FA4610-12-R-0001-0001_Revised_solicitation.pdf
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FA4610-12-R-0001-0001
1. Project Title: Mini Simplif ied Acquisition of Base Engineering Requirements (mini SABER) for Vandenberg AFB, California.
2. This acquisition is a competitive 8(a) acquisition in accordance w ith FAR 6.204.
3. Aw ard of this solicitation w ill result in a Fixed Price, Indefinite Delivery, Indefinitey Quantity contract.
4. The period of performance for this action w ill be one (1) one- year base period w ith one (1) one-year option period.
5. Total guaranteed minimum for the life of this contract is $2,000.
6. The contract maximum is $9,750,000.
7. Bonding w ill be $3,000,000 for single aw ard and $10,000,000 for aggragate
8. Specif ications: See Sections C and J.
10. In block 11 below , the number of calendar days for the "performance begins" and "completed w ithin" shall be determined at the task order level.
11. In block 12a: Payment and performance bonds shall be obtained at the individual task order level.
12. DO: C2; NAICS 236220; Size Standard $33.5 million.
13. Task Orders w ill be aw arded based on Low est Price Technically Acceptable (LPTA); competitive.
JESSICA A. NELSON 805-605-3916
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
04-Jan-2013
(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 _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________04 Feb 2013 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee is, X is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
FA4610 - 30TH CONS
1515 ICELAND AVE. (BLDG 8500), RM 150
VANDENBERG AFB CA 93437-5212
FA4610
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
10:00 AM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
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
FA4610-12-R-0001
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 UNDEFINED Job Base Yr- TBD
FFP
The contractor shall perform maintenance, repair, and minor construction IAW
Attachment 1, Specifications for Simplified Acquisition of Base Engineering
Requirement (SABER) and as identified by other specific specifications/work statements in each task order issued against the contract.
COEFFICIENTS - to be completed by Offeror:
0001 Standard Hours ____________
FOB: Destination
NSN: Z2JZ-00-000-0000
SIGNAL CODE: A
MAX
NET AMT
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
1001 UNDEFINED Job OPTION OptionYr- TBD
FFP
The contractor shall perform maintenance, repair, and minor construction IAW
Attachment 1, Specifications for Simplified Acquisition of Base Engineering
Requirement (SABER) and as identified by other specific specifications/work statements in each task order issued against the contract.
COEFFICIENTS - to be completed by Offeror:
0001 Standard Hours ____________
FOB: Destination
NSN: Z2JZ-00-000-0000
SIGNAL CODE: A
MAX
NET AMT
CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER
VALUE
The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.
CLIN
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
0001 1
$2,000
$8,000,000
1001 1
$0
$1,750,000
COEFFICIENT SCHEDULE
B-1 SCHEDULE DESCRIPTION
1. This is an indefinite delivery/indefinite quantity contract for construction at Vandenberg AFB, CA.
2. Construction projects will be awarded by individual task orders on an as needed basis. Projects will be in support of real property maintenance, repair, alteration, and minor construction. The Contractor will receive requests for proposals from the Government. See Specification Section 01 00 00, General Requirements, paragraph 1.4.9.
General Requirements, for specific instructions and details for proposal submittal.
3. Coefficients:
a. The Government will apply the coefficients to direct pre-priced overhead and profit from RS MEANS or the equivalent. This calculation shall be the total compensation paid to the Contractor for all of their direct costs, indirect cost (including General and Administrative Expenses), and profit for performance. This SABER contract will use the far right hand column, labeled “Total, Including Overhead & Profit”. Each offeror will use this column and add the city cost index and their proposed coefficient to arrive at a task order proposed price. For this base contract each offeror shall submit the proposed coefficient they intend to use for the life of the contract. In addition, the cost of purchasing the RS Means software or equivalent, books, and training shall be part of the base year coefficient.
b. The Contractor’s coefficients shall be in 4 decimal places format, and shall contain applicable profit and all burden costs such as design fees, additional bond premiums, insurance, computer system and support costs, compliance with environmental and safety laws, taxes, and any other associated costs required to perform the work.
