FA5004-12-R-C005 Turbine 5.pdf
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- Maintain Turbine Generator #5 Federal contract opportunity
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- FA5004-12-R-C005
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FA5004-12-R-C005 Repair Turbine 5 Eielson AFB Solicitation
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Maintain Turbine-Generator #5
NOTICE TO OFFERORS: Funds are not presently available for this project. 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.
1. See Schedule.
2. Enter prices in section B of the solicitation.
3. Faxed and/or electronic proposals are not authorized and w ill not be accepted.
4. The magnitude of this project is betw een $1,000,000.00 and $5,000,000.00. The applicable NAICS is 237130 w ith a size standard of $33.5M.
5. Offeror shall be registered in Central Contractor Registration (CCR) in order to receive aw ard. Contractors can register at w w w .ccr.gov.
6. Offeror shall be registered in the Online Representations and Certif ications Application (ORCA) site in order to receive aw ard. Contractors can register at https://orca.bpn.gov.
7. The offeror is cautioned to completely f ill out and return section K of the solicitation. Additionally, Sections K, L and M w ill be physically removed from any resultant aw ard, but shall be deemed to be incorporated by reference in that aw ard.
8. See FAR 52.236-27 Alt I for site visit details.
NICHOLAS B. BASTIANI 377-1406
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
20-Jun-2012
(RFP)
(IFB)
X
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
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 ________80 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________20 Jul 2012 (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 _______180 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
354 CONTRACTING SQUADRON ISSUING OFFICE
2310 CENTRAL AVE, BLDG 2258
LGCA - CONSTRUCTION
EIELSON AFB AK 99702-1801
FA5004
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
04:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
907-377-2547FAX:TEL: 907-377-5444 TEL: FAX:
FA5004-12-R-C005 48
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
FA5004-12-R-C005
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Maintain Turbine-Generator
FFP
Provide all labor, material, equipment, supervision, work and facilities necessary to complete project FTQW 12-1015, Maintain Turbine-Generator #5 at Eielson's
Central Heat & Power Plant (CH&PP), in accordance with specifications.
FOB: Destination
SIGNAL CODE: A
NET AMT
0002 1 Lump Sum Materials for Recommended Repairs
FFP
Provide all materials necessary to perform repairs over and above the work accomplished under CLIN 0001, but not previously described in the specifications.
All work must have prior approval from the Contracting Officer. This CLIN is for a "Not to Exceed" amount of $528,000.00. **THIS CLIN WILL NOT BE
INCLUDED IN THE TOTAL EVALUATED PRICE. OFFERORS SHOULD
NOT FILL IN ANY PRICING INFORMATION FOR THIS CLIN.**
Labor for Recommended Repairs
FFP
Provide all labor necessary to perform repairs over and above the work accomplished under CLIN 0001, but not previously described in the specifications.
All work must have prior approval from the Contracting Officer. This CLIN is for information only. **OFFERORS SHOULD NOT FILL IN ANY PRICING
INFORMATION FOR THIS CLIN.** This CLIN is for funding purposes and is therefore for information only. See SUBCLINs 0003AA, 0003AB, 0003AC and
0003AD for specific labor hour information.
0003AA 200 Labor
Hours
Technical Director, Start Up Engineer
FFP
Provide all Technical Director, start up engineer labor to perform repairs over and above the work required under CLIN 0001, but not previously described in the specifications. All work must have prior approval from the Contracting Officer.
This CLIN is a "Not to Exceed".
0003AB 250 Labor
On-Site Supervisor
On-Site Supervisor labor to perform repairs over and above the work required under CLIN 0001, but not previously described in the specifications. All work must have prior approval from the Contracting Officer. This CLIN is a "Not to
Exceed".
0003AC 850 Labor
Skilled Workers
Provide all skilled workers (Millwrigths, Welders, Pipefitters, etc.) labor to perform repairs over and above the work required under CLIN 0001, but not previously described in the specifications. All work must have prior approval from the
Contracting Officer. This CLIN is a "Not to Exceed".
0003AD 200 Labor
Laborers, Helpers & Apprentices
Provide all laborers, helpers & apprentices labor to perform repairs over and above the work required under CLIN 0001, but not previously described in the specifications. All work must have prior approval from the Contracting Officer.
This CLIN is a "Not to Exceed".
