FA4830-12-R-0004_Moody_MACC_Solicitation.pdf
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- MACC Federal contract opportunity
- Solicitation number
- FA4830-12-R-0004
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FA4830-12-R-0004 Moody MACC Solicitation
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1.) Multiple Aw ard Construction Contract (MACC). This is an Indefinite Delivery Indefinite Quantity (IDIQ) type contract for Moody AFB, Grand Bay Range, and Grassy Pond, GA and Avon Park, Fl.
2.) General construction requirements North American Industry Classif ication System (NAICS) 236220, size standard $33.5M 3.) The period of performance for this contract to include any option years shall not exceed f ive (5) years. 1 Base year w ith the possibility of 4- 1 year options.
4.) The guaranteed minimum order under this contract is $2,000.00. The maximum amount for the MACC program to include option years is $225,000,000.00. There are no annual minimums or maximums.
5.) This is a Low est Price Technically Acceptable (LPTA) Solicitation. See additional requirements in Section L and M of this solicitation.
6.) It is the government's intent to aw ard nine (9) contracts as follow s: three (3) to Service Disabled Veteran Ow ned Small Businesses, three (3)- to 8(a)s (Serviced by an SBA off ice w ithin Region IV and/or that have a bona f ide off ice located in the region), and three (3) - to Small Businesses.
LUCAS W. RICHARDSON 229-257-3562
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
10-Jun-2013
(RFP)
(IFB)
X
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
X
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, notice to proceed. This performance period is mandatory, X 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 __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________11 Jul 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 _______120 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
23 CONTRACTING SQUADRON - FA4830
8227 KNIGHT'S WAY, BLDG 706
MOODY AFB GA 31699-1794
FA4830
PAGE OF PAGES
1 OF
CODE FA4830
(Title, identifying no., date):
12B. CALENDAR DAYS
04:00 PM (hour) Sealed envelopes containing offers
23 CONTRACTING SQUADRON - FA4830
8227 KNIGHT'S WAY, BLDG 706
MOODY AFB GA 31699-1794
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
SEE SCHEDULEFAX:TEL: SEE SCHEDULE TEL: SEE SCHEDULE FAX: 229-257-2738
FA4830-12-R-0004 47
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
FA4830-12-R-0004
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 UNDEFINED Lot Construction Base Year
FFP
Projects shall include all work necessary to design, construct, and/or renovate, including design build and bid build facilities for Moody AFB, Grassy Pond, and Grand Bay Range, GA and Avon Park Range, FL. Work to be performed in the general construction category includes maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving and earthwork.
Work shall be performed in accordance with the terms and conditions of the contract and resulting task orders. MACC is a multiple award construction contract based on the performance requirements of individual construction projects, Architecture Engineering Design Guide, and any specific task order Statement of Objectives, Statement of Work, specifications and/or drawings that further define work within each individual task order.
FOB: Destination
SIGNAL CODE: A
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
1001 UNDEFINED Lot OPTION Option Year One
FFP
Projects shall include all work necessary to design, construct, and/or renovate, including design build and bid build facilities for Moody AFB, Grassy Pond, and Grand Bay Range, GA and Avon Park Range, FL. Work to be performed in the general construction category includes maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving and earthwork.
Work shall be performed in accordance with the terms and conditions of the contract and resulting task orders. MACC is a multiple award construction contract based on the performance requirements of individual construction projects, Architecture Engineering Design Guide, and any specific task order Statement of Objectives, Statement of Work, specifications and/or drawings that further define work within each individual task order.
UNIT UNIT PRICE MAX AMOUNT
2001 UNDEFINED Lot OPTION Option Year Two
FFP
Projects shall include all work necessary to design, construct, and/or renovate, including design build and bid build facilities for Moody AFB, Grassy Pond, and Grand Bay Range, GA and Avon Park Range, FL. Work to be performed in the general construction category includes maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving and earthwork.
Work shall be performed in accordance with the terms and conditions of the contract and resulting task orders. MACC is a multiple award construction contract based on the performance requirements of individual construction projects, Architecture Engineering Design Guide, and any specific task order Statement of Objectives, Statement of Work, specifications and/or drawings that further define work within each individual task order.
UNIT UNIT PRICE MAX AMOUNT
3001 UNDEFINED Lot OPTION Option Year Three
FFP
Projects shall include all work necessary to design, construct, and/or renovate, including design build and bid build facilities for Moody AFB, Grassy Pond, and Grand Bay Range, GA and Avon Park Range, FL. Work to be performed in the general construction category includes maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving and earthwork.
Work shall be performed in accordance with the terms and conditions of the contract and resulting task orders. MACC is a multiple award construction contract based on the performance requirements of individual construction projects, Architecture Engineering Design Guide, and any specific task order Statement of Objectives, Statement of Work, specifications and/or drawings that further define work within each individual task order.
UNIT UNIT PRICE MAX AMOUNT
4001 UNDEFINED Lot OPTION Option Year Four
FFP
Projects shall include all work necessary to design, construct, and/or renovate, including design build and bid build facilities for Moody AFB, Grassy Pond, and Grand Bay Range, GA and Avon Park Range, FL. Work to be performed in the general construction category includes maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving and earthwork.
Work shall be performed in accordance with the terms and conditions of the contract and resulting task orders. MACC is a multiple award construction contract based on the performance requirements of individual construction projects, Architecture Engineering Design Guide, and any specific task order Statement of Objectives, Statement of Work, specifications and/or drawings that further define work within each individual task order.
SAMPLE PROJECT PRICING
Add HC-130J Aircraft Maintenance Unit Facility, B648 Project Number QSEU 12-3003
Design Proposal $______________
Construction Proposal $______________
Total Proposal Price $______________
Section C - Descriptions and Specifications
MACC DESCRIPTION
MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC)
Post Award Procedures for issuing task orders: MACC awardees will be notified that a requirement exists by 23 CONS Request for Proposal (RFP). The RFP will identify the requirement as bid-build or design build.
Bid-Build RFP will be issued and describe some or all of the following to be required, as applicable and list is not all inclusive:
• Project title, project number, location, point of contact (POC), project magnitude, performance time
• Site visit date
• Pricing Schedule
• List of Submittal Expectations
• General proposal information to include, but not limited to: statement of work (SOW), list of submittal expectations, drawings, if available.
• Offer acceptance period
• Closing date
• Bonding requirements
• Project specific liquidated damages
• Applicable wage determination
• Funding/Authority
• Proposal Preparation Instructions – what to submit.
o Generally only price o May be required to submit other documents
• Evaluation Procedures (based on LPTA) o Notwithstanding the guaranteed amount lowest price technically acceptable (LPTA) selection procedures will be used.
This RFP will result in a task order issued and will be the actual award document to the lowest priced technically acceptable offer.
NOTES:
1. Orders will be placed in accordance with FAR 16.505(b).
2. Competition may be restricted in the base year in order to meet minimum ordering requirements in accordance with FAR part 16.
3. The government intends to award a single task order without discussions with MACC offerors; therefore, offerors should propose their best price. The government reserves the right to conduct discussions if deemed in its best interest.
4. Any changes that are required during the RFP stage will be accomplished via amendment to the RFP.
5. Failure to provide a complete proposal (including but not limited to price, assumptions, and proposed performance time) at the designated closing time and date will be handled as a late proposal in accordance with FAR 52.215-1.
6. If the stated offer acceptance period expires, the contractor will be given the opportunity to justify and update pricing.
Design-Build RFP projects under the MACC are designed to streamline the design process when complex designs are not required. The contractor is required to utilize the attachments in the IDIQ contract to develop their proposal.
Design/Build RFP will be issued and describe some or all of the following to be required, as applicable and list is not all inclusive:
• Project title, project number, location, point of contact (POC), programmed amount, preferred performance time
• Site visit date
• General proposal information to include, but not limited to: statement of objectives (SOO), statement of work (SOW), list of submittal expectations, drawings, if available.
• Offer acceptance period
• Closing date
• Pricing Schedule
• Bonding requirements
• Project specific liquidated damages
• Applicable wage determination
• Funding/Authority
• Proposal Preparation Instructions- Preliminary Design level is 15% and the following items should be submitted for review as applicable.
o SOW o Site plan, floor plan, elevation and cross section drawings o Detailed technical approach o Proposed period of performance o Design Cost o Construction cost broken down in CSI or similar division breakdown relative to the programmed amount
• Evaluation Procedures (based on LPTA) o Evaluation factors: Price of Design and Construction, Technical Design, Past Performance
• A task order written will be the actual award document to the lowest priced technically acceptable offer.
• A modification will be issued to add funding for construction when available.
• At time of construction (or if authority is received) the additional documents below are expected and this list is not all inclusive:
o 65% design – requirement is met when construction documents are approved by the government o Specification identification o AF Form 66 submittal register o Design analysis
NOTES:
1. Orders will be placed in accordance with FAR 16.505(b).
2. Competition may be restricted in the base year in order to meet minimum ordering requirements in accordance with FAR part 16.
3. The government intends to award a single task order without discussions with MACC offerors; therefore, offerors should propose their best price. The government reserves the right to conduct discussions if deemed in its best interest.
4. Any changes that are required during the RFP stage will be accomplished via amendment to the RFP.
5. Failure to provide a complete proposal (including but not limited to price, assumptions, and proposed performance time) at the designated closing time and date will be handled as a late proposal in accordance with FAR 52.215-1.
6. If the stated offer acceptance period expires, the contractor will be given the opportunity to justify and update pricing.
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 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-12 Inspection of Construction AUG 1996
Section F - Deliveries or Performance
HOLIDAYS
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.
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 01-AUG-2013 TO
31-JUL-2014
N/A 23 CES/CEC (CONSTRUCTION) - F3E362
KATIE CARR
3485 GEORGIA ST
MOODY AFB GA 31699-1707
229-257-3830
F3E362
1001 POP 01-AUG-2014 TO
31-JUL-2015
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-AUG-2015 TO
31-JUL-2016
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-AUG-2016 TO
31-JUL-2017
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-AUG-2017 TO
31-JUL-2018
N/A (SAME AS PREVIOUS LOCATION)
Section G - Contract Administration Data
CLAUSES INCORPORATED BY FULL TEXT
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.
(End of clause)
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.
https://wawf.eb.mil/ mailto:cscassig@csd.disa.mil https://wawftraining.eb.mil/ http://www.dfas.mil/contractorpay/electroniccommerce.html
Section H - Special Contract Requirements
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
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 52.203-7 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 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
52.204-13 Central Contractor Registration Maintenance DEC 2012 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
52.211-13 Time Extensions SEP 2000 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
AUG 2011
52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 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 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-14 Limitations On Subcontracting NOV 2011 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business
Set-Aside
NOV 2011
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
52.222-35 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 JUL 2012 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May
2011) Alternate I
MAY 2011
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 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 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 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims JAN 1986 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
52.233-1 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 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -
Alternate I
APR 1984
52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items DEC 2010 52.245-1 Government Property APR 2012 52.245-9 Use And Charges APR 2012 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2010 52.249-1 Termination For Convenience Of The Government (Fixed
Price) (Short Form)
APR 1984
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 52.253-1 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
252.204-7000 Disclosure Of Information DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 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
252.219-7004 Small Business Subcontracting Plan (Test Program) JAN 2011 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage And Disposal Of Toxic And
Hazardous Materials
APR 2012
252.223-7008 Prohibition of Hexavalent Chromium MAY 2011 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7012 Preference For Certain Domestic Commodities DEC 2012 252.225-7017 Photovoltaic Devices DEC 2012 252.227-7033 Rights in Shop Drawings APR 1966 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 252.236-7006 Cost Limitation JAN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991
252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts)
JUN 2012
252.247-7023 Transportation of Supplies by Sea MAY 2002 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
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 completion date stated in each task order.
52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)
(a) Unless a task order specifically states that liquidated damages do not apply, liquidated damages will apply to each task order if the contractor fails to complete the work with the time specified in the task order, and if liquidated damages are inserted in a task order the Contractor shall pay liquidated damages to the Government in the amount of $420.92 for the first day and $327.86 thereafter each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
52.216-18 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 award date through the base year and any following exercised option years.
(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.
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $5,000,000.00;
(2) Any order for a combination of items in excess of $5,000.000.00; or
(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
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 365 days following final stated period of performance of the contract.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at within 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and
Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 236220- assigned to contract number resulting from this solicitation.
(Contractor to sign and date and insert authorized signer's name and title).
52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (NOV
2012)
(a) Definitions. As used in this clause--
Caribbean Basin country construction material means a construction material that--
(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.
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 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.
Designated country means any of the following countries:
(1) A World Trade Organization Government Procurement Agreement country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan or United Kingdom);
(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);
(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.
Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).
Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country 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.
Least developed country construction material means a construction material that--
(1) Is wholly the growth, product, or manufacture of a least developed country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.
“Free Trade Agreement country construction material” means a construction material that—
(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.
“Least developed country construction material” means a construction material that—
(1) Is wholly the growth, product, or manufacture of a least developed country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.
United States means the 50 States, the District of Columbia, and outlying areas.
WTO GPA country construction material means a construction material that--
(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.
(b) Construction materials.
(1) This clause implements the Buy American Act (41 U.S.C. chapter 83) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American Act restrictions are waived for designated county construction materials.
(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.
(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
[Contracting Officer to list applicable excepted materials or indicate ``none'']
(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) 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 restrictions 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)(4) of this clause shall include adequate information for Government evaluation of the request, including--
(A) A description of the…
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