The preceding list of cost elements is neither all inclusive nor mandatory, just examples of cost elements any Offeror can use to determine their proposed coefficient.
c. The Contractor shall complete Attachment 6 of this Solicitation, the Coefficient Worksheet. All
Offeror’s will use $4,000,000.00 as the annual revenue from this contract. All other expenses will be filled in by each offeror with either a zero or any number the offeror estimates each expense will cost. In addition, each offeror will fill in the company overhead and profit.
d. Coefficients less than “1.00” would result in a decrease to the pre-priced items in the proposal. The
Contractor shall thoroughly consider all potential costs and the proposal environment, before submitting a coefficient less than 1.00 for any item in the Coefficient Schedule B.
e. The proposal shall be accompanied with a narrative describing the methodology in calculating the proposed coefficients. The Government will provide a coefficient worksheet, which shall be used in order to determine the contractor’s coefficient.
4. Standard Working Hours. See Specification Section 01 00 00, General Requirements, paragraph 1.4.3.
5. Non-Standard Working Hours. See Specification Section 01 00 00, General Requirements, paragraph 1.4.3.
6. Controlled/Restricted Areas. For work in controlled or restricted areas, Contractors will need the appropriate level of clearance to gain unescorted access. The contractor shall be responsible for ensuring personnel with a minimum “secret” clearance obtain an Automated Entry Control Card (AECC) badge for unescorted access. Badged personnel will be required to receive Annual Escort Training and Vandenberg Electronic Security System (VESS)
Training. Each badged person shall be permitted to escort up to three (3) people in the controlled/restricted area.
Coordination for AECC and ancillary training shall be coordinated through 30 CES/Unit Security Manager. The direct cost for hourly escort rates shall not be incorporated into the coefficient for secured areas; this cost shall be considered a direct cost and proposed on a per task order basis.
The Government shall provide escorts in work areas requiring higher than “secret” clearance.
7. Contract Basic Guarantee. The basic guaranteed minimum dollar amount of work which will be required under this contract and which may be initiated by one or more task orders within the base year is $2,000.00. The contract maximum dollar amount is $9,750,000.00. Contractor entries are required for these areas in the proposal Schedule, Section B.
8. Davis Bacon Wage Decision. Concurrent with the exercise of any options, the current Davis Bacon Wage
Decision will be incorporated and shall be effective for all task orders issued on the first day of the option and through the duration of the option Year (see FAR 52.222-30, Davis-Bacon Act—Price Adjustment (None or
Separately Specified Method)). The Contractor shall compensate all covered employees at not less than the rates specified on the wage determination; however, no adjustment to the Coefficient pricing will be made relative to the incorporation of any wage determination.
9. Non Pre-Priced Item (NPI). See Specifications Section 01 04 00, Unit Price Book and Software Requirements, paragraph 1.6. For individual task orders, the Contracting Officer may add items of work not covered by RS
MEANS or its equivalent, within the scope and general intent of the contract. These items may then be incorporated into and made part of the basic contract at the Government’s option. For task orders, the items shall be provided at the negotiated price, and multiplied by the applicable coefficient listed in the contract schedule. The RS MEANS shall be used to the maximum extent practicable. NPI may not exceed 25% of the total dollar value of the task order without the approval of the Contracting Officer. Each situation where NPI items may exceed 25% of the total priced order shall be thoroughly justified by the Contractor as part of their proposal, for the requested work. For each task order proposal, NPIs shall be supported by three competitive quotes unless waived by the Contracting Officer.
Section C - Descriptions and Specifications
DESCRIPTIONS AND SPECIFICATION
The SABER Specifications, attachment 1, are listed in Section J of the contract. All work shall be in accordance with these specifications and additional requirements identified and negotiated in the individual task orders. See specification Section 01 00 00, General Requirements for further information on specification and contract documents.
C-1 DRAWINGS:
A. Design Drawings:
Design Drawings must be submitted with each proposal for each task order. The complexity of work accomplished under this contract will not require the use of professional Architect/Engineering (A/E) services; furthermore, statutory limitations restrict the acquisition of these services through this contract. Orders placed will not request, nor render payment for A/E services. Design and engineering required is at the level normally expected of a general construction contractor and considered incidental to the accomplishment of the scope of work provided by the government. Examples of services required from the contractor include: sizing and selection of mechanical and electrical equipment and systems; sizing of electrical circuits, electrical devices, heating and ventilating air ducts, fluid piping systems and structural framing members; lighting layout; fire detection systems; surveying; computer aided drafting etc. Drawings included with the proposal must be thorough enough to allow the Government and offeror to estimate prepriced and non-prepriced items, the Government to monitor the work, and the offeror to execute the work. Refer to Specification Section 01 00 00, General Requirements, paragraph 1.4.9 for specific details. Once the task order is awarded, the design drawings shall become the basis for the record drawings. In addition, prior to the commencement of any onsite work, the drawings must be approved on a form AF 3000.