SUBCLIN GUIDANCE
GUIDANCE FOR CLINS 0002, 0003AA, 0003AB, 0003AC, & 0003AD
(a) All labor rates shall include all labor burden, overhead, profit and allowances for meals and other incidentals.
Labor rates shall not include lodging, travel or costs for rental vehicles. Provide average hourly rates based on the anticipated work schedule. For example, if the bidder anticipates working 10-hour days, 6 days per week, the rates provided shall be weighted averages of the straight time and overtime rates that will actually be paid.
(b) Reference Section M, entitled ―Evaluation Factors for Award‖, for the above listed items.
(c) Offerors must provide a proposal price on all CLINs and Sub-CLINs, with the exception of CLIN 0002 to be considered responsive. CLIN 0002, Materials for Recommended Repairs, will be funded after award and WILL
NOT be included in the Total Evaluated Price. Failure to provide a proposed price on all required items will render the offer nonresponsive and it shall be rejected.
CLAUSES AND PROVISIONS
(a) Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.
(b) Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order.
(c) Sections K, L and M will be physically removed from any resultant award, but will be deemed to be incorporated, by reference, in that award.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
0003 Destination Government Destination Government
0003AA Destination Government Destination Government
0003AB Destination Government Destination Government
0003AC Destination Government Destination Government
0003AD Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-12 Inspection of Construction AUG 1996
252.246-7000 Material Inspection And Receiving Report MAR 2008
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 05-JUL-2013 1 354 CES/CECC - F1U3C7
CARL HEIDEL
2310 CENTRAL AVE SUITE 3
EIELSON AFB AK 99702-2299
907 377-1146
F1U3C7
0002 05-JUL-2013 1 (SAME AS PREVIOUS LOCATION)
0003 N/A N/A N/A N/A
0003AA 05-JUL-2013 200 354 CES/CECC - F1U3C7
CARL HEIDEL
2310 CENTRAL AVE SUITE 3
EIELSON AFB AK 99702-2299
907 377-1146
0003AB 05-JUL-2013 250 (SAME AS PREVIOUS LOCATION)
0003AC 05-JUL-2013 850 (SAME AS PREVIOUS LOCATION)
0003AD 05-JUL-2013 200 (SAME AS PREVIOUS LOCATION)
52.211-13 Time Extensions SEP 2000
CLAUSES INCORPORATED BY FULL TEXT
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the
Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 80 calendar days after NTP. 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 $214.00 for the first calendar day and $190.22 for each subsequent calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
Section G - Contract Administration Data
CONTRACT ADMINISTRATION
1. CONTRACT ADMINISTRATION
a) Following award, this contract will be administered by the 354 th
Contracting Squadron. The name, address, telephone number, and fax number of the Contracting Officer is:
Gregory Johnson
354 CONS/LGCA Phone: (907) 377-2464
2310 Central Ave Bldg 2258 Fax: (907) 377-2547
Eielson AFB, AK 99702 gregory.johnson@eielson.af.mil
b) The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the authority remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.
c) Contractual problems, of any nature, which might occur during the life of the contract must be handled in accordance with very specific public laws and regulations (e.g. Federal Acquisition Regulation), and must be referred to the Contracting Officer for resolution. Only the Contracting Officer is authorized to formally resolve such problems. Therefore, the Contractor is directed to submit all such contractual problems to the immediate attention of the Contracting Officer.
d) Any request for contract changes/modifications shall be submitted to the Contracting Officer.
e) All correspondence concerning this contract, such as requests for information, explanation of terms, and contract interpretations, shall be submitted to the Contracting Officer.
2. DESIGNATION OF TECHNICAL REPRESENTATIVE
The Base Civil Engineer, or his authorized representative, is designated as the Technical Representative for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This clause in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in terms of the contract.
3. POST-AWARD/PRE-PERFORMANCE CONFERENCE
A pre-performance conference in accordance with FAR Clause 52.236-26, ―Pre-construction Conference,‖ in Section
I shall be scheduled by and held at the office issuing this solicitation prior to the commencement of any work under the contract which will be awarded as a result of this solicitation and offer. The contractor or his duly authorized representative shall be required to attend the pre-performance conference.
