Electrical distribution system.pdf

1) The magnitude of this project is betw een $1,000,000 and $5,000,000 in accordance w ith FAR 36.204 (f).

2) All offerors must be registered in the Central Contractor Registration (CCR) to be considered eligible for aw ard.

3) A site visit has been scheduled for the 28 August 2009 at 10:00 a.m. for this project, meet in building T-615, Contracting Squadron

Conference room, contact Mena Meneses at 351-295-571483 for any questions.

MARIA FILOMENA MENESES 011-351-295-571483

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

13-Aug-2009

(RFP)

(IFB)

X

CALL:

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 _______10 calendar days and complete it w ithin ________395 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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.)

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________2 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________11 Sep 2009 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 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

65 CONS/LGCA

65TH CONTRACTING SQUADRON

APO AE 09720-7775

FA4486

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 PM (hour)

Sealed envelopes containing offers

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

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

011-351-295-573758FAX:TEL: 011-351-295-571468 TEL: FAX:

FA4486-09-R-0022 33

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

FA4486-09-R-0022

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Lump Sum Repair Electrical Distribution Beira Mar

FFP

MQNA 07-1011, Repair Primary Electrical Distribuition Beira Mar. The contractor shall provide all labor, supervision, supplies, materials, tools, equipment and transportation necessary to perform all operations required to Repair the Electrical distribuion at Beira Mar at Lajes Field, Azores, Portugal, in accordance with project specifications and drawings.

FOB: Destination

NET AMT

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 395 Days After Notice To

Proceed

65 CES/CEOE - F2N33S

MR. JOSE MENESES

BASE CIVIL ENGINEERING

BLDG T-570

APO AE 09720

011-351-295-573495

FOB: Destination

F2N33S

CLAUSES INCORPORATED BY REFERENCE

52.242-14 Suspension of Work APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 395 calendar days from Notice to Proceed. * The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

Section H - Special Contract Requirements

SPECIAL REQUIREMENTS

INSTRUCTION

DEPARTAMENTO DA FORÇA AÉREA NORTE

AMERICANA ESTACIONADA NAS LAJES-AÇORES

CONTRIBUINTE No. 912002697

IVA - REGIME DE ISENÇÃO

No.8 DO ARTIGO 28 DO CIVA, ABRANGIDO PELO

ARTIGO IX DO ANEXO I DO ACORDO TECNICO

ESTABELECIDO ENTRE PORTUGAL E OS

ESTADOS UNIDOS DA AMERICA.

Translation:

Department of the U.S. Air Force‖ stationed at Lajes – Azores

Tax ID No. 912002697

IVA – Regime of Exemption (Exemption of Tax)

Number 8 of Article 28 of the CIVA, in conjunction with Article 9 of Annex 1 of the Technical Agreement established between Portugal and the United

States of America.

REQUIRED DATE FOR SUBMITTALS

a) Material submittals as required by Contract clause ―Material and Workmanship‖ are specified in the Technical

Specifications.

b) The Contractor shall submit Material Submittals within 10 calendar days after receipt of the Notice-to-Proceed

(NTP), or as otherwise specified on the AF Form 66. (Schedule of Material Submittals).

c) All Material Submittals shall be prepared and submitted using AF Form 3000.

d) In the event the Contractor cannot meet the established dates for submission of Material Submittals, he will advise the Contracting Officer in writing and arrange a mutually acceptable date that will not delay progress of work.

LEGAL HOLIDAYS

This base observes the following legal holidays:

*New Year’s Day 01 January

Mardi Gras Variable

Good Friday Variable

Day of Liberty 25 April

Day of the Worker 1 May

Holy Spirit Monday Variable

Corpus Christi Variable

Day of Portugal 10 June

Praia da Vitoria Day 11 August

Assumption Day 15 August

Founding of the Republic 5 October

All Saint’s Day 1 November

Restoration of Independence 1 December

Immaculate Conception 8 December

*Christmas Day 25 December

Martin Luther King’s Birthday 3 rd

Monday in January

President’s Day 3 rd

Monday in February

Memorial Day Last Monday in May

*Independence Day 04 July

Labor Day 1 st Monday in September

Columbus Day 2 nd

Monday in October

*Veteran’s Day 11 November

Thanksgiving Day 4 th

Thursday in November

(*) NOTE: Any of the above holidays falling on a Saturday will be observed on the proceeding Friday. Holidays falling on a Sunday will be observed on the following Monday.

LABOR LAWS OF HOST COUNTRY

Contractors shall comply with all of the applicable labor laws of Portugal.

