FA4610-14-R-0026-0001_Con_Mod.pdf

FA4610-14-R-0026-0001

1. The Reruirement is being set aside in accordance w ith FAR 19.502-2.

2. Aw ard of this solicitation w ill result in a Firm-Fixed Price contract.

3. A Negotiable Period of Performance of 180 calendar days.

4. Specif ictions & Draw ings; See Section J.

5. The magnatude of this construction is betw een $500,000 and $1,000,000.

6. NAICS: 238220, Size Standard: $14 Million.

7. A tenative pre-proposal site visit is scheduled for 6 August 2014 at 1:00 PM PST.

8. This solicitation is being issued IAW Authority to Advertise letter dated 3 June 2014 and an aw ard w ill not be made until certif ied funds are made available.

9. Notice to offeror(s)/supplier(s): funds are not presently available for this effort, no aw ard w ill be made under this solicitation until the funds are available. The government reserves the right to cancel this solicitation, either before or after the closing date. in the event the government cancels this solication, the government has no obligation to reimburse an offeror at any cost.

10. Proposals shall be good through 30 September 2014.

HORACIO FERNANDEZ 805-605-0434

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

25-Jul-2014

(RFP)

(IFB)

X

CALL:

Repair HVAC at Building 8510

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 ________240 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, X 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.)

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 ______________08 Sep 2014 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee 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 _______33 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

03:00 PM (hour) Sealed envelopes containing offers

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

XUMU 12-1190B

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

FA4610-14-R-0026

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job 12-1129B Repair HVAC @ B 8510

FFP

The Contractor shall repair the HVAC units at Bldg 8510 IAW the Statement of Work and other attachments identified in Section J FOB: Destination

NSN: Z2JZ-00-000-0000

SIGNAL CODE: A

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

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

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

PERFORMANCE REQUIREMENTS

F-1 INSURANCE REQUIREMENTS

In accordance with the requirements of FAR 52.228-5 - Insurance Work on a Government Installation, the specific types and amounts of insurance contemplated under this contract are set forth as follows:

General liability:

Liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

Property damage liability insurance shall be required only in special circumstances as determined by the agency.

Automobile liability: Automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

F-2 ON-BASE PERFORMACE

1. Working Hours: The offeror shall perform functions called out in the contract during standard working hours. Core hours of work are 7:00 a.m. and 4:30 p.m. Pacific Standard Time (PST), excluding Saturdays, Sundays, and Federal Holidays. Standard hours for performance may be scheduled outside the core hours, but may not exceed eight hours in a workday or 40 hours in a workweek. Any work desired to be accomplished that would exceed 8 hours in a work day or 40 hours in a work week will require prior approval of the Contracting Officer. The Contractor must submit a written request to the Contracting Officer at least three (3) business days in advance.

2. Proposal Schedule: Offeror shall perform any or all functions described in the contract, specifications, and the contractors proposed work, during standard working hours in accordance with the scope specified in this contract.

3. The Contractor’s performance may be interrupted from time to time because of high priority mission schedules. For each calendar day and/or portion of a calendar day that the Contractor is removed from the job site, the contract schedule will be adjusted by one (1) calendar day.

F-3 CONSTRUCTION PERMITS

In accordance with (IAW) FAR 52.236-7 – Permits and Responsibilities, the Contractor shall obtain a construction permit for any construction work on Vandenberg Air Force Base. An AF Form 103 – Base Civil Engineering Work Clearance Request – must be submitted with all required signatures, to the Project Manager prior to beginning of performance on the job site. No work shall begin until approval of the AF Form 103 has been granted. An AF form 813 Request for Environmental Impact Analysis; will be provided prior to award, however, it is the Contractor’s responsibility to coordinate environmental issue through the base environmental office.

F-4 UTILITIES

Power and water may not be available at certain job sites depending on the location of the project, nor will they be made available by the Government. Contractor is responsible for providing temporary lighting for working at night, portable generators, and potable water.