B. Record Drawings (As Builts):
During the progress of the work, the Contractor will keep a record set of drawings on the job site meeting, the requirements of Section 01 78 00, Task Order Close Out Requirements. If the Offeror fails to maintain the record drawings as required herein, the Contracting Officer will consider that satisfactory progress has not been achieved for the period in question. Final payment up to 10% will be withheld until As-Built record drawings are submitted to and approved by the applicable Contracting Officer. As-Built drawings shall be approved prior to the final inspection.
C-2 TASK ORDER PROCEDURES:
Each proposal shall be prepared and submitted in accordance with Specification Section 01 00 00 General
Requirements, paragraph 1.4.9. If there is any conflict between the contract specifications and the contract, the contract will take precedence. If the contract is silent on an issue, the contract specifications will take precedence.
A. Request for Proposal:
For each task order, the Contracting Officer will furnish the Offerors with one copy of the Request for Proposal, which lists all due dates and pertinent information pertaining to the task order. Both Offerors will be provided the same information to ensure fair opportunity. At a minimum, the information will include the statement of objectives, drawings, sketches, any relevant reports. Upon receipt of the contractor's proposal, the contracting officer will issue a task order pursuant to FAR 16.505(b), Orders under multiple award contracts. Each contractor shall be provided a fair opportunity to be considered for each order except as provided in FAR 16.505(B)(2). The following procedure will be utilized to allow a fair opportunity to each contractor.
B. Statement of Objectives:
For each task order, the Offeror will be furnished one copy of the Statement of Objectives (SOO), outlining the work to be completed. The Contractor may be provided with one set of drawings and specifications. The level of the design provided to the Contractor shall be anywhere from a Conceptual Scope of Work to a design package allowing the contractor to fully understand the scope of work and provide an accurate cost proposal. The SOO may also detail a required or desired performance period. The Offeror shall verify all contents to ensure accuracy.
C. Ordering Procedures
1. As the need arises for performance under the terms of this contract, the Contracting
Officer or his authorized representative will notify the incumbent(s) under multiple award contracts of a performance requirement. Upon receipt of this notification, the contractor shall respond to the needs of the Government within three working days by visiting the proposed site in the company of the Contracting Officer or his authorized representative.
2. The contractor will receive a conceptual scope of work (approximately 35% design) that may include sketches or drawings, depending on the complexity of the particular project.
D. Task Order Proposal Preparation
1. The contractor shall prepare a proposal to include a complete (100%) scope of work, design, construction drawings, schedules and cost estimate. In preparing the proposal, the contractor shall research existing record drawings and independently conduct as many site visits as necessary to satisfy themselves with the site conditions, which can affect the work or its cost. The contractor's proposal must be complete and supported by necessary documentation to indicate adequate engineering, planning, and cost estimating has been performed to accomplish the requirement. Documentation required includes: basis of design; engineering calculations supporting design approach; detailed scope of work; scaled sketches or drawings reflecting floor plans, elevations, sections, construction details, equipment layout, finish schedules; construction or performance time schedules; material submittal schedules; cost estimates identifying tasks; and calculations supporting quantities of materials required to perform each task.
2. The contractor shall submit his proposal to the Contracting Officer within 14 calendar days (after notice of a performance requirement) for routine task orders and 7 calendar days for emergency orders. The proposal shall be submitted with a cover letter stating the following: The contractor acknowledges funds are not currently available to award this project as a task order and understands an award will be based on future availability of funds and the contractor is selected as the provider under multiple award contracts. The contractor agrees to hold the government harmless of any costs incurred with the proposal process, including negotiations. The contractor further agrees that a negotiated cost for the project shall remain as an agreed to cost for the project for a period of one year from the date of agreement.
3. IAW FAR 16.505(a)(10)(i), no protest under FAR subpart 33.1 is authorized in connection with the issuance or proposed issuance of a task order, except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract. The contractor, in its co-efficient under the basic contract, shall include any consideration given to this standard for issuing task orders.