4. ELECTRONIC INVOICING, SUPPLEMENTAL INFORMATION – CONSTRUCTION
a) IAW DFARS 252.232-7003, Electronic Submission of Payment Requests, Eielson AFB is set up to receive electronic invoices through Wide Area Work Flow (WAWF). WAWF significantly accelerates all aspects of the invoicing process by removing the need for paper copy transmission of documents (i.e., faxes or postal service). In addition, Contractors using WAWF will be able to check on the status of submitted invoices by simply logging into the WAWF website.
mailto:gregory.johnson@eielson.af.mil
b) Electronic submission of invoices is required unless an exception at DFARS 232.7002 is met. Any request to submit a non-electronic invoice IAW DFARS 232.7002(6)(i) must be submitted in writing to the
Contracting Officer and shall state why the Contractor is unable to submit an electronic invoice.
c) Contractors may self register with WAWF by logging onto the website: https://wawf.eb.mil/.
d) During the Preconstruction Conference (PRECON), additional information on invoicing via WAWF will be provided.
e) Before invoicing in WAWF, the Contractor must submit an AF Form 3065 for government review and approval. The government will review and return the AF Form 3065 as either approved or disapproved.
The Contractor may submit an invoice only after receiving approval on the AF Form 3065. Any invoice submitted prior to government approval of the AF Form 3065 will be immediately disapproved.
f) Use the information below when submitting an invoice in WAWF
Invoice Type: Construction Invoice
Admin DoDAAC: FA5004
Contracting Officer: F1U3TR
Paying Official DoDAAC: F67100
The use of extensions is not necessary and may result in delays and/or rejection of invoices.
Section H - Special Contract Requirements
SPECIAL CONTRACT REQUIREMENTS
1. BONDING REQUIREMENTS
a. Bid Bond. Each offeror shall submit, with its proposal, a bid (offer) guarantee in the form of a Bid Bond (SF 24) with good and sufficient surety or sureties acceptable to the Government, or other security as described in FAR
52.228-1, Bid Guarantee. The required amount of the bid is twenty percent (20%) of the proposal price. The penal sum of a Bid Bond may be expressed in terms of a percentage of a bid price or as a stipulated monetary amount.
When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated.
b. Performance and Payment Bonds. In accordance with the Miller Act (40 USC 2701-270f), the offeror to whom award is made shall, within ten (10) Calendar days after date of award, furnish a performance bond (SF 25) and a
Payment Bond (SF 265a), each with a good and sufficient surety or sureties acceptable to the Government. The penal sum of the performance and payment bonds shall equal one hundred percent (100%) of the contract price. If the contract price increases by modification to the contract, an additional amount equal to one hundred percent
(100%) of the increase will be required.
2. REQUIRED INSURANCE (IAW FAR 28.306(b))
Reference FAR 52.228-5, the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract:
a. Workers’ compensation and employer’s liability Insurance: $100,000
b. General liability: $500,000 per occurrence.
c. Automobile liability: $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.
3. STATE/LOCAL REQUIREMENTS
If the Contractor, its employees and/or agents, will be utilizing motor vehicles under the performance of the subject contract within the state of Alaska, the Contractor shall abide by and comply with all State of Alaska, Division of
Motor Vehicle Requirements which can be reviewed at http://www.state.ak.us/dmv/. Additionally, failure to meet and/or maintain the Alaska Division of Motor Vehicle Requirements may result in expulsion of the vehicle from the installation until such requirements are met. Offeror is encouraged to review the aforementioned website prior to proposal submission. Note that the previously stated website and its contents are subject to change with or without notice. Accordingly, it is the Contractor’s sole responsibility to ensure compliance at all times. The expulsion of any Contractor operated vehicle shall not affect the period of performance for any and/or all projects and is not considered a Government caused delay. Furthermore, the website as noted above is NOT endorsed, operated or maintained by the United States Air Force; its inclusion is merely for reference.
4. FIRE SAFETY REQUIREMENTS
The Contractor shall obtain a permit from the Base Fire Department prior to conducting any welding or soldering or whenever the use of open flame is necessary during the construction phase. The Contractor and his employees will be required to adhere to any AFOSHA and OSHA requirements.