F-5 SALVAGE MATERIALS

1. Any materials demolished or to be removed and disposed of by the Contractor shall remain the property of the Government and the Contractor shall coordinate with Defense Logistics Agency, 606-9852, Vandenberg AFB and disposed of legally.

2. The Contractor shall recycle all construction/demolition debris to the maximum extent practicable. The Contractor shall make every effort to recycle materials, such as, but not limited to concrete, bricks, asphalt, wood, and metals. Contact Recycling Center, 805-606-8438, for assistance.

F-6 HAZARDOUS WASTE REMOVAL

In addition to other contract requirements related to property disposal, including 52.223-5 – Pollution Prevention and Right-to-Know Information, and 52.236-13 – Accident Prevention, Alt 1, the Contractor shall dispose of all hazardous waste in accordance with all applicable local, federal, and state environmental laws and regulations, including but not limited to 40 CFR 260-268, Hazardous Waste Management. The Contractor shall assume the responsibility of determining what constitutes hazardous waste and complying with all environmental laws and regulations governing its removal.

F-7 WEATHER DELAYS

The Contractor’s progress schedule must take anticipated adverse weather delays into account in all weather-dependent activities to ensure timely completion of the job.

Upon acknowledgement of Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on his Daily Report, the occurrence of adverse weather and resultant impact to normally scheduled work.

Actual adverse weather delay days must prevent work on critical activities for fifty percent or more of the Contractor’s scheduled workday and must cause a delay in the work activities critical to contract completion. In order to obtain relief from contract schedule requirements, the Contractor will have to demonstrate not only that the anticipated amount of weather delay was exceeded by actual weather interruption, but also that reasonable efforts were made to compensate for such excess interruptions through changes in work hours, changes in the planned sequence of work, increased concurrent activities, or other available measures. Contemporaneous documentation of such efforts and prompt coordination with Government inspectors is encouraged (see below).

In the event that all reasonable effort to complete the required performance on schedule fail and it is determined that excessive inclement weather was the cause of that failure, the Contractor may request an extension of the project performance period for any weather delays suffered because of adverse weather beyond the number of days indicated on the chart. The number of workdays of delay added to the schedule shall be converted to calendar days by adding the appropriate number of weekend days associated with that number of workdays.

1. Adverse weather days will not be granted for other than normal workdays that the Contractor requested to work solely for the Contractor’s convenience to meet the contract performance period.

2. Any extensions to the contract because of change orders will have the normal adverse weather days figured into the extension period.

3. If the contract dictates an alternate performance period other than a normal Monday through Friday five-day workweek, an extension will be considered based on the contract requirement for a workday.

Consistent with FAR 52.249-10, Default (Fixed-Price Construction), upon the written request of the Contractor for an adjustment to the contract schedule made within ten (10) days from the beginning of the delay, the Contracting Officer will review the Contractor's documentation of weather delays and circumstances relevant to the availability of workarounds. If the Contractor requests an adjustment to the contract schedule based on the Project Manager’s review, the Contractor shall notify the Contracting Officer in writing and provide relevant information and recommendations regarding the request. The Contracting Officer shall determine whether the request should be promptly granted, deferred pending determination of cumulative weather effects during the contract performance period, denied, or some combination thereof. The reason for any deferral or denial will be simultaneously communicated to the Contractor in writing.

Upon any extension, the Contractor shall immediately submit to the Contracting Officer a revised project schedule, to meet the revised performance period.

F-8 SUBMITTALS

Submittals shall be submitted within ten (10) days of contract award, IAW Section 01 33 00, Submittal Procedures, paragraph 1.6. A schedule of submittals, shall include all project submittals from award to closeout, to include as-builts. All material submittals shall be submitted on an AF 3000 or equivalent. This shall include, but is not limited to, test reports, manufacturer’s instructions, Operation and Maintenance Data, Close-out submittals, and samples.

An electronic copy of the submittal and supporting documents, with a wet signature, shall be submitted via e-mail to the Contract Specialist with courtesy copy to the Contracting Officer who will distribute the submittal to the Project Manager. Government approval shall be annotated with a wet signature.

