FA4855-14-B-0008_Solicitation_Document.pdf

Project No: CZQZ060104

This is a Small Business Set-Aside. NAICS 238220. Small Business Size Standard $14,000,000.00.

This is a sealed-bid solicitation. This is a f irm-fixed price construction contract.

A 20% Bid Bond w ill be required

The estimated magnitude of this project is betw een $1,000,000 and $5,000,000

ADVANCED CONTRACTING PROVIDED UNDER AFFARS 5332.7 AND FAR 32.703 UPON RECEIPT OF LOW BID MESSAGE

Notice to Offerors: Funds are not presently available for this project and no aw ard w ill be made under this solicitation until funds are available. Bid acceptance period should be valid through 30 Sep 14. Due to budget uncertainty, the government reserves the right to cancel this solicitation, either on or before 30 Sep 14, w ith no obligation to the offeror by the government.

X

CEARA C. CORDEN (575) 784-4109

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

23-Jul-2014

(RFP)

(IFB)

CALL:

Replace HVAC Bldg 785

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________305 calendar days after receiving aw ard, X 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 w ork required are due at the place specif ied in Item 8 by ___________ local time ______________25 Aug 2014 (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 X is, 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 _______35 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

27 SOCONS/CC

110 E ALISON AVE, BLDG 600

CANNON AFB NM 88103-5321

FA4855

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.

CZQZ060104

8. ADDRESS OFFER TO (If Other Than Item 7)

(575) 784-4791FAX:TEL: (575) 784-2321 TEL: FAX:

FA4855-14-B-0008 36

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

FA4855-14-B-0008

Section A - Solicitation/Contract Form

INSTRUCTIONS

The Government will award a contract without discussions, based solely on low bid offers received. Therefore, each initial offer received should be submitted on the most favorable terms from a price standpoint.

The preferred method of completion for Representations and Certifications is at the System for Award

Management (SAM) at https://www.sam.gov/portal/public/SAM/. If you are unable to use this method, contact the Contracting Officer (CO) for a full copy prior to date/time scheduled for receipt of offers. Failure to complete all required Representations and Certifications may render your proposal ineligible for award.

Enter prices in BLACK INK or TYPEWRITER at the individual Contract Line Item Numbers starting at Page 4.

PRE-PROPOSAL CONFERENCE AND SITE VISIT

In accordance with FAR 52.236-27, a pre-proposal conference / site visit will be conducted at Cannon AFB on

31 July 2014 at 2:00 PM Mountain Daylight Time (MDT). All offerors are highly encouraged to attend this conference. Prospective offerors desiring to attend should submit a request to attend to SSgt Ceara Corden or

Mr. Richard Morris no later than 4:00 PM MDT on 28 July 2014. Offerors may contact this office between the hours of 8:00 AM and 4:00 PM MDT. Contact information for SSgt Ceara Corden is (575) 784-4109 or by email at ceara.corden@us.af.mil. Contact information for Mr. Richard Morris is (575) 784-4312, or by email at richard.morris.5@us.af.mil. Facsimiles will not be accepted.

NOTE: To receive a base visitor’s pass for access to the base, personnel must possess two forms of identification, at least one with a photo, such as U.S. Passport (unexpired or expired), a valid State or Government picture identification card, voter’s registration card, or original or certified copy of a U.S. birth certificate. Personnel requesting vehicle access must also provide a valid driver’s license, and valid vehicle insurance certificate.

SUBMISSION OF QUESTIONS

Questions regarding this solicitation shall be submitted in writing to SSgt Ceara Corden or Mr. Richard Morris via e-mail to ceara.corden@us.af.mil or richard.morris.5@us.af.mil. Facsimiles will not be accepted. All questions must be received no later than close of business 18 August 2014.

SUBMISSION OF PROPOSALS

Offerors are responsible for submitting proposals so as to reach the Government office designated in the solicitation by the date/time specified. Note that the Government office designated for receipt of proposals is the address shown in Block 7 of the SF1442.

Personnel wishing to hand-deliver proposals to either of the individuals listed above, must notify the POCs via email not later than 72 hours prior to the date and time established for receipt of proposals or planned delivery. Entry to Cannon AFB is at the Main Gate off Hwy 60/84. Please allow additional time to arrive at the visitor’s center at the Main Gate during high traffic periods.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Repair HVAC BLDG 785

FFP

1. Provide all plant, labor, equipment, material, transportation, supervision, and other incidentals necessary for construction for the accomplishment of the work in accordance with all attachments found in Section J.

2. The total performance period for this project will be 305 calendar days from issuance of the Notice to Proceed. Weather days will be applied for by the

Contractor and approved by the Contracting Officer. Both the Government and the

Contractor will track weather days.

3. Payment and performance bonds will be required within 10 calendar days of award.

4. Progress Schedule: Required within 7 calendar days from issuance of the Notice to Proceed date.

5. Notice to Proceed (NTP): NTP will be issued upon agreement of the

Government and the Contractor, after receipt of original payment and performance bonds and completed AF Form 103, Dig Permit.

NTP may be issued after receipt of payment and performance bonds and with coordination and approval of the Government Project Manager.

6. Pre-Performance Conference: Will be held at a later date.

7. Wage Determination NM23, Attachment 7, dated 27 June 2014, applies to this project.

FOB: Destination

MFR PART NR: Z2AA-RE-PLC-HVAC

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Each

NMGRT

FFP

New Mexico Gross Receipts Tax (NMGRT) on Project CAQZ060104, Replace

HVAC Bldg. 785. The NMGRT should be calculated on the current rate (5.875%) for the remainder of Curry County.

MFR PART NR: Z2AA-RE-PLC-HVAC

NET AMT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 305 dys. ADC 1 27 SOCES

RAY PAWLEY

506 N AIR COMMANDO WAY

CANNON AFB NM 88103

575-784-2209

F1L3J2

0002 305 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

F1L3J2

Section G - Contract Administration Data

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

CLAUSES INCORPORATED BY FULL TEXT

WIDE AREA WORK FLOW, DODAAC, AND EMAIL DISTRIBUTION TABLE

DFARS 252.232-7003 Electronic Submission of Payment Requests applies to this contract.

USE OF WAWF IS MANDATORY – Requests for payment shall be processed electronically via the Wide Area

Work Flow (WAWF) system. There are no charges or fees to use WAWF. If you are not currently registered with

WAWF, contact the WAWF Help Desk at 1-866-618-5988 or 1-801-605-7095. Web Based Training is located at http://www.wawftraining.com/ and a live training database is located at https://wawftraining.eb.mil/. For specific questions, contact your administrator.

Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Limestone at

1-866-724-0526 or faxed to 1-866-392-7091. You must have your contract number and invoice number ready when inquiring about payment status. Payment information can also be accessed at the DFAS web site:

http://www.dfas.mil.

Contract Administrator is: SSgt Ceara Corden

Call with questions: 575-784-4109

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR RECEIVING REPORTS,

INVOICES AND ADDITIONAL E-MAILS CORRECTLY THROUGH WAWF.

CONTRACT NUMBER:

DELIVERY ORDER NUMBER:

CAGE CODE:

ISSUE BY DODAAC: FA4855

ADMIN DODACC: FA4855

SERVICE ACCEPTOR/SHIP TO:

PAY OFFICE DODAAC:

EMAIL POINT OF CONTACT LISTING: (Send emails to the following personnel):

CONTRACT ADMINISTRATOR: ceara.corden@us.af.mil

CUSTOMER:

CONTRACTING OFFICER: richard.morris.5@us.af.mil

TYPE OF INVOICE: Recommend using the type of invoice indicated with "X" below:

__ Invoice as 2-in-1 (Recommended for Services)

__ Invoice and Receiving Report (Combo) (Recommended for Supplies)

__ Invoice Only http://www.wawftraining.com/ https://wawftraining.eb.mil/ http://www.dfas.mil/

X Construction (NOTE: Invoices to be submitted only AFTER receipt of approved AF Form 3065, Contract Progress Report)

Section H - Special Contract Requirements

CAFB 2009-1 VPP Elements for Requirements Documents (6 APRIL 2009)

Service and construction requirement documents shall include the following specifications for "applicable contractors:"

1. DEFINITIONS:

Applicable contractors. These requirements apply only to contractors whose employees work more than

1000 hours per quarter on a government installation, Days Away, Restricted, and or Transfer Case Incident Rate (DART). Number of recordable injuries and illness cases per 100 full-time employees resulting in days away from work, restricted work activity, and/or job transfer that a site has experienced in a given time frame.

Total Case Incidence Rate (TCIR). Total number of recordable injuries and illness cases per 100 full-time employees that a site has experienced in a given time frame.

2. Cannon AFB is in the process of pursuing VPP recognition or has already been recognized under the

OSHA Voluntary Protection Program (VPP). VPP impacts all "applicable contractors" operating on Air

Force Installations. It is the contractor's responsibility to ensure its employees and managers have a comprehensive understanding of VPP as well as full compliance with OSHA requirements. Contractors

(to include applicable contractors), whether regularly involved in routine site operations or engaged in temporary projects such as construction or repair, must follow the safety and health rules of the installation or VPP site. Detailed information on VPP is available on the OSHA website at http://www.osha.gov/dcsp/vpp/index.html.

3. Applicable contractors are required to submit their TCIR and DART rates and OSHA Form 300A annually to the contracting office for consolidation and submission as part of the installation's annual VPP

Safety and Health Management report. TCIR and DART rates are due by the 15 th of January of each year.

4. An applicable contractor's Quality Control Plan must identify the processes and procedures the contractor will use to track compliance with the Safety and Health Plan, and the process and procedures that will be used to correct violations.

5. It is the applicable contractor's sole responsibility for compliance with the Occupational Safety and

Health Act (OSHA) (Public Law 91-596). The contractor must submit a Safety and Health Plan and corresponding site safety checklist to the contracting officer 10 days after contract award. The contractor's plan shall include appropriate measures to ensure the contractor reacts promptly to investigate, correct and track alleged safety & health violations and/or uncontrolled hazards in contractor work areas. Additional, installation specific references and policies may be included/attached to this section. The plan shall:

5.1. demonstrate a management commitment to employee safety and health;

5.2. identify the application of the safety and health plan to subcontractors;

5.3. identify the roles and responsibilities of the following individuals:

5.3.1. Management;

5.3.2. Supervisors;

5.3.3. Employees;

5.3.4. Safety Coordinator;

5.4. identify applicable safety rules and regulations;

5.5. include a worksite hazard analysis to include base-line hazard identification and required control measures;

5.6. include a job site analysis to include hazards of tasks required to control measures;

5.7. identify employee safety and health training requirements and the documentation process;

5.8. include a workplace inspection frequency, to include identifying the individual conducting the inspections;

5.9. include employee hazard reporting procedures;

5.10. identify individual(s) responsible for corrective action hazards;

5.11. identify first aid/injury procedures;

5.12. identify procedures for accident investigation and reporting;

5.13. identify emergency response procedures; and

5.14. identify the process for tracking controlled hazards in contractor work areas

6. An applicable contractor is responsible for establishing these requirements for all subcontractors who qualify as applicable contractors under the resulting contract.

ENVIRONMENTAL IMPACT

ENVIRONMENTAL IMPACT

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 any time 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 12088, 13 October 1978, 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 Endangered Species Act, as amended (16 USC Sec 1531, ET SEQ); the Toxic Substances

Control Act, as amended (15 USC 2601, ET SEQ); the National Historic Preservation Act, as amended (16 USC Sec

470, ET SEQ); the Solid Waste Act, as amended (42 USC 6901 ET SEQ); and the Archaeological and Historic

Preservation Act, as amended (16 USC Sec 469, ET SEQ).

See attachment 9 for guidelines regarding local environmental practices, and how materials used during this requirement are to be handled.

HAZARDOUS MATERIALS USAGE REPORTING

Contractor shall identify and report hazardous materials, as defined by FED-STD-313D, used during the performance of this contract. This list shall include the following:

Product name of material

Manufacturer of material if not specified on MSDS

Job for which the material is/was used

Amount of material used in weight or volume

As an attachment to the report, Contractor shall provide a MSDS for each material listed. Contractor shall submit this Report to the Contracting Officer before beginning performance under this contract. This initial report will provide usage estimates for each hazardous material. Thereafter, Contractor shall submit reports quarterly that contain actual usage information. The Contracting Officer will forward these reports to CAFB HazMart (27

SOLRS/LGSDMH) for hazardous material inventory tracking purposes. HazMart in consultation with 27

SOCES/CEV may determine after review of the initial report that follow-on reports are not necessary.

(End)

Section I - Contract Clauses

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-7 Anti-Kickback Procedures OCT 2010

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 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

JUL 2013

52.204-13 System for Award Management Maintenance JUL 2013

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

AUG 2013

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.211-13 Time Extensions SEP 2000

52.214-26 Audit and Records--Sealed Bidding OCT 2010

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding

AUG 2011

52.214-28 Subcontracting Certified Cost Or Pricing Data--

Modifications--Sealed Bidding

OCT 2010

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986

52.222-3 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

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons FEB 2009

52.222-54 Employment Eligibility Verification AUG 2013

52.222-99 (Dev) Establishing a Minimum Wage for Contractors (Deviation

2014-O0017)

JUN 2014

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

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

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007

52.228-2 Additional Bond Security OCT 1997

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-11 Pledges Of Assets JAN 2012

52.228-12 Prospective Subcontractor Requests for Bonds OCT 1995

52.228-14 Irrevocable Letter of Credit DEC 1999

52.228-15 Performance and Payment Bonds--Construction OCT 2010

52.229-3 Federal, State And Local Taxes FEB 2013

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

52.232-27 Prompt Payment for Construction Contracts JUL 2013

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 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

52.236-16 Quantity Surveys APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-26 Preconstruction Conference FEB 1995

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.243-4 Changes JUN 2007

52.244-6 Subcontracts for Commercial Items DEC 2013

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering-Construction OCT 2010

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

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A MAR 2014

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

MAR 2014

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) AUG 2012

252.223-7001 Hazard Warning Labels DEC 1991

252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 2012

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

252.232-7010 Levies on Contract Payments DEC 2006

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.236-7006 Cost Limitation JAN 1997

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

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 305 days after Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $324.60 for the first day and $268.90 for each additional 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.

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS (MAY 2008)

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

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to 27 SOCONS/BFLT, 110 E Alison Ave BLDG 600, Cannon AFB, NM 88103

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

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

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

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

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

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

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

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

(b)(3) of this clause.

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

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

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

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

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

Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the

Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) \1\

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB

2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act--Construction Materials” (Federal Acquisition Regulation (FAR) clause

52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the

Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR

52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

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):

FAR: http://farsite.hill.af.mil/VFFARa.htm

DFAR: http://farsite.hill.af.mil/VFDFARA.HTM

AFFAR: http://farsite.hill.af.mil/VFAFFARA.HTM http://farsite.hill.af.mil/VFFARa.htm http://farsite.hill.af.mil/VFDFARA.HTM http://farsite.hill.af.mil/VFAFFARA.HTM

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 of Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

See Section J

5352.201-9101 OMBUDSMAN (APR 2014)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Col

Tara L. Morrison, AFICA/KO, 427 Cody Avenue (Bldg 90333), Hurlburt Field, FL 32544-5407, Phone: (850) 554-

3990, DSN: 579-3990, Fax: (850) 884-2476, Email: Tara.morrison@hurlburt.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/HQ

AFICA/AFISRA/SMC ombudsman level, may be brought by the interested party for further consideration to the Air

Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force

Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

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

2012)

(a) Contractors shall not:

(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or

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

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

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

http://www.whitehouse.gov/omb/circulars/a076/a76_rev2003.pdf http://www.e-publishing.af.mil/shared/media/epubs/AFI32-7086.pdf

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

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

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

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

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)

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

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and social security card to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management citing the appropriate paragraphs as applicable.

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

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

http://www.e-publishing.af.mil/shared/media/epubs/AFI31-501.pdf

CAFB 2012-1 Antiterrorism/Force Protection (ATFP) (5 Dec 2011)

(a) Contractors are integral Cannon AFB multipliers which provide additional sets of eyes to maintain security vigilance and report suspicious activity (activities) affecting our base community.

All contractor personnel shall comply with Antiterrorism/Force Protection measures as specified in this clause.

(b) Contractors and all personnel employed by the contractor in the performance of this contract shall not park any vehicle closer than 82 feet next to primary occupancy facilities (50+ personnel), 33 feet next to inhabited facilities (11-49 personnel), with the exception of already established parking areas for any Cannon AFB facility. Contractor equipment will not be placed any closer than 33 feet of any facility. Exceptions to this policy will need to be approved in writing by the

Contracting Officer. The Contracting Officer shall coordinate with the 27 th

Special Operations

Wing Antiterrorism Office and the 27 th

Special Operations Security Forces Squadron prior to approval/disapproval of waiver request(s).

(c) During increased Force Protection Conditions (FPCONs), entry requirements to the installation may change with little to no notice. Depending on the incident or threat, all personnel, to include contractors, may be denied access to the installation for safety/security reasons.

(i) During Force Protection Condition (FPCON) Normal and Alpha, personnel without base issued badges or workers pass must be sponsored onto the installation.

(ii) During FPCON Bravo, Charlie and Delta, personnel without base issued identification shall be physically escorted onto the installation.

(iii) During Higher FPCONs (Charlie and Delta) the base will curtail non-essential operations/functions; access by Non-Essential Contractors will be suspended at the direction of the

Installation Commander.

(d) Contractors are subject to spot checks or inspections of their vehicles and personal items at entry control points or facility access points during higher threats or during random antiterrorism measure checks. Failure to comply with these added security measures may result in denial of access to the installation.

(e) Contractors are encouraged to receive Antiterrorism Awareness Training annually available at no cost; however, it is not mandatory in CONUS. Installation, Mission Element or the Unit

Antiterrorism Representative (ATR) can provide this training when requested.