RFP Final.pdf
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- Multiple Award Construction Contract Federal contract opportunity
- Solicitation number
- FA4621-11-R-0010
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Request for Proposal (RFP) Multiple Award Construction Contract-McConnell AFB
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a. Project Title: Multiple Aw ard Construction Contract (MACC) - Indefinite Delivery/Indefinite Quantity
b. This acquisition is 100% Total Small Business Set-Aside. Government anticipates aw ard of up to ten (10) to Small Business f irms. The seed project is under NAICS Code 236220; Size Standard $33.5M.
c. The guaranteed minimum amount over the life of the contract is $500.00. The guaranteed minimum w ill be satisf ied by the attendance of the successful offerors at the Post Aw ard Conference.
d. The total aggregate maximum amount of all task orders shall not exceed $60 Million for the base plus all option years.
e. The "seed" project magnitude is betw een $500,000 and $1,000,000. The "seed" project shall be aw arded to the "Best Value Offeror". All subsequent task orders shall be issued after 22 Sep 2011.
f . A Bid Bond in the amount of 20% of the offer price is required for the "seed" project.
g. Please reference Section L, Instructions, Conditions and Notices to Offerors" for proper preparation of the offer and to Section M-"Evaluation Factors for Aw ard".
PATRICK BUTLER 316-759-3278
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
01-Jul-2011
(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 mandatory, X negotiable. (See _________________________Section F
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________01 Aug 2011 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
22D CONTRACTING SQUADRON - FA4621
53384 KANSAS ST STE 121
MCCONNELL AFB KS 67221-3606
FA4621
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour) Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
316-759-4507FAX:TEL: 316-759-3275 TEL: FAX:
FA4621-11-R-0010 58
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
FA4621-11-R-0010
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 UNDEFINED
MACC Basic Year (22 Sep 11-21 Sep 12)
FFP
Multiple Award Construction Contract (MACC) is a multple award construction acquisition based upon a general statement of work further defined within each individual task order. The work may consist of multiple disciplines in general construction categories and may involve design and build services for execution of a broad rane of maintenance , repair, alteration and construction projects at McConnell AFB, Kansas. The contractor shall provide all materials, equipment, tools, supervision and labor necessary to complete the work associated with each Task Order.
FOB: Destination
SIGNAL CODE: A
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
1001 UNDEFINED
OPTION MACC 1st Opt (22 Sep 12-21 Sep 13)
FFP
Multiple Award Construction Contract (MACC) is a multple award construction acquisition based upon a general statement of work further defined within each individual task order. The work may consist of multiple disciplines in general construction categories and may involve design and build services for execution of a broad rane of maintenance , repair, alteration and construction projects at McConnell AFB, Kansas. The contractor shall provide all materials, equipment, tools, supervision and labor necessary to complete the work associated with each Task Order.
UNIT UNIT PRICE MAX AMOUNT
2001 UNDEFINED
OPTION MACC 2nd Opt (22 Sep 13-21 Sep 14)
FFP
Multiple Award Construction Contract (MACC) is a multple award construction acquisition based upon a general statement of work further defined within each individual task order. The work may consist of multiple disciplines in general construction categories and may involve design and build services for execution of a broad rane of maintenance , repair, alteration and construction projects at McConnell AFB, Kansas. The contractor shall provide all materials, equipment, tools, supervision and labor necessary to complete the work associated with each Task Order.
UNIT UNIT PRICE MAX AMOUNT
3001 UNDEFINED
OPTION MACC 3rd Opt (22 Sept 14-21Sep 15)
FFP
Multiple Award Construction Contract (MACC) is a multple award construction acquisition based upon a general statement of work further defined within each individual task order. The work may consist of multiple disciplines in general construction categories and may involve design and build services for execution of a broad rane of maintenance , repair, alteration and construction projects at McConnell AFB, Kansas. The contractor shall provide all materials, equipment, tools, supervision and labor necessary to complete the Statement of Work attached to each Task Order.