E. Task Order Selection Process: Each task order, unless otherwise indicated, will be selected on a lowest price technically acceptable basis IAW FAR 16.505(b) “Orders under multiple-award contracts”. Each RFP for individual task orders will communicate the technical criteria that will be evaluated. All contractors will be required to submit proposals for evaluation.
1. A price evaluation will be performed for both Offerors and the two proposals will be identified as the “lowest priced proposal” and the “second lowest priced proposal” based on Total Evaluated Price (TEP).
2. If the lowest priced proposal is determined to be technically acceptable without the necessity of conducting discussions, the task order will be awarded to that offeror.
3. If the lowest priced proposal is made technically acceptable as a result of discussions, a final proposal revision will be solicited from that offeror. If that offeror’s final revised price proposal remains the lower than the original “second lowest priced proposal”, the task order will be awarded to that offeror. If that offeror’s final revised price proposal is higher than the original “second lowest priced proposal”, the Government will begin the evaluation process as described above anew with the technical evaluation of the “new” lowest priced offeror (e.g. the original “second lowest priced proposal”).
F. Bonding: “Original Contract price” means the price payable for the minimum guarantee of $2,000. See clause
52.228-15, Performance and Payment Bonds-Construction. The Contractor shall furnish all executed bonds to the
Contracting Officer within 10 calendar days after award and before starting work.
Prior to the Government issuing a Notice to Proceed, the bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier’s check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States.
Treasury Circular 570 is published in the Federal Register, or may be obtained on-line at
Surety.Bonds@fms.treas.gov or from the U.S. Department of Treasury, Financial Management Services, Surety
Bonds Branch, 3700 East West Highway, Room 6F01 Hyattsville, MD 20782.
The offeror shall furnish two bonds each with surety or sureties acceptable to the Government in the form of a
Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A). The penal sums of such bonds shall be as follows:
For any task order obligated under this Simplified Acquisition of Base Engineering Requirements (SABER), Indefinite Delivery/Indefinite Quantity contract, the Contractor must supply:
1. Performance Bond. The penal sum of the Performance Bond shall equal one hundred percent (100%) of the task order.
2. Payment Bonds. The penal sum of the Payment Bond shall equal one hundred percent
(100%) of the task order.
CLAUSES INCORPORATED BY FULL TEXT
5352.201-9101 OMBUDSMAN (APR 2010)
(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 mailto:Surety.Bonds@fms.treas.gov 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 or
AFISRA ombudsmen, In compliance with AFFARS 5352.201-9101 OMBUDSMAN (10 AUG 2005) the AFSPC
MAJCOM Ombudsman is identified as follows: AFSPC/A7K, 150 Vandenberg Street, Peterson AFB CO 80914,
(P) 719-554-5300, (F) 719-554-5299, A7K.wf@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU or ARISRA 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.
(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.
5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUGUST 2007)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, and a valid vehicle insurance certificate 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, The Air Force Installation Security Program, and AFI 31-501, Personnel Security
Program Management, citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
http://www.whitehouse.gov/omb/circulars/a076/a76_rev2003.pdf mailto:A7K.wf@us.af.mil
5352.242-9001 COMMON ACCESS CARDS (CACs) FOR CONTRACTOR PERSONNEL (AUG 2004)
(a) For installation(s)/location(s) cited in the contract, contractors shall ensure Common Access Cards (CACs) are obtained by all contract or subcontract personnel who meet one or both of the following criteria:
(1) Require logical access to Department of Defense computer networks and systems in either:
(i) the unclassified environment; or
(ii) the classified environment where authorized by governing security directives.
(2) Perform work which requires the use of a CAC for installation entry control or physical access to facilities and buildings.
(b) Contractors and their personnel shall use the following procedures to obtain CACs:
(1) Contractors shall provide a listing of personnel authorized a CAC to the contracting officer. The contracting officer will provide a copy of the listing to the government representative in the local organization designated to authorize issuance of contractor CACs (i.e., “authorizing official”).
(2) Contractor personnel on the listing shall each complete and submit a DD Form 1172-2 or other authorized DoD electronic form to the authorizing official. The authorizing official will verify the applicant’s name against the contractor’s listing and return the DD Form 1172-2 to the contractor personnel.
(3) Contractor personnel will proceed to the nearest CAC issuance workstation (usually the local Military Personnel
Flight (MPF) with the DD Form 1172-2 and appropriate documentation to support their identification and/or citizenship. The CAC issuance workstation will then issue the CAC.
(c) While visiting or performing work on installation(s)/location(s), contractor personnel shall wear or prominently display the CAC as required by the governing local policy.
(d) During the performance period of the contract, the contractor shall:
(1) Within 7 working days of any changes to the listing of the contract personnel authorized a CAC, provide an updated listing to the contracting officer who will provide the updated listing to the authorizing official;
(2) Return CACs in accordance with local policy/directives within 7 working days of a change in status for contractor personnel who no longer require logical or physical access;
(3) Return CACs in accordance with local policy/directives within 7 working days following a CACs expiration date;
and
(4) Report lost or stolen CACs in accordance with local policy/directives.
(e) Within 7 working days following completion/termination of the contract, the contractor shall return all CACs issued to their personnel to the issuing office or the location specified by local policy/directives.
(f) Failure to comply with these requirements may result in withholding of final payment.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
1001 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-12 Inspection of Construction AUG 1996
52.246-21 Warranty of Construction MAR 1994
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 N/A N/A N/A N/A
1001 N/A N/A N/A N/A
52.211-10 Commencement, Prosecution, and Completion of Work APR 1984
52.211-13 Time Extensions SEP 2000
52.211-14 Notice Of Priority Rating For National Defense, Emergency
Preparedness, and Energy Program Use
APR 2008
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 will be identified in each Task Order 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)
Section G - Contract Administration Data
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CCOOMMPPAANNYY CCAAGGEE CCOODDEE::______________________________________
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CONTRACTING OFFICER: WWiillll bbee ddeetteerrmmiinneedd aatt tthhee ttaasskk oorrddeerr lleevveell
Construction contractors shall use the Construction Payment Invoice and attach AF Form 3065.
https://rmb.ogden.disa.mil/
Section I - Contract Clauses
52.202-1 Definitions JAN 2012
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees APR 1984
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures OCT 2010
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
JAN 1997
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct APR 2010
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards
JUL 2010
52.204-99 (Dev) System for Award Management Registration (Deviation) AUG 2012
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
DEC 2010
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
JAN 2012
52.215-2 Audit and Records--Negotiation OCT 2010
52.216-24 Limitation Of Government Liability APR 1984
52.219-8 Utilization of Small Business Concerns JAN 2011
52.219-14 Limitations On Subcontracting NOV 2011
52.219-18 Notification Of Competition Limited To Eligible 8 (A)
Concerns
JUN 2003
52.219-28 Post-Award Small Business Program Rerepresentation APR 2009
52.222-1 Notice To The Government Of Labor Disputes FEB 1997
52.222-3 Convict Labor JUN 2003
52.222-4 Contract Work Hours and Safety Standards Act - Overtime
Compensation
JUL 2005
52.222-6 Davis Bacon Act JUL 2005
52.222-7 Withholding of Funds FEB 1988
52.222-8 Payrolls and Basic Records JUN 2010
52.222-9 Apprentices and Trainees JUL 2005
52.222-10 Compliance with Copeland Act Requirements FEB 1988
52.222-11 Subcontracts (Labor Standards) JUL 2005
52.222-12 Contract Termination-Debarment FEB 1988
52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988
52.222-14 Disputes Concerning Labor Standards FEB 1988
52.222-15 Certification of Eligibility FEB 1988
52.222-21 Prohibition Of Segregated Facilities FEB 1999
52.222-26 Equal Opportunity MAR 2007
52.222-27 Affirmative Action Compliance Requirements for
Construction
FEB 1999
52.222-30 Davis-Bacon Act--Price Adjustment (None or Separately
Specified Method)
DEC 2001
52.222-35 Equal Opportunity for Veterans SEP 2010
52.222-36 Affirmative Action For Workers With Disabilities OCT 2010
52.222-37 Employment Reports on Veterans SEP 2010
52.222-50 Combating Trafficking in Persons FEB 2009
52.222-54 Employment Eligibility Verification JAN 2009
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
DEC 2007
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-6 Drug-Free Workplace MAY 2001
52.223-11 Ozone-Depleting Substances MAY 2001
52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007
52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
MAY 2008
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-11 Alt I Buy American Act--Construction Materials Under Trade
Agreements (NOV 2011) Alternate I
JUN 2009
52.225-12 Notice of Buy American Act Requirement - Construction
Materials Under Trade Agreements
FEB 2009
52.225-12 Alt II Notice of Buy American Act Requirement--Construction
Materials Under Trade Agreements (Feb 2009) Alternate II
JUN 2009
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-1 Authorization and Consent DEC 2007
52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.227-4 Patent Indemnity-Construction Contracts DEC 2007
52.227-4 Alt I Patent Indemnity-Construction Contracts (Dec 2007) -
Alternate I
DEC 2007
52.228-2 Additional Bond Security OCT 1997
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.228-11 Pledges Of Assets JAN 2012
52.228-12 Prospective Subcontractor Requests for Bonds OCT 1995
52.228-14 Irrevocable Letter of Credit DEC 1999
52.228-15 Performance and Payment Bonds--Construction OCT 2010
52.229-3 Federal, State And Local Taxes APR 2003
52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002
52.232-17 Interest OCT 2010
52.232-18 Availability Of Funds APR 1984
52.232-23 Assignment Of Claims JAN 1986
52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984
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
52.233-1 Alt I Disputes (Jul 2002) - Alternate I DEC 1991
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
52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991
52.236-14 Availability and Use of Utility Services APR 1984
52.236-15 Schedules for Construction Contracts APR 1984
52.236-16 Quantity Surveys APR 1984
52.236-17 Layout of Work APR 1984
52.236-21 Specifications and Drawings for Construction FEB 1997
52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -
Alternate I
APR 1984
52.236-26 Preconstruction Conference FEB 1995
52.242-13 Bankruptcy JUL 1995
52.242-14 Suspension of Work APR 1984
52.243-4 Changes JUN 2007
52.248-3 Value Engineering-Construction OCT 2010
52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
MAY 2004
52.249-2 Alt I Termination for Convenience of the Government (Fixed-
Price) (May 2004) - Alternate I
SEP 1996
52.249-3 Termination for Convenience of the Government
(Dismantling, Demolition, or Removal of Improvements)
MAY 2004
52.249-10 Default (Fixed-Price Construction) APR 1984
52.253-1 Computer Generated Forms JAN 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-
Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009
252.203-7004 Display of fraud hotline poster SEP 2011
252.204-7000 Disclosure Of Information DEC 1991
252.204-7006 Billing Instructions OCT 2005
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Terrorist Country
DEC 2006
252.216-7006 Ordering MAY 2011
252.219-7011 Notification to Delay Performance JUN 1998
252.223-7001 Hazard Warning Labels DEC 1991
252.223-7006 Prohibition On Storage And Disposal Of Toxic And
Hazardous Materials
APR 1993
252.223-7008 Prohibition of Hexavalent Chromium MAY 2011
252.225-7036 Buy American--Free Trade Agreement--Balance of Payments
Program
OCT 2011
252.227-7033 Rights in Shop Drawings APR 1966
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
MAR 2008
252.232-7004 DOD Progress Payment Rates OCT 2001
252.236-7000 Modification Proposals-Price Breakdown DEC 1991
252.236-7005 Airfield Safety Precautions DEC 1991
252.242-7006 Accounting System Administration MAY 2011
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment MAR 1998
52.216-18 ORDERING. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued during Period of
Performance (PoP).
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the
Schedule.
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $5,000,000.00;
(2) Any order for a combination of items in excess of $5,000,000.00; or
(3) A series of orders from the same ordering office within N/A days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the
Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and
Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after two (2) years after the date of award.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 24
Months.
52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-
DESIGNATED ITEMS (MAY 2008)
(a) Definitions. As used in this clause--
Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”
Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall--
(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and
(2) Submit this estimate to The Contracting Officer, the government’s Project Manager, and 30 th
Civil Engineering
Environmental Office (CVA).
52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (NOV
2011)
(a) Definitions. As used in this clause--
Caribbean Basin country construction material means a construction material that--
(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.
Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply (including construction material) that is--
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.
Component means an article, material, or supply incorporated directly into a construction material.
Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.
Materials purchased directly by the Government are supplies, not construction material.
Cost of components means--
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Designated…
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