F-9 BONDING

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:

Performance Bond: The penal sum of the Performance Bond shall equal one hundred percent (100%) of the contract.

Payment Bonds: The penal sum of the Payment Bond shall equal one hundred percent (100%) of the contract.

F-10 IMPLEMENTING PROCEDURES FOR THE BASE ANTI-TERRORISM PROGRAM, NON

MISSION ESSENTIAL SERVICES

1.0 Policy and Scope. Terrorism is criminal activity, which can occur at anytime, anywhere, and involve any person or organization. Air Force policy is to protect, to the best of its ability, U.S. Air Force personnel, their dependents, facilities, and equipment from terrorist acts.

1.1 Concerned Individuals. This includes non-Air Force, and contractor organizations, and their personnel working on the installation at the time of a terrorist action, planned or actual.

1.2 Exercises. Based upon terrorist threat assessment guidelines, the chance of a terrorist organization committing an act of aggression on Vandenberg AFB is almost negligible. Nonetheless, there are no guarantees. We must be prepared. There is no better protection than prevention through training. Accordingly, the base anti-terrorism program will be periodically exercised (tested). Air Force and non-Air Force organizations will be expected to participate in these occasional exercises (tests). Contractor organizations, their subcontractors, and their employees who are working on Vandenberg AFB and providing services under contract which have not been specifically designated by the Government to be “essential contractor services” in support of “mission essential functions” in accordance with DFARS SUBPART 237.76 are not required to participate in these exercises but are requested, in the interests of informational awareness, to communicate to their employees and subcontractors at all tiers the information contained in these IMPLEMENTING PROCEDURES.

2.0 Sources of Authority.

2.1 AFI 31-210, The Air Force Anti-terrorism (AT) Program, as supplemented by HQ AFSPC.

2.2 30 SW OPlan 31-101, Vandenberg AFB Installation Security Plan.

2.3 30 SWI 10-218, Installation Alert Notification/Recall Procedures.

3.0 General Information. The AF Anti-terrorism Program is an established DoD policy to protect DoD personnel, dependents, facilities, and equipment from terrorist acts. At Vandenberg AFB, this also includes non-Air Force, contractor organizations, and their personnel working on the installation. It further seeks to deter or prohibit the success of terrorist acts against the USAF community through the collection and dissemination of timely threat information, informative awareness programs, and implementation of sound defensive measures. These defensive measures are defined in four levels of force protection conditions (FPCONs). The four levels of FPCONs are ALPHA, BRAVO, CHARLIE and DELTA.

3.1 FPCON Definitions.

3.1.1 ALPHA. A general threat of possible terrorist activity against personnel and facilities exists, the nature and extent of which are unpredictable. Circumstances do not justify full implementation of FPCON BRAVO measures, but certain measures from higher FPCONs may be necessary based on intelligence reports, or as a deterrent.

3.1.2 BRAVO. An increased and more predictable threat of terrorist activity exists.

3.1.3 CHARLIE. An incident occurs, or intelligence is received that indicates imminent terrorist acts against personnel and facilities.

3.1.4 DELTA. A terrorist attack occurred or intelligence indicates that terrorist action against a specific location or person is likely. Normally, this FPCON is a local condition.

3.2 FPCON Defense Measures. The terrorism FPCONs listed below describes progressive levels of defensive security measures in response to a terrorist threat to Vandenberg AFB and its assigned and attached personnel Directors or Program Managers of contractor organization will implement the defense measures on a “best effort” basis. In other words, provide uninterrupted operations support. FPCON actions will be accomplished as a secondary initiative to mission accomplishment.