UNIT UNIT PRICE MAX AMOUNT
4001 UNDEFINED
OPTION MACC 4th Opt (22 Sep 15-21 Sep 16)
FFP
Multiple Award Construction Contract (MACC) is a multple award construction acquisition based upon a general statement of work further defined within each individual task order. The work may consist of multiple disciplines in general construction categories and may involve design and build services for execution of a broad rane of maintenance , repair, alteration and construction projects at McConnell AFB, Kansas. The contractor shall provide all materials, equipment, tools, supervision and labor necessary to complete the work associated with each Task Order.
MINIMUM/MAXIMUM QUANTIIES
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table:
MINIMUM
AMOUNT
MINIMUM
QUANTITY
MAXIMUM
AMOUNT
MAXIMUM
$500.00 $60,000,000.00
Section C - Descriptions and Specifications
SPECIFICATIONS/WORK STATEMENT
See Section J Statement of Work for Multiple Award Construction Contract (MACC) Seed Project (Repair Firehouse), McConnell AFB, Kansas
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-12 Inspection of Construction AUG 1996 252.246-7000 Material Inspection And Receiving Report MAR 2008
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 22-SEP-2011 TO
21-SEP-2012
N/A 22 CES/DEU - F2Z39C
MARK RUSH
BLDG 948
(PROGRAMS AND PLANS)
MCCONNELL AFB KS 67221
316-759-4889
F2Z39C
1001 POP 22-SEP-2012 TO
21-SEP-2013
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 22-SEP-2013 TO
21-SEP-2014
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 22-SEP-2014 TO
21-SEP-2015
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 22-SEP-2015 TO
21-SEP-2016
N/A (SAME AS PREVIOUS LOCATION)
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 number of calendar days set out in each task order, after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the date specified in the task order. The time stated for completion shall include final cleanup of the premises.
(End of clause)
Section H - Special Contract Requirements
SECTION H
SPECIAL CONTRACT REQUIREMENTS
H-1 PREPARATION OF PROGRESS SCHEDULES AND REPORTS
The reports contemplated by the clause titled “Schedules for Construction Contracts” shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report. The AF Form 3064 shall be provided to the Contracting Office not later than 15 calendar days after issuance of the Notice to Proceed.
H-2 MATERIAL APPROVAL SUBMITTAL FORM (AF FORM 3000)
The contractor AF Form 3000, as contemplated by the Materials and Workmanship Clause, shall submit all material and articles requiring approval. (See attached AF Form 66, Schedule of Materials Submittals). In addition the contractor is reminded that an individual within the company who has the authority to make the certification must sign the certification on the AF Form 3000.
H-3 PAYROLL AND STATEMENTS
a. In accordance with FAR Clause 52.222-8 Payrolls and Basic Records, the contractor shall submit, within 7 calendar days after the regular payment date of the payroll week covered, for the contractor and each subcontractor, copies of weekly payrolls applicable to the contract, and weekly payroll statements of compliance. The contractor may use the Department of Labor Form WH-347, Payroll (For Contractor’s Optional Use), or a similar form that provides the same data and identical representation.
b. The contracting officer shall examine the payrolls and payroll statements to ensure compliance with the contract and any statutory or regulatory requirements. Particular attention should be given to the correctness of classifications and rates; fringe benefits payments; hours worked; deductions; and disproportionate employment ratios of laborers, apprentices or trainees to journeymen. Fringe benefits payments, contributions made, or costs incurred on other than a weekly basis shall be considered as a part of weekly payments to the extent they are creditable to the particular weekly period involved and are otherwise acceptable.
H-4 REQUIRED INSURANCE
Per FAR clause 52.228-5 (Jan 1997) entitled, “Insurance – Work on a Government Installation”, the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.
(a) Workers’ compensation and employer’s liability. The Contractor shall comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.
(b) General liability. The contractor is required to provide bodily injury liability insurance coverage written on the comprehensive form of policy of at least $1,000,000 per occurrence.
(c) Automobile liability. The contracting officer shall require 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.
H-5 TELEGRAPHIC AND TELEFAX BIDS/AMENDMENTS
Telegraphic and telefax offers are not acceptable.
H-6 ON-SITE OFFICE TRAILERS AND STORAGE TRAILERS/FACILITIES
a. The Contracting Officer will designate the exact location for the contractor’s storage area. Upon Contracting Officer’s approval, buildings and structures, which are part of the contract, may be used for storage providing the space is not required for the occupancy and the contractor accepts full responsibility for storage therein.
b. Once an exact location has been determined, the contractor can use all approved and available services (i.e., electricity, water, and sewage) at the storage area. The Contracting Officer will inform the contractor whether or not the Government shall be reimbursed (and at what rate structure) for any or all such services.
H-7 UTILITY SERVICES
The Contracting Officer has determined that Government-operated utilities are adequate and will be furnished to the contractor without charge where existing outlets are available. The contractor is responsible for installing temporary service outlets, as necessary, and charges will be made in accordance with the clause entitled “Availability and Use of Utility Services” (Contract Clause 52.236-14). The following utilities will be available: Electricity, Sewer, and Water.
H-8 ESTIMATED QUANTITIES
There may be estimated quantity line items for this project. For those estimated quantity line items, the contractor shall maintain a daily usage log and delivery/disposal tickets, if applicable. The contractor shall ensure that the superintendent/project manager and the government inspector sign the log. Copies of the signed log and applicable tickets must be provided to the Contracting Officer with each invoice for estimated quantities.
H-9 Representations and Certifications
a. All offerors in response to this solicitation shall complete electronic annual representations and certifications at http://www.bpn.gov/orca in conjunction with required registration in the Central Contractor Registration (CCR) database. (See Section K for additional applicable solicitation-specific representations and certifications).
b. Prospective contractors shall update the representations and certifications submitted to ORCA as necessary, but at least annually, to ensure they are kept current, accurate, and complete. The representations and certifications are effective until one year from date of submission or update to
ORCA.
http://www.bpn.gov/orca�
H-10 TASK ORDER PERFORMANCE PERIOD
Performance periods will be negotiated for each individual task order.
H-11 PREAWARD SITE INSPECTIONS
Contractors shall inspect project job sites with Government representatives. Any deficiencies, conflicts, or other areas of concern existing in the scope of work and/or applicable drawings should be brought to the attention of the Contracting Officer, in writing. The contractor shall also notify the Contracting Officer, in writing, upon observing any features in the design that appear to be ambiguous, confusing, conflicting, or erroneous.
H-12 NOTICE OF CONSTRUCTIVE CHANGES
No order, statement or direction of the Contracting Officer, an authorized representative of the Contracting Officer whether or not acting within the limits of their authority, or any other representatives of the Government, shall constitute a change order under the “Changes” clause of the contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless a change is issued in writing and signed by the Contracting Officer.
H-13 PRE-DESIGN AND/OR PRE-CONSTRUCTION CONFERENCE
Prior to starting work under a task order, contractors shall meet with the Contracting Officer and designated technical representative to discuss and develop mutual understandings concerning schedule and performance.
H-14 TASK ORDER ISSUANCE PROCEDURES
(a) Work under this contract will be ordered by written task orders issued on DD Form 1155 (Order for Supplies or Services) to the contractor by the Contracting Officer.
(b) Task order numbers will consist of the basic contract number followed by a 4-digit supplemental task order number. The task order number must be reflected on all correspondence related to the task order.
(c) The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed task orders.
(d) Task orders will be firm fixed price and clearly define the specific services to be performed or the performance desired. Each task order may contain additional, site or project specific, provisions. Any such additional provisions shall be a part of the Request for Proposal.
(e) Task order projects may be non-complex performance-oriented tasks requiring minimal design, may be complex construction requiring design development for design-build construction, or any combination thereof. Any estimated quantities provided in project documents are considered informational only.
Contractors must validate quantities and all features of work necessary to deliver a complete and functional project. The task order may or may not have traditional plans and specifications but may include sketches, and requests for catalog cuts, and other submittals. The following describes the procedures for each type of requirement the task order could present:
(1) Contractor-Provided Design/Design Build: MACC Contractors shall provide an initial ‘Concept’ design consisting of drawings, sketches, outline specifications, design analysis, and/or other documentation as required by the task order Statement of Work. MACC Contractors shall also provide a price proposal and may be required to include a proposed performance period. The Government will evaluate submitted proposals in accordance with task order requirements. Only the successful offeror will be required to proceed with subsequent design effort (i.e. 35%, 65%, 95% and/or 100% as stated in each task order) and execute construction.
(2) Government-Provided Design/Design-Build: MACC Contractors shall be provided a ‘Concept’ design, consisting of drawings, sketches, outline specifications, design analysis and/or other documentation as required by the task order Statement of Work. Based on the ‘Concept’ design, MACC Contractors shall provide a price proposal and may be required to include a proposed performance period. The Government will evaluate the submitted proposals in accordance with task order requirements. Only the successful offeror will be required to proceed with subsequent design effort (i.e.
35%, 65%, 95% and/or 100% as stated in each task order) and execute construction.
(3) Construction Only: MACC Contractors shall be provided a previously accomplished design which may be representative of a 35%, 65%, 95% or 100% design consisting of drawings, specifications, design analysis and/or other documentation as required by the task order Statement of Work. Based on this completed design, MACC Contractors shall provide a price proposal and may be required to include a proposed performance period (as stated in each task order). The Government will evaluate submitted price proposals in accordance with task order requirements. Only the successful offeror will proceed with construction. The design levels stated above are defined in the basic MACC Statement of Work.
(f) Task order solicitations will provide contractors with as much information as possible regarding the existing conditions of the site and any pre-existing structures.
(g) Contractors will provide a price proposal and a proposed performance period. The Government will evaluate submitted proposals according to criteria specified in the task order request for proposal (RFP).
Only the successful offeror will be required to proceed with subsequent design effort, if required, and execute construction.
(h) Task orders may be modified by the Contracting Officer. Modifications to task orders will be issued on Standard Form (SF) 30 and cite the task order number.
(i) Submission of proposals for task orders is not required. However, contractors are required to contact the Contracting Officer within two days after receipt of task order RFP if a contractor will not participate in the walk-through or submit a proposal on a task order. Failure by Offerors to participate responsibly in Site Visits and submit proposals may result in the Government not exercising the option to extend the contract or exclusion of the contractor from further competition.
H-15 COMPETITION
(a) Only contractors awarded a contract as a result of this RFP will compete for subsequent task orders.
Contractors are encouraged to participate in all site visits and submit proposals. To execute fiscal year end projects, the Government may solicit offers for projects for which funds are not certified or readily available. Submission of proposals for these acquisitions is discretionary and will have no negative impact on the contractor.
(b) Unless the Contracting Officer applies the exceptions noted below, each task order will be awarded, as a result of competition to the contractor who offers the best value to the Government considering task order evaluation criteria.
(c) The Contracting Officer reserves the right to award a task order without competition based upon a determination that:
(1) The agency need for the supplies or services are so urgent that providing a fair opportunity would result in unacceptable delays;
(2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services being ordered are unique or highly specialized;
(3) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.
H-16 DESCRIPTION OF SUBSEQUENT TASK ORDERS
(a) Task orders projects may range from $200,000 to $5,000,000 and may require either a single discipline or multi-disciplined design services. Projects may also require comprehensive interior design, lead and asbestos abatement, and incorporation of sustainable features. Some projects may require paving of roadway or airfield runways or taxiways. Some projects may require only minimal design.
(b) Technical narratives, if required, may address one or more of the following factors:
--Design --The Contractor’s technical understanding of the work --The most efficient and effective plan to accomplish the work.
--Rationale for proposed materials, type, and quantities --Sustainable design features
H-19 SUBSEQUENT TASK ORDER EVALUATION CRITERIA
Subsequent task orders may be awarded on best value, either tradeoff process or low price, low price technically acceptable, or low bid price. If the Government decides to issue the task order as a best value using the tradeoff process, award factors will vary depending on the unique requirements of each task order. In addition to price or cost, one or more of the following criteria may be considered:
(a) Past Performance – task order past performance or prior past performance on other contracts
(b) Quality of Deliverables
(c) Ability to meet schedule requirements
(d) Relevant experience
(e) Cost control
(f) Potential impact on other orders placed with the contractor
(g) Current workload
(h) Design
(i) The Contractor’s technical understanding of the work
(j) The most efficient and effective plan to accomplish the work
(k) Rationale for proposed materials, type, and quantities
(l) Sustainable design features
Section I - Contract Clauses
52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
52.203-7 Anti-Kickback Procedures OCT 2010 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
JAN 1997
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.203-14 Display of Hotline Poster(s) DEC 2007 52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards
JUL 2010
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 2011
52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 52.211-18 Variation in Estimated Quantity APR 1984 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data OCT 2010 52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-19 Notification of Ownership Changes OCT 1997 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 JUN 2003 52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-14 Limitations On Subcontracting DEC 1996 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 52.222-35 Alt I Equal Opportunity for Veterans (Sep 2010) Alternate I 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 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 Alt I Pollution Prevention and Right-to-Know Information (Aug
2003) Alternate I
AUG 2003
52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program AUG 2000 52.223-12 Refrigeration Equipment and Air Conditioners MAY 1995 52.223-13 Certification of Toxic Chemical Release Reporting AUG 2003 52.223-14 Toxic Chemical Release Reporting AUG 2003 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
MAY 2008
52.223-18 Contractor Policy to Ban Text Messaging While Driving SEP 2010 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-1 Utilization Of Indian Organizations And Indian-Owned
Economic Enterprises
JUN 2000
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 52.228-1 Bid Guarantee SEP 1996 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 SEP 2009 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 52.230-3 Disclosure And Consistency Of Cost Accounting Practices OCT 2008 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-16 Progress Payments AUG 2010 52.232-17 Interest OCT 2010 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims JAN 1986 52.232-25 Prompt Payment OCT 2008 52.232-27 Prompt Payment for Construction Contracts OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor
Registration
OCT 2003
52.233-1 Disputes JUL 2002
52.233-3 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 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-22 Design within Funding Limitations 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 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.245-1 Government Property AUG 2010 52.245-9 Use And Charges AUG 2010 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2010 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
JAN 2009
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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 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
252.215-7000 Pricing Adjustments DEC 1991 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 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
252.225-7002 Qualifying Country Sources As Subcontractors APR 2003 252.225-7012 Preference For Certain Domestic Commodities JUN 2010 252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7024 Notice and Approval of Restricted Designs APR 1984 252.227-7033 Rights in Shop Drawings APR 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
MAR 2008
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 252.236-7006 Cost Limitation JAN 1997 252.236-7013 Requirement for Competition Opportunity for American Stell
Producers, Fabricators, and Manufacturers
JAN 2009
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.244-7000 Subcontracts for Commercial Items and Commercial
Components (DoD Contracts)
NOV 2010
252.247-7023 Transportation of Supplies by Sea MAY 2002
52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)
(a) If the Contractor fails to complete the work within the time specified in the task order, the Contractor shall pay liquidated damages to the Government in an amount as set out 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.
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 $200,000.00, 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.
(2) Any order for a combination of items in excess of $5,000,000.
(3) A series of orders from the same ordering office within 120 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 15 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 23 Sep 2016 plus any extension pursuant to FAR 52.217-8 Option to Extend Contract.
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 fifteen (15) days;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty
(60) 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 five
(5) years plus any extension under FAR 52.217-8 Option to Extend Services.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code _________ assigned to contract number ___________.
(Contractor to sign and date and insert authorized signer's name and title).
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade
Goals for female participation for each trade
7.9% 6.9%
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is McConnell AFB, Sedgwick County, Kansaa.
(End of provision)
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 or the representative designated in the Task Order.
52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)
(a) Definition. Ozone-depleting substance, as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform;
or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:
“WARNING: Contains (or manufactured with, if applicable), a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.”----------------------------
The Contractor shall insert the name of the substance(s).
52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010)
(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 section 3 of the Shipping Act…
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