FA5004-15-R-C001_Eielson_AFB_ _Ft_Wainwright_Paving_MACC.pdf
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- Paving MACC Federal contract opportunity
- Solicitation number
- FA5004-15-R-C001
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FA5004-15-R-C001 Eielson AFB Ft Wainwright Paving MACC Solicitation
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1) Enter prices in the Seed Project Pricing Template, Attachment JA-28.
2) Faxed and/or Electronic Proposals are not authorized and w ill not be accepted.
3) The magnitude of individual paving projects w ill be cited on Task Orders. The applicable NAICS code is 237310.
4) The offeror must be registered in the System for Aw ard Management (https://w w w .sam.gov/portal/SAM/#1) in order to be eligible to receive an aw ard.
5) The offeror is cautioned to completely f ill out and return Section K. Additionally, sections K, L and M w ill be physically removed from any resultant aw ard, but shall be deemed incorporated by reference in that aw ard.
NICHOLAS MUCHE 907-377-2766
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
08-Apr-2015
(RFP)
(IFB)
X
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
X
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, notice to proceed. This performance period is mandatory, X negotiable. (See _________________________Section F
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 ______________07 May 2015 (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 _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
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
01:00 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:
FA5004-15-R-C001 47
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued)
(Construction, Alteration, or Repair)
CODE FACILITY CODE
17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified)
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print)
TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
FA5004-15-R-C001
Section A - Solicitation/Contract Form
BLOCK 10 CONTINUATION
A. Project Title: Eielson/Ft. Wainwright Paving MACC (Multiple Award Construction Contract)
B. The Government anticipates an award to a minimum of 2, not to exceed 4 contracts.
C. All questions must be submitted no later than 10 days before RFP closing date.
D. Project performance period is scheduled for a Base Year and 4 option years.
E. Enter prices on ―Seed Project Data Sheet, Attachment JA-20.
F. Bid Bond is required.
G. Reference Section L―Instructions, Conditions, and Notices to Offerors and Section M―Evaluation
Factors for Award for proper proposal preparation.
H. The contract minimum of $500.00 will be satisfied as a Task Order to the contractors selected to receive awards for attendance at a MACC orientation seminar sponsored by 354 CONS and DPW. The seminar is an open forum discussion on the MACC program. Some of the topics covered in the orientation include identification of base security requirements, a tour of base facilities, relationship/partnering, and expectations, and Construction
Management. The Government makes no representation as to the number of Task Orders or actual amount of work to be ordered in excess of the minimum guarantees specified herein. The maximum aggregate amount of the Paving
Multiple Award Construction Contract (MACC) program, inclusive of all awarded MACC contracts and task orders, including options, shall not exceed $75,000,000.00.
I. Pre-proposal conference is scheduled for April 21 st , 2015 at 10:00 am AKST. The conference will include a seed project site visit.
K. Past Performance volume is due by proposal due date.
L. Per FAR 36.204 -- Disclosure of the Magnitude of Construction Projects, the seed project’s magnitude is between
$100,000 and $250,000.
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Paving MACC - Base Period
FFP
The Paving MACC Contractor shall provide all plant, labor, supervision, equipment, materials and labor to perform all operations necessary and/or required to maintain, repair and construct base and airfield pavement and surfaces in accordance with the attached specifications and any task orders issued in accordance with the terms of the contract.
FOB: Destination
SIGNAL CODE: A
NET AMT
1001 1 Job OPTION Paving MACC - Option Year 1
FFP
The Paving MACC Contractor shall provide all plant, labor, supervision, equipment, materials and labor to perform all operations necessary and/or required to maintain, repair and construct base and airfield pavement and surfaces in accordance with the attached specifications and any task orders issued in accordance with the terms of the contract.
2001 1 Job OPTION Paving MACC - Option Year 2
FFP
The Paving MACC Contractor shall provide all plant, labor, supervision, equipment, materials and labor to perform all operations necessary and/or required to maintain, repair and construct base and airfield pavement and surfaces in accordance with the attached specifications and any task orders issued in accordance with the terms of the contract.
3001 1 Job OPTION Paving MACC - Option Year 3
FFP
The Paving MACC Contractor shall provide all plant, labor, supervision, equipment, materials and labor to perform all operations necessary and/or required to maintain, repair and construct base and airfield pavement and surfaces in accordance with the attached specifications and any task orders issued in accordance with the terms of the contract.
