RFP_No._FA5205-13-R-0005_Solicitation.pdf
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See Schedule.
Additional Information to Offerors:
1. Decription of Work/Estimate Cost: This project is Repair Airf iled Lighting Sytem, Misaw a Air Base, Japan. Refer to Sec. B for "Project description", Sec. L, para. L-123H for "Description of the Magnitude of Construction Projects".
2. Pre-proposal conference/job site visit w ill be held on 7 Feb 13 at 1300 hours in the 35th Contracting Squadron conference room. See
AFFARS 5352.215-9001, "Notice of Pre-Bid/Pre-Proposal Conference", and FAR 52.236-27, "Site Visit (Construction) - Alternate I", for more detail information.
3. Performance Bond: Refer to Sec. H, para. H-902, "Performance Bond", and Sec. I, FAR 52.228-15, "Performance and Payment Bonds - Construction".
4. This solicitation is issued under the authority to advertise (ATA) approved by HQ USAF/A7CR for Fiscal Year 13 Sustainment, Restoration and Modernization, and Demolition Projects. ATA has been granted for this project.
This acquisition is unrestricted; no small business setaside.
MR. KAZUHIRO NAKAMURA DSN 226-3496/COM 0176-77-3496
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
01-Feb-2013
(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 _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________*FAR 52.211-10
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________04 Mar 2013 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee is, X is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______220 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
35 CONS/LGC (JAPAN)
DODAAC: FA5205
BLDG. 656, MISAWA AIR BASE
MISAWA-SHI, AOMORI-KEN 033-0012
FA5205
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
FA5205-13-R-0005 42
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
FA5205-13-R-0005
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Lump Sum REPR Airfiled Lighting System
FFP
The contractor shall provide all supervision, labor, equipment, and materials necessary to perform all operation required to accomplish Project No. QKKA 11-
1200P2, REPR Airfield Lighting System, Misawa Air Base, Japan, as called for by the specifications and drawings provided herein.
See para. F-901 for the performance period.
Insert the total amount in Yen.
FOB: Destination
NET AMT
CLAUSES INCORPORATED BY FULL TEXT
B-1. 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) Section K, L and M will be physically removed from any resultant award, but will be deemed to be incorporated, by reference, in that award.
(End of Clause)
NOTE TO OFFERORS
This solicitation includes clauses authorized for the purpose of construction effort in Japan: DFARS 252.225-7042
Authorization to Perform - the offeror has been duly authorized to operate and to do business in the host nation country where the contract is to be performed, and FAR 52.236-7 Permits and Responsibilities (modified IAW
AFFARS 5336.507) - the contractor shall be responsible for obtaining any necessary licenses and permits, and for complying with any host government and political subdivisions laws, codes, and regulations applicable.
Section C - Descriptions and Specifications
C-1 SPECIFICATIONS, STANDARDS AND DRAWINGS
(IAW FAR 11.201)
The contractor shall furnish the services and supplies set forth in Section B in accordance with the specifications, drawings and attachments listed in Section J.
Section E - Inspection and Acceptance
CLAUSES INCORPORATED BY REFERENCE
52.246-12 Inspection of Construction AUG 1996
E-34. INSPECTION AND ACCEPTANCE
(IAW FAR 46.401(b) and 46.503)
Inspection and acceptance will be at the destination(s) specified in F-13, “Place of Performance” hereof.
Section F - Deliveries or Performance
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 ¥55,160+¥26,429 for the first calendar day of delay and
¥26,429 for each additional calendar day of delay and thereafter performance period 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.
(End of clause)
F-13. PLACE OF PERFORMANCE
Services under this contract are required to be performed at the following location(s):
Airfield, and Vault No. 1115 and 1116, Misawa Air Base, Japan, as shown on the project drawings
F-901. PERFORMANCE PERIOD
The Government will issue a Notice to Proceed (NTP) within 30 calendar days (CD) after the date of contract award.
Performance shall be started within 30 CD and completed within 630 CD after the date of receipt of the NTP by the contractor.
F-904. LIMITATION IN EXTERIOR WORK DURING WINTER PERIOD
The period from 15 December through 15 March in the following year is defined as the winter period. Exterior work such as excavation, backfill, concrete placement, paint, etc., shall not be performed in the winter period unless otherwise approved by the Contracting Officer. Perform such exterior work during the winter period only in compliance with applicable sections of the specifications, Attachment 1 and drawings, Attachment 2, Section J under strict temperature control with curing and/or heating appliance as necessary. If the weather violates the conditions outlined in the specifications, then the contractor shall submit the exterior work request together with work and temperature control plans to the Contracting Officer for approval. The exterior work does not include on-site preparation or survey work.
Section G - Contract Administration Data
G-1 ACCOUNTING AND APPROPRIATION DATA
To be cited upon award of the contract.
