Solicitation.doc

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Repair Electrical Lines - 400 Area Federal contract opportunity
Solicitation number
FA4659-10-R-0033
Issued by
Department of the Air Force Air Mobility Command

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Solicitation SF 1442

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Amendment 2.doc DOC document
JFSD 970334 Revised Drawings.pdf PDF
Amendment 1.doc DOC document
Site Visit Attendance.pdf PDF
SolicitationCoverLetter.docx DOCX document
Attachment 4 - Climatological Data.pdf PDF
JFSD970334 Material Submittal Schedule.pdf PDF
JFSD970334 100 Drawings.pdf PDF
JFSD970334 100 Specifications.pdf PDF

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Section B - Supplies or Services and Prices

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lump Sum

REPAIR ELECTRIC LINES

FFP

The contractor is to furnish all plant, labor, materials, equipment, supplies, and supervision necessary for project JFSD970334 REPAIR ELECTRIC LINES - 400 AREA (R/M). All work shall be in strict accordance to project plans and specifications.

FOB: Destination

PURCHASE REQUEST NUMBER: F2A3E10090A003

SIGNAL CODE: A

NET AMT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Destination
Government
Destination
Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12
Inspection of Construction
AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
UIC
0001
180 Days After Receipt of Notice to Proceed
1
319 CES/CEC - F2A3E1

GLORIA DARBY

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4783

FOB: Destination F2A3E1

CLAUSES INCORPORATED BY REFERENCE

52.247-34
F.O.B. Destination
NOV 1991

Section G - Contract Administration Data

WAWF

WIDE AREA WORKFLOW – RECEIPT AND ACCEPTANCE (WAWF-RA)

ELECTRONIC RECEIVING REPORT AND INVOICING INSTRUCTIONS

IN ACCORDANCE WITH DFARS 232.7002, USE OF ELECTRONIC PAYMENT REQUESTS IS MANDATORY. USE OF WAWF WILL SPEED UP YOUR PAYMENT PROCESSING TIME AND ALLOW YOU TO MONITOR YOUR PAYMENT STATUS ONLINE. THERE ARE NO CHARGES OR FEES TO USE WAWF.

Requests for payments must be submitted electronically via the Internet through the Wide Area WorkFlow – Receipt and Acceptance (WAWF-RA) system at https://wawf.eb.mil.

Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Dayton/Omaha at (800) 330-8168 or faxed to (866) 244-2894. Please have your order number and invoice number ready when contacting DFAS about payment status. You can also access payment information using the DFAS Vendor Pay Inquiry System (VPIS) web site at http://www.dod.mil/dfas/money/vendor.

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR RECEIVING REPORTS, INVOICES AND ADDITIONAL E-MAILS CORRECTLY THROUGH WAWF.

CONTRACT NUMBER:
FA4659-10-C-CXXX
DELIVERY ORDER NUMBER:
NA
TYPE OF DOCUMENT:
Construction Invoice 2 in 1
CAGE CODE:
Vendor Code
ISSUE BY DODAAC:
FA4659
ADMIN DODAAC:
FA4659
INSPECT BY DODAAC:
NA
SERVICE ACCEPTOR / SHIP TO:
BPN Number – F2A3CC
LOCAL PROCESSING OFFICE:
NA
PAY OFFICE DODAAC:
F67100 (DFAS)

SEND MORE E-MAIL NOTIFICATIONS:

CONTRACT ADMINISTRATOR:
Shane.Lind@granforks.af.mil
CONTRACTING OFFICER:
Jeremiah.Snedker@grandforks.af.mil

ADDITIONAL NOTIFICATION:

ADDITIONAL NOTIFICATION:

ADDITIONAL NOTIFICATION:

BPN ver 01.04.2006

Section H - Special Contract Requirements

SPECIAL REQUIREMENTS

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H-1. REQUIRED INSURANCE (IAW FAR 28.306(b)

Reference FAR clause entitled “Insurance....” the contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

b. 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.

c. 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.

d. Automobile Liability Insurance. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. This policy shall provide for bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of 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 $25,000 per occurrences 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-2. FEDERAL HOLIDAYS

The following Federal Legal holidays are observed by this base:

New Year's Day

1 January

Martin Luther King's Birthday

Third Monday in January

Presidents Days

Third Monday in February

Memorial Day

Last Monday in May

Independence Day

4 July

Labor Day

First Monday in September

Columbus Day

Second Monday in October

Veterans Day

11 November

Thanksgiving Day

Fourth Thursday in November

Christmas Day

25 December

H-3. PERFORMANCE AND BID REQUIREMENTS (IAW FAR 28.101-2(b) and 28.102-2)

a. A bid guarantee is required with the proposal. The offeror shall submit a bid guarantee in the form of a firm commitment, e.g., bid bond (Standard Form 24) supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return any bid guarantee, other than bid bond, to the successful offeror upon execution of contractual documents and bond (including any necessary coinsurance or reinsurance agreements) as required by the bid as accepted.

b. The amount of the bid guarantee shall be 20% of the bid price or $3 million whichever is less.

c. If the successful bidder (offeror), upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder (offeror), the contracting officer may terminate the contract for default.

d. In the event the contract is terminated for default, the offeror is liable for any cost of acquiring the work that exceeds the amount of its offer and the bid guarantee is available to offset the difference.

e. Performance and Payment Bonds. In accordance with the Miller Act (40 U.S.C. 2701-270f), the bidder to whom award is made shall, within twenty (20) calendar days after the date of award, furnish a performance bond (Standard Form 25) and a Payment Bond (Standard Form 25a), each with good and sufficient surety or sureties acceptable to the Government.

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

(2) Payment Bond:

(i) The penal sum shall be one hundred percent (100%) of the contract price.

(ii) If the contract price increases, and additional amount equal to 100 percent of the increase.

f. The contractor will not be issued a Notice to Proceed or be allowed to start work prior to furnishing the requested bond, including any necessary insurance agreements.

H-4. PREPARATION OF PROGRESS SCHEDULE AND REPORTS

The reports contemplated by the clause titled, "Schedules for Construction Contract" shall be accomplished on and in accordance with instructions pertaining to the Contract Progress Schedule and the Contract Progress Report.

H-5. PREPARATION OF MATERIAL APPROVAL SUBMITTALS

The submittals contemplated by the clause herein entitled "Material and Workmanship" shall be accomplished on and in accordance with instruction pertaining to AF Form 3000, Material Approval Submittal.

H-6. BONA FIDE NEED

This contract is subject to the bona fide need rule pursuant to 31 U.S.C Section 1502 (a). As such, the contractor must perform work or expend effort that is specified in the contract and for which payment will be made under the terms of the contract. Planning, scheduling, obtaining of bonds and other efforts is not considered evidence of performance. Ordering of materials cannot qualify if it is beyond moving of supplies or material, which are already in inventory. To be considered, materials specifically for use on the contract, the contractor must have actually incurred an obligation or made a payment to a supplier. Mobilization and on-site progress are evidence of performance for the bona fide need purposes.

H-7. TRAFFIC ENFORCEMENT OF SEAT BELT USE AND PROHIBITION OF CELLULAR PHONES

Use of a cell phone or other hand-held electronic device without a hands-free capability or a failure to wear restraints by any vehicle occupant will be reason for a “primary stop” on Grand Forks AFB. 319SFS personnel will issue the operator/passenger a DD Form 1408, Armed Forces Traffic Ticket, for these infractions.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1
Definitions
JUL 2004
52.203-3
Gratuities
APR 1984
52.203-5
Covenant Against Contingent Fees
APR 1984
52.203-7
Anti-Kickback Procedures
JUL 1995
52.203-8
Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
JAN 1997
52.203-10
Price Or Fee Adjustment For Illegal Or Improper Activity
JAN 1997
52.203-12
Limitation On Payments To Influence Certain Federal Transactions
SEP 2007
52.204-4
Printed or Copied Double-Sided on Recycled Paper
AUG 2000
52.204-7
Central Contractor Registration
APR 2008
52.204-9
Personal Identity Verification of Contractor Personnel
SEP 2007
52.209-6
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
SEP 2006
52.215-2
Audit and Records--Negotiation
MAR 2009
52.215-21
Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications
OCT 1997
52.219-3
Notice of Total HUBZone Set-Aide
JAN 1999
52.219-8 (DEV)
Utilization of Small Business Concerns (DEVIATION)
MAY 2004
52.219-14
Limitations On Subcontracting
DEC 1996
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 (Dev)
Payrolls and Basic Records (Deviation)
FEB 1988
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
52.222-35
Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans
SEP 2006
52.222-36
Affirmative Action For Workers With Disabilities
JUN 1998
52.222-37
Employment Reports On Special Disabled Veterans, Veterans Of The Vietnam Era, and Other Eligible Veterans
SEP 2006
52.222-50
Combating Trafficking in Persons
FEB 2009
52.222-54
Employment Eligibility Verification
JAN 2009
52.223-5
Pollution Prevention and Right-to-Know Information
AUG 2003
52.223-6
Drug-Free Workplace
MAY 2001
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
52.225-13
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
52.228-2
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
NOV 2006
52.229-3
Federal, State And Local Taxes
APR 2003
52.232-5
Payments under Fixed-Price Construction Contracts
SEP 2002
52.232-17
Interest
OCT 2008
52.232-23 Alt I
Assignment of Claims (Jan 1986) - Alternate I
APR 1984
52.232-27
Prompt Payment for Construction Contracts
OCT 2008
52.232-33
Payment by Electronic Funds Transfer--Central Contractor Registration
OCT 2003
52.233-1
Disputes
JUL 2002
52.233-3
Protest After Award
AUG 1996
52.233-4
Applicable Law for Breach of Contract Claim
OCT 2004
52.236-2
Differing Site Conditions
APR 1984
52.236-3
Site Investigation and Conditions Affecting the Work
APR 1984
52.236-5
Material and Workmanship
APR 1984
52.236-6
Superintendence by the Contractor
APR 1984
52.236-7
Permits and Responsibilities
NOV 1991
52.236-8
Other Contracts
APR 1984
52.236-9
Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10
Operations and Storage Areas
APR 1984
52.236-11
Use and Possession Prior to Completion
APR 1984
52.236-12
Cleaning Up
APR 1984
52.236-13
Accident Prevention
NOV 1991
52.236-14
Availability and Use of Utility Services
APR 1984
52.236-15
Schedules for Construction Contracts
APR 1984
52.236-17
Layout of Work
APR 1984
52.236-21
Specifications and Drawings for Construction
FEB 1997
52.236-26
Preconstruction Conference
FEB 1995
52.242-13
Bankruptcy
JUL 1995
52.242-14
Suspension of Work
APR 1984
52.243-4
Changes
JUN 2007
52.244-6
Subcontracts for Commercial Items
APR 2010
52.246-21
Warranty of Construction
MAR 1994
52.248-3
Value Engineering-Construction
SEP 2006
52.249-2 Alt I
Termination for Convenience of the Government (Fixed-Price) (May 2004) - Alternate I
SEP 1996
52.249-10
Default (Fixed-Price Construction)
APR 1984
52.253-1
Computer Generated Forms
JAN 1991
252.201-7000
Contracting Officer's Representative
DEC 1991
252.203-7000
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
252.204-7006
Billing Instructions
OCT 2005
252.205-7000
Provision Of Information To Cooperative Agreement Holders
DEC 1991
252.209-7004
Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country
DEC 2006
252.223-7006
Prohibition On Storage And Disposal Of Toxic And Hazardous Materials
APR 1993
252.225-7012
Preference For Certain Domestic Commodities
DEC 2008
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
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.243-7002
Requests for Equitable Adjustment
MAR 1998
252.247-7023
Transportation of Supplies by Sea
MAY 2002
252.247-7024
Notification Of Transportation Of Supplies By Sea
MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 days after receipt of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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 $418.84 for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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 237130- assigned to contract number (to be assigned at time of award).

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material

Identification No.

(If none, insert "None")

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (FEB 2009)

(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 of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

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

Construction material means an article, material, or supply brought to the construction site by the Contractor or 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 the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act 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 the construction material or components listed by the Government as follows: None

(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 Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(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.

(End of clause)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by . . . . . . . . . None

(b) Weather conditions . . . . . . . . . See Section J Attached Climate data

(c) Transportation facilities . . . . . . . . . None.

(d) . . . . . . . . . . None

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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 http://www.arnet.gov (End of clause)

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 DFARS (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

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

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

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

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

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

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

(c) In general--

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

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

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

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

Title File Drawing No.

See Section J

(End of clause)

5352.201-9101 Ombudsman.

As prescribed in 5301-9103, insert the following clause:

OMBUDSMAN (AUG 2005)

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

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

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen, Mr. Michael R. Jackson, HQ AMC/A7K, 507 Symington Drive, Scott AFB IL 62225-5022, (618) 229-0267, fax (618) 256-6668, email: michael.jackson@scott.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067.

(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.

As prescribed in 5342.490-1, insert a clause substantially the same as the following clause in solicitations and contracts:

CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (Aug 2007)

(a) The contractor shall obtain base identification and vehicle passes for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and SFS Form 74 to obtain a vehicle pass.

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

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management.

(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.

(End of clause)

PKI STATEMENT

NOTICE TO OFFERORS

Public Key Infrastructure (PKI) Information

A Department Of Defense (DoD) PKI Certificate is required for all DoD employees accessing CPARS, ACASS, and CCASS. Contractors are also encouraged to obtain and use a certificate. Non-DoD Government users may continue to access CPARS, ACASS, and CCASS without a certificate.

To determine if you have a valid DoD PKI Certificate.

https://infosec.navy.mil/certtest Frequently Asked Questions about PKI http://www.cpars.csd.disa.mil/pkifaqs.htm PKI Information:

All DoD employees (military and Civilian), including DoD Contractors that are working on site (military/government facilities) or contractors working offsite using Government Furnished Equipment (GFE) are eligible to obtain certificates from DoD PKI. If the contactor doesn't work on site or with GFE they are encouraged to obtain and use a certificate from an External Certificate Authority (ECA).

External Certificate Authority

External Certificate Authorities (ECAs) provide digital certificates to the DoD's private industry partners, contractors using their own equipment or working in non-government facilities, allied partners, and other agencies.

Approved ECA vendors:

Operational Research Consultants, Inc. (ORC) http://www.eca.orc.com

VeriSign, Inc. http://www.verisign.com/verisign-business-solutions/public-sector-solutions/ieca-eca-certificates/index.html

IdenTrust http://www.identrust.com/certificates/eca/index.html Section J - List of Documents, Exhibits and Other Attachments

SECTION J

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J

J-1

ITEM

# of Pages

1.

Heavy Wage Decision ND100014 Dated 06/04/2010

2.

Schedule of Drawings

3.

Technical Specification Table of Contents

4.

Present/Past Performance Questionnaires

5.

Financial Institution Reference Sheet

6.

Green Procurement Waiver Form

LIST OF EXTERNAL ATTACHMENTS

JFSD 970334 Technical Specifications

JFSD 970334 Drawings

3.

JFSD 970334 Material Submittal Schedule

4.

Climatological Data

General Decision Number: ND100014 06/04/2010 ND14

Superseded General Decision Number: ND20080014

State: North Dakota

Construction Type: Heavy

Counties: Burleigh, Cass, Grand Forks and Morton Counties in

North Dakota.

HEAVY CONSTRUCTION PROJECTS (Excluding Sewer & Water Line

Construction & Drainage Projects)

Modification Number Publication Date

0 03/12/2010

1 05/28/2010

2 06/04/2010

* ELEC0714-008 07/01/2009

BURLEIGH AND MORTON COUNTIES:

Rates Fringes

ELECTRICIAN

CABLE SPLICER...............$ 34.46 11.66

ELECTRICIAN.................$ 34.06 11.61

* ELEC1426-011 06/01/2009

CASS AND GRAND FORKS COUNTIES

Rates Fringes

CABLE SPLICER....................$ 26.00 7.46+12%

ELECTRICIAN......................$ 24.76 4%+4.75

SUND2000-006 05/04/2000

Rates Fringes

Laborers:

Common......................$ 9.92

Pipelayers..................$ 12.00

PAINTER

Brush, Roller, & Spray......$ 17.00

Power equipment operators:

Backhoe.....................$ 15.74 4.84

Bobcat......................$ 12.60 4.50

Bulldozer...................$ 14.41 4.50

Crane.......................$ 13.29 3.42

Front End Loader............$ 14.93

Motor Grader................$ 18.10

Scraper.....................$ 16.13

Tractor.....................$ 12.13

TRUCK DRIVER

Dump........................$ 8.50

Tandem/Semi.................$ 15.77

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator

(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

SCHEDULE OF DRAWINGS

Sheet Reference # Drawing Name

Page # Date

G-001 Cover Sheet

29-Mar-10

C-ER01

Erosion Control Plan and Details

C-ER02

Erosion Control Plan

E-001

Electrical Symbol Legend and General Notes

ED-101

G Street Electrical Demolition Plan Area “A”

ED-102

1st Ave & Contractor Road Electrical Demo Plan Area B&C

ES-101

G St Electrical Power & Lighting Renovation Plan Area A

ES-102

1st Ave Electrical Power & Lighting Renovation Plan Area B

ES-103

Contractor Rd Electrical Power & Lighting Reno Area C

EJ-101

Photometric Area A

EJ-102

Photometric Area B

EJ-103

One-Line Diagram

EJ-104

Schedules

EK-101

Details

EK-102

EK-103

TECHNICAL SPECIFICATIONS TABLE OF CONTENTS

TABLE OF CONTENTS

SPECIFICATIONS

SECTION 01 00 00

TECHNICAL PROVISIONS

SECTION 01 42 00

SOURCES FOR REFERENCE PUBLICATION

SECTION 01 57 19.00 20

TEMPORARY ENVIROMENTAL CONTROLS

SECTION 03 20 01.00 10

CONCRETE REINFORCEMENT

SECTION 03 31 00.00 10

CAST IN PLACE STRUCTURAL CONCRETE

SECTION 26 56 00

EXTERIOR LIGHTING

SECTION 31 00 00

EARTHWORK

SECTION 33 70 02 00 10

ELECTRICAL DISTRIBUTION SYSTEM, UNDERGROUND

END OF TABLE OF CONTENTS

PAST AND PRESENT PERFORMANCE QUESTIONNAIRE

A. GENERAL INFORMATION: Please correct any information below known to be inaccurate:

Contractor’s Name: ____________________ Telephone Number: ____________________

Address: __________________________ Fax Number: _________________________

__________________________ Point of Contact: ______________________

Project Title and Brief Description of Work: _____________________________________*

Contract Number Provided by Offeror: ___________________ Dollar Amount: ________*

Contract Period or Dates of Performance Provided by Offeror: ______________________*

Contractor performed as the ( Prime Contractor ( Sub-Contractor ( Key Personnel.

* Note if offeror holds or has held other contracts with your agency/organization in the last 3 years, please complete separate evaluation forms for these contracts as well.

B. RESPONDENT INFORMATION:

Name of Respondent: _____________________ Title: ____________________________

Address: _____________________ Telephone Number: __________________

____________________________ Fax Number:

Email Address: ______________________

C. FAX COMPLETED SURVEY FORM TO: Shane Lind 701-747-4215

CONTRACTOR’S NAME: _______________ CONTRACT NUMBER: _______________

D. PERFORMANCE INFORMATION: Choose the appropriate letter on the scale (E, G, S, M, U, and N) that most accurately describes the contractor’s performance or situation. PLEASE PROVIDE A NARRATIVE EXPLANATION FOR ANY RATINGS OF M or U.

E
G
S
M
U
N
Exceptional
Good
Satisfactory
Marginal
Unsatisfactory
Neutral

Performance meets contractual requirements with many exceeded to the Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with no more than a few minor problems for which corrective actions taken by the contractor were highly effective.

Performance meets contractual requirements with some exceeded to the Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with no more than some minor problems for which corrective actions taken by the contractor were effective.

Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor were satisfactory.

Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions or the contractor’s proposed actions appear only marginally effective or were not fully implemented.

Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains a serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

Performance was not observed or not applicable to the current effort being reported against.

CONTRACTOR’S NAME: _______________ CONTRACT NUMBER: _______________

Place an “X” in the appropriate column using the definitions matrix above.

The contractor:
E
G
S
M
U
N
1.
Provided experienced managers and supervisors with the technical and administrative abilities needed to meet contract requirements.
2.
Demonstrated ability to hire, maintain, coordinate, manage, and replace, if necessary, qualified personnel (including subcontractors and suppliers) during the contract period.
3.
Delegated authority to project managers and supervisors commensurate with contract requirements.
4.
Home office participated in solving significant local problems.
5.
Followed approved quality control plan.
6.
Provided effective quality control and/or inspection procedures to meet contract requirements.
7.

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