4001 1 Job OPTION Paving MACC - Option Year 4
FFP
The Paving MACC Contractor shall provide all plant, labor, supervision, equipment, materials and labor to perform all operations necessary and/or required to maintain, repair and construct base and airfield pavement and surfaces in accordance with the attached specifications and any task orders issued in accordance with the terms of the contract.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
1001 Destination Government Destination Government
2001 Destination Government Destination Government
3001 Destination Government Destination Government
4001 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-12 Inspection of Construction AUG 1996
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 365 dys. ADC 1 354 CES/CECC - F1U3C7
LT. IMHOFF
2310 CENTRAL AVE SUITE 3
EIELSON AFB AK 99702-2299
F1U3C7
1001 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
2001 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
3001 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
4001 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
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 task orders within 10 calendar days after the date the
Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the time specified in each task order.
* 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 each individual task order, the Contractor may be subject to pay liquidated damages to the Government in the amount to be specified in each individual task order for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
Section G - Contract Administration Data
252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013
Section H - Special Contract Requirements
SPECIAL CONTRACT REQUIREMENTS
1. FAIR OPPORTUNITY ON TASK ORDERS
a. All award recipients will be solicited for each Task Order (TO) and given fair opportunity for award per FAR 16.505(b)(1). Contractors are encouraged to participate in all site visits and submit proposals for all projects. Repetitive failures to participate responsibly in site visits and provide proposals may result in a contractor’s exclusion from further competition under the contract. The government may also choose not to exercise the option to extend the contract of any such contractor.
b. Each TO awarded will be awarded as a result of competition to the contractor who offers either the lowest price or the best value to the government (depending upon the selection method stated in the Task Order Request for Bid (TORB), Task Order Request for Proposal (TORP), or Planning Task Order request (PTO) and award evaluation criteria specified in the TORB/TORP/PTO request unless the Contracting Officer applies the following exception(s}:
(1) The agency need is so urgent that providing a fair opportunity would result in unacceptable delays.
i. Initial means of rotational selection for urgent requirements will be performed by randomly drawn lot. In subsequent urgent requirements, the order of rotation will be maintained.
(2) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an Order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.
(3) In the event only one bid is received in response to a TORP/TORB or PTO request, the CO shall follow the procedures at DFARS 215.371-1.
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit will be held on April 21st, 2015 at 10:00 am AKST. Please contact the below to attend.
Name: SSgt Nicholas S. Muche
Telephone: 907-377-3485
Email: nicholas.muche@us.af.mil
(c) Participants will meet at--
2310 Central Ave, Bldg 2258
EAFB, AK 99702
**Please contact the site visit POC by 1630hrs AKST, 20 Apr 2015 if you plan on attending the site visit.
(End of provision)
Section I - Contract Clauses
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct APR 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 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
52.204-13 System for Award Management Maintenance JUL 2013
52.204-15 Service Contract Reporting Requirements for Indefinite-
Delivery Contracts
JAN 2014
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
AUG 2013
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
JUL 2013
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
MAY 2012
52.211-13 Time Extensions SEP 2000
52.215-2 Audit and Records--Negotiation OCT 2010
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.219-8 Utilization of Small Business Concerns MAY 2014
52.219-9 Alt II Small Business Subcontracting Plan (JULY 2013) Alternate II OCT 2001
52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999
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
MAY 2014
52.222-6 Construction Wage Rate Requirements MAY 2014
52.222-7 Withholding of Funds MAY 2014
52.222-8 Payrolls and Basic Records MAY 2014
52.222-9 Apprentices and Trainees JUL 2005
52.222-10 Compliance with Copeland Act Requirements FEB 1988
52.222-11 Subcontracts (Labor Standards) MAY 2014
52.222-12 Contract Termination-Debarment MAY 2014
52.222-13 Compliance With Construction Wage Rate Requirements and
Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988
52.222-15 Certification of Eligibility MAY 2014
52.222-21 Prohibition Of Segregated Facilities 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 JUL 2014
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-37 Employment Reports on Veterans JUL 2014
52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons FEB 2009
52.222-54 Employment Eligibility Verification AUG 2013
52.223-3 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
52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007
52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
MAY 2008
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-1 Authorization and Consent DEC 2007
52.227-4 Patent Indemnity-Construction Contracts DEC 2007
52.228-2 Additional Bond Security OCT 1997
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.228-11 Pledges Of Assets JAN 2012
52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014
52.228-14 Irrevocable Letter of Credit MAY 2014
52.228-15 Performance and Payment Bonds--Construction OCT 2010
52.229-3 Federal, State And Local Taxes FEB 2013
52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014
52.232-17 Interest MAY 2014
52.232-23 Assignment Of Claims MAY 2014
52.232-27 Prompt Payment for Construction Contracts MAY 2014
