MSA_gate_soliciation.pdf

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MSA Gate relocation Federal contract opportunity
Solicitation number
FA4661-12-T-0056
Issued by
Department of the Air Force Air Combat Command

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solicitation for the MSA gates relocation

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F1R2502264AQ01

This is a request for proposal (RFP). The Government intends to aw ard a f irm - Fixed Price Contract based on the availability of funds

- The acquisition w ill be a Total Small Business set aside.

-NAICS:238990 Size Standard: $14.0 M

DISCLOSURE OF MAGNITUDE: Less than $25,000

1. Remove mannually operated double gates inside MSA area at guard shack area and relocate to exterior fence line w here electric gate is now . To provide all additional post, anchors, hardw are as needeed to install existing gates. These gates w ill be manually operated.

2. The removal gate, gate opener and associated hardw ard at entrance to MSA and relocate w here the tw o manually operated gates are currently located. The furnishing of all necassry hardw are, electrical, trenching as nedded to install the existing gate.

3. The installation a new w alk gate closer to the guard house as requested. The removal and reuse of all gate openers, hardw are etc from existing w alk through gate w ith w ill be removed by us.

RFP SUBMISSION INFORMATION: Proposals may be MAILED, EMAILED or HANDCARRIEDE to the follow ing Contract Administrator:

7 CONS/LGCA

ATTN: Gregory Fortenberry, SSgt, USAF

381 Third Street, Dyess, AFB, TX 9607

Phone: 325-696-3860

Email: sean.w illiams2@dyess.af.mil

SEAN A. WILLIAMS (325) 696-1086

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

28-Sep-2012

(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

X

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 ________60 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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

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

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________29 Sep 2012 (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 _______14 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:

FA4661-12-T-0056 22

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

FA4661-12-T-0056

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each MSA Gate Relocation IAW SOW

FFP

MSA Gate Relocation IAW SOW

FOB: Destination

PURCHASE REQUEST NUMBER: F1R2502264AQ01

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 30-OCT-2012 1 7 MUNS/RA - F1R250

290 E AMMO RD

BLDG 9153 RM 114A

DYESS AFB TX 79607

DSN: 461-3047

FOB: Destination

F1R250

Section G - Contract Administration Data

CONTRACT ADMIN DATA

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. Donald L. Plumley

CONS/LGCB

381 Third Street

Dyess AFB, TX 79607

Phone: (325) 696-2353

Fax: (325) 696-4078

B. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract; 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 (i.e. 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 terms 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.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-5 Covenant Against Contingent Fees APR 1984

52.203-7 Anti-Kickback Procedures OCT 2010

52.204-7 Central Contractor Registration AUG 2012

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

AUG 2012

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

DEC 2010

52.211-13 Time Extensions SEP 2000

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.222-1 Notice To The Government Of Labor Disputes FEB 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 JUN 2010

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.222-11 Subcontracts (Labor Standards) JUL 2005

52.222-12 Contract Termination-Debarment FEB 1988

52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility FEB 1988

52.222-21 Prohibition Of Segregated Facilities FEB 1999

52.222-26 Equal Opportunity MAR 2007

52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.222-50 Combating Trafficking in Persons FEB 2009

52.223-6 Drug-Free Workplace MAY 2001

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorization and Consent DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007

52.227-23 Rights to Proposal Data (Technical) JUN 1987

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

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

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-26 Preconstruction Conference FEB 1995

52.242-14 Suspension of Work APR 1984

52.242-15 Stop-Work Order AUG 1989

52.243-5 Changes and Changed Conditions APR 1984

52.244-6 Subcontracts for Commercial Items DEC 2010

52.246-21 Warranty of Construction MAR 1994

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

SEP 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007

252.204-7006 Billing Instructions OCT 2005

252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 2012

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

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 (Contracting Officer insert number) 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 . * The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $ [Contracting Officer insert amount] 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.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012)

(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/content/table-small-business-size-standards.

(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 238120- assigned to contract number .

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

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010)

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

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act 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 information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph

(b)(3) of this clause.

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

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty

(whether or not a duty-free certificate may be issued).

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

(2) If the Government determines after contract award that an exception to the Buy American 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.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm

(End of provision

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

5352.201-9101

OMBUDSMAN (APR 2010)

(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 or AFISRA 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 or ARISRA 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

5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODSs) (APR 2003)

(a) Unless the requiring activity has obtained prior Senior Acquisition Official (SAO) approval, contractors may not:

(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or mailto:Eric.Thaxton@langley.af.mil

(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS.

[Note: This prohibition does not apply to manufacturing.]

(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and

(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

[NOTE: Material that use one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]

(c) The requiring activity has obtained SAO approval to permit the contractor to use the following Class I ODS(s):

Class I ODS/ Application or Use/Quantity (lbs.) per contract period of performance

(d) The offeror/contractor is required to notify the contracting officer if any Class I ODS that is not specifically listed above is required in the test, operation, or maintenance of any system, subsystem, item, component, or process.

5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (JUN 1997)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Comply with the specific health and safety requirements established by this contract;

(2) Comply with the health and safety rules of the Government installation that concern related activities not directly addressed in this contract;

(3) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(4) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health Standards

(AFOSH) and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (Aug 2007)

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

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security 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 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 citing the appropriate paragraphs as applicable.

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

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

Section J - List of Documents, Exhibits and Other Attachments

STATEMENT OF WORK

1. DESCRIPTION OF SERVICES: The contractor shall provide all labor, equipment, tools, material, supervision, and all other necessary items to remove, relocate, and reinstall vehicle and personnel gates and all associated equipment located at the munitions storage area main gate, adjacent to building 9109, Dyess AFB, Texas.

1. The contractor shall be responsible for all measurements. A site visit is required.

1.0 The contractor shall verify function of all keypads and motors before and after work is completed.

1.1 The contractor shall be responsible for relocating the existing sliding vehicle gate and all associated hardware, wiring, and motor at the outer location to the existing inner gate location.

1.2 The contractor shall supply new, industrial strength support rollers for the motorized gate.

1.3 The contractor shall relocate the existing outer entry keypad east approximately 108 feet.

1.4 The contractor shall relocated the existing inner exit keypad east approximately 108 feet as close to the curb as possible.

1.5 The contractor shall install 6-inch concrete filled pipe bollard, painted to match existing, 4-inches from the northeast corner of the new inner keypad location to protect the keypad head.

1.6 The contractor shall relocate the existing inner swinging vehicle gate, and all associated hardware, to the outer gate location and install in such a fashion that the gates open to the inside.

1.7 The contractor shall relocate the existing personnel gate and keypad to building 9109, perpendicular to the northeast corner.

1.8 The contractor shall install a new fencepost at the northeast corner of building 9109, no more than 2 inches from the building, buried 2 feet, secured in cement, and matching the height/style/size of the exiting poles, to attach the existing personnel gate fencing to.

1.9 The contractor shall be responsible for ensuring all hinge pins/clamps are pined, tack welded, or otherwise secured to prevent removal of the pins/hinges.

1.10 The contractor shall be responsible for the disposal of all construction debris, including any dirt, old, replaced fencing, materials, etc, off of the installation.

1.11 The contractor will ensure the MSA gate area is able to be secured overnight as it is a secure area.

1.12 The contractor shall have 40 days to complete job.

1.13 Contractor shall warranty all work for a period of one year from the date of acceptance by the government.

1.14 An AF Form 103, Base Civil Engineer Work Clearance Request, shall be completed by the contractor and approved by 7 CES prior to start of work; furthermore, the document must be renewed every 30 days until the completion of the contract. Preparation and approval of the AF Form 103 can be worked through the assigned 7 CES QAE.

1.15 Any work requiring use of an open flame or heat-producing device requires advance approval of an

AF Form 592, USAF Welding, Cutting, and Brazing Permit. Coordination and approval of the AF Form

592 can be worked through the assigned 7 CES QAE.

1.16 The contractor shall submit a request for any water or utility outage to the Contracting Officer and 7 CES

QAE at least ten (10) calendar days before scheduled outage.

1.17 The contractor will provide material submittals, O & M manuals or cut sheets, and scaled as-built drawings.

1.18 The contractor will be responsible for returning the area to the condition it was in prior to work including filling in/re-sodding any ground that is disturbed, repairing any damaged paving/concrete ,as well, as any and all damage caused but the contractor, their employees, or their equipment.

2. HAZARDOUS CONDITIONS. During the course of performing work under this contract, should the contractor find conditions existing that prevent the performance of task specified; the Contracting Officer shall be immediately notified. A confined-space permit must be obtained through the proper authorities before entering any confined space.

3. GOVERNMENT FURNISHED PROPERTY AND SERVICES. The Government will provide reasonable utilities and work space for the contractor to perform the requested duties. There are no covered or secure storage areas available. The contractor will provide all equipment and storage media necessary to perform tasks.

3.1. Toilet Facilities. Use of existing toilet facilities in the immediate work area only will be permitted.

Contractor personnel will ensure facility cleanliness is maintained at all times.

3.2 Security Police and Fire Protection. The government will provide general on-base security police and fire protection service. Security police phone extension is 696-2131 for emergencies, and 696-4100 for routine calls. Fire protection emergency phone is 911 (base phone) or 696-2117 (cell phone).

Nonemergency fire protection issues can be directed to 696-2486.

3.3. Telephone. The government shall not provide telephone services. If available, contractor may use government phones in a case of emergencies or during field and site work. No long distance telephone calls will be authorized.

4. HOURS OF OPERATION. Working hours for the contractor will normally be between the hours of

7:30 AM and 3:30 PM excluding Saturdays, Sundays, and Federal holidays and DAFB goal/family days. If the Contractor desires to work during periods other than above, additional government inspection forces may be required. The Contractor must make his/her request to the Contracting Officer five (5) calendar days in advance of his/her intention to work during other periods to allow assignment of additional inspection forces. If such force is reasonably available, the Contracting Officer may authorize the contractor to perform work during periods other than normal duty hours/days.

5. SAFETY AND HEALTH. All holes/pits/trenches/manway openings, etc, that are to be left open shall be surrounded with a 48 inch high mesh fence with highly visible orange plastic coating. The fence shall be securely anchored with tension wires and posts as required to prevent sagging and located a minimum of 3 feet from the opening so as to prevent an individual, should they fall across the fencing, from falling into the opening. Holes shall also be covered, when not being worked in, with three quarter inch plywood or a metal grating that will prevent small children from entering the hole.

5.1. OSHA Requirements. 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, instructions, pamphlets, standards and handbooks, and with the

Corps of Engineers (COE) Safety Manual 385-1-1, dated 03 Sep 96.

5.2. State Requirements. All companies who conduct business within the state of Texas must, in accordance with Texas Workman Compensation laws (Texas House Bill 62), have an approved company safety policy and an Accident Prevention Plan. The plan, approved by the Texas Workman Compensation

Commission (TWCC), shall be submitted For Information Only (FIO) in accordance with paragraph

SUBMITTAL REQUIREMENTS. In addition to meeting the TWCC requirements; the plan must also include the requirements of COE Safety Manual 385-1-1.

6. Disposition of Waste, Excess, Scrap, and Salvage Materials. The title to all waste, excess, scrap, and salvage materials generated as a direct result of this contract is vested in the Contractor - unless specifically excepted below.

Further (unless listed below in exceptions), these materials shall be disposed of off the Base by the Contractor in accordance with all applicable Federal, State, and Local Regulations. Following is a list of materials (Exceptions) that will be generated as a result of this contract and shall be turned-into the Government at a location at Dyess AFB designated by the Contracting Officer:

Exceptions: None.

7. Radiation Permits and Authorizations. Contractors contemplating the use of devices containing radioactive materials (i.e., soil moisture/density probes) or non-ionizing radiation producing equipment (radio frequency radiation emitters or lasers) while performing work on this contract must obtain written authorization/permit from the

Dyess AFB Radiation Safety Officer (RSO), 7 ADOS/SGGB. To obtain the required authorization permit, an application to bring a radioactive device on Dyess AFB must be forwarded to 7 ADOS/SGGB, 697 Hospital Road, Dyess AFB, TX 79607-1367 (this is mailing address, physical address is 880 Third St.) or (915)696-2325/3289, at least 45 days prior to the anticipated use. Without the proper authorization, Contractors will not be allowed to bring these devices on base. Also, Contractor shall provide Bioenvironmental Engineering (7 ADOS/SGGB) a copy of contractor’s radioactive materials permit and training certificates, if radioactive material will be brought onto Dyess

AFB.

8. Security Requirements.

8.1. Levels of Security. Dyess AFB security may be viewed as being one of three broad levels, the level in effect being dependent on the location or AREA of Dyess AFB in question.

8.1.1. The lowest level of security exists in “GENERAL ACCESS” areas. These areas are all of Dyess

AFB outside of the "USAF Controlled" and "USAF Restricted" areas.

8.1.2. “USAF Controlled” access areas are the mid-level security areas. Presence within the

CONTROLLED ACCESS AREA is by authorization; however, the movement of authorized personnel in and out of these AREAS is generally not impeded.

8.1.3. The highest level of security on Dyess AFB is that within the “USAF RESTRICTED AREAS”.

These areas are subdivided to be known as Protection Level 1, 2 or 3 AREAS. Work schedule requests or changes to existing schedules for work to be performed in a “USAF RESTRICTED

AREA” shall be submitted at least 7 calendar days in advance for approval and coordination of

Dyess AFB Security Forces.

8.2. Closed Base. Dyess AFB is considered a closed base. All personnel entering must have specific permission of the installation commander for entry. This permission is granted when a Contractor employee is issued an identification card. The Contracting Officer will provide information necessary to obtain identification cards. The contractor shall be responsible to ensure that all of its employees obtain, and keep on their person at all times while working on the base, a USAF identification card. Upon completion of the work or termination of an employee, the contractor shall be responsible for turn in of identification cards to the Contracting Officer or to the Pass and Registration Office of the Security

Forces.

NOTE: Failure to turn in badges will result in WITHHOLDING OF FINAL PAYMENT and revocation of any future badges issued by Pass and Registration Office to the employee and the contractor.

8.2.1. Dyess Form 173. The Dyess AFB Form 173 is subject to the privacy act of 1974, Authority: 10

U.S.C. 8012 and 5 U.S.C. 552a (b) (7). Disclosure is Mandatory: Failure to provide the information and Social Security Number (SSN) could result in denied access to the Dyess AFB installation.

8.2.1.1. Effective 1 Nov 04, a completed signed original Dyess Form 173 (Mar 04) must be delivered to Pass & ID by 0900 on the duty day prior to the desired day of entry onto Dyess AFB. The

Visitor Control Center no longer issues temporary passes to contractor personnel unless they have already been previously identified on an executed Dyess Form 173. All information on the Dyess Form 173 must be typed and the authorizing signature must be in blue or black ink.

Personal information provided on the Dyess Form 173 will be cross-referenced against state and federal criminal databases to identify those individuals possessing outstanding warrants.

Those individuals with outstanding warrants will be detained at the Visitor Control Center on the desired day of entry, and turned over to Abilene Police Department.

8.2.1.2. The approving authority (individual on the 577) can make “ink changes” in red ink to correct any errors noted on the form. All changes have to be initialed by the approval authority.

8.2.1.3. All individuals with Dyess Form 173’s will still continue to be processed via the Texas Law

Enforcement Terminal System (TLETS—police wants/warrants check). Once it is determined the individual is cleared from any wants or warrants, a copy of the Dyess Form

173 will be placed at the Tye Gate entry point. The Tye Gate Guard will use this form as an

Entry Authority List (EAL) allowing contractors onto the installation. The contractor will then be able to go to the Gate directly (not the Visitor Control Center (VCC) or Arnold Gate) and verify if their Dyess Form 173 is there. Should their Dyess Form 173 not be there, they will be directed to the VCC for issuance of an AF Form 75. At this time, someone will physically have to meet them to sponsor them onto the installation. (Reasons why the form would not be at the guard shack would be erroneous driver’s license number, erroneous information, warrant, or identified as illegal alien).

8.2.1.4. Should their Dyess Form 173 be at the Tye Gate entry point, the contractor will be told to proceed directly to the Pass and Registration Section for the 7 SFS Contractor Badge issue.

The Pass Section will have the original Dyess Form 173. Once a badge is obtained, they need only show the badge at the installation gate for entry onto the installation. Please note that neither the Security Forces Control Center nor the Tye Gate Guards will check the Dyess

Form 173 for errors. This is the responsibility of the Pass and Registration Section.

8.2.1.5. The Dyess Form 173 will be maintained at the Tye Gate entry point for 48 hours (two business days). After the specified time has expired, it will be destroyed. Should the contractor not process through Tye Gate in that 48-hour period, the contractor will require someone to physically vouch them on base to get a one day pass at the VCC so they may proceed to the Pass and Registration office for their badge. The hold period for these forms at the gate can and will be extended should rain days occur or through prior coordination with any affected agency.

8.2.2. Trusted Agent Letter for Day Labor Requests.

8.2.2.1. Purpose of Letter: To provide sponsoring authority to specific contractor individuals as identified by their sponsoring agency (7 CONS, Army Corp of Engineers, etc) to sponsor day laborers on for one day periods.

8.2.2.2. The Letter Process:

8.2.2.2.1. The sponsoring agency, in coordination with their contractor, will identify contractor individuals that require sponsoring/vouching authority. This authority is given to the contractor for the purpose of sponsoring day laborers/job site personnel sub-contracted as a result of an unexpected or new requirement not previously identified in the current contract. This authority will not be given to contractors for convenience only, but should be limited to the smallest group of manager or foreman contractor personnel needed to complete their assigned contract. It is the responsibility of the sponsoring agency to ensure the Trusted Agent Letter remains current. Additionally, all reasonable actions should occur to prevent use of this process when a known laborer/sub-contractor was required well in advance of the day labor/sub-contractor request.

(Effective Date: Immediately)

8.2.2.2.2. The sponsoring agency will provide this letter to the Pass and Registration Section who will maintain it on file. The Pass and Registration section shall post a copy of the letter at the VCC, as a reference, to verify which contractor personnel have sponsoring/vouching authority.

8.2.2.3. The Process to get Day Labors/Job Site Personnel Sub-Contracted onto the

Installation:

8.2.2.3.1. The contractor individuals identified in the Trusted Agent Letter will provide a typed or hand-written form (form will be provided by the 7 SFS) with all individuals they will sponsor onto the installation to the VCC Guard. The VCC Guard will verify the identity of all individuals on the form by checking the information against a valid

State/Federal Identification card. The VCC Guard will randomly check a percentage of the individuals via the TLETS. Should any individual not possess a valid identification card, they will be turned away at the VCC and entry to the installation denied. Pen and ink changes can be made to the form, but all information must be validated by the guard before the contractor will be allowed to proceed onto the installation with the sponsored individuals. No AF Form 75/Visitor Pass will be issued to any individual who is sponsored by the Trusted Agent Contractor, unless the sponsored individual will be driving a vehicle onto the installation. Trusted Agent Contractors are encouraged to consolidate all sponsored individuals into the smallest number of vehicles as possible to avoid the issuance of multiple AF Forms 75.

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