5. SEATBELTS
The wearing of seatbelts by operators and passengers of all privately owned and Government vehicles, excluding motorcycles, is mandatory whenever the vehicle is in motion on a military installation. The failure by any occupant http://www.state.ak.us/dmv/ of a vehicle to comply with this requirement will result in denial of entrance to the station. Violation of this requirement by any occupant of a vehicle traveling on Eielson AFB will result in the driver of the vehicle losing his/her driving privileges on Eielson AFB as follows: First offense: a warning which will apply to the whole company; Second offense: 30 days suspension; Third offense: 90 days suspension. In accordance with Alaska Statute
28.05.011 (13 AAC 04.270), certain older vehicles may be legally operated despite the unavailability of seatbelts in the vehicle. State law and the U.S. Department of Transportation require, however, that every passenger car manufactured after 1 January 1965 must be equipped with lap seat belts for use by the driver and one other front seat position. Drivers operating vehicles manufactured after the dates described above and which have had the lap or shoulder belts removed or otherwise rendered inoperable are not exempt from the base seatbelt requirement.
6. WORK SCHEDULE
Working hours for the Contractor will be between the hours of 7:30 am through 4:30 pm at Eielson AFBS excluding
Saturdays, Sundays, and Federal holidays. The following federal holidays are observed at Eielson AFB:
New Year’s Day Labor Day
Martin Luther King’s Birthday Columbus Day
President’s Day Veterans Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
If the Contractor desires to work during periods other than the above, additional Government inspection forces may be required. The Contractor must request permission to work outside the normal work schedule no later than three days in advance of his intention to work during other periods to allow assignment of additional inspection forces when the Contracting Officer determines that they are reasonably available. If such force is reasonably available, the
Contracting Officer may authorize the Contractor to perform work during periods other than normal duty hours/days;
however, if inspectors are required to perform in excess of their normal duty days solely for the benefit of the
Contractor, the actual cost of inspection at overtime rates may be charged to the Contractor. These adjustments to the contract price may be made periodically as directed by the Contracting Officer.
7. INTERRUPTION OF UTILITY SERVICES
The Government may not be held responsible for interruptions of utility service and will not be liable for contractor delays, damages, or increased costs occasioned by any such interruption of service.
8. UTILITY SERVICES
The Contractor will be required to participate in all Air Force energy conservation programs. Utility services furnished to the contractor by the Government from the Government’s existing system outlets and supplies will be at no cost to the Contractor, but see contract clause titled FAR 52.236-14, ―Availability and Use of Utility Services,‖ in
Section I.
9. DAMAGE TO UTILITIES
The contractor shall be responsible for any and all damages to accurately marked utilities resulting from its operations. Further, the contractor shall be held liable for all costs associated with such damages. Such costs include not only the costs to properly repair the damaged utility, but any direct costs incurred by the government to provide emergency response to the site, as well as for any other monetary losses. Such loss may also include the value of loss of productivity experienced by the government due to loss of power and /or facility evacuation arising from the utility damage.
10. DEWATERING PERMIT
The contractor is required to comply with current applicable permits, state regulations, and requirements for any dewatering operations. Specifically, the contractor is required to comply with Alaska Wastewater Disposal Permit
No. 9440-DB002 governing dewatering activities, which is hereby incorporated by reference into this contract. In accordance with the subject permit, waste water discharged or diverted from any construction activity such as culvert placement, gravel mining, bridge construction, and building construction must comply with Alaska Water Quality
Standards as well as the limitations in Permit No. 9440-DB002. In addition, the contractor is required to notify the
State of Alaska at least two weeks before discharging any water from the construction site when the total volume of water to be discharged or moved exceeds 500,000 gallons. This notification must meet the requirements of Appendix
A, Section I of Permit 9440-DB002. Nothing in this section relieves the contractor of its obligation under the Federal
Acquisition Regulation Permits and Responsibilities Clause to comply with all applicable environmental standards and laws.
11. TELECOMMUNICATIONS MONITORING AND ASSESSMENT PROGRAM (TMAP)(IAW AFI 33-219)
All communications within DOD organizations are subject to TMAP review. Contractor personnel will be aware that telecommunications networks are continually subject to intercept by unfriendly intelligence organizations. The DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating or terminating at DOD organizations. Therefore, civilian contractor personnel are advised that anytime they place a call to or receive a call from a USAF organization, they are subject to TMAP procedures. The
Contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with official DOD information.
12. HAZARDOUS MATERIAL REPORTING
The contractor shall submit an initial Hazardous Material Report within 10 calendar days after award, to the Base
Contracting Office. Hazardous material is defined as any material that requires a Material Safety Data Sheet (MSDS) in accordance with 29 CFR 1910.1200 and Federal Standard 313c, paragraph 3.3. This initial Hazardous Material
Report will be reviewed and annotated by the Base Bioenvironmental Office to identify which hazardous materials shall be tracked and reported by the contractor in a Hazardous Material Usage Report, discussed later. The initial
Hazardous Material Report will be returned to the contractor within 30 calendar days after submission. The initial
Hazardous Material Report shall include the following information and follow the format indicated below:
Hazardous Material Product Name, MSDS Serial #, Estimated quantity that will be stored and used on Eielson AFB, in direct support of contract performance for the calendar year. The contractor shall submit an annual Hazardous
Material Usage Report for hazardous material used in direct support of contract performance at Eielson AFB. The report shall show the maximum quantity of hazardous material stored on Eielson AFB, the quantity used on Eielson
AFB, and the quantity removed from Eielson AFB.
This report is due to the Base Contracting Office within 20 calendar days after completion of the contract or within
20 calendar days after 31 December of each calendar year, whichever comes first. The annual Hazardous Material
Report shall include the following information and follow the format indicated below:
Hazardous Material Product Name, MSDS Serial #, the Total Quantity of the hazardous material that was stored on
Eielson AFB during the calendar year, Total Quantity used on Eielson AFB during the calendar year, and the Total
Removed from Eielson AFB at the completion of subject contract.
13. DYNAMIC SMALL BUSINESS SEARCH
All contractors are requested to utilize the DSBS program to assist them in obtaining resources to meet their contractual requirements. DSBS is an electronic gateway of procurement information – for and about small businesses. It is a search engine for Contracting Officers, a marketing tool for small firms and a ―link‖ to procurement opportunities and important information. It is designed to be a ―virtual‖ one-stop-procurement-shop.
DSBS is an Internet based database of information on small, disadvantaged, 8(a) and women-owned businesses. It is free to federal and state Government agency as well as prime and other contractors seeking small business contractors, subcontractors and/or partnership opportunities. The home page address is:
http://dsbs.sba.gov/dsbs/dsp_dsbs.cfm
14. INVESTIGATION OF DAMAGE OR INJURY
http://dsbs.sba.gov/dsbs/dsp_dsbs.cfm
The United States Government will have the right to conduct an investigation, or participate in the Contractor’s investigation, of any damage or injury to United States Government property, equipment or personnel.
15. CONSTRUCTION EQUIPMENT
Equipment and vehicles to be used on base shall be safe and in good operating condition. The Contracting Officer, or authorized representative, reserves the right to inspect any on-base equipment and reject such equipment if he/she considers it unsafe, in poor operating condition, or inappropriate for work. Contractor must notify the Contracting
Officer of any Contractor equipment that is broken down on Eielson AFB roads. Every effort should be made to move broken down equipment to the nearest parking lot before leaving it.
16. PROGRESS PAYMENTS
The contractor may submit invoices for payment in accordance with information/instructions stated elsewhere within this contract and commensurate with percentage of work completed as verified by progress reports/schedule.
Invoices will be accepted by the Government up to 90% of contract amount. The remaining 10% will be accepted when the project is completed in its entirety. Completion or 100% means the project has been accepted for beneficial occupancy/use, punch list items are completed, all as-builts, manuals, or other material/equipment are received and accepted in their final form by the Government
17. WEATHER CONDITIONS
Historical climate conditions for Eielson AFB can be found on the World Wide Web at http://www.wrcc.dri.edu/summary/climsmak.html. Offerors are encouraged to review the data prior to proposal submission.
18. NOTICE TO PROCEED
The contractor shall begin construction within 10 Calendar Days of Notice to Proceed (NTP) and complete all work, including clean up, within 80 days of NTP. This timeframe shall include site clean-up.
19. TELECOMMUNICATIONS MONITORING AND ASSESSMENT PROGRAM (TMAP)(IAW AFI 33-219)
All communications within DOD organizations are subject to TMAP review. Contractor personnel will be aware that telecommunications networks are continually subject to intercept by unfriendly intelligence organizations. The DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating or terminating at DOD organizations. Therefore, civilian Contractor personnel are advised that anytime they place a call to or receive a call from a USAF organization, they are subject to TMAP procedures. The
Contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with official DOD information.
