MACC_solicitation_amendment_6_dated_10_Oct_2013.pdf
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- Holloman AFB MACC Federal contract opportunity
- Solicitation number
- FA4801-11-R-0003
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FA4801-11-R-0003-0002
1. This procurement is a 100% Small Business Set-Aside.
2. Multiple Aw ard Construction Contract (MACC) Indefinite Delivery, Indefinite Quantity (IDIQ) contract for Holloman Air Force Base, New
Mexico. A site visit is scheduled for 5 September 2013 to view demonstration project for proposals. Only one site visit w ill be held. Site
Visit(s) for each Task Order (TO) w ill be held after contract aw ard and scheduled as required.
3. Please enter your Cage Code, Tax Identif ication Number (TIN), and DUNS Number in Block 14.
4. A separate Notice to Proceed w ill be issued for each task order.
5. The designated NAICS Code is: 236220.
6. The maximum contract value/program value is $75,000,000. The minimum contract value per task order is $2,000.00.
7. The DFAS off ice responsible for payment w ill be identif ied in each task order.
8. “Notice to Offerors: Funds are not presently available for this effort. No aw ard w ill be made under this solicitation until funds are available.
The Government reserves the right to cancel this solicitation; the Government has no obligation to reimburse an offeror for any costs.
CONTINUED AT SECTION B OF SOLICITATION...
LAURA SANCHEZ 575-572-2099
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
19-Aug-2013
(RFP)
(IFB)
X
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________2 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________14 Nov 2013 (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 _______240 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
49CONS - FA4801
490 FIRST STREET
SUITE 2160, BLDG 29
HOLLOMAN AFB NM 88330-8277
FA4801
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
04:30 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
575-572-7333FAX:TEL: 575-572-3040 TEL: FAX:
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
FA4801-11-R-0003
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 UNDEFINED Lump
Sum
MACC - Base Year
FFP
Ordering Period: From date of award through 365 calendar days. Multiple
Award Construction Contract (MACC) is a multiple award, design-build indefinite delivery/indefinite quantity (IDIQ) contract. Contractor shall provide design/build construction services in accordance with this basic contract SOW and attachments, and as further specified in each task order. This acquisition will provide a broad range of maintenance, repair and construction work on real property at Holloman AFB, NM and on federal real property within a 100-mile radius (excluding Texas) of Holloman AFB, NM, such as bombing ranges and water pipelines. All delivery order proposals shall be priced by multiplying total direct costs by the FEP rate for this period. FEP rate for this period:____(To be filled in by the Govt Contracting Officer upon award, if any)_______________
FOB: Destination
SIGNAL CODE: A
(leave blank)
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
0002 UNDEFINED Lump
Mobilization:
This CLIN may or may not be used in lieu of a design-build construction project to issue Task Order 0001 upon award of the initial IDIQ contract. The contractor shall initiate mobilization activities to include execution of the proposed staffing plan and other business relationships required to perform this contract, as proposed and in accordance with the Statement of Work. The entire amount of this order shall be deducted from the price of the next construction project awarded under this contract (Task Order 0002, if awarded). A task order against this CLIN, if awarded, shall meet the guaranteed contract minimum.
UNIT UNIT PRICE MAX AMOUNT
1001 UNDEFINED Lump
OPTION MACC - Option Year 1
Ordering Period: From date of Base Year end through 365 calendar days.
Multiple Award Construction Contract (MACC) is a multiple award, design-build indefinite delivery/indefinite quantity (IDIQ) contract. Contractor shall provide design/build construction services i.a.w. this basic contract SOW and attachments, and as further specified in each task order. This acquisition will provide a broad range of maintenance, repair and construction work on real property at Holloman AFB, NM and on federal real property within a 100-mile radius (excluding Texas) of Holloman AFB, NM, such as bombing ranges and water pipelines. All task order proposals shall be priced by multiplying total direct costs by the FEP rate for this period. FEP rate for this period:____(To be filled in by the Govt Contracting Officer upon award, if any)_______________
UNIT UNIT PRICE MAX AMOUNT
2001 UNDEFINED Lump
OPTION MACC - Option Year 2
Ordering Period: From date of Option Year 1 end through 365 calendar days.
Multiple Award Construction Contract (MACC) is a multiple award, design-build indefinite delivery/indefinite quantity (IDIQ) contract. Contractor shall provide design/build construction services i.a.w. this basic contract SOW and attachments, and as further specified in each task order. This acquisition will provide a broad range of maintenance, repair and construction work on real property at Holloman AFB, NM and on federal real property within a 100-mile radius (excluding Texas) of Holloman AFB, NM, such as bombing ranges and water pipelines. All task order proposals shall be priced by multiplying total direct costs by the FEP rate for this period. FEP rate for this period:____(To be filled in by the Govt Contracting Officer upon award, if any)_______________
UNIT UNIT PRICE MAX AMOUNT
3001 UNDEFINED Lump
OPTION MACC - Option Year 3
Ordering Period: From date of Option Year 2 end through 365 calendar days.
Multiple Award Construction Contract (MACC) is a multiple award, design-build indefinite delivery/indefinite quantity (IDIQ) contract. Contractor shall provide design/build construction services i.a.w. this basic contract SOW and attachments, and as further specified in each task order. This acquisition will provide a broad range of maintenance, repair and construction work on real property at Holloman AFB, NM and on federal real property within a 100-mile radius (excluding Texas) of Holloman AFB, NM, such as bombing ranges and water pipelines. All task order proposals shall be priced by multiplying total direct costs by the FEP rate for this period. FEP rate for this period:____(To be filled in by the Govt Contracting Officer upon award, if any)_______________
UNIT UNIT PRICE MAX AMOUNT
4001 UNDEFINED Lump
OPTION MACC - Option Year 4
Ordering Period: From date of award through 365 calendar days. Multiple
Award Construction Contract (MACC) is a multiple award, design-build indefinite delivery/indefinite quantity (IDIQ) contract. Contractor shall provide design/build construction services i.a.w. this basic contract SOW and attachments, and as further specified in each task order. This acquisition will provide a broad range of maintenance, repair and construction work on real property at Holloman AFB, NM and on federal real property within a 100-mile radius (excluding Texas) of Holloman AFB, NM, such as bombing ranges and water pipelines. All task order proposals shall be priced by multiplying total direct costs by the FEP rate for this period. FEP rate for this period:____(To be filled in by the Govt Contracting Officer upon award, if any)_______________
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
1.00 $2,000.00 600.00 $75,000,000.00
DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE
The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each
Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
1.00 $2,000.00 600.00 $5,750,000.00
CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE
The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and
CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.
CLIN
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
0001 1.00 $2,000.00 120.00 $15,000,000.00
0002 0.00 $2,000.00 1.00 $2,000.00
1001 0.00 $0.00 120.00 $15,000,000.00
2001 0.00 $0.00 120.00 $15,000,000.00
3001 0.00 $0.00 120.00 $15,000,000.00
4001 0.00 $0.00 120.00 $15,000,000.00
CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE
The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.
CLIN
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
0001 1.00
$2,000.00
1.00
$5,750,000.00
SCHEDULE B
SCHEDULE B - PRICES
I. FIXED ELEMENT PRICING RATES (FEP).
The offeror shall fill in the blanks below with its proposed Fixed Element Pricting Rate for each period. “Fixed
Element Pricing Rate” means a numerical factor that is applied to “total direct costs” to calculate the amount for
“indirect costs” and profit for a future task order proposal. See the SOW for additional description. The FEP rates proposed by the offeror below, and accepted by the Government, are incorporated upon contract award and are binding in this contract. For all future task order proposals, the contractor will use this rate, or a discounted rate, to propose the amount for indirect costs and profit by applying it to “total direct costs.”
DESCRIPTION FEP RATE
Base Year Period – AWARD DATE THROUGH TBD 2015 ________________________
Option Year 1 – TBD 2015 THROUGH TBD 2016 ________________________
Option Year 2 – TBD 2016 THROUGH TBD 2017 ________________________
Option Year 3 – TBD 2017 THROUGH TBD 2018 ________________________
Option Year 4 – TBD 2018 THROUGH TBD 2019 ________________________
II. DEMONSTRATION PROJECT PRICING SHEET.
The contractor shall apply its FEP rates to the demonstration project proposal by filling in this “Demonstration
Project Pricing Sheet.” The offeror shall calculate the amounts to fill in by multiplying its direct cost proposal for the Demonstration Project for each contract year, times the FEP rate for each contract year. Note 1: Only the base year price will become contractually binding, if awarded. The remainder of the table will be used to calculate the
Total Evaluated Price (TEP) for evaluation purposes only. Note 2: Bond and NMGRT shall be added at the time of task order award, if any, so do NOT include them in the figures below.
TOTAL DIRECT COSTS FEP RATE TOTAL PRICE
Base Year Period
___________________________ x _________________ = _________________________
Option Year 1
___________________________ x _________________ = _________________________
Option Year 2
___________________________ x _________________ = _________________________
Option Year 3
___________________________ x _________________ = _________________________
Option Year 4
___________________________ x _________________ = _________________________
ATTENTION OFFEROR: INSERT NO PRICING INFORMATION BELOW THIS LINE.
Section C - Descriptions and Specifications
SECTION C
CLAUSES INCORPORATED BY FULL TEXT
C-1. SPECIFICATIONS, STANDARDS AND DRAWINGS
(IAW FAR 11.201)
Specifications and drawings are listed in Section J as attachments.
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
1001 Destination Government Destination Government
2001 Destination Government Destination Government
3001 Destination Government Destination Government
4001 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-13 Inspection--Dismantling, Demolition, or Removal of
Improvements
AUG 1996
252.246-7000 Material Inspection And Receiving Report MAR 2008
SECTION E
PART I – THE SCHEDULE
SECTION E
INSPECTION AND ACCEPTANCE
E-1. DESIGNATION OF GOVERNMENT INSPECTOR: The Base Civil Engineer or his authorized representative is designated as the representative of the Contracting Officer for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This designation in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of the contract.
52.246-12 Inspection of Construction AUG 1996
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 N/A N/A N/A N/A
0002 N/A N/A N/A N/A
1001 N/A N/A N/A N/A
2001 N/A N/A N/A N/A
3001 N/A N/A N/A N/A
4001 N/A N/A N/A N/A
52.247-55 F.O.B. Point For Delivery Of Government-Furnished
Property
JUN 2003
52.247-34 F.O.B. DESTINATION (NOV 1991)
(a) The term "f.o.b. destination," as used in this clause, means--
(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and
(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery
(or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested.
If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.
(b) The Contractor shall--
(1)(i) Pack and mark the shipment to comply with contract specifications; or
(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;
(2) Prepare and distribute commercial bills of lading;
(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;
(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;
(5) Furnish a delivery schedule and designate the mode of delivering carrier; and
(6) Pay and bear all charges to the specified point of delivery.
(End of clause)
SECTION F
PART I – THE SCHEDULE
SECTION F
DELIVERIES OR PERFORMANCE
F-1. 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION SEP 2000
(IAW FAR 11.503(b))
(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 to be determined on each individual Task Order for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the
Termination clause.
F-2. CONTRACT PERFORMANCE PERIOD
Performance period FOR PLACING ORDERS is for a 12-month base period and four 12-month option periods.
The performance period for individual task orders shall be stated in each task order and may extend beyond the expiration date of the last contract ordering period.
Section G - Contract Administration Data
PAYMENT AND SUBMISSION
a. The contractor will be required to transmit invoices/payment requests electronically via Wide Area Work Flow-
Receipt and Acceptance (WAWF-RA). WAWF-RA is in full implementation and is required for monthly submission of invoices (See DFARS 252.232-7003).
b. Payments will be made electronically on a ‘monthly’ basis. The Government will verify the percentage of work completed prior to the Contracting Officer’s approval of payment.
c. Progress payments will be based on the last verified, approved progress report. If a variance exists between the contractor’s and the Government’s estimate, the contractor will be given the opportunity to support their position.
If the additional information is inadequate or incorrect, the invoice will be rejected in WAWF and the contractor will have to resubmit in WAWF. A maximum progress payment rate for DoD contracts, including contracts that contain foreign military sales (FMS) requirements is 95 percent for small disadvantaged business concerns
(DFARS 232.501-1).
d. Final payment will be for the remaining 5 percent and will not be approved for payment until after contract completion (including clean up, submission of final warranties, payrolls, correction of all punch list items and all other documents as required under the terms and conditions of this contract) and final acceptance of the project from the Contracting Officer.
e. Final payment request(s) will be treated as percentage of work completed and accepted, and must have a
‘Release of Claims’ to be submitted to the Contracting Officer prior to final invoice preparation. Invoices under this contract are in accordance with FAR 52.232-5, Payments under Fixed-Price Construction Contracts and FAR clause 52.232-27, Prompt Payment for Construction Contracts.
CLAUSES INCORPORATED BY REFERENCE
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
MAR 2008
252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
When submitting a request for payment, the Contractor shall--
(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and
(b) Separately identify a payment amount for each contract line item included in the payment request.
252.204-7006 Billing Instructions OCT 2005
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
5352.232-9000 REMITTANCE ADDRESS MAY 1996
Section I - Contract Clauses
52.202-1 Definitions JAN 2012
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees APR 1984
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures OCT 2010
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
JAN 1997
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct APR 2010
52.203-15 Whistleblower Protections Under the American Recovery and
Reinvestment Act of 2009
JUN 2010
52.204-1 Approval of Contract DEC 1989
52.204-2 Security Requirements AUG 1996
52.204-2 Alt II Security Requirements (Aug 1996) - Alternate II APR 1984
52.204-7 Central Contractor Registration DEC 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
52.204-11 American Recovery and Reinvestment Act--Reporting
Requirements
JUL 2010
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
DEC 2010
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
FEB 2012
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
MAY 2012
52.211-18 Variation in Estimated Quantity APR 1984
52.215-2 Audit and Records--Negotiation OCT 2010
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011
52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-
-Modifications
AUG 2011
52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010
52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010
52.215-14 Integrity of Unit Prices OCT 2010
52.215-15 Pension Adjustments and Asset Reversions OCT 2010
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.215-21 Requirements for Certified Cost or Pricing Data or
Information Other Than Certified Cost or Pricing Data--
Modifications
OCT 2010
52.215-23 Limitations on Pass-Through Charges OCT 2009
52.215-23 Alt I Limitations on Pass-Through Charges OCT 2009
52.216-19 Order Limitations OCT 1995
52.217-5 Evaluation Of Options JUL 1990
52.219-6 Notice Of Total Small Business Set-Aside NOV 2011
52.219-8 Utilization of Small Business Concerns JAN 2011
52.222-1 Notice To The Government Of Labor Disputes FEB 1997
52.222-3 Convict Labor JUN 2003
52.222-4 Contract Work Hours and Safety Standards Act - Overtime
Compensation
JUL 2005
52.222-6 Davis Bacon Act JUL 2005
52.222-7 Withholding of Funds FEB 1988
52.222-8 Payrolls and Basic Records JUN 2010
52.222-9 Apprentices and Trainees JUL 2005
52.222-10 Compliance with Copeland Act Requirements FEB 1988
52.222-11 Subcontracts (Labor Standards) JUL 2005
52.222-12 Contract Termination-Debarment FEB 1988
52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988
52.222-14 Disputes Concerning Labor Standards FEB 1988
52.222-15 Certification of Eligibility FEB 1988
52.222-21 Prohibition Of Segregated Facilities FEB 1999
52.222-26 Equal Opportunity MAR 2007
52.222-27 Affirmative Action Compliance Requirements for
Construction
FEB 1999
52.222-30 Davis-Bacon Act--Price Adjustment (None or Separately
Specified Method)
DEC 2001
52.222-34 Project Labor Agreement MAY 2010
52.222-35 Equal Opportunity for Veterans SEP 2010
52.222-36 Affirmative Action For Workers With Disabilities OCT 2010
52.222-37 Employment Reports on Veterans SEP 2010
52.222-38 Compliance With Veterans' Employment Reporting
Requirements
SEP 2010
52.222-50 Combating Trafficking in Persons FEB 2009
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997
52.223-4 Recovered Material Certification MAY 2008
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-6 Drug-Free Workplace MAY 2001
52.223-9 Estimate of Percentage of Recovered Material Content for
EPA-Designated Items
MAY 2008
52.223-12 Refrigeration Equipment and Air Conditioners MAY 1995
52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007
52.223-16 Alt I IEEE 1680 Standard for the Environmental Assessment of
Personal Computer Products (Dec 2007) Alternate I
DEC 2007
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.224-1 Privacy Act Notification APR 1984
52.224-2 Privacy Act APR 1984
52.225-11 Buy American Act--Construction Materials Under Trade
Agreements
NOV 2012
52.225-12 Notice of Buy American Act Requirement - Construction
Materials Under Trade Agreements
FEB 2009
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-1 Authorization and Consent DEC 2007
52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.227-4 Patent Indemnity-Construction Contracts DEC 2007
52.228-2 Additional Bond Security OCT 1997
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.228-11 Pledges Of Assets JAN 2012
52.228-12 Prospective Subcontractor Requests for Bonds OCT 1995
52.228-13 Alternative Payment Protections JUL 2000
52.228-14 Irrevocable Letter of Credit DEC 1999
52.228-15 Performance and Payment Bonds--Construction OCT 2010
52.229-3 Federal, State And Local Taxes APR 2003
52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002
52.232-16 Progress Payments APR 2012
52.232-17 Interest OCT 2010
52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984
52.232-25 Prompt Payment OCT 2008
52.232-27 Prompt Payment for Construction Contracts OCT 2008
52.232-33 Payment by Electronic Funds Transfer--Central Contractor
Registration
OCT 2003
52.232-99 (Dev) Providing Accelerated Payment to Small Business
Subcontractors (Deviation)
AUG 2012
52.233-1 Disputes JUL 2002
52.233-2 Service Of Protest SEP 2006
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.236-1 Performance of Work by the Contractor APR 1984
52.236-2 Differing Site Conditions APR 1984
52.236-3 Site Investigation and Conditions Affecting the Work APR 1984
52.236-4 Physical Data APR 1984
52.236-5 Material and Workmanship APR 1984
52.236-6 Superintendence by the Contractor APR 1984
52.236-7 Permits and Responsibilities NOV 1991
52.236-8 Other Contracts APR 1984
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984
52.236-11 Use and Possession Prior to Completion APR 1984
52.236-12 Cleaning Up APR 1984
52.236-13 Accident Prevention NOV 1991
52.236-14 Availability and Use of Utility Services APR 1984
52.236-15 Schedules for Construction Contracts APR 1984
52.236-16 Quantity Surveys APR 1984
52.236-17 Layout of Work APR 1984
52.236-21 Specifications and Drawings for Construction FEB 1997
52.236-26 Preconstruction Conference FEB 1995
52.242-1 Notice of Intent to Disallow Costs APR 1984
52.242-13 Bankruptcy JUL 1995
52.242-14 Suspension of Work APR 1984
52.243-4 Changes JUN 2007
52.243-5 Changes and Changed Conditions APR 1984
52.244-2 Subcontracts OCT 2010
52.245-1 Government Property APR 2012
52.245-2 Government Property Installation Operation Services APR 2012
52.246-1 Contractor Inspection Requirements APR 1984
52.246-21 Warranty of Construction MAR 1994
52.248-3 Value Engineering-Construction OCT 2010
52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-2 Alt I Termination for Convenience of the Government (Fixed-
Price) (Apr 2012) - Alternate I
SEP 1996
52.249-10 Default (Fixed-Price Construction) APR 1984
52.252-2 Clauses Incorporated By Reference FEB 1998
52.252-4 Alterations in Contract 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
252.203-7001 Prohibition On Persons Convicted of Fraud or Other
Defense-Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7000 Disclosure Of Information DEC 1991
252.204-7001 Commercial And Government Entity (CAGE) Code
Reporting
AUG 1999
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007
252.204-7005 Oral Attestation of Security Responsibilities NOV 2001
252.204-7006 Billing Instructions OCT 2005
252.204-7008 Export-Controlled Items APR 2010
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7001 Disclosure of Ownership or Control by the Government of a
Terrorist Country
JAN 2009
252.209-7002 Disclosure Of Ownership Or Control By A Foreign
Government
JUN 2010
252.209-7004 Subcontracting With Firms That Are Owned or Controlled
By The Government of a Terrorist Country
DEC 2006
252.215-7000 Pricing Adjustments DEC 1991
252.215-7002 Cost Estimating System Requirements FEB 2012
252.219-7004 Small Business Subcontracting Plan (Test Program) JAN 2011
252.223-7006 Prohibition On Storage And Disposal Of Toxic And
Hazardous Materials
APR 2012
252.223-7008 Prohibition of Hexavalent Chromium MAY 2011
252.225-7012 Preference For Certain Domestic Commodities JUN 2012
252.225-7030 Restriction On Acquisition Of Carbon, Alloy, And Armor
Steel Plate
DEC 2006
252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business
Concerns
SEP 2004
252.227-7003 Termination AUG 1984
252.227-7022 Government Rights (Unlimited) MAR 1979
252.227-7033 Rights in Shop Drawings APR 1966
252.231-7000 Supplemental Cost Principles DEC 1991
252.232-7001 Disposition Of Payment DEC 1991
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006
252.236-7000 Modification Proposals-Price Breakdown DEC 1991
252.236-7001 Contract Drawings, and Specifications AUG 2000
252.236-7005 Airfield Safety Precautions DEC 1991
252.236-7008 Contract Prices-Bidding Schedules DEC 1991
252.239-7001 Information Assurance Contractor Training and Certification JAN 2008
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment MAR 1998
252.246-7000 Material Inspection And Receiving Report MAR 2008
252.247-7023 Transportation of Supplies by Sea MAY 2002
252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
5352.215-9001 NOTICE OF PRE-BID/PRE-PROPOSAL CONFERENCE MAY 1996
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 THE NUMBER OF DAYS PERIOD OF PERFORMANCE STATED IN INDIVIDUAL
TASK ORDERS. *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.
52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
(a) The Contractor shall make the following notifications in writing:
(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.
(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.
(1) Maintain current, accurate, and complete inventory records of assets and their costs;
(2) Provide the ACO or designated representative ready access to the records upon request;
(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and
(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.
The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of an Indefinite Delivery Indefinite Quanity contract resulting from this solicitation.
(End of provision)
52.216-18 ORDERING. (OCT 1995)
(a)Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through the last day of the final ordering period.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the
Schedule.
(End of Clause)
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and
Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the completion date of this contract or the last active task order.
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 - assigned to contract number .
(Contractor to sign and date and insert authorized signer's name and title).
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JUL 2012)
(a) Definitions. As used in this clause--Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply that is--
(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, 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. Per 46 CFR 525.1(c)(2), ``bulk cargo'' means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.
Employee assigned to the contract means an employee who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United
States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee--
(1) Normally performs support work, such as indirect or overhead functions; and
(2) Does not perform any substantial duties applicable to the contract.
Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime
Contractor or another subcontractor.
United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands.
(b) Enrollment and verification requirements.
(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall--
(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;
(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-
Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the
United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and
(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).
(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of--
(i) All new employees. (A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or
(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-
Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United
States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph
(b)(3) of this section); or
(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).
(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.
(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern
Mariana Islands), rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986 (after
November 27, 2009, in the Commonwealth of the Northern Mariana Islands), within 180 calendar days of--
(i) Enrollment in the E-Verify program; or
(ii) Notification to E-Verify Operations of the Contractor's decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU).
(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-
Verify program MOU.
(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the
Contractor's MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official.
(ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.
(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.
(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee--
(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;
(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or
(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland
Security Presidential Directive (HSPD)-12, Policy for a Common…
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