FA4861-13-R-A014.pdf
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RKMF 13-0135, DEMO POOL AND FACILITIES 433,434,436 and 438.
This solicitation is a 100% set-aside for HUBZone businesses.
The North American Industry Code (NAICS) is 238910 and the small business size standard is $14M.
FUNDING IS NOT CURRENTLY AVAILABLE FOR CONSTRUCTION.
No aw ard w ill be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an affoeror for any costs.
Early submission of proposals w ill be accepted and are highly encouraged.
All times are local Pacif ic Standard time (PST).
POC: Steve Stone; Steven.Stone.12@us.af.mil
STEVE C. STONE 702-652-8480
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-Aug-2013
(RFP)
(IFB)
X
CALL:
Demo Pool Facilities
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 ________180 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 __________2 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________23 Sep 2013 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee is, X is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______60 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
99 CONS/LGCA
5865 SWAAB BLVD, BLDG 588
NELLIS AFB NV 89191-7063
FA4861
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
03:30 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
RKMF 13-0135
8. ADDRESS OFFER TO (If Other Than Item 7)
702-652-2532FAX:TEL: 702-652-9113 TEL: FAX:
FA4861-13-R-A014 50
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
FA4861-13-R-A014
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Lot RKMF 13-0135, Demo Bldg 433
FFP
Furnish all labor, supervision, equipment, tools, materials, incidental works and professional design as necessary to perform all work to complete DESIGN and
DEMOLITION of building 433 for Project: RKMF 13-0135 DEMO POOL
FACILITIES at Nellis AFB, Nevada, as ordered by the Contracting Officer. All work is to be performed in strict accordance with the terms and conditions specified herein.
FOB: Destination
PROJECT: RKMF 13-0135
SIGNAL CODE: A
NET AMT
0002 1 Lot RKMF 13-0135, Demo Bldg 434
FFP
Furnish all labor, supervision, equipment, tools, materials, incidental works and professional design as necessary to perform all work to complete DESIGN and
DEMOLITION of building 434 for Project: RKMF 13-0135 DEMO POOL
FACILITIES at Nellis AFB, Nevada, as ordered by the Contracting Officer. All work is to be performed in strict accordance with the terms and conditions specified herein.
FOB: Destination
0003 1 Lot RKMF 13-0135, Demo Bldg 436
FFP
Furnish all labor, supervision, equipment, tools, materials, incidental works and professional design as necessary to perform all work to complete DESIGN and
DEMOLITION of building 436 for Project: RKMF 13-0135 DEMO POOL
FACILITIES at Nellis AFB, Nevada, as ordered by the Contracting Officer. All work is to be performed in strict accordance with the terms and conditions specified herein.
FOB: Destination
0004 1 Lot RKMF 13-0135, Demo Bldg 438
FFP
Furnish all labor, supervision, equipment, tools, materials, incidental works and professional design as necessary to perform all work to complete DESIGN and
DEMOLITION of building 438 for Project: RKMF 13-0135 DEMO POOL
FACILITIES at Nellis AFB, Nevada, as ordered by the Contracting Officer. All work is to be performed in strict accordance with the terms and conditions specified herein.
FOB: Destination
Section C - Descriptions and Specifications
CLAUSES INCORPORATED BY REFERENCE
52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -
Alternate I
APR 1984
CLAUSES INCORPORATED BY FULL TEXT
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
(End of clause)
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
0003 Destination Government Destination Government
0004 Destination Government Destination Government
52.246-12 Inspection of Construction AUG 1996
52.246-13 Inspection--Dismantling, Demolition, or Removal of
Improvements
AUG 1996
252.246-7000 Material Inspection And Receiving Report MAR 2008
Section F - Deliveries or Performance
ADDITION DELIVERY INFORMATION
The Design period of performance is 90 Calendar Days after receipt of Notice to Proceed (NTP).
The Construction period of performance is 90 Calendar Days after receipt of Notice to Proceed (NTP).
Total period of performance is 180 Calendar Days.
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 180 dys. ADC 1 99 CES/CEPM - F3GHFA
ERIKA L. PATALON
6020 BEALE AVE, BLDG 812
NELLIS AFB NV 89191-7260
702-652-7917
FOB: Destination
F3GHFA
0002 180 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0003 180 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0004 180 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
52.247-34 F.O.B. Destination NOV 1991
52.211-12 LIQUIDATED DAMAGES -- CONSTRUCTION (SEPT 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract or task order, the
Contractor shall pay liquidated damages to the Government in the following amounts:
(1) the sum of $402.86 for each day of unexcusable delay past the scheduled completion date until the date of beneficial occupancy (i.e., substantial completion as determined by the Contracting Officer);
(2) an additional sum of $63.79 for the first and last day of unexcusable delay exceeding the scheduled completion date; and
(3) the sum of $75.50 for each day of unexcusable delay exceeding the date of the beneficial occupancy (i.e. substantial completion as determined by the Contracting Officer) or the established completion date, whichever, occurs later, until the project is accepted by the Government, including but not limited to the completion of all punchlist items, final submittals, and cleanup.
(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.
Section G - Contract Administration Data
252.204-7006 Billing Instructions OCT 2005
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
Section H - Special Contract Requirements
H-98
FEDERAL HOLIDAYS
This base observes the following Federal legal holidays:
New Year's Day 1 January
Martin Luther King's Birthday Third Monday In January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day 4 July
Labor Day First Monday in September
Columbus Day Second Monday in October
Veterans Day 11 November
Thanksgiving Day Fourth Thursday in November
Christmas Day 25 December
NOTE: Holidays falling on a Saturday will be observed on the preceding Friday.
Holidays falling on a Sunday will be observed on the following Monday.
(End of Clause)
H-99
NORMAL HOURS OF WORK
(a) Normal work hours for Contracting personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. In order to ensure availability of personnel, please schedule your meetings and visits at least 24 hours in advance.
(b) Normal work hours for Base Engineering personnel are from 7:00 a.m. to 4:00 p.m., Monday through
Friday, excluding Federal holidays and the day after Thanksgiving. Access to work sites will be restricted to these hours and days, unless otherwise specified in the project documents.
(1) Deviations to this schedule will be considered if it is in the best interest of the government as determined by the Contracting Officer. If the Contractor desires to work hours other than normal work hours, he/she must submit to the Contracting Officer for review, a written request at least three working days prior. The request shall note the activities planned and the planned hours/days of work so that the construction inspectors can plan their work schedule. If inspectors are required to perform in excess of their normal duty hours/days solely for the benefit of the contractor, the actual cost of inspection at overtime rates will be charged to the contractor. These adjustments to the contract price shall be deducted from the next payment authorized after overtime rates have been determined.
(2) Work that cannot be fully inspected after its completion will normally not be allowed to be done during other than normal work hours/days, or as otherwise specified in the project documents, without written
Contracting Officer approval.
H-100
REQUIRED INSURANCE (IAW FAR 28.306(b))
(a) In conformance with FAR 52.228-5 clause, InsuranceWork on a Government Installation, the
Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.
(1) Workmen's Compensation and Employers Liability Insurance as required by law (except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory). The required Workmen's
Compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.
(2) General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.
(3) Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.
(b) An “Insurance Certificate of Compliance” form can be obtained upon request from the 99 th
Contracting
Squadron contract administrator assigned to this requirement.
H-101
PAYMENT AND PERFORMANCE BONDS
(a) After contract award (i.e., Notice of Award, Executed Contract or Task Order), the Contractor shall furnish two bonds, a Performance Bond (on Standard Form (SF) 25) and a Payment Bond (on Standard Form (SF) 25A), each with good and sufficient surety or sureties, acceptable to the Government. The penal sums of such bonds will be based on the awarded amount; or (if this is the initial award of an Indefinite Delivery, Indefinite Quantity (IDIQ) type contract) the guaranteed contract minimum or the amount of the first task order, whichever is larger. Each project under an IDIQ contract shall be bonded. When the award price is increased by modification, the penal sum of the bond shall be increased. The payment and performance bond amounts shall be as specified in FAR Clause
52.228-15, Performance and Payment Bonds--Construction. A Notice to Proceed (NTP) with the work awarded will not be issued by the Contracting Officer and no work shall begin until good and sufficient surety has been received and accepted by the Contracting Officer.
