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- FA4830-12-B-0001
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Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
Mobility Bag Storage Building 932
FFP
Add/Alter Aerial Delivery Mobility Bag Storage, Building 932, QSEU 09-0402 in accordance with the attached specifications and drawings. Furnish all labor, materials, supervision, equipment, and related items to construct a warehouse storage facility to store Mobility bags.
FOB: Destination
SIGNAL CODE: A
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
Mobility Bag Storage Bld 932-Parking
FFP
Add/Alter Aerial Delivery Mobility Bag Storage, Building 932, QSEU 09-0402 in accordance with the attached specifications and drawings. Furnish all labor, materials, supervision, equipment and related items to construct asphal paved parking lot with concrete curbing to accomodate parking spaces with single white painted lines IAW specifiications.
SIGNAL CODE: A
NET AMT
Section C - Descriptions and Specifications
HOLIDAYS
HOLIDAYS
(APR 06)
a. The following Federal legal holidays are observed by this base:
New Year's Day
1 January
Martin Luther King's Birthday
Third Monday In January
President's Day
Third Monday in February
Memorial Day
Last Monday in May
Independence Day
4 July
Labor Day
First Monday in September
Columbus Day
Second Monday in October
Veterans Day
11 November
Thanksgiving Day
Fourth Thursday in November
Christmas Day
25 December
b. All holidays falling on a Saturday will be observed on the preceding Friday. All holidays falling on a Sunday will be observed on the following Monday. The Fourth Friday in November is minimally manned by the installation.
c. The contractor will not perform work on the days identified in paragraphs a or b above.
d. On work days that have been declared “family days,” the base may be minimally manned with many offices and facilities closed. On these days, if the contractor has attempted and cannot gain access to the site where construction work is to be performed, the contractor shall immediately call the emergency numbers provided after contract award.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-12 |
| Inspection of Construction |
| AUG 1996 |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| UIC |
| 0001 |
| POP 18-JUL-2012 TO |
14-JAN-2013
| N/A |
| 23 CES/CEC (CONSTRUCTION) - F3E362 |
ANTHONY PAYTON
3485 GEORGIA ST
MOODY AFB GA 31699-1707
229-257-3628
F3E362
| 0002 |
| POP 18-JUL-2012 TO |
14-JAN-2013
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F3E362
Section G - Contract Administration Data
CLAUSES INCORPORATED BY REFERENCE
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| MAR 2008 |
CLAUSES INCORPORATED BY FULL TEXT
MDY 04-01
WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS (MAR 2011)
WAWF is a web-based tool for the electronic processing of invoices and receiving reports. The URL for WAWF is https://wawf.eb.mil. There are no charges to use WAWF. New users can obtain assistance with registration and system setup at the WAWF website under “New User”. If additional assistance is required contact the WAWF Help Desk at 866-618-5988 or email cscassig@csd.disa.mil.
Training for WAWF is available at https://wawftraining.eb.mil/. This is a web-based training tool that mirrors the WAWF production site. Be sure to review the Training Instructions prior to beginning the training course.
THE FOLLOWING INFORMATION WILL BE REQUIRED TO ROUTE YOUR INVOICES CORRECTLY THROUGH WAWF.
When submitting an invoice in WAWF, pay particular attention to the type of invoice. Invoice types and coding used at Moody AFB are:
CONSTRUCTION
Issue DoDAAC = FA4830
Admn DoDAAC = FA4830
Inspect By = blank
Service Acceptor “Ship To” Code = FA4830
PLUS SIX EXTENSION = F1CERT
The Pay Office DoDAAC is F67100.
Contact email information will be provided by the contract administrator.
Additional information on Electronic Commerce is available at the Defense Finance and Accounting Service (DFAS) Electronic Commerce Tool Box website located at http://www.dfas.mil/contractorpay/electroniccommerce.html.
Questions concerning payment should be directed to the Customer Care section of the DFAS Limestone office at 866-724-0526. Please have your order number and invoice number ready when calling about payment status. If your paying office is other than Limestone, contact your Contract Administrator for the customer service phone numbers.
Should you need additional assistance with WAWF, contact your Contract Administrator or the Plans & Programs flight at 229-257-2737.
Section H - Special Contract Requirements
CLAUSES INCORPORATED BY FULL TEXT
MDY 02-26
REQUIRED INSURANCE (APR 2011)
(IAW FAR 28.306(b))
Reference contract clause FAR 52.228-5, “Insurance—Work on a Government Installation” the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.
a. Workmen's Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen's Compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.
b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.
c. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required
MDY 09-01 CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS (EMS)
(MAR 2011)
Executive Order 13423 states that “All appropriate facilities will use EMS as the primary management approach for addressing environmental aspects of internal agency operations and activities”
The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility EMS applicable for your contract. The Contractor shall perform work in a manner that conforms to the Moody AFB EMS, including but not limited to: addressing significant aspects the Contractor may be responsible for, developing and maintaining Operational Controls identified by the Moody AFB EMS, and providing monitoring and measurement information as necessary for the installation to address environmental performance relative to the environmental energy goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the Contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the Contracting Officer. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the EMS and how these requirements affect their work performed under this contract.
All on-site contractor personnel shall complete appropriate environmental training specified for the type of work conducted on-site. Upon contract award, the government Project Manager/Inspector will notify the facility-level EMS Coordinator to arrange EMS training for appropriate staff.
All waste materials generated by any work under the contract performed on a government installation shall be handled, transported, stored, and disposed of by the contractor and by his subcontractors at all times in accordance with all applicable Federal, state, or local laws, ordinances, regulations, court orders, or other types of rules or rulings having the effect of law, including but not limited to Executive Order 11752, 17 December 1973, the Federal Water Pollution Control Act, as amended (33 USC Sec 1251 ET SEQ); The Clean Air Act, as amended (42 USC SEC 1857 ET SEQ); the Refuse Act of 1898 (33 USC Executive Order 11507); and the Environmental Protection Agency guidelines on thermal processing and land disposal of solid waste (40 CFR, Chapter 1, parts 240 & 241). Contractors should make every effort to divert construction debris from the waste stream. All materials diverted should be reported by weight using the form provided as an attachment to this contract.
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
| 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 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-7 |
| Central Contractor Registration |
| FEB 2012 |
| 52.204-9 |
| Personal Identity Verification of Contractor Personnel |
| JAN 2011 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| FEB 2012 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| DEC 2010 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| MAY 2011 |
| 52.214-26 |
| Audit and Records--Sealed Bidding |
| OCT 2010 |
| 52.214-27 |
| Price Reduction for Defective Certified Cost or Pricing Data - Modifications - Sealed Bidding |
| AUG 2011 |
| 52.214-28 |
| Subcontracting Certified Cost Or Pricing Data--Modifications--Sealed Bidding |
| OCT 2010 |
| 52.214-29 |
| Order Of Precedence--Sealed Bidding |
| JAN 1986 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| JAN 2011 |
| 52.219-27 |
| Notice of Service-Disabled Veteran-Owned Small Business Set-Aside |
| NOV 2011 |
| 52.219-28 |
| Post-Award Small Business Program Rerepresentation |
| APR 2009 |
| 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 |
| 52.222-34 |
| 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 |
| 52.222-50 |
| Combating Trafficking in Persons |
| FEB 2009 |
| 52.222-54 |
| Employment Eligibility Verification |
| JAN 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 |
| 52.223-17 |
| 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 |
| 52.227-2 |
| Notice And Assistance Regarding Patent And Copyright Infringement |
| DEC 2007 |
| 52.227-4 |
| Patent Indemnity-Construction Contracts |
| DEC 2007 |
| 52.228-1 |
| Bid Guarantee |
| SEP 1996 |
| 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 |
| 52.228-14 |
| 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 |
| 52.232-17 |
| Interest |
| OCT 2010 |
| 52.232-23 |
| Assignment Of Claims |
| JAN 1986 |
| 52.232-23 Alt I |
| Assignment of Claims (Jan 1986) - Alternate I |
| APR 1984 |
| 52.232-27 |
| Prompt Payment for Construction Contracts |
| OCT 2008 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--Central Contractor Registration |
| OCT 2003 |
| 52.233-1 |
| Disputes |
| JUL 2002 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.236-2 |
| Differing Site Conditions |
| APR 1984 |
| 52.236-3 |
| Site Investigation and Conditions Affecting the Work |
| APR 1984 |
| 52.236-5 |
| Material and Workmanship |
| APR 1984 |
| 52.236-6 |
| Superintendence by the Contractor |
| APR 1984 |
| 52.236-7 |
| Permits and Responsibilities |
| NOV 1991 |
| 52.236-8 |
| Other Contracts |
| APR 1984 |
| 52.236-9 |
| Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements |
| APR 1984 |
| 52.236-10 |
| Operations and Storage Areas |
| APR 1984 |
| 52.236-11 |
| Use and Possession Prior to Completion |
| APR 1984 |
| 52.236-12 |
| Cleaning Up |
| APR 1984 |
| 52.236-13 |
| Accident Prevention |
| NOV 1991 |
| 52.236-14 |
| Availability and Use of Utility Services |
| APR 1984 |
| 52.236-15 |
| Schedules for Construction Contracts |
| APR 1984 |
| 52.236-17 |
| Layout of Work |
| APR 1984 |
| 52.236-21 |
| Specifications and Drawings for Construction |
| FEB 1997 |
| 52.236-26 |
| Preconstruction Conference |
| FEB 1995 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.242-14 |
| Suspension of Work |
| APR 1984 |
| 52.243-4 |
| Changes |
| JUN 2007 |
| 52.246-21 |
| Warranty of Construction |
| MAR 1994 |
| 52.248-3 |
| Value Engineering-Construction |
| OCT 2010 |
| 52.249-2 |
| Termination For Convenience Of The Government (Fixed-Price) |
| MAY 2004 |
| 52.249-2 Alt I |
| Termination for Convenience of the Government (Fixed-Price) (May 2004) - Alternate I |
| SEP 1996 |
| 52.249-10 |
| Default (Fixed-Price Construction) |
| APR 1984 |
| 52.253-1 |
| Computer Generated Forms |
| JAN 1991 |
| 252.203-7000 |
| 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 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7004 Alt A |
| Central Contractor Registration Alternate A |
| SEP 2007 |
| 252.204-7008 |
| Export-Controlled Items |
| APR 2010 |
| 252.205-7000 |
| Provision Of Information To Cooperative Agreement Holders |
| DEC 1991 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country |
| DEC 2006 |
| 252.222-7006 |
| Restrictions on the Use of Mandatory Arbitration Agreements |
| DEC 2010 |
| 252.223-7006 |
| Prohibition On Storage And Disposal Of Toxic And Hazardous Materials |
| APR 1993 |
| 252.223-7008 |
| Prohibition of Hexavalent Chromium |
| MAY 2011 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| APR 2003 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| JUN 2010 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| MAR 2008 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.236-7000 |
| Modification Proposals-Price Breakdown |
| DEC 1991 |
| 252.236-7001 |
| Contract Drawings, and Specifications |
| AUG 2000 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| MAY 2002 |
| 252.247-7024 |
| Notification Of Transportation Of Supplies By Sea |
| MAR 2000 |
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012)
(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database via https://www.acquisition.gov.
(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--
(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--
(i) Government personnel and authorized users performing business on behalf of the Government; or
(ii) The Contractor, when viewing data on itself; and
(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--
(i) Past performance reviews required by subpart 42.15;
(ii) Information that was entered prior to April 15, 2011; or
(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.
(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.
(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.
(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.
(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.
(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 days after NTP.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $420.92 (for each calendar day thereafter)and $327.86 of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)
(a) Definitions. As used in this clause--
Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”
Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall--
(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and
(2) Submit this estimate to (Contracting Officer complete in accordance with agency procedures).
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
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.
(End of clause)
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
(End of clause)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
5352.201-9101 OMBUDSMAN.
As prescribed in 5301-9103, insert the following clause:
OMBUDSMAN (AUG 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 OMB Circular 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
Langley AFB, VA 23665
Phone Number: 757-764-5372, Fax: 757-764-4400
E-mail: 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.
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
ATTACHMENTS
List of Attachments
Attachment 1 Wage Determination GA120208 dated 1/6/2012 5 pgs
Attachment 2 Wage Determination GA120012 dated 1/6/2012 3 pgs
Attachment 3 Specifications dated 2/21/2012
Attachment 4 Drawings
Attachment 5 Disclosure of Lobbying Activities
2 pgs
Attachment 6 Contractor Information
1 pg
Attachment 7 Certificate of Insurance
1 pg
Section K - Representations, Certifications and Other Statements of Offerors
CLAUSES INCORPORATED BY REFERENCE
| 52.215-22 |
| Limitations on Pass-Through Charges--Identification of Subcontract Effort |
| OCT 2009 |
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2012)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.
(2) The small business size standard is $33.5.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
(x) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.
(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xvii) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran--Representation and Certification. This provision applies to all solicitations.
(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer:
(Contracting Officer check as appropriate.)
(i) 52.219-22, Small Disadvantaged Business Status.
(A) Basic.
(B) Alternate I.
(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.
(iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.
(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).
(vi) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.
(End of provision)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).
(End of provision)
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2011)
Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:
(d)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:
(i) 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country. Applies to all solicitations expected to result in contracts of $150,000 or more.
(ii) 252.209-7005, Reserve Officer Training Corps and Military Recruiting on Campus. Applies to all solicitations and contracts with institutions of higher education.
(iii) 252.216-7003, Economic Price Adjustment-Wage Rates or Material Prices Controlled by a Foreign Government. Applies to fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(v) 252.229-7003, Tax Exemptions (Italy). Applies to solicitations and contracts when contract performance will be in Italy.
(vi) 252.229-7005, Tax Exemptions (Spain). Applies to solicitations and contracts when contract performance will be in Spain.
(vii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.
(2) The following representations or certifications in ORCA are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]
____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
____ (ii) 252.225-7000, Buy American Act--Balance of Payments Program Certificate.
____ (iii) 252.225-7020, Trade Agreements Certificate.
____Use with Alternate I.
____ (iv) 252.225-7022, Trade Agreements Certificate--Inclusion of Iraqi End Products.
____ (v) 252.225-7031, Secondary Arab Boycott of Israel.
____ (vi) 252.225-7035, Buy American Act--Free Trade Agreements--Balance of Payments Program Certificate.
____ Use with Alternate I.
____ Use with Alternate II.
____ Use with Alternate III.
(e) The offeror has completed the annual representations and certifications electronically via the Online representations and Certifications Application (ORCA) Web site at https://www.acquisition.gov/. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to theNAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
| FAR/DFARS Clause # |
| Title |
| Date |
| Change |
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.
(End of provision)
Section L - Instructions, Conditions and Notices to Bidders
CLAUSES INCORPORATED BY REFERENCE
| 52.214-3 |
| Amendments To Invitations For Bids |
| DEC 1989 |
| 52.214-4 |
| False Statements In Bids |
| APR 1984 |
| 52.214-5 |
| Submission Of Bids |
| MAR 1997 |
| 52.214-6 |
| Explanation To Prospective Bidders |
| APR 1984 |
| 52.214-7 |
| Late Submissions, Modifications, and Withdrawals of Bids |
| NOV 1999 |
| 52.214-12 |
| Preparation Of Bids |
| APR 1984 |
| 52.214-34 |
| Submission Of Offers In The English Language |
| APR 1991 |
| 52.214-35 |
| Submission Of Offers In U.S. Currency |
| APR 1991 |
| 52.232-13 |
| Notice Of Progress Payments |
| APR 1984 |
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.
(End of provision)
52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (JUL 2005)
(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage…
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