52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.236-2 Differing Site Conditions APR 1984
52.236-3 Site Investigation and Conditions Affecting the Work APR 1984
52.236-5 Material and Workmanship APR 1984
52.236-6 Superintendence by the Contractor APR 1984
52.236-7 Permits and Responsibilities NOV 1991
52.236-8 Other Contracts APR 1984
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984
52.236-11 Use and Possession Prior to Completion APR 1984
52.236-12 Cleaning Up APR 1984
52.236-13 Accident Prevention NOV 1991
52.236-14 Availability and Use of Utility Services APR 1984
52.236-15 Schedules for Construction Contracts APR 1984
52.236-16 Quantity Surveys APR 1984
52.236-17 Layout of Work APR 1984
52.236-21 Specifications and Drawings for Construction FEB 1997
52.236-26 Preconstruction Conference FEB 1995
52.242-13 Bankruptcy JUL 1995
52.242-14 Suspension of Work APR 1984
52.243-4 Changes JUN 2007
52.244-6 Subcontracts for Commercial Items JUL 2014
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
252.201-7000 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 SEP 2013
252.204-7000 Disclosure Of Information AUG 2013
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Alt A System for Award Management Alternate A FEB 2014
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Terrorist Country
MAR 2014
252.215-7008 Only One Offer OCT 2013
252.219-7003 Small Business Subcontracting Plan (DOD Contracts) AUG 2012
252.222-7000 Restriction On Employment Of Personnel MAR 2000
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 JUN 2013
252.225-7012 Preference For Certain Domestic Commodities FEB 2013
252.227-7000 Non-estoppel OCT 1966
252.227-7033 Rights in Shop Drawings APR 1966
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006
252.236-7000 Modification Proposals-Price Breakdown DEC 1991
252.236-7002 Obstruction of Navigable Waterways 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 APR 2014
252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
52.202-1 DEFINITIONS (NOV 2013)
When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition
Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--
(a) The solicitation, or amended solicitation, provides a different definition;
(b) The contracting parties agree to a different definition;
(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;
or
(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $4,000,000.00;
(2) Any order for a combination of items in excess of $6,000,000.00; or
(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the
Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and
Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the date defined in the final task order.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the contractor no later than the current contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS--PRICE ADJUSTMENT (NONE OR
SEPARATELY SPECIFIED METHOD) (MAY 2014)
(a) The wage determination issued under the Construction Wage Rate Requirements statute by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, that is effective for an option to extend the term of the contract, will apply to that option period.
(b) The Contracting Officer will make no adjustment in contract price, other than provided for elsewhere in this contract, to cover any increases or decreases in wages and benefits as a result of-- (1) Incorporation of the
Department of Labor's wage determination applicable at the exercise of the option to extend the term of the contract;
(2) Incorporation of a wage determination otherwise applied to the contract by operation of law; or
(3) An increase in wages and benefits resulting from any other requirement applicable to workers subject to the
Construction Wage Rate Requirements statute.
52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY
2014)
(a) Definitions. As used in this clause--
Caribbean Basin country construction material means a construction material that--
(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.
Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply (including construction material) that is--
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4)such as agricultural products and petroleum products.
Component means an article, material, or supply incorporated directly into a construction material.
Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.
Materials purchased directly by the Government are supplies, not construction material.
Cost of components means--
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Designated country means any of the following countries:
(1) A World Trade Organization Government Procurement Agreement country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong
Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan or United Kingdom);
(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican
Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);
(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon
Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin
Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.
Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).
Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean
Basin country construction material.
Domestic construction material means--
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if--
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
Foreign construction material means a construction material other than a domestic construction material.
Least developed country construction material means a construction material that--
(1) Is wholly the growth, product, or manufacture of a least developed country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.
“Free Trade Agreement country construction material” means a construction material that—
(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.
“Least developed country construction material” means a construction material that—
(1) Is wholly the growth, product, or manufacture of a least developed country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the
United States means the 50 States, the District of Columbia, and outlying areas.
WTO GPA country construction material means a construction material that--
(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the
(b) Construction materials.