(b) All required bonds and bond increases shall be furnished by the Contractor to the Government within the timeframe prescribed on page 1 of this document after finalization of the award or modification document.
(c) Bonds shall be in the form of a firm commitment, supported by corporate sureties whose names appear on the list contained in Department of the Treasury’s Listing of Approved Sureties (Department Circular 570), individual sureties acceptable to the Contracting Officer, or other acceptable security such as a postal money order, certified check, cashier’s check, irrevocable letter of credit or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of Treasury, Financial Management Services, Surety Bonds Branch, 401 14th St NW FL
West, Washington DC 20227-1017. The listing may also be accessed electronically at the following address:
http://www.fms.treas.gov/c570/index.html .
H-101B
ALTERNATIVE PAYMENT PROTECTIONS
(a) Federal Acquisition Regulation (FAR) clause 52.228-13, Alternative Payment Protections, is applicable if the value of this project exceeds $30,000 but does not exceed $100.000.
(c) If the value of the project exceeds $100,000, both payment and performance protection (e.g., Bonding) will be required.
(b) If payment protection is required, a Notice to Proceed will not be issued until good and sufficient surety is received by the contracting officer.
H-102
DESIGNATION OF CONTRACTING OFFICER REPRESENTATIVE (COR)
The Base Civil Engineer or his/her authorized representative is designated as the representative of the Contracting
Officer (COR) for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This designation in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of the contract. The COR performs quality assurance for the government and is not authorized or required to perform the quality control for the contractor.
http://www.fms.treas.gov/c570/index.html
H-103
AVAILABILITY AND USE OF UTILITY SERVICES
(a) In conformance with FAR Clause 52.236-14, Availability and Use of Utility Services, all reasonable amounts of domestic water and electricity will be made available to the Contractor at no cost by the Government from existing system outlets and supplies. With prior coordination and approval, the contractor may be given access to water hydrants to obtain water for construction activities.
(b) The Contractor shall, at his own expense, make all temporary connections and install distributions lines as may be needed. The Contractor shall furnish to the Contracting Officer a complete system layout drawing showing type of materials to be used and method of installation for all temporary systems. All temporary lines shall be maintained by the contractor in a workmanlike manner satisfactory to the Contracting Officer and shall be removed by the Contractor in a like manner prior to final acceptance of the construction. The point of connection shall be coordinated with the Government technical representative prior to connection. If additional outlets or utilities are needed they will be provided at the Contractor’s expense.
H-107
EMERGENCY MEDICAL TREATMENT
The Mike O’Callaghan Federal Hospital (MOFH) will provide emergency medical treatment to employees of the
Contractor for injuries incurred while working at Nellis AFB NV. The Contractor will be required to reimburse the
Government at an established rate for non-beneficiaries in accordance with DoD Regulation 6010.15. After receiving initial emergency treatment, the Contractor will provide the hospital with the name of a physician and/or hospital to which injured personnel can be transferred for further treatment and care. Follow-on care after initial emergency treatment will not be provided.
H-108
WEATHER CONDITIONS
(a) Weather Hazards: The Contractor shall satisfy himself as to the hazards likely to arise from weather conditions. Complete weather records and reports may be obtained from any U.S. Weather Bureau office.
Additional performance time will only be considered for time lot as a result of unusual and severe weather.
(b) High Winds: When warnings of winds of gale force or stronger are issued, Contractor shall take every practicable precaution to minimize damage (including overspray) to persons, work, and adjacent property. These precautions may include removing all stored materials, tools, and/or equipment from exposed locations and removing or securing any temporary structures.
(c) Time Extensions: In conformance with Federal Acquisition Regulation Clause (FAR) 52.249-10, Default
(Fixed-Price Construction), only unusually severe weather will be considered by the Contracting Officer in determining if the time for completing the work is excuseable as a result of weather and the performance period should be extended.
H-109
PAYROLLS
(a) The Contractor shall submit weekly payrolls in conformance with FAR Clause 52.222-8, Payrolls and
Basic Records. This information may be submitted on Optional Form WH-347 and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington DC 20402. When OF WH 347 (or an equivalent form that provides the same data and identical representation) is not used, a DD Form 879, Statement of Compliance, must be submitted with each payroll report.
Payroll information must be certified but may be submitted in any form desired.
(b) The prime contractor shall submit both its and its subcontractor's weekly payrolls within seven (7) calendar days after the regular payment date of the payroll week covered. When no work has been accomplished during the week, by either the prime or a subcontractor who has started work, the contractor shall certify a "Statement of Non-
Performance" for itself and/or its subcontractors.
(c) Subcontractor payrolls shall be provided under transmittal cover letter from the prime contractor to show their review and approval.
(d) The contractor shall request conformance of any class of laborers or mechanics not listed in the attached wage determination but who are to be employed under the contract on Standard Form (SF) 1444, Request for
Authorization of Additional Classification and Rate.
(e) A copy of the applicable Apprenticeship or Training Agreement must accompany the payroll when a worker is listed as an apprentice or trainee. Such agreement must be approved by the appropriate agency and shall identify the allowable ratio of apprentices/trainees to journeymen, the applicable rate of pay allowed, and the employee's level of progress expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.
(f) The last payroll of the prime and each subcontractor shall be clearly marked "FINAL" when submitted.
(g) FAILURE TO TIMELY SUBMIT COMPLIANT PAYROLLS MAY DELAY PAYMENT FOR
COMPLETED WORK.
H-701
TELEPHONE AND INFORMATION TECHNOLOGY COMMUNICATIONS SECURITY MONITORING
Civilian contractor personnel are advised that all telephone and information technology communications are for
“Official Use Only.” All communications within DoD organizations and on DoD property are subject to communications security (COMSEC) review. All contractor personnel must be aware that telephone and information technology communication networks are continually subject to intercept by unfriendly intelligence organizations.
Any time they use information technology or place/receive a call from or to a USAF organization, they are subject to
COMSEC procedures and the communication may be monitored by government personnel. The contractor, therefore, will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees working on this contract.
Section I - Contract Clauses
52.202-1 Definitions JAN 2012
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees APR 1984
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures OCT 2010
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
JAN 1997
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management JUL 2013
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards
JUL 2013
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
JUL 2013
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
MAY 2012
52.211-13 Time Extensions SEP 2000
52.211-18 Variation in Estimated Quantity APR 1984
52.215-2 Audit and Records--Negotiation OCT 2010
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.219-3 Notice of HUBZone Set-Aside or Sole Source Award NOV 2011
52.219-4 Notice of Price Evaluation Preference for HUBZone Small
Business Concerns
JAN 2011
52.219-8 Utilization of Small Business Concerns JUL 2013
52.219-14 Limitations On Subcontracting NOV 2011
52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013
52.222-3 Convict Labor JUN 2003
52.222-4 Contract Work Hours and Safety Standards Act - Overtime
Compensation
JUL 2005
52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005
52.222-6 Davis Bacon Act JUL 2005
52.222-7 Withholding of Funds FEB 1988
52.222-8 Payrolls and Basic Records JUN 2010
52.222-9 Apprentices and Trainees JUL 2005
52.222-10 Compliance with Copeland Act Requirements FEB 1988
52.222-11 Subcontracts (Labor Standards) JUL 2005
52.222-12 Contract Termination-Debarment FEB 1988
52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988
52.222-14 Disputes Concerning Labor Standards FEB 1988
52.222-15 Certification of Eligibility FEB 1988
52.222-21 Prohibition Of Segregated Facilities FEB 1999
52.222-26 Equal Opportunity MAR 2007
52.222-27 Affirmative Action Compliance Requirements for
Construction
FEB 1999
52.222-34 Alt I Project Labor Agreement (May 2010) Alternate I MAY 2010
52.222-35 Equal Opportunity for Veterans SEP 2010
52.222-36 Affirmative Action For Workers With Disabilities OCT 2010
52.222-37 Employment Reports on Veterans SEP 2010
52.222-40 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 JUL 2012
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
JUL 2012
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997
52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May
2011) Alternate I
MAY 2011
52.223-6 Drug-Free Workplace MAY 2001
52.223-11 Ozone-Depleting Substances 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
52.224-1 Privacy Act Notification APR 1984
52.224-2 Privacy Act APR 1984
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-1 Authorization and Consent DEC 2007
52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.227-4 Patent Indemnity-Construction Contracts DEC 2007
52.228-2 Additional Bond Security OCT 1997
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.228-11 Pledges Of Assets JAN 2012
52.228-12 Prospective Subcontractor Requests for Bonds OCT 1995
52.228-13 Alternative Payment Protections JUL 2000
52.228-14 Irrevocable Letter of Credit DEC 1999
52.228-15 Performance and Payment Bonds--Construction OCT 2010
52.229-3 Federal, State And Local Taxes FEB 2013
52.229-4 Federal, State, And Local Taxes (State and Local
Adjustments)
FEB 2013
52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002
52.232-11 Extras APR 1984
52.232-17 Interest OCT 2010
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
52.233-1 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
52.236-15 Schedules for Construction Contracts APR 1984
52.236-17 Layout of Work APR 1984
52.236-26 Preconstruction Conference FEB 1995
52.242-1 Notice of Intent to Disallow Costs APR 1984
52.242-13 Bankruptcy JUL 1995
52.242-14 Suspension of Work APR 1984
52.242-15 Stop-Work Order AUG 1989
52.243-4 Changes JUN 2007
52.244-5 Competition In Subcontracting DEC 1996
52.244-6 Subcontracts for Commercial Items JUL 2013
52.246-21 Warranty of Construction MAR 1994
52.248-3 Value Engineering-Construction OCT 2010
52.249-1 Alt I Termination for Convenience of the Government (Fixed-price) (Short Form) (Apr 1984) - Alternate I
APR 1984
52.249-3 Termination for Convenience of the Government
(Dismantling, Demolition, or Removal of Improvements)
APR 2012
52.249-10 Default (Fixed-Price Construction) APR 1984
52.251-1 Government Supply Sources APR 2012
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-
Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Alt A SYSTEM FOR AWARD MANAGEMENT Alternate A MAY 2013
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Terrorist Country
DEC 2006
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010
252.222-7999 Additional Requirements And Responsibilities Restricting
The Use Of Mandatory Arbitration Agreements (DEV 2010-
O0004)
FEB 2010
252.223-7006 Prohibition On Storage And Disposal Of Toxic And
Hazardous Materials
APR 2012
252.225-7012 Preference For Certain Domestic Commodities FEB 2013
252.225-7048 Export-Controlled Items JUN 2013
252.228-7004 Bonds Or Other Security DEC 1991
252.232-7010 Levies on Contract Payments DEC 2006
252.236-7000 Modification Proposals-Price Breakdown DEC 1991
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 JUN 2013
252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the
Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 Calendar Days. The time stated for completion shall include final cleanup of the premises.
52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)
The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this contract.
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)
52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)
The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifteen (15) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the
Contracting Officer determines that the reduction would be to the advantage of the Government.
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.
252.209-7995 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT
TAXLIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2013
APPROPRIATIONS (DEVIATION 2013-O0010) (APR 2013)
(a) In accordance with sections 8112 and 8113 of Division C and sections 514 and 515 of Division E of the
Consolidated and Further Continuing Appropriations Act, 2013,(Pub. L. 113-6), none of the funds made available by that Act for DoD (including Military Construction funds) may be used to enter into a contract with any corporation that—
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that—
(1) It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,
(2) It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
252.209-7996 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW – DOD MILITARY
CONSTRUCTION APPROPRIATIONS (DEVIATION 2013-O0006) (JAN 2013)
(a) In accordance with section 101(a)(10) of the Continuing Appropriations Resolution, 2013, (Pub. L. 112-175) none of the funds made available by that Act for military construction may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that it is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
252.209-7997 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—DOD APPROPRIATIONS
(DEVIATION 2013-O0006) (JAN 2013)
(a) In accordance with section 101 (a) (3) of the Continuing Appropriations Resolution, 2013, (Pub. L. 112-175) none of the funds made available by that Act for general appropriations for DoD may be used to enter into a contract with any corporation that—
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless the agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that—
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
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)…
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