CONDUCT OF CONTRACTOR PERSONNEL/DEPENDENTS.

a) The contractor shall report to the contracting officer, immediately upon receipt of and/or discovery, any and all information, whether or not verified, relating to physical security incidents, misconduct, crimes, and misdemeanors, including but not limited to murder; arson; larceny of any weapon, ammunition, or explosives;

larceny of other property; robbery; burglary; narcotics and dangerous drugs; destruction of Government property; fraud; malfeasance and misfeasance; sabotage; subversions; disaffections; treason; espionage. The contractor shall recognize and comply with the rules and regulations promulgated by the foreign country where the work is to be performed to the extent required by pertinent international agreements.

b) In the event that it becomes necessary for the contracting officer to remove any contractor personnel/dependents for any of the above stated reasons, the contractor shall bear all costs associated with such removal, including the costs for the replacement of any personnel so removed. The contractor shall provide the contracting officer with a list of all personnel performing work under this contract and the name of a responsible individual who may be contacted twenty-four (24) hours a day whenever questions or problems arise concerning their personnel.

REQUIRED INSURANCE

a) The Contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance as required by Portuguese Law:

1) Insurance applicable to civil construction.

2) Portuguese Law #2127, Labor Accidents 3 Aug 65

3) Automobile liability

b) The Contractor shall also procure and maintain during the entire period of performance under this contract insurance to cover injuries to persons or damage to property that may occur in Portuguese territory as a result of acts or omissions done in the performance of duty by their employees.

NOTE: Full text of the Portuguese Laws may be accessed electronically at this address:

http://www.dr.incm.pt/dr/default.asp

CONTRACTOR GENERATED REFUSE

a) All Contractor generated refuse and waste shall be hauled from the construction site daily to a disposal area to be selected by the Contractor and shall be located outside the physical boundaries of the installation. This refuse and waste material shall be hauled in trucks with tight fitting covers to prevent spillage on roadways. The construction site shall be kept neat, orderly, and safe for workmen at all times.

b) The contractor shall take positive action to prevent work-generated refuse from entering the sewer system.

HOURS OF WORK

The normal hours of work on Lajes Field, unless otherwise stated, are from 8:00a.m. to 5:00p.m, Monday through

Friday, excluding holidays (identified under LEGAL HOLIDAYS in Section H.) For work during other than normal hours of work, the Contractor shall submit, in writing, for the Contracting Officer's approval, a notice of any period of scheduled work at times other than the normal hours of work specified above. This notice shall be submitted

IAW the Statement of Work and Specifications.

CONTRACTOR PAYMENT IN EUROS

http://www.dr.incm.pt/dr/default.asp

Payment will be made in Euros. Contractor shall submit invoice, in accordance with FAR Clause 52.232-5 entitled

Payments under Fixed Price Construction Contracts and FAR Clause 52.232-34 entitled Payment by Electronics

Funds Transfer – Other than Central Contract Registration, to the Contracting Office monthly after current progress report is approved and Contracting will certify the invoice. Contractor must follow electronic procedures for submission of invoices, to include providing the necessary bank information for payments to be deposited directly to the Contractor’s bank account by filling out the Remittance Information Form and Fax Cover Sheet. DFAS

Limestone will use Electronic Funds Transfer to make the payment to the contractor in accordance with FAR Clause

52.232-27 entitled Prompt Payment for Construction Contracts.

SAFETY BARRICADES AND WARNING SIGNS

Adequate barricades and warning signs shall be furnished, installed, and maintained by the contractor for indoor and outdoor hazards related to the subject construction in accordance with the contract clause 52.236-13 in Section I.

INSURANCE UNDER FIXED-PRICE CONTRACTS (IAW FAR 28.306)

Reference FAR clause entitled ―Insurance under Fixed-Price Contracts‖ the contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

a) Workmen's compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or 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 "As required by Portuguese Law"

b) General Liability Insurance. Liability insurance covering bodily injury and property damage in the minimum limits of "As required by Portuguese Law" per occurrence shall be required on the comprehensive form of policy.

c) Automobile Liability Insurance. This insurance shall be required of 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 "As required by the Portuguese

Law" per person and "As required by the Portuguese Law" per occurrence for bodily injury and "As required by the

Portuguese Law" per occurrence for property damage shall be required.

VENDOR CAREFULLY READ AND ABIDE BY THESE SHIPPING INSTRUCTIONS. ULTIMATE

DESTINATION IS FOR A REMOTE LOCATION AND IT IS CRITICAL THESE PROCEDURES ARE

FOLLOWED EXACTLY AS WRITTEN BELOW.

**VENDOR SHIPPING INSTRUCTIONS**

CAREFULLY READ AND ACCOMPLISH THE FOLLOWING ACTIONS:

Vendor should contact buyer/contract administrator via email: nathan.wallace@lajes.af.mil, or send fax to 011-351-

295-57-3758 when utilizing U.S.-flag vessels for transporting supplies by sea under this contract. The contractor should include the type, weight, and cube of cargo, and a statement stating if any there is any classified or hazardous material associated with the shipment.

A Transportation Control Number (TCN) will be created and sent to the contractor prior to the shipment of any supplies. You will be provided shipping labels prior to shipment. AFFIX THE SHIPPING LABELS TO EACH

PACKAGE AND ENSURE THESE LABELS ARE CLEARLY VISIBLE. FAILURE TO PROPERLY

LABEL THE SHIPMENT WILL RESULT IN FRUSTRATED CARGO AND DELAYS IN PAYMENT.

When a TCN and TAC Code is received by the contractor, supplies should be sent to the following depot location:

mailto:nathan.wallace@lajes.af.mil

TCN:

TAC Code:

Fleet and Industrial Supply Center Norfolk

FISC Ocean Terminal

BLDG CEP 201

9248 Virginia Avenue

Norfolk, VA 23511

NOTE: FRUSTRATED CARGO CAN CAUSE SERIOUS MISSION DEGRADATION FOR THIS

REMOTE LOCATION. WE DEPEND ON YOU TO PROPERLY LABEL YOUR SHIPMENTS TO AVOID

ANY DELAYS. THANKS FOR YOUR ATTENTION.

After shipment to the FISC Ocean Terminal in Norfolk, VA, contractor must fax or email a copy of the delivery receipt to the buyer/contract administrator via email: nathan.wallace@lajes.af.mil, or send fax to 011-351-295-57-

3758.

Note: Call Norfolk ahead of time to schedule a delivery appointment within 48 hours in advance at 757-444-

4170, Ext. 109.

NOTE: If an item exceeds 10,000 lbs or dimension requirements, contact Norfolk for direct booking instructions.

POC at Norfolk for direct booking is Mr. Kerry Foerst (kerry.foerst@navy.mil).

EMPLOYEE RECRUITING (PORTUGUESE NATIONALS):

It is the Contractor's responsibility to comply with the following requirements for Portuguese National employees.

a) The Contractor, using his own contracting forms, may contract directly with, or request assistance from the Civilian Personnel office, civilian recruitment section, Headquarters

Azores Air Command (SRPC, HAAZ), in contracting Portuguese National employees. The

Contractor's contract form must include, as a minimum, the following: name, social welfare number, date and place of birth, residence (village and council), parent's name, marital status, spouse's maiden name, professional degree or skill, salary, meal and transportation allowances.

b) It will be the Contractor's responsibility once he has obtained his employees, to clear them through SRPC/HAAZ in order for them to gain access to this installation.

c) The Contractor shall request on SRPC/HAAC forms the number of passes needed. A pass will be issued to each employee. The employee will proceed with the pass directly to the

Portuguese Air Police Identification Section at the Main Gate for proper clearance and return to SRPC/HAAZ to have the pass laminated.

d) The Contractor shall inform SRPC/HAAZ when the contract period of performance is changed and return all passes to SRPC/HAAC upon completion of the contract.

e) Failure to comply with paragraph (b) or (c) of this clause may result in the denial of entrance to this installation.

f) U.S. citizens and Third Nation personnel, who are residents of Terceira Island at the time they are hired by the Contractor, must comply with the Portuguese Laws regarding work permits. It is the responsibility of the Contractor to insure compliance with these laws.

Failure to do so may result in the employee being denied access to Lajes Field.

mailto:nathan.wallace@lajes.af.mil

RECORD DRAWINGS

Record drawings showing existing underground utilities are located in Building 570, Lajes Field, Azores, Portugal.

Contractor shall call 011-351-295-57-6828 for record drawings, the POC is Tony Avila at 65 CE/CECN. Any utility lines shown on the record drawings (or made known to the Contractor) and damaged during construction work, will be repaired immediately by the Contractor at no cost to the Government.

Section I - Contract Clauses

52.202-1 Definitions JUL 2004

52.203-3 Gratuities APR 1984

52.203-7 Anti-Kickback Procedures JUL 1995

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

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000

52.204-7 Central Contractor Registration APR 2008

52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

SEP 2006

52.211-13 Time Extensions SEP 2000

52.215-2 Audit and Records--Negotiation MAR 2009

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

52.215-21 Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data--Modifications

OCT 1997

52.222-50 Combating Trafficking in Persons FEB 2009

52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003

52.223-14 Toxic Chemical Release Reporting AUG 2003

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984

52.229-6 Taxes--Foreign Fixed-Price Contracts JUN 2003

52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002

52.232-17 Interest OCT 2008

52.232-27 Prompt Payment for Construction Contracts OCT 2008

52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002

52.233-2 Service Of Protest SEP 2006

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-26 Preconstruction Conference FEB 1995

52.236-28 Preparation of Proposals--Construction OCT 1997

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995

52.242-15 Stop-Work Order AUG 1989

52.243-1 Changes--Fixed Price AUG 1987

52.243-4 Changes JUN 2007

52.246-12 Inspection of Construction AUG 1996

52.246-21 Warranty of Construction MAR 1994

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

Price)

MAY 2004

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

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007

252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

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

The Government of a Terrorist Country

DEC 2006

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

252.225-7012 Preference For Certain Domestic Commodities DEC 2008

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

252.225-7041 Correspondence in English JUN 1997

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.232-7010 Levies on Contract Payments DEC 2006

252.233-7001 Choice of Law (Overseas) JUN 1997

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment MAR 1998

252.247-7022 Representation Of Extent Of Transportation Of Supplies By

Sea

AUG 1992

252.247-7023 Transportation of Supplies by Sea MAY 2002

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

52.203-5 Covenant Against Contingent Fees APR 1984

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 $276.31 for the first day of delay and $204.03 for each subsequent days 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.

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT

(FEB 2000)

In the event of inconsistency between any terms of this contract and any translation into another language, the

English language meaning shall control.

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 30 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting

Officer determines that the reduction would be to the advantage of the Government.

52.247-34 F.O.B. DESTINATION (NOV 1991)

(a) The term "f.o.b. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery

(or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall--

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (MAR 2006)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and http://farsite.hill.af.mil/

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from TSgt

Jason.schieble@lajes.af.mil , Phone number 351-295-57-3015.

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

mailto:Jason.schieble@lajes.af.mil

Repair Elect distribution Beira Mar Housing Drawing G0.01

― ― Drawing A-501

― ― Drawing E-101

― ― Drawing E-102

― ― Drawing E-601

5352.201-9101 OMBUDSMAN (AUG 2005)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen:

Primary Command Ombudsman:

Mr. David Jones

HQ USAFE/A7K, UNIT 3050, Box 10, APO AE 09094-0110

HQ USAFE/A7K, Flugplatz Ramstein, 66877 Ramstein Germany

E-mail: dave.jones@ramstein.af.mil

Tel: 0049-637-147-2209, Fax: 0049-673-147-2025

Alternate Command Ombudsman:

Lt Col Paul Marks

HQ USAFE/A7K, UNIT 3050, Box 10, APO AE 09094-0110

HQ USAFE/A7K, Flugplatz Ramstein, 66877 Ramstein Germany

E-mail: paul.marks@ramstein.af.mil

Tel: 0049-637-147-2026, Fax: 0049-673-147-2025

Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant

Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number

(703) 588-7004, facsimile number (703) 588-1067.

http://www.whitehouse.gov/omb/circulars/a076/a76_rev2003.pdf mailto:dave.jones@ramstein.af.mil mailto:paul.marks@ramstein.af.mil

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (JUN 1997)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Comply with the specific health and safety requirements established by this contract;

(2) Comply with the health and safety rules of the Government installation that concern related activities not directly addressed in this contract;

(3) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(4) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH)

Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (JUN 2002)

(a) The contractor shall obtain base identification and vehicle passes 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 police 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 the Base access card to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, 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.

http://www.e-publishing.af.mil/search.asp?keyword=AFI+31-101&Go.x=8&Go.y=10 http://www.e-publishing.af.mil/pubfiles/af/31/afi31-501/afi31-501.pdf

Section J - List of Documents, Exhibits and Other Attachments

ATTACHMENTS

LIST OF ATTACHMENTS

Exhibit/Attachment/Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES

Attachment 1 Specifications 32

Attachment 2 AF Form 66 3

Attachment 3 Drawings 5

Attachment 4 Past Perf Quest 3

Section K - Representations, Certifications and Other Statements of Offerors

52.203-2 Certificate Of Independent Price Determination APR 1985

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

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is -------------- [insert

NAICS code].

(2) The small business size standard is -------------- [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (d) applies.

(__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at

52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-

1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and

Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at

52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of

Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration

Program.

------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small

Business Competitiveness Demonstration Program.

------(iii) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

------(iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

------(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--

Certification.

------(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

------(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(ix) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

------(x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online

Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation

(including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below

(offeror to insert changes, identifyingchange by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of Provision)

Section L - Instructions, Conditions and Notices to Bidders

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than

English shall be rejected.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

MSgt Zane R. Rohwedder, 65 CONS/CC, UNIT 7775, APOI AE 09720

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--

28 Aug 09 at 10:00 hrs

(c) Participants will meet at--

65th Contracting Squadron, Bldg T-615, 1st Floor Conference Room

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.farsite.hill.af.mil

(End of provision

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.225-7042 AUTHORIZATION TO PERFORM (APR 2003)

The offeror represents that it has been duly authorized to operate and to do business in the country or countries in which the contract is to be performed.

INSTRUCTION TO OFFERORS - L

SECTION L

I. INSTRUCTIONS TO OFFERORS, CONDITIONS AND NOTICES TO BIDDERS

a. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical…