solicitation.pdf

F1R31A0089AQ01

This is a Request for Quote (RFQ). The government intends to aw ard a Firm-Fixed Price Contract.

- This acquisition w ill be solicited for FULL and OPEN competition

- NAICS: 238330; Size Standard: $14,500,000

- DISCLOSURE OF MAGNITUDE: Less than $25,000

- SITE VISIT: No site visit w ill be conducted

QUOTE SUBMISSION INFORMATION: Quotes can be emailed to chad.koetter@dyess.af.mil or faxed to (325) 696-8676. Quotes may also be hand carried or mailed to ATTN: A1C Koetter, 7 CONS/ LGCA, 381 Third Street, Dyess AFB, TX 79607. Email is the preferred method of submission. Please ensure w e receive your quote no later than (NLT) the date and time provided in block 13A of this document.

CONTRACT ADMINISTRATOR:

Airmen 1st Class Chad L. Koetter

1 (325) 696-2288 chad.koetter@dyess.af.mil

CHAD L. KOETTER 696-2288

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

12-Apr-2010

(RFP)

(IFB)

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 ________30 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, X negotiable. (See _________________________FAR 52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________23 Apr 2010 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

7TH CONTRACTING OFFICE

381 THIRD STREET

DYESS AFB TX 79607-1581

FA4661

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

FA4661-10-Q-0004 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

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 420 Square

Foot

Demolition Carpet (under 1000sf

FFP

Removal of existing carpet I.A.W. Statement of Objectives Sec 2.10

FOB: Destination

PURCHASE REQUEST NUMBER: F1R31A0089AQ01

SIGNAL CODE: A

NET AMT

0002 2,160 Square

Install Direct Glue Down Carpet

Install Direct Glue Down Carpet (over 1000sf). Required carpet submittal I.A.W.

Statement of Objectives Sec. 16.1.3 (a.)

FOB: Destination

0003 480 Linear

Install Vinyl Base

Install Vinyl Base (Under 1000 LF) with required submittal I.A.W. Statement of

Objectives Sec. 16.1.3 (b.)

FOB: Destination

0004 11 Linear

Install Vinyl transition Strips

Install Vinyl transition Strips (Under 1000 LF) I.A.W. Statement of Objectives

Sec.2.12 and Required Material Submittal I.A.W Statement of Objectives Sec.

16.1.3 (c.)

FOB: Destination

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

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

252.246-7000 Material Inspection And Receiving Report MAR 2008

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 30 dys. ADC 420 7 CES/OPERATIONS FLIGHT - F1R31A

718 THIRD STREET

DYESS AFB TX 79607

DSN: 461-5033

FOB: Destination

F1R31A

0002 30 dys. ADC 2,160 (SAME AS PREVIOUS LOCATION)

0003 30 dys. ADC 480 (SAME AS PREVIOUS LOCATION)

0004 30 dys. ADC 11 (SAME AS PREVIOUS LOCATION)

52.242-14 Suspension of Work APR 1984

52.242-15 Stop-Work Order AUG 1989

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 .30 days after notice to proceed. * The time stated for completion shall include final cleanup of the premises.

(End of clause)

5352.242-9000 Contractor access to Air Force installations.

CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (JUN 2002)

(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 state safety sticker 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, as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

http://www.e-publishing.af.mil/pubfiles/af/31/afi31-501/afi31-501.pdf

Section G - Contract Administration Data

CONTRACT ADMINISTRATION

G-1 CONTRACT ADMINISTRATION

(a) Following award, the 7th Contracting Squadron will administer this contract. The name, address, telephone number, and fax number of the Contracting Officer are:

Mr. Ronald G. Miller

CONS/LGCA

381 3 rd

Street

Dyess AFB, 79607

Phone: (325) 696-3685

Fax: (325) 696-4084

(b) The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the authority remains solely with the Contracting Officer. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

(c) Contractual problems, of any nature, which might occur during the life of the contract must be handled in accordance with very specific public laws and regulations (e.g. Federal Acquisition Regulation), and must be referred to the Contracting Officer for resolution. Only the Contracting Officer is authorized to formally resolve such problems. Therefore, the contractor is directed to submit all such contractual problems to the immediate attention of the Contracting Officer.

(d) Any request for contract changes/modifications shall be submitted to the Contracting Officer.

(e) All correspondence concerning this contract, such as requests for information, explanation of terms, and contract interpretations, shall be submitted to the Contracting Officer.

G-2 INVOICES AND PAYMENTS

(a) The Government will pay all invoices per the provisions of the Prompt Payment Act for Construction Contracts

(Reference FAR 52.232-27), withholding only amounts questioned by the Government or arising from claims or held as retainage.

(b) Upon completion of the work and prior to final payment, the contractor shall be required to furnish to the

Contracting Officer a Release of Claims as specified by FAR 52.232-5, Payments under Fixed-Price Construction

Contracts.

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

WAWF ADDENDUM TO DFARS 252.232-7003

NOTE: USE OF WAWF IS MANDATORY, YOU MUST SELF- REGISTER. Use of WAWF will speed up your payment processing time and allow you to monitor your payment status on-line. THERE ARE NO CHARGES OR

FEES TO USE WAWF.

After submitting your invoice in WAWF, you can access payment information at the DFAS web site at “myInvoice”

(click on the icon) found at www.dod.mil/dfas/ . Your purchase order/contract number or invoice number will be required to inquire status of your payment.

Payments may be expedited electronically via Internet through the Wide Area Work Flow (WAWF) system. For information on WAWF go to https://wawf.eb.mil . A WAWF computer based training website is available at no charge at www.wawftraining.com.

Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Limestone at

(800) 337-0371 or (800) 390-5620. Please have your order number and invoice number ready when calling about payment status.

Please enter your invoice as: CONSTRUCTION INVOICE

The following codes will be required to route your invoice(s) and include additional email in WAWF.

CAGE CODE: TBA

CONTRACT NUMBER: TBA

DELIVERY ORDER: TBA

ADMIN DODAAC: FA4661

SHIP TO F1R31A

PAY OFFICE DODAAC: F67100

INSPECTION/ ACCEPTANCE Destination

SHIPMENT NUMBER Contractor Defined

SHIPMENT DATE Date Released to Carrier

EMAIL POINT OF CONTACT LISTING: (Please send additional emails to all listed contacts):

SERVICE ACCEPTOR: TBA

CONTRACT ADMINISTRATOR: A1C Chad Koetter chad.koetter@dyess.af.mil

CONTRACTING OFFICER: Ronald G. Miller ronald.miller@dyess.af.mill

ADDITIONAL CONTACTS: Kimberly Welch kimberly.welch@dyess.af.mil

For assistance with WAWF call 1-866-618-5988 or go to www.wawftraining.com.

(End Clause) http://www.dod.mil/dfas/ https://wawf.eb.mil/ http://www.wawftraining.com/

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H-1 INSURANCE ENDORSEMENTS: Before commencing work under this contract, the Contractor shall certify in writing to the Contracting Officer 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 until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer.

H-2 NOTICE TO PROCEED: In rare instances, on those projects deemed emergencies, the Government may issue an oral confirming order prior to the issuance of the written task order. In that case, the notice to proceed shall be the date the Contractor verbally receives confirmation from the Contracting Officer.

H-3 PRECONSTRUCTION CONFERENCE SCHEDULE: Any Contractor awarded a contract resulting from this solicitation may be required to attend a preconstruction conference to be held at the 7th Contracting

Squadron Conference Room, Dyess AFB, Texas at a date and time designated by the Contracting Officer.

H-4 WORK BY GOVERNMENT: The Government reserves the right to undertake performance with

Government forces or other contractors, the same type or similar work as contracted for herein, as the

Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.

H-5 IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY: Pursuant to the “Government

Property” clause herein, the Government will furnish the item(s) of property listed below as Government-

Furnished Property to the Contractor:

H-6 GOVERNMENT-FURNISHED MATERIAL: The Government reserves the right to provide GFM that is on hand if it can be used by the Contractor to complete a contract. If GFM is to be used for a contract, only the labor costs from MEANS shall be utilized in computing the cost of the contract. The total dollar amount of the GFM shall not exceed 10% of the total contract amount in any one year.

H-7 DESIGNATION OF GOVERNMENT-FURNISHED PROPERTY ADMINISTRATOR: The

Contracting Officer may elect an authorized representative as the Property Administrator for Government furnished property to be furnished to the Contractor for performance under this contract. It is anticipated that the majority of GFM/GFE will be provided at or adjacent to the project site. In such instances, no separate transportation costs would be incurred. If transportation of GFM/GFE is other than what would normally be encountered, a separate cost would be included in the final negotiated price of the project order.

Section I - Contract Clauses

52.202-1 Definitions JUL 2004

52.204-7 Central Contractor Registration APR 2008

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.222-3 Convict Labor JUN 2003

52.222-6 Davis Bacon Act JUL 2005

52.222-7 Withholding of Funds FEB 1988

52.222-8 Payrolls and Basic Records 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

52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003

52.223-10 Waste Reduction Program AUG 2000

52.225-1 Buy American Act--Supplies FEB 2009

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.228-2 Additional Bond Security OCT 1997

52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002

52.232-23 Assignment Of Claims JAN 1986

52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984

52.232-27 Prompt Payment for Construction Contracts OCT 2008

52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002

52.233-1 Alt I Disputes (Jul 2002) - Alternate I DEC 1991

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-26 Preconstruction Conference FEB 1995

52.243-4 Changes JUN 2007

52.243-5 Changes and Changed Conditions APR 1984

52.244-6 Subcontracts for Commercial Items DEC 2009

52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984

52.253-1 Computer Generated Forms JAN 1991

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

252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.236-7001 Contract Drawings, and Specifications AUG 2000

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.246-7000 Material Inspection And Receiving Report MAR 2008

252.247-7023 Transportation of Supplies by Sea MAY 2002

252.247-7023 Alt III Transportation of Supplies by Sea (May 2002) Alternate III MAY 2002

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $262.17 for the first initial day and then $151.74 every day thereafter, for each calendar day of delay until the work is completed or accepted.

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

52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988)

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are hereby incorporated by reference in this contract.

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.

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify 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 prescribe, or (2) until

30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the

Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the

Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the

Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the

Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the

Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the

Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of--

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The

Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the

Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the

Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall--

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting

Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the

Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

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

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 (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 OMBC A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen, Mr. Eric Thaxton, 129 Andrews Street, Suite 102, Langley AFB VA 23665-2769, phone: (757)764-5372 fax: (757)764-4400 email: Eric.Thaxton@langley.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.

STATEMENT OF WORK

Statement of Objectives 22 Mar 2010

CE PROJECT #: FNWZ 10-0079

WORK ORDER: 41042

TITLE: Replace carpet

LOCATION: Bldg 8006

Statement of Objectives 22 Mar 2010

CE PROJECT #: FNWZ 10-0079

WORK ORDER: 41042

TITLE: Replace carpet

LOCATION: Bldg 8006

PROJECT MGR: A1C Julian Alberni, 7CES/CEPM, (325) 696-5621

1. SCOPE: The work covered by this project consists of the Contractor furnishing all layout, survey, plant, labor, supervision, quality control, materials, equipment, machines, tools, appliances, services, supplies, and incidentals and of performing all operations in connection with the Replace Carpet Bldg 8006, Dyess AFB, Texas, complete and in strict accordance with the plans and specifications."

2. WORKING CONDITIONS

2.1. All work shall be done with the buildings occupied and the work area unoccupied. The contractor shall coordinate all work with the occupants, the Civil Engineering contract inspector, and the Contracting Officer.

2.2. Description of Work:

1. Project Summary: In buildings 8006 on Dyess AFB. Remove and replace carpet in Bldg 8006

a. Dimension (Footprint): Demolition Carpet (under 1000 sf) 420 sq feet

b. Dimension (Footprint): Install Direct Glue Down Carpet (over 1000 sf) 2,160 sq feet

c. Dimension (Footprint): Install Vinyl Base (under 1000 lf) 480 linear feet

d. Dimension (Footprint): Install Vinyl Transition Strips (under 1000 lf) 11 linear feet

2. Project Details:

Demolish existing carpet and re-carpet room’s 102,103,104,105,106,107,108, and hallway; also installing cove base in all rooms and transition strip in hallway and rooms 102,103.

2.3. Contractor shall have all new materials required to replace existing floor coverings in a given area prior to beginning any demolition work in that area. This includes but is not limited to carpet, tile, grout, wall base, and adhesive. Installation of new floor coverings shall be accomplished in the shortest time period possible and with a minimum of inconvenience to the users of building.

2.4. Material storage shall be the Contractor’s responsibility and shall be stored off government property until ready for installation. Contractor is responsible for acclimatization of materials, as specified, prior to installation. Off site acclimatization of materials shall be at no additional cost to the government.

2.5. Contractor shall field verify all building measurements and be responsible for required carpet, tile, cove base and transition strip dimension requirements (including waste) prior to ordering new materials.

2.6. Moving and Protection of Furniture: Contractor shall not be responsible for moving any furniture, modular walls, computer equipment, and other items. Office furniture generally consists of desks, systems furniture, bookcases, file cabinets, and chairs. Damage of any kind caused by the Contractor to the building facility or accessories in the building or other Government property as a result of Contractor operations shall be repaired or replaced at no additional cost to the Government. Contractor shall plug in all electrical equipment and lights that were unplugged by him/her to accomplish work on site. Contractor shall reinstall all door stops, vent covers, outlet covers, ect, that were removed in accordance with proper tile and carpet installation.

2.7. Operations of Existing Doors: If new carpet interferes with operation of existing wood doors, Contractor shall cut door bottoms to provide minimum adequate clearance for new floor coverings as specified. Door bottoms shall be cut straight and square. Wrap door bottom with masking tape prior to cutting in order to circumvent splintering of wood. Seal door bottoms with wood sealer. All doors including existing wood, metal, and aluminum doors shall be able to operate freely without hindrance after installation of new carpet as specified.

Reinstall doors to good working condition and door hardware to be reused shall be cleaned, lubricated and adjusted. Doors that are damaged by contracting operations shall be replaced or repaired to match existing undamaged condition at no additional cost to the government.

New doors shall be of like quality and wood type and shall be finished to match existing doors.

All repairs to damaged doors shall be approved by the Contracting Officer.

2.8. Contractor shall not work or store materials in a manner that would hinder or otherwise block pedestrian circulation to exit corridors and exit doors in the event of an emergency or fire. A minimum of 44-inches clear width shall be left for access to exits at all times. Storage of materials shall be coordinated with the Contracting Officer.

2.9. Contractor shall remove and reinstall any existing cable (telephone, TV, and/or computer cable) that is attached to existing wall base or otherwise interferes with contract operations. Contractor shall reinstall all computer, TV and phone cable to the wall just above the new wall base. Cable shall be reinstalled to good operational condition after installation of new carpet and wall base. Cable damaged as a result of Contractor operations shall be repaired or replaced at no additional cost to the Government.

2.10. Contract Removal of Existing Carpet, Tile, or Cove Base. This contract contains removal of carpet, tile, or cove base by the prime contractor or any subcontractor. Contractor is responsible for damage to existing walls during demolition. Contractor will clean, repair and repaint all wall surfaces necessary to return facility to pre-construction condition. Level all floors as necessary with underlayment equal to or better than “Floorstone” as manufactured by Tamms

Industries or as recommended by the new carpet/tile manufacturer prior to installation of new carpet or tile as specified.

2.12. Installation of new floor coverings shall be accomplished in the shortest time period possible and with a minimum of inconvenience to the users of the building. Contractor shall have all new materials required to complete the installation at the project site prior to beginning any demolition work; this includes but is not limited to carpet, tile, cove base, transitions or reducers, and adhesive. Contractor shall work with the Government to the best of his/her ability on scheduling buildings for work.

2.13. The contractor shall comply with Base Fire Regulations in DAFBI 32-2001

1. Base Fire Department Phone Number is: (325) 696-2117 for emergencies.

3. WORK SCHEDULE:

Work hours shall be 7:30 a.m. to 4:30 p.m., Monday through Friday, exclusive of Federal holidays. At the option of the government and with approval of the Contracting Officer, work may be permitted on Federal holidays, weekends or after 4:30 p.m. daily at no additional cost to the government. The contractor shall provide written notice to the

Contracting Officer at least 48 hours before starting the scheduled work.

Special Conditions: The building occupants are responsible for coordinating with any contracted-services supplier when the contracted services supplier’s equipment must be removed, installed, reinstalled or be otherwise affected.

The contractor will work with the building occupants to effectively schedule the contracted-services personnel so as to adhere to the contracted schedule of work.

Work shall be scheduled and phased as required by the using agency. Contractor shall coordinate all work with the using agency and Government inspector through the Contracting Officer, or designated representative, prior to beginning work on subject project.

3.1 DOWN TIME: Down time shall be defined as delays in excess of one hour at a given period, caused by the

Government through no fault of the Contractor.

a. MEASUREMENT:

(1) Down time will be measured by the unit time-of-the-clock hour which will include all Contractor and sub-Contractor (at any tier) work forces scheduled for, or working during the hour.

(2) No delays less than one hour in duration at any given period will be measured nor considered for down time, nor will delays of less than one hour be cumulative over several time periods.

(3) Down time will not be measured/considered for delays before or after contract work schedule hours as defined in the contract General Provisions.

(4) No time after 10 minutes from the time that Contractor is notified that he can resume work after a stoppage will be considered down time.

(5) Contractor shall comply with all security requirements under paragraph 1A-13 of this specification section to qualify for down time compensation.

b. PAYMENT: Payment for down time will be made at the contract unit price for down time as shown on the bid schedule in accordance with the Contact Clause entitled Payments Under Fixed Price Construction Contracts.

4. SAFETY AND HEALTH:

4.1 All Contractor operations shall be conducted and performed in accordance with Department of Labor, OSHA requirements found in 29 CFR 1910 and 29 CFR 1926, project identified national standards, military manuals,…