FA483016R0004_SABER_Solicitation.pdf
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- Simplified Acquisition for Base Engineering Requirements Federal contract opportunity
- Solicitation number
- FA4830-16-R-0004
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SABER Solicitation, Moody AFB, GA
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A. Simplified Acquisition Base Engineering Requirement (SABER) - This is a solicitation for an Indefinite Delivery/ Indefinite Quantity (IDIQ) construction contract.
B. General construction requirements (NAICS 236220) for Moody AFB, Grand Bay Range, Grassy Pond, Spence Field, GA, Valdosta Regional Airport, GA and Avon Park Range, FL.
C. This acquisition is set aside for a competitive 8(a) Business Development Program serviced by the SBA office within the Region IV area and/ or that have a bona fide branch office located within the Region IV area.
D. A statutory cost limitation of $1,000,000.00 "Minor Construction" is applicable to projects as so identified.
E. Upon award of this contract a task order will be awarded in the amount of $2,000.00 (guaranteed minimum). Future award of task orders is contingent upon availability of funds.
F. The total dollar value of this contract, base year plus all options, shall not exceed $40,000,000.00.
NEKTARIOS G. CAPILOS 229-257-2827
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
21-Jul-2017
(RFP)
(IFB)
X
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
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 within _______10 calendar days and complete it within ________365 calendar days after receiving award, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________07 Sep 2017 (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) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due will not be considered and will 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
4380B ALABAMA RD, BLDG 932
MOODY AFB GA 31699-1794
FA4830
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
SEE SCHEDULEFAX:TEL: SEE SCHEDULE TEL: FAX:
FA483016R0004 58
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 work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ 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 offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.
governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-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
(Must be fully completed by offeror)OFFER
FA483016R0004
Section B - Supplies or Services and Prices
Contractor shall furnish plant, labor, equipment, material, supervision and all other work necessary to perform tasks required by this SABER Indefinite-Delivery/Indefinite Quantity (IDIQ) type contract to perform all functions required in strict accordance with the design drawings, statement of work, technical specifications, the Unit Price Book (UPB)(RS Means), as negotiated in individual task orders subsequently issued against this contract for the negotiated unit price sum from RS Means Price Book multiplied by the coefficient factor. Projects will be located at either Moody AFB, GA; Grand Bay Range, GA; Grassy Pond, GA; Spence Field, GA; Valdosta Regional Airport, GA; and Avon Park Range, FL., as may be ordered by the Contracting Officer.
Line Item Estimating/Design (LIE) 35% design. Government will provide a Statement of Objectives (SOO). The contractor shall attend a scoping meeting, record minutes for government review and complete all work incidental to furnishing project design and finalize a formal construction cost proposal, to include estimates of prepriced and non-prepriced items, detailed construction cost proposal, list of quantities of work elements, specify non-priced tasks, develop performance periods, site visits, scope meetings, Design/Drawings, Statements of Work, and complete negotiations to arrive at a FFP cost proposal inclusive of an acceptance period of 90 calendar days.
The estimated number of projects is based on historical data rounded to the nearest five (5).
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Lot SABER Basic Year
FFP
See Attachment 1A, Section B, Pricing Schedule.
FOB: Destination
SIGNAL CODE: A
NET AMT
1001 1 Lot OPTION SABER First Option Year
FFP
See Attachment 1A, Section B, Pricing Schedule.
2001 1 Lot OPTION SABER Second Option Year
FFP
See Attachment 1A, Section B, Pricing Schedule.
3001 1 Lot OPTION SABER Third Option Year
FFP
See Attachment 1A, Section B, Pricing Schedule.
4001 1 Lot OPTION SABER Fourth Option Year
FFP
See Attachment 1A, Section B, Pricing Schedule.
Section C - Descriptions and Specifications
PROCEDURES/TERMS/CONDITIONS
I. CONTRACTOR ACCESS TO SITE:
A. Government Facility: The government will provide the contractor an office location on Moody AFB not later than 5 days after award. The approximate size of the office is 874 square feet and is split into seven (7) offices. The contractor assumes the risk and responsibility for the loss or damage of government property in their possession.
B. Government Computers: The government will furnish and maintain two computers to be used during performance of this contract for purposes of official email, as-built drawing access, estimating system. The government will update the system as required throughout the contract period. This will improve functions of the cost estimating software and save the contractor time by not having to use the government’s physical drawing vault for as-builts that are available electronically. The contractor employees needing access to the government-supplied computers will be required to submit to a background check as well as pass the Information Security Test annually.
The contractor will be required to return the computers upon completion of the contract. Contractor computers are not allowed on the government network. Desktop computers supplied by the government will be used by the contractor to run the cost-estimating database on the main government server. All other computerized office functions (CADD, billing, etc.) will be operated on the contractor's own computers. Printers and plotters will not be provided.
II. SPECIAL INSTRUCTIONS
A. Coefficients
1. Offeror shall identify its coefficients on the attached Section B, Pricing Schedule and submit one (1) coefficient for each item. The coefficient is the price multiplier that the contractor offers. The government uses this multiplier to determine the price of work for each task on individual task orders. The prices established in RS Means unit price book (UPB) database Bare Cost (which means no markup for overhead and profit (OH&P)) column will be multiplied by the City Cost Index Weighted Average Total, and the coefficient to arrive at the actual price for a unit of work. The coefficient will be represented as "net" or a "decrease from" or an "increase to" the prices listed in RS Means. An offer of "net" would be represented as "1.0.” An example of a decrease from the prices in RS Means would be "0.99.” An example of an increase above the prices in RS Means would be "1.01."
2. Coefficients must contain the following contractor costs: overhead and general and administrative expenses, to include, but not necessarily limited to, site office overhead, equipment, on-site office staff salaries, vehicle and construction equipment maintenance, office administrative expenses, and a proportional share of home office overhead; all payroll taxes, such as FICA, Worker's Compensation (when not included in the wage determination), state and federal unemployment taxes for direct payroll employees; superintendents' salaries; project/program managers; builders' risk insurance; and profit. The contractor's coefficients must also contain construction as-builts, required computer equipment/supplies/software/software licenses, all contingencies (planning for coverage of initial cash flow deficits, differences in accuracy of the unit price book) and risks associated with this contract as no other allowance will be made after award. The coefficient should also include insurance, special clothing for workers, and additional supervision.
3. Line Item Estimating (LIE) fees must include the design effort, the cost of preparing the construction estimate, incorporating minor design changes introduced by the government, contractor's revisions to the design, and any subsequent negotiations required by the minor changes. If the government introduces changes that the contractor considers to be significant, the contractor must immediately notify the contracting officer (CO) in writing. This notification must be accompanied by supporting written justification of the contractor's position and a proposal for the design changes. If the CO determines the change to be major, the contractor will be equitably compensated for the change.
4. The contractor will be required to provide a weekly status sheet with all projects with status of where they are in the process of pre award, award, construction progress, etc. The government may specify the format.
B. Priced Items: Contractor will provide to the government the e4Clicks/RSMeans licenses as identified in the specifications. Construction task orders will be prepared using 4clicks Project Estimator with RSMeans Cost Data price book. RSMeans as included in 4clicks latest update at time of award of each task order will be used. It should be noted that the commercially updated software negates the need for any Economic Price Adjustment (EPA) provision in the contract and should likewise minimize need for out-year option price increases. The contractor will be responsible for purchase, maintenance, and update of software.
C. Non-Priced Items: Non-Priced Items (NPI) are items that are not established in the unit price book (RS Means) and thus must be negotiated prior to issuance of the task order or modification. NPI will not exceed 10% of the total task order. The contractor will be responsible for submitting three (3) sources of pricing for the NPI for evaluation by the government. If three (3) prices cannot be provided, the contractor will be responsible for explaining to the government why the provided prices should be considered fair and reasonable.
D. Performance Evaluation: At the conclusion of each SABER contract period or task order equal to or greater than $700,000, the contracting officer will complete a contractor performance evaluation taking into account all aspects of the contractor’s performance for input into CPARs or internal database as appropriate. Contractors will be provided a copy of the evaluation and afforded the opportunity to comment.
III. PROCEDURES FOR ISSUING CONSTRUCTION TASK ORDERS:
A. Moody AFB Guide Specifications: Guide Specifications are incorporated into this SABER contract as an attachment. The contractor’s submitted scope of work/statement of work shall specify in writing which individual sections of the guide specifications will apply to the specific project. Applicability of guide specification sections may be negotiated, mutually agreed upon and incorporated into the task order.
B. Conflicts And Ambiguities: In the event that any information contained in section C conflicts with any other SABER contract clauses and provisions, specifications, drawings, or any statement of work provided, those sections shall prevail.
C. Bona Fide Need: Defense Finance and Accounting Service Regulation (DFAS-IN Reg 37-1) requires that work/cost incurred for construction projects (applicable to the construction task order), funded by annual fiscal year appropriations cited on each task order commence by 31 December of the current calendar year. Commencement can be physical on-site work or the contractor must provide documentary evidence that costs have been incurred or materials have been ordered. The Contractor will not commence work until after receipt of the notice to proceed.
The notice to proceed will be issued in sufficient time to comply with this regulation.
1. Projects will be offered to the contractor by issuance of a task order for a LIE requesting a design and cost proposal from the contractor based on the government budget.
2. (a) The contracting office will schedule a scoping meeting and the government will invite all necessary shops and possibly end users to visit the site and review the requirements. The Statement of Objectives (SOO) will be provided to the contractor prior to the scoping meeting. The contractor is responsible for a sign in sheet at all scoping meetings and will submit the original sign in sheet, scope of work/statement of work, and written scoping notes/minutes to the contracting officer within one (1) workday following the site visit unless otherwise agreed upon. Discussions at the scoping meeting may include, but are not limited to: SOO, method of construction, sequence of operations, scheduling, access to site, delivery and storage of materials and equipment, work restrictions, coordination, project goals, liquidated damages and potential difficulties/problems. The contractor will provide a sign in sheet and meeting minutes for all ancillary meetings deemed necessary.
(b) The contractor’s full proposal in accordance with the SOO and site visit shall include, but is not limited to, a cover page, cost proposal, operational concerns, basic design solution (as needed), calculations (as needed), and drawings (as needed). The cover page or pages shall include project title, total project cost, list of assumptions, list of requirements, performance period, material lead times, and any special considerations such as request for winter exclusion, phasing of construction, etc. The contractor is shall provide an additional copy of the proposal with quantities and extended prices redacted. The contractor’s proposals shall be complete and concise. The proposal shall be submitted within the agreed upon time or not later than 10 calendar days after the scoping meeting.
3. The contracting officer or representative will return the documents to the contractor with approval/disapproval and comments. The government and the contractor will work diligently to complete this phase of the task order in a timely manner.
4. Once drawings and scope of work/statement of work are accepted by the contracting officer, the contractor will make necessary changes, if required, and submit these documents along with a cost proposal and a list of material submittals (AF Form 66) for government review within 3 calendar days or the agreed upon time.
5. The government and contractor should be prepared to review and negotiate the cost proposal within 10 calendar days after receipt of the cost proposal. Negotiations are based on RS Means UPB line item quantities and will include negotiating the period of performance.
6. If construction funding becomes available within the 90-day proposal acceptance period, the task order will be modified to add the construction funding and define project construction. Task order pricing exceeding the 90-day acceptance period will be re-negotiated. All LIE designs remain the property of the government and may be used at a later date.
III. TASK ORDER PROCEDURES:
A. After construction has been awarded:
1. Bonding is required in accordance with the contract.
2. Notice to proceed (NTP) for construction will be issued as negotiated or within 30 calendar days of construction award.
3. The contractor will be required to provide a schedule (AF Form 3064), if applicable, within 5 days of receiving the NTP. The contractor will provide a weekly progress report (AF Form 3065), if applicable, or when specified by the contracting officer, and is due by Tuesday at 10:00 am local time the following week.
4. Submit SF 1413’s for subcontractors prior to subcontractors’ starting work on each project.
5. Submit weekly payrolls for themselves and subcontractors.
6. Material submittals will be submitted as required by the AF Form 66. Other documents required include: Green Procurement Program Documents, letter identifying the superintendent for the project.
7. Performance Time: Performance will commence upon receipt of NTP issued by the contracting officer and will be monitored on all task orders. Liquidated damages as cited within the SABER basic contract will apply to the construction. The contractor shall track and immediately report in writing any delay to the contracting officer.
8. Quality Assurance: The government will monitor the contractor’s performance in accordance with the inspection clauses included in the contract and determine acceptance.
9. Pre-Final And Final Inspection:
(a) The contractor and government inspector shall conduct a joint pre-final inspection prior to requesting a final inspection in a timely manner to allow completion prior to scheduled completion date. Any discrepancies noted by the government will be written on a “Punch List,” provided to the contractor, and shall be corrected prior to the final inspection. The contracting officer may schedule more than one pre-final inspection if determined necessary. Pre-final inspections must be requested by the contractor in writing seven (7) calendar days prior to the desired date.
(b) The contractor shall request final inspection in writing and correct any discrepancies noted within five (5) calendar days following inspection unless the CO grants a longer period. The final inspection shall be performed by the government personnel with the contractor and the government may take beneficial occupancy as deemed appropriate. Any discrepancies noted shall be corrected prior to final payment for the respective task order.
B. NOTES:
1. These descriptions/procedures are not all-inclusive. Specific project requirements will be discussed during the pre-construction meeting upon award of the IDIQ contract.
2. The Government may forego an LIE and negotiate a project directly for award of task order.
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 252.201-7000 Contracting Officer's Representative DEC 1991
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 10-JAN-2018 TO
09-JAN-2019
N/A 23 CES/CE - F3E360
CIVIL ENGINEERING SQUADRON
3485 GEORGIA ST
MOODY AFB GA 31699-1707
229-257-3830
F3E360
1001 POP 10-JAN-2019 TO
09-JAN-2020
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 10-JAN-2020 TO
09-JAN-2021
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 10-JAN-2021 TO
09-JAN-2022
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 10-JAN-2022 TO
09-JAN-2023
N/A (SAME AS PREVIOUS LOCATION)
Section G - Contract Administration Data
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Construction
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
23 CES/CEC - F3E360
CONSTRUCTION ENGINEER
3485 GEORGIA ST
MOODY AFB GA 31699-1707
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F67100 Issue By DoDAAC FA4830 Admin DoDAAC FA4830 Inspect By DoDAAC FA4830 Ship To Code F3E360 Ship From Code Not Applicable Mark For Code Not Applicable Service Approver (DoDAAC) FA4830 Service Acceptor (DoDAAC) FA4830 Accept at Other DoDAAC Not Applicable LPO DoDAAC Not Applicable DCAA Auditor DoDAAC Not Applicable Other DoDAAC(s) Not Applicable
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
Contracting Officer and Contract Administratior of Task Order.
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
23 CPTS
Moody AFB, GA
(229) 257-3394
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
Section I - Contract Clauses
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2016
52.204-13 System for Award Management Maintenance OCT 2016 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
JUL 2013
52.215-2 Audit and Records--Negotiation OCT 2010 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010 52.215-14 Integrity of Unit Prices OCT 2010 52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data -- Modifications
OCT 2010
52.215-23 Limitations on Pass-Through Charges OCT 2009 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting JAN 2017 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.219-17 Section 8(a) Award JAN 2017 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime
Compensation
MAY 2014
52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014
52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and
Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for
Construction
APR 2015
52.222-30 Construction Wage Rate Requirements--Price Adjustment (None or Separately Specified Method)
MAY 2014
52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration
Equipment and Air Conditioners.
JUN 2016
52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer
Products - Alternate I
JUN 2014
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 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-25 Prompt Payment JAN 2017 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 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 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items JAN 2017 52.246-21 Warranty of Construction MAR 1994 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 SEP 2013 252.203-7004 Display of Hotline Posters OCT 2016 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 System for Award Management Alternate A FEB 2014 252.204-7006 Billing Instructions OCT 2005 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 Country that is a State Sponsor of Terrorism
OCT 2015
252.215-7000 Pricing Adjustments DEC 2012 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016 252.225-7048 Export-Controlled Items JUN 2013 252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7024 Notice and Approval of Restricted Designs APR 1984 252.227-7033 Rights in Shop Drawings APR 1966 252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7005 Airfield Safety Precautions DEC 1991 252.236-7006 Cost Limitation JAN 1997 252.236-7013 Requirement for Competition Opportunity for American Steel
Producers, Fabricators, and Manufacturers
JUN 2013
252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.242-7004 Material Management And Accounting System MAY 2011 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.245-7000 Government-Furnished Mapping, Charting, and Geodesy
Property
APR 2012
252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC
2014)
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
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 state in each task order. The time stated for completion shall include final cleanup of the premises.
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 $506.55 for the first day of delay and $392.29 for each calendar day there after 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 of this agreement through expiration or cancellation, not to exceed a total of five 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 $750,000.00;
(2) Any order for a combination of items in excess of $2,000,000.00; or
(3) A series of orders from the same ordering office within 30 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 10 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 the latest completion date among all remaining open task orders under construction and any open task orders without construction funding may be awarded within 90 calendar days of contract completion and be completed within the time specified for construction in the task order.
252.217-9 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 least 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.
52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)
(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 46 U.S.C. 40102(4) 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 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute 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 statute 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 statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1 Foreign construction material.... ................... ....... ……… Domestic construction material Item 2 Foreign construction material.... ...................... ........ …… Domestic construction material Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).
List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.219-7009 SECTION 8(A) DIRECT AWARD (SEP 2007)
(a) This contract is issued as a direct award between the contracting office and the 8(a) Contractor pursuant to the Partnership Agreement between the Small Business Administration (SBA) and the Department of Defense.
Accordingly, the SBA, even if not identified in Section A of this contract, is the prime contractor and retains responsibility for 8(a) certification, for 8(a) eligibility determinations and related issues, and for providing counseling and assistance to the 8(a) Contractor under the 8(a) Program. The cognizant SBA district office is:
U.S. Small Business Administration Georgia District Office 233 Peachtree Street NE Suite 1900 Atlanta, GA 30303
(b) The contracting office is responsible for administering the contract and for taking any action on behalf of the Government under the terms and conditions of the contract; provided that the contracting office shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting office also shall coordinate with the SBA prior to processing any novation agreement. The contracting office may assign contract administration functions to a contract administration office.
(c) The 8(a) Contractor agrees that--
(1) It will notify the…
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