3.2.1 ALPHA

a. Brief all contractor personnel of current FPCON

b. Post 30 SW VA 10-1, FPCON warning (“Real World” ALPHA)

c. Secure unused buildings, rooms, and storage areas under contractor’s control

d. Make periodic checks of parking areas under contractor’s control for unknown or suspicious vehicles

e. Identify all unknown or suspicious persons in facilities and work areas to Vandenberg AFB law enforcement at 911 or 606-3911

3.2.2 BRAVO.

a. Continue all actions required by FPCON ALPHA

b. Post 30 SW VA 10-2, FPCON warning (“Real World” BRAVO)

c. Move vehicles and objects such as crates, trash containers at least 10 meters (33 feet)

d. from buildings and 25 meters (82 feet) from certain critical buildings, especially those of a sensitive nature listed in the 30th Space Wing FPCON checklist Attachment 1

e. Remind drivers to lock parked vehicles, and check inside or outside of vehicles for suspicious packages that could be explosive or of similar harmful nature prior to operation; inform Vandenberg AFB law enforcement at 911 or 606-3911 if such is found

3.2.3 CHARLIE.

a. Continue all actions required by the previous FPCONs

b. Post 30 SW VA 10-3 FPCON warning (“Real World” CHARLIE)

c. If connected to a fire hydrant as part of construction activities, disconnect until FPCON returns to BRAVO or lower

3.2.4 DELTA.

a. Continue all actions required by the previous FPCONs

b. Post 30 SW VA 10-4, FPCON warning (“Real World” DELTA)

c. Make frequent checks of the exterior of buildings and parking area under the contractor’s control for suspicious packages that could be explosive or of similar harmful nature; inform Vandenberg AFB law enforcement at 911 or 606-3911 if such is found

d. Discontinue all administrative travel outdoors to prevent exposure to the terrorist threat

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

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 5 May 2015 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)

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 $526.50 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

Section G - Contract Administration Data

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow

(WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Construction Invoice

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

F4D3D9

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F03000 Issue By DoDAAC FA4610 Admin DoDAAC FA4610 Inspect By DoDAAC FA4610 Ext. F4D3D9 Ship To Code FA4610 Ext. F4D3D9 Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) FA4610 Ext. F4D3D9 Service Acceptor (DoDAAC) FA4610 Ext. F4D3D9 Accept at Other DoDAAC FA4610 Ext. F4D3D9 LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Collin.ewell@us.af.mil/jeffrey.grelck@us.af.mil

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Collin.ewell@us.af.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

Section I - Contract Clauses

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

JUL 2013

52.204-13 System for Award Management Maintenance JUL 2013 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

AUG 2013

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.215-2 Audit and Records--Negotiation OCT 2010 52.215-21 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data-- Modifications

OCT 2010

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns MAY 2014 52.219-14 Limitations On Subcontracting NOV 2011 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 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

52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons FEB 2009 52.222-54 Employment Eligibility Verification AUG 2013 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit MAY 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 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

52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) - Alternate I

APR 1984

52.236-23 Responsibility of the Architect-Engineer Contractor APR 1984 52.236-24 Work Oversight in Architect-Engineer Contracts APR 1984 52.236-25 Requirements for Registration of Designers JUN 2003 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items MAY 2014 52.248-3 Value Engineering-Construction OCT 2010 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding of unclassified controlled technical information NOV 2013 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

MAR 2014

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 2012

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7048 Export-Controlled Items JUN 2013 252.227-7000 Non-estoppel OCT 1966 252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7033 Rights in Shop Drawings APR 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea APR 2014

52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION 2014-O0017) (JUNE 2014) This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, dated June 12, 2014.

(a) Each service employee, laborer, or mechanic employed in the United States (the 50 States and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.

(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

(d) The Contractor Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).

(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause--

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 46 U.S.C. 40102(4) such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225- 9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

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://www.acq.osd.mil/dpap/dars/dfars/index.htm http://www.amet.gov/far/ http://farsite.hill.af.mil

5352.201-9101 OMBUDSMAN (NOV 2012)

(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 interested 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 OMBC A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the Center/MAJCOM/DRU or AFISRA ombudsmen, Col Matthew Stevens, 150 Vandenberg St, Peterson AFB, CO, 80914-1105 Commercial number 719-554-5300, Fax number 719-554-5299, A7K@US.AF.MIL Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or AFISRA level, may be brought by the interested 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

(571) 256-2397, facsimile number (571) 256-2431.

(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 (Nov 2012)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract.