Solicitation_-_FA448419RA017.pdf
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- Attached to
- Asphalt Paving and Concrete Federal contract opportunity
- Solicitation number
- FA448419RA017
About this file
This is a solicitation for an indefinite delivery indefinite quantity multiple award task order contract for asphalt paving and concrete services at Joint Base McGuire-Dix-Lakehurst in New Jersey. The solicitation seeks annual base-level services for a one year base period and four one-year options, to include asphalt paving, concrete work, and related construction activities. The Air Force is the contracting agency, with an estimated value of $10,000 per task order and responses due by the date and time specified in item 8. Standard FAR and DFARS clauses are included regarding payment terms, small business participation goals, and trafficking in persons compliance.
Solicitation - FA448419RA017
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| FA448419RA017_Questions_and_Answers_1.pdf | ||
| J-10_Track_11_Drawing_C-1_Rev_2.pdf | ||
| FA448419RA0170003_Amend_03.pdf | ||
| FA448419RA017_Seed_Project_Site_Visit.pdf | ||
| SOW_Pave_Parking_Lot_Track_11_Revised_1_Oct_19.pdf | ||
| FA448419RA017_Amend_0002.pdf | ||
| J-10_Track_11_Drawing_E-1.pdf | ||
| Solicitation_Amendment_FA448419RA0170001.pdf | ||
| J-9_Asphalt_Paving_IDIQ_Drawings.PDF | ||
| ppi_tool.accdb | MDB file | |
| J-6_Burlington_Ocean_WD_NJ20190001.pdf | ||
| J-1_Pave_Parking_Lot_Track_11_SOW.pdf | ||
| M-1_Evaluation_Factors_For_Award.pdf | ||
| L-1_Instructions_to_Offerors.pdf | ||
| J-8_JB-MDL_AntiterrorismStatement.pdf | ||
| C-1_Asphalt_IDIQ_SOW.pdf | ||
| J-5_JB-MDL_Environmental_Compliance.pdf | ||
| C-2_Ordering_Procedures.pdf | ||
| J-4_JB-MDL_Past_Performance_Questionnaire.pdf | ||
| J-2_Bid_Schedule_(Seed_Project).pdf | ||
| J-7_JB-MDL_SFS_Appendix.PDF | ||
| J-3_PP_Cover_Letter.pdf |
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IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER
7. ISSUED BY CODE 8. ADDRESS OFFER TO
9. FOR INFORMATION
CALL:
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers 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, is not required.
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
STANDARD FORM 1442 (REV. 8/2014)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d)
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
12b. CALENDAR DAYS
YES NO
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED PAGE OF PAGES
AMOUNTS
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
CODE FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
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
NUMBER
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
21. ITEMS ACCEPTED:
AWARD (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA
BY
31c. DATE
STANDARD FORM 1442 (REV. 8/2014) BACK
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )
26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY
FA448419RA017
Section A - Solicitation/Contract Form
Section B - Supplies or Services and Prices/Cost
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
0001 Base Year - Asphalt Paving and Concrete Services IDIQ MATOC contract for Joint Base McGuire-Dix- Lakehurst, NJ in accordance with the statement of work.
Firm Fixed Price
10,000.0 Lot
Option Line Item
Option Year 01 - Asphalt Paving and Concrete Services IDIQ MATOC contract for Joint Base McGuire-Dix- Lakehurst, NJ in accordance with the statement of work.
Firm Fixed Price
10,000.0 Lot
Option Line Item
Option Year 02 - Asphalt Paving and Concrete Services IDIQ MATOC contract for Joint Base McGuire-Dix- Lakehurst, NJ in accordance with the statement of work.
Firm Fixed Price
10,000.0 Lot
Option Line Item
Option Year 03 - Asphalt Paving and Concrete Services IDIQ MATOC contract for Joint Base McGuire-Dix- Lakehurst, NJ in accordance with the statement of work.
Firm Fixed Price
10,000.0 Lot
Option Line Item
Option Year 04 - Asphalt Paving and Concrete Services IDIQ MATOC contract for Joint Base McGuire-Dix- Lakehurst, NJ in accordance with the statement of work.
