
01:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
NKAK 10-1100 (1-2)
8. ADDRESS OFFER TO (If Other Than Item 7)
501-987-8119FAX:TEL: 501-987-3303 TEL: FAX:
FA4460-14-R-0004 63
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
FA4460-14-R-0004
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 2,500,000 Lot Civil Works (BASE PERIOD)
FFP
The contractor shall provide all design, plant, labor, materials and equipment necessary to fully meet all requirements of this Summary of Work, Construction
Specifications, Construction Drawings and all other contract documents related to and/or titled: "IDIQ CIVIL WORKS, NKAK 10-1100 (1-2)".
Principle features of work consist of but are not limited to the following:
Multi tasked, GIS & As-Built Drawings
SWPPP implementation to LRAFB & ADEQ Standards
Demolition of Concrete, Asphalt & Various Structures
Concrete & Brick Work
Anti-Terrorism Force Protection Walls & Cables
Architectural Barriers Act (ABA) Ramps, Handrails, & Site Work
Exterior Electrical Lighting Service & Feeders
Site Work: Excavation to Grade, Grading, Compacting, various materials, clearing
& grubbing, selective tree cutting, & demolition
Landscape Establishment: topsoil, trees, sodding, seeding
Concrete Joint Sealant, Asphalt Construction, Asphalt Cold Milling
Asphalt Maintenance: Crack Sealant, Rejuvenation, Slurry Seal
Bollard Installation various types included lighted
Fence repair, demo, & new installation
Water & Gas Utility Line Adjustments; Valve, Meter, Hydrants Adjustments
AHTD Standards Roadway Construction
Roadway Maintenance of Traffic & Traffic Control Devices
LRAFB, AHTD, and FHWA Pavement Markings & Signage
Culvert Installation, Modifications, & Safety End Sections
Drop Inlet, Curb Inlet, Junction Box Repair, Adjustments, Installation &
Modifications
Underdrain Installation
Concrete Steps and Concrete Sidewalks
Traffic Detection Loop Installation and Repair
PHASING: Individual delivery orders may require that the project be completed in multiple phases in order to facilitate base operations.
FOB: Destination
NSN: Z2LB-00-000-0000
PROJECT: NKAK 10-1100
SIGNAL CODE: A
NET AMT
1001 2,500,000 Lot OPTION Civil Works (OPTION YEAR 1)
FFP
The contractor shall provide all design, plant, labor, materials and equipment necessary to fully meet all requirements of this Summary of Work, Construction
SWPPP implementation to LRAFB & ADEQ Standards
Demolition of Concrete, Asphalt & Various Structures
Concrete & Brick Work
Anti-Terrorism Force Protection Walls & Cables
Architectural Barriers Act (ABA) Ramps, Handrails, & Site Work
Exterior Electrical Lighting Service & Feeders
Site Work: Excavation to Grade, Grading, Compacting, various materials, clearing
& grubbing, selective tree cutting, & demolition
Landscape Establishment: topsoil, trees, sodding, seeding
Concrete Joint Sealant, Asphalt Construction, Asphalt Cold Milling
Asphalt Maintenance: Crack Sealant, Rejuvenation, Slurry Seal
Bollard Installation various types included lighted
Fence repair, demo, & new installation
Water & Gas Utility Line Adjustments; Valve, Meter, Hydrants Adjustments
AHTD Standards Roadway Construction
Roadway Maintenance of Traffic & Traffic Control Devices
LRAFB, AHTD, and FHWA Pavement Markings & Signage
Culvert Installation, Modifications, & Safety End Sections
Drop Inlet, Curb Inlet, Junction Box Repair, Adjustments, Installation &
Modifications
Underdrain Installation
FOB: Destination
NSN: Z2LB-00-000-0000
PROJECT: NKAK 10-1100-1
2001 2,500,000 Lot OPTION Civil Works (OPTION YEAR 2)
FFP
The contractor shall provide all design, plant, labor, materials and equipment necessary to fully meet all requirements of this Summary of Work, Construction
SWPPP implementation to LRAFB & ADEQ Standards
Demolition of Concrete, Asphalt & Various Structures
Concrete & Brick Work
Anti-Terrorism Force Protection Walls & Cables
Architectural Barriers Act (ABA) Ramps, Handrails, & Site Work
Exterior Electrical Lighting Service & Feeders
Site Work: Excavation to Grade, Grading, Compacting, various materials, clearing
& grubbing, selective tree cutting, & demolition
Landscape Establishment: topsoil, trees, sodding, seeding
Concrete Joint Sealant, Asphalt Construction, Asphalt Cold Milling
Asphalt Maintenance: Crack Sealant, Rejuvenation, Slurry Seal
Bollard Installation various types included lighted
Fence repair, demo, & new installation
Water & Gas Utility Line Adjustments; Valve, Meter, Hydrants Adjustments
AHTD Standards Roadway Construction
Roadway Maintenance of Traffic & Traffic Control Devices
LRAFB, AHTD, and FHWA Pavement Markings & Signage
Culvert Installation, Modifications, & Safety End Sections
Drop Inlet, Curb Inlet, Junction Box Repair, Adjustments, Installation &
Modifications
Underdrain Installation
FOB: Destination
NSN: Z2LB-00-000-0000
PROJECT: NKAK 10-1100-2
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
2,000.00 $2,000.00 7,500,000.00 $7,500,000.00
DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE
The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each
Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
2,000.00 $2,000.00 7,500,000.00 $7,500,000.00
CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE
The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.
CLIN
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
Section C - Descriptions and Specifications
LOCATION OF SPECIFICATIONS
Please see SECTION J of this solicitation/contract to find a listing of all attached documents to include specifications
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
1001 Destination Government Destination Government
2001 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-12 Inspection of Construction AUG 1996
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 15-JUL-2014 TO
30-JUN-2015
N/A 19 CES/CERF - F2S3CZ
DIANNE PRIDDY
536 THOMAS AVENUE RM 600
LITTLE ROCK AFB AR 72099
501-987-7679
FOB: Destination
F2S3CZ
1001 POP 01-JUL-2015 TO
30-JUN-2016
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-JUL-2016 TO
30-JUN-2017
N/A (SAME AS PREVIOUS LOCATION)
52.211-13 Time Extensions SEP 2000
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 * (See note below) 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 * (See note below). The time stated for completion shall include final cleanup of the premises.
*Note: Performance period to be negotiated on individual delivery orders.
(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 $236.00 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 MATTERS
1. ADMINISTRATIVE MATTERS
ADDRESS:
19th Contracting Squadron
19 CONS/LGCA
642 Thomas Avenue
Little Rock AFB, AR 72099-4971
CONTRACTOR’S CONTRACT ADMINISTRATION
To Be Completed By The Contractor:
Name and Title:
Responsible Office:
Address:
Telephone Number:
Email:
Cage Code:
Duns Number:
Tax Identification Number:
INDIVIDUAL(S) AUTHORIZED TO NEGOTIATE OR DISCUSS PROPOSAL
Name of Primary: Name of Alternate:
Address: Address:
Telephone #: Telephone #:
Alternate #: Alternate #:
Fax No: Fax No:
Email: Email:
WIDE AREA WORKFLOW RECEIPTS AND ACCEPTANCE (WAWF-RA)
Introduction
The Department of Defense (DoD) initiated WAWF-RA to eliminate paper transactions from the contracting process. The purpose of WAWF-RA is to enable vendors and government officials to electronically access and process the documentation needed to generate payment for goods and services. Once your computer is set-up, registration, and training are completed, invoices will be created and processed in WAWF-RA. WAWF-RA is mandated by DoD Federal Acquisition Regulation Supplement clause 252.232-7003 "Electronic Submission of
Payment Requests", dated March 2008, which is incorporated in this contract. The following information will help you get started.
Setting Up Your Computer
To set up your computer go to https://wawf.eb.mil and select the hyperlink on the left-hand side of the page entitled
“About WAWF-RA”. An expanded list will appear. Select "Setting Up Your Machine". This page will list all computer, software, and security requirements. All necessary programs can be downloaded from this page. Your computer must be configured properly to use WAWF-RA. Once your computer is set up you may proceed to the registration process.
Registration
For help with the registration process go to https://wawf.eb.mil and select the hyperlink "Help with registration for access to WAWF-RA" in the center of your screen. On the next page go towards the bottom and select the hyperlink under the "Vendors" section. Be sure to list an Electronic Business Point of Contact in the Central Contractor
Registry. This information must be current to process an invoice in WAWF-RA and can be updated by going to www.ccr.gov. Once you are ready to register go to https://wawf.eb.mil and select the hyperlink "Self Register to use WAWF-RA (New users)*" then follow the directions. Upon activation of your account, usually within 2 business days, you will receive notification via email. Prior to logging on to WAWF-RA, users are strongly encouraged to complete the computer-based training.
Training
Training can be accessed by going to http://www.wawftraining.com/. Be sure that your computer meets the minimum requirements listed on this page. Users must register prior to starting the training. This registration is separate from the registration process for the WAWF-RA system. Be aware that this computer-based training is made for all users of WAWF-RA, not just vendors, so be sure to focus on the vendor portion of the training. Once training is completed users may begin to use the system.
Invoice Processing
When creating an invoice, be sure to select the “Construction Payment Invoice” document type, not the “Invoice” or
“Invoice as 2 in 1 (Services and A&E’s Only) type. For construction contract the following must be attached:
Contract Progress report AF Form 3065, HAZMAT Usage Report and Construction Contract Debris Report. Once the proper document type is selected, you will be asked to indicate the location for inspection and acceptance. Both must be coded as “Destination.”
THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR INVOICES AND ADDITIONAL
EMAILS CORRECTLY THROUGH WAWF. CONTRACT NUMBER: See Block 4 of the Standard Form 1442.
If this is a delivery order, be sure to list the contract number from Block 1 and the order number from Block 2 of the
DD Form 1155 when creating the invoice document.
THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR INVOICES AND ADDITIONAL
EMAILS CORRECTLY THROUGH WAWF.
PAY OFFICE DODAAC: F87700
ISSUE BY DODAAC: FA4460
ADMIN DODAAC: FA4460
SHIP TO CODE (BPN): FA4460
INVOICE DATE: Must be date input into WAWF
Assistance may be obtained from the Defense Information Systems Agency (WESTHEM) at:
Toll Free: 1-866-618-5988
Email: cscassig@ogden.disa.mil (be sure to reference "WAWF" in email subject line).
Should you need additional assistance, contact your point of contact at the 19 th
Contracting Squadron.
Section H - Special Contract Requirements
5352.242-9000 Contractor Access to Air Force Installations (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and a signed Base Entry Authorization Letter from 19th Contracting Squadron [to obtain a vehicle and/or individual base pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101 Vol 1, Integrated Defense, and AFI 31-501, Personnel Security Program Management, 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.
** PLEASE NOTE: CONTRACTORS AND VISITORS WILL BE DENIED ENTRY TO THE INSTALLATION
BASED ON ACTIVE WANTS OR WARRANTS, AND PERSONS IDENTIFIED AS ABSCONDERS AND ALL
REGISTERED SEX OFFENDERS. INDIVIDUALS WILL BE DETAINED AND TURNED OVER TO CIVIL
AUTHORITIES. ANY PERSONS CONVICTED OF A FELONY WITHIN THE LAST 10 YEARS AND ALL
REGISTERED SEX OFFENDERS WILL BE DENIED ENTRY TO THE INSTALLATION. **
Smoking in Air Force Facilities
Contractors are advised that the Commander has placed restrictions on the smoking of tobacco products in Air Force facilities. AFI 40-102, Tobacco Use in the Air Force outlines the procedures used by the commander to control smoking in our facilities. Contractor employees and visitors are subject to the same restrictions as government personnel. Smoking is permitted only in designated smoking areas.
Availability of Utilities Services
Notwithstanding the provisions of contract clause FAR 52.236-14, Availability and Use of Utility Services, all reasonable required amounts of water, gas, electricity, etc., essential to contract performance shall be made available, at no cost to the contractor, from existing systems, outlets, and supplies. All temporary connections, outlets, and distribution lines as may be required will be installed by the contractor at the contractor’s own expense.
Pre-performance Conference
Offerors/bidders are hereby advised that if they are awarded a contract as a result of this solicitation, they may be required to appear at the 19 th
Contracting Squadron, 642 Thomas Ave, Little Rock AFB, AR 72099-4971 to attend a pre-performance conference prior to commencement of any work on the military installation.
Utilities Conservation
The contractor will be required to participate in government energy conservation programs. For the purpose of this contract, the government at no cost will furnish utilities such as water, electricity, etc., to the contractor. Long distance and Defense Switched Network (DSN) telephone services will not be provided.
REQUIRED INSURANCE IAW FAR 28.306(b)
Reference FAR clause 52.228-5 entitled “Insurance...” the Contractor shall maintain the minimum insurance limits stated in FAR 28.307-2, at its own expense. The following kinds of insurance with respect to performance under the contract are also required to be maintained by the contractor at all times.
a. Workmen’s Compensation and Employer’s 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 administrative requirements in any such State will be satisfactory. The required Workmen’s Compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.
b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000, per occurrence shall be required on the comprehensive form of policy.
c. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.
PAYMENTS FOR MATERIALS
(a) The payment clause in construction contracts requires the Contracting Officer to make a case-by-case review of a contractor's need for progress payments for materials. Payment for materials will normally not be authorized. If they are authorized, they must be in accordance with paragraphs (b) and (c) below.
(b) It is not the policy of the Air Force to authorize payment for materials except when material represents a large, high cost, single line item(s) versus large quantities of small dollar materials. Examples of low dollar value materials are lumber, paint, miscellaneous electrical or plumbing supplies, etc. To illustrate, the Air Force may authorize a large transformer valued at $20,000 for payment, but will not authorize $17,000 worth of miscellaneous electrical components.
(c) Payment for materials will be limited to major high cost items only. Work and materials must be stored on site and as such, become the property of the Government, but the contractor is responsible for all materials delivered and work performed until completion and acceptance of the entire construction work. Responsibility of safeguarding material until final inspection and acceptance rests with the contractor. Payment for materials in advance of installation must be made on a separate line item on the AF Form 3064, Contract Progress Schedule.
Section I - Contract Clauses
52.202-1 Definitions NOV 2013
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
52.203-13 Contractor Code of Business Ethics and Conduct APR 2010
52.203-14 Display of Hotline Poster(s) DEC 2007
52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
SEP 2013
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
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
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
AUG 2013
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
JUL 2013
52.211-18 Variation in Estimated Quantity APR 1984
52.215-2 Audit and Records--Negotiation OCT 2010
52.215-15 Pension Adjustments and Asset Reversions OCT 2010
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.219-3 Notice of HUBZone Set-Aside or Sole Source Award NOV 2011
52.219-8 Utilization of Small Business Concerns JUL 2013
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 Veterans SEP 2010
52.222-36 Affirmative Action For Workers With Disabilities OCT 2010
52.222-37 Employment Reports on Veterans SEP 2010
52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons FEB 2009
52.222-54 Employment Eligibility Verification AUG 2013
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-6 Drug-Free Workplace MAY 2001
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
52.227-1 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 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 FEB 2013
52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002
52.232-17 Interest OCT 2010
52.232-23 Assignment Of Claims JAN 1986
52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984
52.232-27 Prompt Payment for Construction Contracts JUL 2013
52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.233-1 Disputes JUL 2002
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.236-2 Differing Site Conditions APR 1984
52.236-3 Site Investigation and Conditions Affecting the Work APR 1984
52.236-5 Material and Workmanship APR 1984
52.236-6 Superintendence by the Contractor APR 1984
52.236-7 Permits and Responsibilities NOV 1991
52.236-8 Other Contracts APR 1984
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984
52.236-11 Use and Possession Prior to Completion APR 1984
52.236-12 Cleaning Up APR 1984
52.236-13 Accident Prevention NOV 1991
52.236-14 Availability and Use of Utility Services APR 1984
52.236-15 Schedules for Construction Contracts APR 1984
52.236-17 Layout of Work APR 1984
52.236-21 Specifications and Drawings for Construction FEB 1997
52.236-21 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 2013
52.246-21 Warranty of Construction MAR 1994
52.248-3 Value Engineering-Construction OCT 2010
52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-2 Alt I Termination for Convenience of the Government (Fixed-
Price) (Apr 2012) - Alternate I
SEP 1996
52.249-10 Default (Fixed-Price Construction) APR 1984
52.253-1 Computer Generated Forms JAN 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-
Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.204-7000 Disclosure Of Information AUG 2013
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Alt A System for Award Management Alternate A MAR 2014
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Terrorist Country
MAR 2014
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010
252.223-7004 Drug Free Work Force SEP 1988
252.223-7006 Prohibition On Storage And Disposal Of Toxic And
Hazardous Materials
APR 2012
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
252.225-7012 Preference For Certain Domestic Commodities FEB 2013
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
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006
252.236-7000 Modification Proposals-Price Breakdown DEC 1991
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.244-7000 Subcontracts for Commercial Items JUN 2013
252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
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 $2,000.00, 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 $2.5M;
(2) Any order for a combination of items in excess of $2.5M; or
(3) A series of orders from the same ordering office within 15 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 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 30 Jun 2017.
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 3 years.
52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Applicability. This clause applies only to--
(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;
(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns;
and
(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405-5 and
16.505(b)(2)(i)(F).
(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for--
(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.
(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.
(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.
(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The
Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the
Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in
SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) 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).
52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND
CONSTRUCTION CONTRACTS (SEP 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United
States Department of Agriculture (USDA)-designated items unless--
(1) The product cannot be acquired--
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)).
For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferredgov.
(c) In the performance of this contract, the Contractor shall--
(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(2) Submit this report no later than--
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)
(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).
(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety
Data Sheet submitted under this contract.
http://www.biopreferredgov/ http://www.sam.gov/
Material Identification No.
(If none, insert "None")
(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.
(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety
Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with
Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items.
Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.
(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.
(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.
(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--
(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;
(ii) Obtain medical treatment for those affected by the material; and
(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.
(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.
(3) The Government is not precluded from using similar or identical data acquired from other sources.
52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (NOV
2013)
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 a new and different construction material distinct from the materials from which it was transformed.
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 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.
Designated country means any of the following countries:
(1) A World Trade Organization Government Procurement Agreement country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong
Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands,…
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