20. TRAFFIC REGULATIONS / CELL PHONE USAGE
The Contractor, its employees and/or agents, operating motor vehicles on Eielson AFB shall comply with all installation traffic regulations inclusive of any cell phone usage guidelines. Installation traffic regulations are subject to change with or without notice. Accordingly, it is the Contractor’s sole responsibility to ensure compliance at all times. Violation of any traffic regulations may result in loss of on-base driving privileges. Loss of driving privileges shall not affect the period of performance and is not considered a Government caused delay.
21. WINTER EXCLUSION PERIOD
http://www.wrcc.dri.edu/summary/climsmak.html
No exterior work will be required, unless otherwise approved by the Contracting Officer, during the period from 1
Oct through 1 May inclusive. If the contractor chooses to work during this period, those days WILL be deducted from the performance period.
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
52.203-13 Contractor Code of Business Ethics and Conduct APR 2010
52.204-2 Alt II Security Requirements (Aug 1996) - Alternate II APR 1984
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 Central Contractor Registration FEB 2012
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards
FEB 2012
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
DEC 2010
52.210-1 Market Research APR 2011
52.215-2 Audit and Records--Negotiation OCT 2010
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.215-19 Notification of Ownership Changes OCT 1997
52.215-20 Requirements for Certified Cost or Pricing Data or
Information Other Than Certified Cost or Pricing Data
OCT 2010
52.215-21 Requirements for Certified Cost or Pricing Data or
Information Other Than Certified Cost or Pricing Data--
Modifications
OCT 2010
52.219-6 Notice Of Total Small Business Set-Aside NOV 2011
52.219-8 Utilization of Small Business Concerns JAN 2011
52.219-14 Limitations On Subcontracting NOV 2011
52.222-1 Notice To The Government Of Labor Disputes FEB 1997
52.222-3 Convict Labor JUN 2003
52.222-4 Contract Work Hours and Safety Standards 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
52.222-35 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
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-6 Drug-Free Workplace MAY 2001
52.223-17 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
52.228-2 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 APR 2003
52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002
52.232-17 Interest OCT 2010
52.232-23 Assignment Of Claims JAN 1986
52.232-27 Prompt Payment for Construction Contracts OCT 2008
52.232-33 Payment by Electronic Funds Transfer--Central Contractor
Registration
OCT 2003
52.233-1 Disputes JUL 2002
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.236-2 Differing Site Conditions APR 1984
52.236-3 Site Investigation and Conditions Affecting the Work APR 1984
52.236-5 Material and Workmanship APR 1984
52.236-6 Superintendence by the Contractor APR 1984
52.236-7 Permits and Responsibilities NOV 1991
52.236-8 Other Contracts APR 1984
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984
52.236-11 Use and Possession Prior to Completion APR 1984
52.236-12 Cleaning Up APR 1984
52.236-13 Accident Prevention NOV 1991
52.236-14 Availability and Use of Utility Services APR 1984
52.236-15 Schedules for Construction Contracts APR 1984
52.236-17 Layout of Work APR 1984
52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -
Alternate I
APR 1984
52.236-26 Preconstruction Conference FEB 1995
52.242-13 Bankruptcy JUL 1995
52.242-14 Suspension of Work APR 1984
52.243-4 Changes JUN 2007
52.246-21 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 JAN 2009
252.204-7000 Disclosure Of Information DEC 1991
252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007
252.223-7004 Drug Free Work Force SEP 1988
252.223-7006 Prohibition On Storage And Disposal Of Toxic And
Hazardous Materials
APR 2012
252.223-7008 Prohibition of Hexavalent Chromium MAY 2011
252.225-7012 Preference For Certain Domestic Commodities JUN 2010
252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011
252.225-7025 Restriction on Acquisition of Forgings DEC 2009
252.227-7033 Rights in Shop Drawings APR 1966
252.232-7010 Levies on Contract Payments DEC 2006
252.236-7000 Modification Proposals-Price Breakdown DEC 1991
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment MAR 1998
252.244-7000 Subcontracts for Commercial Items and Commercial
Components (DoD Contracts)
SEP 2011
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and
Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the
Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in
ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 237130- assigned to contract number FA5004-12-C-C00_.
(Contractor to sign and date and insert authorized signer's name and title).
52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010)
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.
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