Firm Fixed Price
10,000.0 Lot
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.211-18 Variation in Estimated Quantity. 1984-04
Section C - Description/Specifications/Statement of Work
C-1 Asphalt IDIQ SOW - March 2018 - 477 Pages C-2 Ordering Procedures - 2 Pages
Requirements Asphalt Paving and Concrete Indefinite Delivery Indefinite Quantity
Section D - Packaging and Marking
Section E - Inspection and Acceptance
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.246-12 Inspection of Construction. 1996-08 0001 Inspection and Acceptance Location
Both Source Instructions: Final inspection for each task order will be completed by the Civil Engineering Contracting Officer's Representative assigned to that task order.
DoDAAC: F3A3Q9 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
87 CES CEC
BLDG 2401 VANDENBERG AVE
AF BPN NO MILSBILLS PROCESSES
MC GUIRE AFB, NJ 08641 5502
United States
OfficeCode:
Ray Matthews Telephone: 609-562-6159 Email: raymond.matthews.3@us.af.mil
Option Line Item
Inspection and Acceptance Location
Both Source Instructions: Final inspection for each task order will be completed by the Civil Engineering Contracting Officer's Representative assigned to that task order.
DoDAAC: F3A3Q9 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
87 CES CEC
BLDG 2401 VANDENBERG AVE
AF BPN NO MILSBILLS PROCESSES
MC GUIRE AFB, NJ 08641 5502
United States
OfficeCode:
Ray Matthews Telephone: 609-562-6159 Email: raymond.matthews.3@us.af.mil
Option Line Item
Inspection and Acceptance Location
Both Source Instructions: Final inspection for each task order will be completed by the Civil Engineering Contracting Officer's Representative assigned to that task order.
DoDAAC: F3A3Q9 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
87 CES CEC
BLDG 2401 VANDENBERG AVE
AF BPN NO MILSBILLS PROCESSES
MC GUIRE AFB, NJ 08641 5502
United States
OfficeCode:
Ray Matthews Telephone: 609-562-6159 Email: raymond.matthews.3@us.af.mil
Option Line Item
Inspection and Acceptance Location
Both Source Instructions: Final inspection for each task order will be completed by the Civil Engineering Contracting Officer's Representative assigned to that task order.
DoDAAC: F3A3Q9 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
87 CES CEC
BLDG 2401 VANDENBERG AVE
AF BPN NO MILSBILLS PROCESSES
MC GUIRE AFB, NJ 08641 5502
United States
OfficeCode:
Ray Matthews Telephone: 609-562-6159 Email: raymond.matthews.3@us.af.mil
Option Line Item
Inspection and Acceptance Location
Both Source Instructions: Final inspection for each task order will be completed by the Civil Engineering Contracting Officer's Representative assigned to that task order.
DoDAAC: F3A3Q9 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
87 CES CEC
BLDG 2401 VANDENBERG AVE
AF BPN NO MILSBILLS PROCESSES
MC GUIRE AFB, NJ 08641 5502
United States
OfficeCode:
Ray Matthews Telephone: 609-562-6159 Email: raymond.matthews.3@us.af.mil
Section F - Deliveries or Performance
0001 Delivery Schedule Period of Performance From
10 JAN 2020
to
09 JAN 2021
Option Line Item
Delivery Schedule Period of Performance From
10 JAN 2021
to
09 JAN 2022
Option Line Item
Delivery Schedule Period of Performance From
10 JAN 2022
to
09 JAN 2023
Option Line Item
Delivery Schedule Period of Performance From
10 JAN 2023
to
09 JAN 2024
Option Line Item
Delivery Schedule Period of Performance From
10 JAN 2024
to
09 JAN 2025
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.242-15 Stop-Work Order. 1989-08
FAR Clauses Incorporated by Full Text
52.211-10 Commencement, Prosecution, and Completion of Work. 1984-04 As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction. Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to (a) commence work under this contract within _10_ calendar days after the date the Contractor receives the notice to proceed,
(b) prosecute the work diligently, and (c) complete the entire work ready for use not later than _the completion date stated in the task order_. The time stated for completion shall include final cleanup of the premises. (End of Clause)
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.236-7000 Modification Proposals--Price Breakdown. 1991-12
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12 252.232-7006
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow
(WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s). __COMBO__ Note: If a Combo document type is identified but not supportable by the Contractors business systems, an Invoice (stand-alone) and Receiving Report (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. __F3A3Q5 or F3A3Q9__
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table*
|| Field Name in WAWF || Data to be entered in WAWF || Pay Official DoDAAC || __F87700 or N64142__ || Issue By DoDAAC || __FA4484__ || Admin DoDAAC || __FA4484__ ||
Inspect By DoDAAC || ____ || Ship To Code || ____ || Ship From Code || ____ || Mark For Code || ____ || Service Approver (DoDAAC) || ____ || Service Acceptor (DoDAAC) || __F3A3Q5 or F3A3Q9__ || Accept at Other DoDAAC || __F3A3Q5 or F3A3Q9__ || LPO DoDAAC || __F3A3Q5 or F3A3Q9__ || DCAA Auditor DoDAAC || ____ || Other DoDAAC(s) || ____ |
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the Send Additional Email Notifications field of WAWF once a document is submitted in the system. __Information will be listed in each task order.__ __Information will be listed in each task order.__ (g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activitys WAWF point of contact. __Information will be listed in each task order.__
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
Section H - Special Contract Requirements
Section I - Contract Clauses
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)
(a) Definitions. As used in this provision--
Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Representation. The Offeror represents that--
It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.
