Attachment__1_-_SF_1442_Solicitation.pdf
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- Resurface Base Running Track
- Solicitation number
- FA4625-14-R-0010
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SF 1442 Solicitation
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F4E3ZA4156AQ01
REQUEST FOR PROPOSAL
FA4625-14-R-0010, Resurface Running Track, Whiteman AFB, MO.
"SEE SCHEDULE" Enter prices in Section B, Supplies or Services and Prices.
This acquistion is a small business set-aside. The magnitutde of this project is betw een $100,000 and $250,000.
NOTE: The general statement of the project magnitude is set forth above and is furnished for convenience of the prospective offeror. The actual extent of the w ork w ill be governed by the contract specif ications.
Point of contact: MSgt Taw anda Mizelle, 509 CONS/LGCA, WAFB, Missouri 660-687-2979.
TAWANDA MIZELLE 660-687-2970
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
23-Jul-2014
(RFP)
(IFB)
X
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________14 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, X negotiable. (See _________________________52.211-10
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
YES X 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 ______________22 Aug 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 _______45 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
509 CONS/LGCA - FA4625
660 10TH ST, STE 222
WHITEMAN AFB MO 65305
FA4625
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
03:30 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
660-687-7083FAX:TEL: 660-687-4291 TEL: FAX:
FA4625-14-R-0010 43
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
FA4625-14-R-0010
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Lot Resurface Running Track
FFP
Contractor is to provide labor, equipment, transportation, and materials to resurface running track. The contractor shall apply three (3) lifts of Blue 1-3 MM rubber bound with latex binder in accordance with (IAW) Statement of Work (SOW).
FOB: Destination
PURCHASE REQUEST NUMBER: F4E3ZA4156AQ01
SIGNAL CODE: A
NET AMT
Section C - Descriptions and Specifications
DESCRIPTIONS & SPECIFICATIONS
SECTION C
Descriptions and Specifications th
Contracting Squadron
Whiteman AFB, MO 65305
OFFERS ARE SOLICITED FOR: Resurface Running Track
1. Please be sure to read this entire package, including all attachments. See Section L for the required contents of your proposal.
2. Any questions concerning this solicitation may be addressed to the individual named in block 9A on the SF 1442, Solicitation, Offer, and Award. Questions are due by 11 Aug 2014, at 3:00 P.M.
Central Time. Questions received after this date may not be answered by the Government.
3. A site visit has been scheduled for 04 Aug 2014, at 10:00 A.M .Central Time. Reference FAR
52.236-27 Entitled “Site Visit (Construction)” ALT I, for site visit instructions. Site visit attendance is not mandatory for the submission of a proposal, but highly encouraged.
4. Please ensure you indicate the RFP number, closing date and time on the proposal envelope.
5. If proposals are to be hand-delivered, deliver proposals to:
th Contracting Squadron/LGCA
660 Tenth Street, Suite 223
NOTE: Due to security, there will be a delay in entering Whiteman AFB. Prior coordination with the individual listed under block 9A of the SF 1442 will be required for any hand delivered proposals. You are responsible for the delivery of your proposal by the date stated in the proposal; plan accordingly.
6. Facsimile proposals are not authorized. (See Section H)
7. Facsimile modifications to proposals will be accepted; however, the originals must be received in this office prior to award. Fax number is (660) 687-7083.
8. Evaluation will be made in accordance with Section M of this solicitation. Sections K, L, and M will be removed from the resulting award.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 N/A N/A N/A N/A
Section G - Contract Administration Data
CONTRAT ADMINSTRATION DATA
G.1 ACCOUNTING AND APPROPRIATION DATA
Refer to Block 23 of the SF 1442 (to be inserted upon award).
G.2 CONTRACT ADMINISTRATION
Contract Administration of any resultant contract will be performed by the following:
509 CONS/LGCA
660 Tenth Street Suite 223
Telephone: (660) 687-2979
G.3 INVOICING AND PAYMENT
Payment will be made upon receipt of properly prepared invoices bearing the contract number, and project number. Invoices shall be submitted Wide Area Work-flow (WAWF). All payments will be made in accordance with the Payments under Fixed-Price Construction Contracts clause, FAR 52.232-27 entitled Prompt Payment for Construction Contracts.
The following items are required for final invoice payment:
1) Final invoice
2) All certified payrolls including those for completion of punch list items
G.4 PAYMENT MADE BY AND SUBMISSION OF INVOICES
The Contractor shall submit original invoices for payment as prescribed in FAR 252.232-7003 Electronic
Submission of Payment Request (Mar 2008). Invoicing will be accomplished in accordance with clause
252.232-7006 Wide Area Work-flow Payment Instructions. Payment will be made by:
660 Tenth Street Suite 223
CLAUSES INCORPORATED BY FULL TEXT
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 Payment Invoice
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in
WAWF, as specified by the contracting officer.
Inspection - Destination / Acceptance - Destination
(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 F67100
Issue By DoDAAC FA4625
Admin DoDAAC FA4625
Inspect By DoDAAC
FA4625
Ship To Code N/A
Service Acceptor (DoDAAC) 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 e-mail address identified below in the “Send
Additional Email Notifications” field of WAWF once a document is submitted in the system.
tawanda.mizelle@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.
See Block 9
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause) mailto:tawanda.mizelle@us.af.mil
Section H - Special Contract Requirements
SPECIAL CONTRACT REQUIREMENTS
H-1 BASE ACCESS
Occasionally it is necessary to require either early release of Whiteman AFB personnel, late reporting, or even total base closure when weather conditions make normal travel unsafe. When weather conditions cause one of the above situations, Contractor personnel will be denied access to the base unless they have been notified that their contract service has been determined essential. For base closure or late reporting during inclement weather, listen to radio stations KOKO (1450 AM), DVEQ (104.0 FM), KPRS (103.3 FM), KDRO (1490 AM), KXKX (105.7 FM), KSIS (1050 AM), KLRQ (96.1 FM) KDKD (1280 AM/95.3 FM), and / or watch television stations KMBC (Channel 9) and WAFC Cable (channel 41).
Normal working hours are from 7:00 A.M. to 5:00 P.M, Monday through Friday. Any work anticipated or planned must be approved by the Contracting Officer, in writing, prior to that work being completed.
H-2 REQUIRED INSURANCE (IAW FAR 28.306(b))
Reference FAR clause 52.228-5, 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. Workmen's Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory.
The required Workmen's Compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of
$100,000.
b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of
$500,000 per occurrence shall be required on the comprehensive form of policy.
c. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and
$20,000 per occurrence for property damage shall be required.
Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribed or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.
H-3 BONDS OR SURETIES
The Contractor will be required to furnish a sufficient surety in accordance with FAR 28.102-3. See contract clause 52.228-13, Alternate Payment Protection for the selected sureties applicable to this requirement. The Contractor is responsible for providing one of the sureties listed under clause
52.228-13, Alternate Payment Protection.
Note: A Notice to proceed will not be issued and no work shall begin until good and sufficient surety has been received and accepted by the Contracting Officer.
H-4 RECEIPT OF PROPOSALS
Proposals will not be considered “received” until physically delivered to the following address:
509 Contracting Squadron/LGCA
660 Tenth Street, Suite 223 Whiteman
AFB MO 65305-5344
H-5 TAXES
The Missouri Department of Revenue agrees that Contractors, Subcontractors and material suppliers may claim an exemption from Missouri sales and use tax with respect to tangible personal property and materials purchased or used for the purpose of constructing, repairing or remodeling facilities for the United States of America, its agencies and instrumentalities ("the United States").
Therefore, the Contracting Officer shall provide a project exemption certificate to the successful
Contractor awarded this project upon request. The Contractor shall further provide the project exemption to all Subcontractors purchasing construction materials for this project.
NOTE: THE PROJECT EXEMPTION CERTIFICATE DOES NOT ALLOW CONTRACTORS
TO PURCHASE MACHINERY, EQUIPMENT, OR TOOLS USED IN FULFILLING THIS
CONTRACT, TAX EXEMPT.
H-6 SECURITY REQUIREMENTS FOR UNCLASSIFIED CONTRACTS
1. Listing Of Employees. The on-base Contractor senior representative shall maintain a current listing of employees. The list shall be provided to the Contracting Officer and sponsoring agency’s security manager. An updated listing shall be provided when an employee's status or information changes.
2. Weapons, Firearms, and Ammunition. Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or within their Contractor-owned or privately owned vehicle while on Whiteman AFB.
3. Physical Security. The Contractor shall be responsible for safeguarding all government property and controlled forms provided for Contractor use. At the end of each work period, all government facilities, equipment, and materials shall be secured.
H-7 MATERIAL APPROVAL SUBMITTAL FORM (AF FORM 3000)
All material and articles requiring approval, as contemplated by the Materials and
Workmanship Clause (FAR 52.236-5), shall be submitted by the Contractor using AF Form
3000. These submittals shall be brought to the pre-construction conference. In addition, the
Contractor is reminded that the certification on the AF Form 3000 must be signed by an individual within the company who has authority to make the certification.
The two material submittals that are required of the Contractor are:
1. Rubber Bound with Latex Binder
2. Polyuretahne Structual Spray
3. Line Striping Paint – 4 paper copies of catalog data
H-8 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” (Reference Clause FAR
52.236-14)
Damage to Utilities.
(a) In the event of a Contractor caused utility failure/disruption, the Contractor will first make the area safe, then immediately contact the Base Civil Engineer Call Desk and Contracting officer.
(b) Repairs to Contractor-damaged utilities will be performed in a timely manner and at no additional cost to the Government.
H-9 TELEGRAPHIC AND TELEFAX OFFERS/AMENDMENTS
Telegraphic and telefax offers are not acceptable. Offerors may telefax changes to their offers to 660-687-7083 (Telefax number). The change must arrive at the place specified in the solicitation prior to the time set for receipt of offers. Changes received after this time will not be considered.
H-10 ON SITE STORAGE OF MATERIALS
On-site storage of materials must be coordinated and approved through the Contracting
Officer, preferrably at the pre-construction conference. The Contractor is responsible for securing all materials to maintain physical custody as well as adhering to clause 52.236-12, Cleaning Up.
H-11 ENVIRONMENTAL PROVISIONS
Environmental Impact. All waste materials generated by the Contractor or any work under the contract performed on a government installation shall be handled, transported, stored, and disposed of by the
Contractor and by his/her Subcontractors at any time in accordance with all applicable Federal, state, or local laws, ordinances, regulations, court orders, or other types of rules or rulings having the effect of law, including but not limited to Executive Order 12088, 13 October 1978; the Federal Water Pollution
Control Act, as amended (33 USC Sec 1251 ET SEQ); the Clean Air Act, as amended (42 USC SEC
1857 ET SEQ); the Endangered Species Act, as amended (16 USC Sec 1531, ET SEQ); the Toxic
Substance control Act, as amended (15 USC Sec 2601 ET SEQ); the National Historic Preservation Act, as amended (16 USC Sec 470, ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 USC Sec 460, ET SEQ); the Estimate of and Percentage of Recovered Material Content for EPA Designated (Products) [Aug 2000]; and the Waste Reduction Program [Aug 2000] as required by the Resources Conservation and Recover Act of 1976, as amended (42 USC 6926 (I)(2)(C)).
1. Environmental References – The Contractor is responsible for strict adherence to any local, state, or Federal environmental regulations relating to this contract. 509 CES/CEV is the base point of contact for environmental compliance / non-compliance issues and if applicable, will provide the
Contractor a briefing of environmental requirements at the pre-performance conference for this contract. Additionally, the Contractor shall contact the Contracting Officer whenever interpretations of environmental regulations are required.
2. Hazardous Material Submittal Requirements:
(a) Submittals shall be required for all hazardous materials (most materials contain hazardous constituents). For the purposes of this contract, hazardous material shall be defined as any material or mixture of materials, which may present a danger to the public health, occupational safety, or the environment and includes:
(1) Materials containing chemicals defined under Section 1910.122 (c) of Title 29 of the code of
Federal Regulations (CFR), any extremely hazardous substance listed in 40 CFR part 355, and any pesticide for which a registration has been canceled or suspended under the provisions of the Missouri
Pesticide Registration Act, Section 281.210 through Section 281.310 of the Revised Statutes of
Missouri (RSMO) and 2 Code of State Regulations (C.S.R.) 70-25.010 et seg. Or under the Federal
Environmental Pesticide Control provisions of the 7 United States Code (U.S.C.) Section 136, et sect., and;
(2) Materials containing any element, compound, mixture, solution, or substance as designated pursuant to sections 101(14) and 102 of the Comprehensive Environmental Response, Compensation, and Liabilities Act of 1980 (CERCLA), codified at 42 U.S.C. Sections
9601 (14) and 9602, or requiring notice pursuant to Section 304 of the Emergency Planning and
Community Right-to-Know- Act of 1986, codified at 42 U.S.C. Section 11004, and;
(3) Any hazardous material, or group or class or material, designated as hazardous by the
United States Secretary of Transportation under 49 U.S.C. Section 5130.
(b) Prior to Contractor transporting any hazardous material onto Whiteman Air Force Base, the
Contractor must provide a current copy of the manufacturer’s Material Safety Data Sheet (MSDS) to the Contracting Officer for certification. The Contractor must ensure the MSDS contains at minimum, the following information and additional documentation from the manufacturer defining the values of items not directly addressed by the MSDS:
(1) Manufacturer’s Name
(2) List 100% hazardous components
(3) Chemical Abstract Number (CAS Number) for each chemical component
(4) Specific Gravity / Unit Volume and or Unit Weight
(5) pH (Acidity or Alkalinity) if applicable
(6) Flash Point / Ignitability
(7) Exact Weight in pounds / ounces of the material initially brought on base
(c) No hazardous materials for this contract shall be allowed on base until the Contractor has received written approval of the submittal for the material in question from the Contracting Officer. If the
Contractor’s intent is to bring more of the product (same manufacturer) on base property after the product has received approval, only a weight submittal will be required. If it is a different manufacturer from that originally submitted, then a new MSDS submittal will be required.
(d) All material tracking shall be done on the Hazardous Material Tracking List which must be; (1) submitted initially, (2) whenever new hazardous materials are added to the contract (minimum of 60 days between update), and (3) a final update when leftover materials are removed upon completion of the contract. Prior to final acceptance of this contract, the Contractor must submit a listing of all hazardous materials relating to this contract. The Hazardous Material Tracking List will include the product name, manufacturer, and exact weight of material remaining.
(e) When special haul routes are required to deliver or remove hazardous materials for this contract, it shall be addressed by the Contracting Officer during review and approval of each hazardous material submittal.
3. Hazardous Wastes Disposal Requirements:
(a) All hazardous wastes generated by this contract shall be handled in the manner required by the State of Missouri and Federal regulations (RSMO 10 CSR, 40 CFR, and 49 CFR). For this contract, hazardous waste shall be defined as any solid wastes satisfying the criteria listed in 40
CFR 261:3.
(b) The Contractor shall ensure wastes generated by this contract that have been chemically altered during this contract are sampled and analyzed to establish levels of all possible Resource
Conservation Recovery Act contaminates.
(c) Contractor shall perform all required training and notifications concerning hazardous waste or materials related to Contractor’s activities and maintain an on-site listing of employees so trained.
(d) The Contractor shall be responsible for proper labeling, containerization, handling, and storage of hazardous wastes created from this contract.
(e) As required by 40 CFR, Whiteman Air Force Base is the “generator” of all hazardous wastes originating within the confines of the installation, and as such is required to certify all hazardous waste is properly prepared and shipped by signing the manifest for off-site transport. All hazardous waste shipments shall be initiated by completion of a “Hazardous Waste Manifest” EPA Form 8700-22 (Rev.
9-94) MDNR-HWG 10, obtainable from the Missouri Department of Natural Resources. The
Contractor shall be responsible for obtaining all necessary manifest forms and for proper completion of each required by this contract.
(1) The Contractor shall obtain all manifest numbers from 509 CES/CEV.
(2) Each manifest line item must have the quantity listed on the manifest in pounds except
Polychlorinated Biphenyls (PCBS) which shall have the quantity listed in kilograms.
(3) Each manifest line item must have supporting documentation to allow proper chemical characterization of the hazards as defined in 40 CFR and MO 10 CSR. Sampling and analysis will be required on all wastes, which have been contaminated or altered during the course of this contract.
(4) The Contractor shall insure all hazardous wastes are moved off base only by properly licensed hazardous waste transporters and are sent to properly licensed disposal facilities.
(5) 509 CES/CEV shall be the only authorized agency to sign each manifest for wastes being transported off Whiteman Air Force Base. Each shipment must be evaluated by 509 CES/CEV for compliance with applicable environmental regulations prior to signing the manifest. The Contractor shall retain the responsibility for correction of all discrepancies noted during the pre- transport evaluation. (Note: CEV personnel are present only during 7:30 a.m. to 4:30 p.m. on normal working days, Monday through Friday.)
4. Inspection Liability:
(a) The Contractor must understand that any operations on Whiteman Air Force Base property are fully inspectable (on a no-notice basis) by the Department of Defense, the Department of the Air
Force, Missouri Department of Natural Resources (MDNR), Environmental Protection Agency (EPA), Occupational Health and Safety Agency (OSHA), and other federal regulatory agencies. Compliance with all environmental requirements pertaining to this contract is mandatory.
(b) The Contractor is subject to no-notice inspections of all activities related to the project by
509 CES/CEV (Base Environmental Flight). Issues of non-compliance will be addressed directly to the Contracting Officer or his/her representative to ensure rapid correction of unsatisfactory features.
(c) The Contractor is liable to the Air Force for any fines, penalties, or environmental assessments levied against the Air Force by any environmental regulatory agency that arise from, or relate to, the
Contractor’s performance of this contract, or the Contractor’s failure to perform as specified by the contract. Any such liability may result in an equitable adjustment to the contract price, establishment of a contract debt, or recovery by the government under any other judicial, administrative, or contractual remedy as may be available to the Government.
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
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
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.222-3 Convict Labor JUN 2003
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
52.222-50 Combating Trafficking in Persons FEB 2009
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.228-14 Irrevocable Letter of Credit MAY 2014
52.232-5 Payments under Fixed-Price Construction Contracts 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
52.233-1 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
52.236-7 Permits and Responsibilities NOV 1991
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
52.236-17 Layout of Work APR 1984
52.236-26 Preconstruction Conference FEB 1995
52.242-14 Suspension of Work APR 1984
52.243-5 Changes and Changed Conditions APR 1984
52.246-1 Contractor Inspection Requirements APR 1984
52.246-21 Warranty of Construction MAR 1994
52.249-1 Termination For Convenience Of The Government (Fixed
Price) (Short Form)
APR 1984
52.249-10 Default (Fixed-Price Construction) APR 1984
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
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.223-7006 Prohibition On Storage And Disposal Of Toxic And
Hazardous Materials
APR 2012
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.236-7000 Modification Proposals-Price Breakdown DEC 1991
252.243-7001 Pricing Of Contract Modifications DEC 1991
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 14 days. The time stated for completion shall include final cleanup of the premises.
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 $286.27 for the first calendar day, and $203.63 for each calendar day of delay after, 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.
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)
(a) Definition.
"Small business concern," as used in this clause, 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 size standards in this solicitation.
(b) Applicability. This clause applies only to--
(1) Contracts that have been totally set aside or reserved for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and
16.505(b)(2)(i)(F).
(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.
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.
52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)
(a) The Contractor shall submit one of the following payment protections:
Irrevocable Letter of Credit (ILC)
Payment Bond
(b) The amount of the payment protection shall be 100 percent of the contract price.
(c) The submission of the payment protection is required within 10 days of contract award.
(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.
(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the
Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.
(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquistion Regulation Supplement (48 CFR
Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
http://farsite.hill.af.mil/
252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)
(a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of contract payments, up to the amount of tax debt.
(b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in writing, with a copy to the Administrative Contracting Officer, and shall provide--
(1) The total dollar amount of the levy;
(2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including rationale and adequate supporting documentation; and
(3) Advice as to whether the inability to perform may adversely affect national security, including rationale and adequate supporting documentation.
(c) DoD shall promptly review the Contractor's assessment, and the Procuring Contracting Officer shall provide a written notification to the Contractor including--
(1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and
(2)(i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect national security, the total amount of the monies collected that should be returned to the Contractor; or
(ii) If the levy may result in an inability to perform the contract but will not impact national security, a recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation.
(d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act.
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 OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, AFICA/KG
Col Fiona A. Christianson
66 Kenney Avenue
Barksdale AFB LA 71110
318-456-6336 ig.afica_kg.workflow@us.af.mil
Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/HQ
AFICA/AFISRA/SMC ombudsman 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) 256-2395, 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.
(end of clause)
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. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and EAL to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
mailto:ig.afica_kg.workflow@us.af.mil
(end of clause)
Section K - Representations, Certifications and Other Statements of Offerors
52.225-25…
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