(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting
Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.
(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.
(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
None
(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that--
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute 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 statute 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 statute.
(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph
(b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty
(whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the
Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the
Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
Construction material description Unit of measure Quantity Price (dollars) \1\
Item 1:
Foreign construction material
Domestic construction material
Item 2:
Foreign construction material
Domestic construction material
\1\ 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.
52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER
TRADE AGREEMENTS (MAY 2014)
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country 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 -- Construction Materials Under Trade
Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).
(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute 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 FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute 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 statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph
(b)(4)(i) of FAR clause 52.225-11.
(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, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause
52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country 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.
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
252.203-7004 Display of Fraud Hotline Poster(s) (DEC 2012)
(a) Definition. United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.
(b) Display of fraud hotline poster(s).
(1) The Contractor shall display prominently in common work areas within business segments performing work in the United States under Department of Defense (DoD) contracts DoD hotline posters prepared by the DoD Office of the Inspector General. DoD hotline posters may be obtained via the Internet at http://www.dodig.mil/HOTLINE/hotline_posters.htm.
(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds, the DHS fraud hotline poster shall be displayed in addition to the DoD fraud hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from:
http://www.dhs.gov/
(3) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts that exceed $5 million except when the subcontract--
(1) Is for the acquisition of a commercial item; or
(2) Is performed entirely outside the United States.
252.216-7006 ORDERING (MAY 2011)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from date of award through the last day of the current contract end date.
http://farsite.hill.af.mil/ http://www.dodig.mil/HOTLINE/hotline_posters.htm http://www.dhs.gov/
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic
Document Access system, and notice has been sent to the Contractor.
(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.
(3) Orders may be issued orally only if authorized in the schedule.
(End of Clause)
252.223-7001 HAZARD WARNING LABELS (DEC 1991)
(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material
Safety Data clause of this contract.
(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labeling requirements of one of the following statutes:
(1) Federal Insecticide, Fungicide and Rodenticide Act;
(2) Federal Food, Drug and Cosmetics Act;
(3) Consumer Product Safety Act;
(4) Federal Hazardous Substances Act; or
(5) Federal Alcohol Administration Act.
(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material
Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through
(5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.
MATERIAL (If None, Insert "None.") ACT
(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material
Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.
(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).
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
252.236-7005 AIRFIELD SAFETY PRECAUTIONS. (DEC 1991)
(a) Definitions. As used in this clause --
(1) "Landing areas means" --
(i) The primary surfaces, comprising the surface of the runway, runway shoulders, and lateral safety zones. The length of each primary surface is the same as the runway length. The width of each primary surface is 2,000 feet
(1,000 feet on each side of the runway centerline);
(ii) The "clear zone" beyond the ends of each runway, i.e., the extension of the primary surface for a distance of
1,000 feet beyond each end of each runway;
(iii) All taxiways, plus the lateral clearance zones along each side for the length of the taxiways (the outer edge of each lateral clearance zone is laterally 250 feet from the far or opposite edge of the taxiway, e.g., a 75-foot-wide taxiway would have a combined width of taxiway and lateral clearance zones of 425 feet); and
(iv) All aircraft parking aprons, plus the area 125 feet in width extending beyond each edge all around the aprons.
(2) "Safety precaution" areas means those portions of approach-departure clearance zones and transitional zones where placement of objects incident to contract performance might result in vertical projections at or above the approach-departure clearance, or the transitional surface.
(i) "The approach-departure clearance surface" is an extension of the primary surface and the clear zone at each end of each runway, for a distance of 50,000 feet, first along an inclined (glide angle) and then along a horizontal plane, both flaring symmetrically about the runway centerline extended.
(A) The inclined plane (glide angle) begins in the clear zone 200 feet past the end of the runway (and primary surface) at the same elevation as the end of the runway. It continues upward at a slope of 50:1 (1 foot vertically for each 50 feet horizontally) to an elevation of 500 feet above the established airfield elevation. At that point the plane becomes horizontal, continuing at that same uniform elevation to a point 50,000 feet longitudinally from the beginning of the inclined plane (glide angle) and ending there.
(B) The width of the surface at the beginning of the inclined plane (glide angle) is the same as the width of the clear zone. It then flares uniformly, reaching the maximum width of 16,000 feet at the end.
(ii) The "approach-departure clearance zone" is the ground area under the approach-departure…
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