(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--
(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and
(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
(End of Provision)
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)
(a) Definitions. As used in this clause--
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means--
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means--
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.
(c) Exceptions. This clause does not prohibit contractors from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
(End of Clause)
52.228-1 -- Bid Guarantee (Sep 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds --
(1) To unsuccessful bidders as soon as practicable after the opening of bids; and
(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be _20_ percent of the bid price or $_3M_, whichever is less.
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
(End of Provision)
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.202-1 Definitions. 2013-11 52.203-5 Covenant Against Contingent Fees. 2014-05 52.203-6 Restrictions on Subcontractor Sales to the Government. 2006-09 52.203-7 Anti-Kickback Procedures. 2014-05 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper
Activity.
2014-05
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 52.203-13 Contractor Code of Business Ethics and Conduct. 2015-10 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform
Employees of Whistleblower Rights.
2014-04
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.
2017-01
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
2017-01
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.2011-05 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12 52.204-22 Alternative Line Item Proposal. 2017-01 52.204-23 Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and Other Covered Entities.
2018-07
52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts).
2016-10
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
2015-10
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a
Felony Conviction under any Federal Law.
2016-02
52.210-1 Market Research. 2011-04 52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 52.217-2 Cancellation Under Multi-year Contracts. 1997-10 52.219-6 Deviation 2019- O0003
Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003) 2011-11
52.219-8 Utilization of Small Business Concerns. 2018-10 52.219-13 Notice of Set-Aside of Orders. 2011-11 52.219-14 Deviation 2019- O0003
Limitations on Subcontracting (DEVIATION 2019-O0003) 2017-01
52.222-3 Convict Labor. 2003-06 52.222-6 Construction Wage Rate Requirements. 2018-08 52.222-7 Withholding of Funds. 2014-05 52.222-8 Payrolls and Basic Records. 2018-08 52.222-9 Apprentices and Trainees. 2005-07 52.222-10 Compliance with Copeland Act Requirements. 1988-02 52.222-11 Subcontracts (Labor Standards). 2014-05 52.222-12 Contract Termination-Debarment. 2014-05 52.222-13 Compliance with Construction Wage Rate Requirements and Related
Regulations.
2014-05
52.222-14 Disputes Concerning Labor Standards. 1988-02 52.222-15 Certification of Eligibility. 2014-05 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-27 Affirmative Action Compliance Requirements for Construction. 2015-04 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual
Method).
2018-08
52.222-37 Employment Reports on Veterans. 2016-02 52.222-54 Employment Eligibility Verification. 2015-10 52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.223-19 Compliance with Environmental Management Systems. 2011-05 52.223-21 Foams. 2016-06 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.228-2 Additional Bond Security. 1997-10 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.228-11 Pledges of Assets. 2018-08 52.228-12 Prospective Subcontractor Requests for Bonds. 2014-05 52.228-14 Irrevocable Letter of Credit. 2014-11 52.229-3 Federal, State, and Local Taxes. 2013-02 52.232-17 Interest. 2014-05 52.232-23 Assignment of Claims. 2014-05 52.232-33 Payment by Electronic Funds Transfer-System for Award Management.2018-10 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05
52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.236-2 Differing Site Conditions. 1984-04 52.236-3 Site Investigation and Conditions Affecting the Work. 1984-04 52.236-5 Material and Workmanship. 1984-04 52.236-6 Superintendence by the Contractor. 1984-04 52.236-7 Permits and Responsibilities. 1991-11 52.236-8 Other Contracts. 1984-04 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and
Improvements.
1984-04
52.236-10 Operations and Storage Areas. 1984-04 52.236-11 Use and Possession Prior to Completion. 1984-04 52.236-12 Cleaning Up. 1984-04 52.236-13 Accident Prevention. 1991-11 52.236-15 Schedules for Construction Contracts. 1984-04 52.242-13 Bankruptcy. 1995-07 52.242-14 Suspension of Work. 1984-04 52.243-1 Alternate I Changes-Fixed-Price. - (Alternate I) 1987-08 52.243-4 Changes. 2007-06 52.244-6 Subcontracts for Commercial Items. 2019-01 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 52.249-4 Termination for Convenience of the Government (Services) (Short
Form).
1984-04
52.249-10 Default (Fixed-Price Construction). 1984-04
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-
Related Felonies.
2008-12
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.203-7003 Agency Office of the Inspector General. As prescribed in 203.1004(a), use the following clause:
2012-12
252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident
Reporting.
2016-10
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the
Government of a Country that is a State Sponsor of Terrorism.
2015-10
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 252.223-7004 Drug-Free Work Force. 1988-09 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous
Materials.
2014-09
252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 252.225-7048 Export-Controlled Items. 2013-06 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic
Enterprises, and Native Hawaiian Small Business Concerns.
2004-09
252.232-7004 DoD Progress Payment Rates. 2014-10 252.232-7010 Levies on Contract Payments. 2006-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.242-7006 Accounting System Administration. 2012-02 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military
Operations.
2010-10
AFFARS Clauses Incorporated by Reference
Number Title Effective Date 5352.223-9001 Health and Safety on Government Installations 11/1/2012
FAR Clauses Incorporated by Full Text
52.211-12 Liquidated Damages-Construction. 2000-09 As prescribed in 11.503(b), insert the following clause in solicitations and contracts: Liquidated Damages-Construction (Sept 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 _$583.50__ for each calendar day of delay until the work is completed or accepted. (b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause. (End of clause)
52.216-19 Order Limitations. 1995-10 Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than __$500__ 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 __$4,000,000__;
(2) Any order for a combination of items in excess of __$4,000,000__; or
(3) A series of orders from the same ordering office within __30 calendar__ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(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) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, 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 __7 business__ 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.
(End of clause)
52.216-22 Indefinite Quantity. 1995-10 52.216-22
As prescribed in 16.506(e), insert the following clause:
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 the stated Period of Performance located on each individual Task Order or the last day of the contract.
(End of clause)
52.217-8 Option to Extend Services. 1999-11 As prescribed in 17.208(f), insert a clause substantially the same as the following:
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 days before contract expiration.
(End of clause)
52.217-9 Option to Extend the Term of the Contract. 2000-03
52.217-9 Option to Extend the Term of the Contract. 2000-03
As prescribed in 17.208(g), insert a clause substantially the same as the following:
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 calender days before the contract expires; 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 5 years and 6 months from the date of award.
(End of clause)
52.219-28 Post-Award Small Business Program Rerepresentation. 2013-07 52.219-28
As prescribed in 19.309(c), insert the following clause:
Post-Award Small Business Program Rerepresentation (Jul 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].
(End of clause)
52.222-26 Equal Opportunity. 2015-09 As prescribed in 22.810(e), insert the following clause: Equal Opportunity (Sept 2015) (a) Definition. As used in this clause.
"Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.
"Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace;
market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations;
salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation. "Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if- (1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or (2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information. "Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. "Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/ LGBT/LGBT_FAQs.html. "United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b) (1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5). (c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to- (i) Employment; (ii) Upgrading; (iii) Demotion; (iv) Transfer; (v) Recruitment or recruitment advertising; (vi) Layoff or termination; (vii) Rates of pay or other forms of compensation; and (viii) Selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (5) (i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by- (A) Incorporation into existing employee manuals or handbooks; and (B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment. (6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (7) The Contractor shall comply with Executive Order11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (8) The Contractor shall furnish to the contracting agency all information required by Executive Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41 CFR Part60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms. (9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations.
The Contractor shall permit the Government to…
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