G-900 GOVERNMENT PERSONNEL
The Contracting Officer will provide to the contractor, a listing of the names of the Administrative Contracting
Officer, Contract Administrator, Contracting Officer's Representative (COR), and Government Inspector(s), their organizational codes and telephone numbers at the time of award or at the pre-construction conference.
G-901. INVOICE/PAYMENT
Payment will be made by the office in block 27 of Standard Form 1442 (to be indicated upon award) in accordance with FAR 52.232-5 Payments Under Fixed-Price Construction Contracts, FAR 52.232-27 Prompt Payment for
Construction Contracts, and DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports after receipt of the payment request by the Government.
G-902. SUMMARY FOR THE PAYMENT OFFICE
(To be cited when contract modification(s) are issued)
Modification No. Modification Amount Current Contract Price
Section H - Special Contract Requirements
H-900. CONCILIATION
(This clause is applicable to contracts which will be performed in Japan and or executed between the United States
Forces Japan, and a Japanese Contractor)
Except as otherwise provided in this contract any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States – Japan Joint Committee for conciliation in accordance with Paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI of the Treaty of
Mutual Cooperation and Security between Japan and the United States of America. Requests by the contractor for conciliation shall be made in accordance with the following procedures:
(a) In the event the contractor desires conciliation after the decision of the Contracting Officer has been served upon him, he will first file his appeal from such findings of fact with the appropriate authority in accordance with the clause of this contract entitled DISPUTES, and within the time limits described therein before filing request for conciliation with the Joint Committee and then request the appellate authority under the clause of this contract entitled DISPUTES, to suspend its action on his appeal until such time as the Joint Committee has had an opportunity for effecting conciliation.
(b) The request for conciliation will be submitted by the contractor through the nearest local Japanese Defense
Facilities Bureau, to the Contract Conciliation panel of the Joint Committee. Upon the filing of the request with the
Joint Committee, the contractor will immediately notify the Contracting Officer in writing that the request for conciliation has been filed.
(c) In the event the disagreement submitted to the Joint Committee under subparagraph (b) above has been resolved through conciliation, it will be the responsibility of the contractor to notify the appellate authority designated in the clause of this contract entitled DISPUTES, of the settlement of the dispute and to withdraw his appeal.
(d) In the event the contractor who has submitted a request for conciliation to the Joint Committee under subparagraph (b) above desires, notwithstanding tendency of this request for conciliation, that action by the appropriate authority under the clause of this contract entitled DISPUTES, be resumed on his appeal, it is his responsibility to so request the said authority in writing. The Joint Committee shall be immediately informed by the contractor of this action taken hereunder.
(e) No request for conciliation can be submitted to the Joint Committee in the case of a dispute upon which the final decision of the appropriate authority under the clause of this contract entitled DISPUTES, has been rendered.
Pending the hearing of conciliation panel the contractor shall proceed diligently with the decision. The provisions of this clause shall not prejudice any right which the parties to the contract may have to file a civil suit.
H-901. REQUIRED INSURANCE
(This paragraph applies only when contractor’s owned vehicles are being operated on Misawa Air Base)
(a) The contractor shall procure and maintain during the entire period of his/her performance under this contract, the following minimum vehicle insurance:
Property Damage – Y2,000,000
(b) Prior to the commencement of work hereunder, the contractor shall furnish to the Contracting officer a certificate or written statement of the above required insurance. The contractor is required to notify the Contracting Officer immediately upon cancellation or of any material change in the policies adversely affecting the interests of the
Government.
(c) The contractor agrees to insert the substance of this clause including this paragraph c, in all subcontracts hereunder.
H-902. PERFORMANCE BOND
(a) Submission of performance bond shall be required on the basis of contract, in a penal amount of 100% of the awarded amount of contract. The contractor shall furnish the required performance bond, executed on the Standard
Form 25, to the Contracting Officer within 30 calendar days after the award date of contract or prior to issuance of the Notice to Proceed whichever comes first. Failure by the contractor to submit the performance bond as stated above may constitute actionable grounds to invoke termination action pursuant to Section I, contract clauses FAR
52.249-10 entitled "Default (Fixed-Price Construction)".
(b) Additional performance bond shall be required when the contract award amount is increased by more than
$10,000.00 or equivalent Japanese Yen amount as indicated in the contract modification. The contractor shall furnish an executed additional performance bond to the Contracting Officer, in a penal sum equal to the increase, within the period specified in the contract modification or the Contracting Officer's letter otherwise issued.
(c) Penal sum of bond shall be filled in Japanese yen, or indicated in U.S. dollars equivalent to the yen-based contract amount as converted by use of the exchange rate at the time of the bond execution, but such bond shall be accompanied by the surety's separate certification of the penal sum amount stating that the U.S. dollars indicated in the bond shall be adjusted to the amount equivalent to the yen-based contract amount in line with the exchange rate fluctuation.
H-909. APPLICABILITY OF THE DEFENSE BASE ACT
This contract includes FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act)(Apr 1984), and FAR
52.228-4, Worker’s Compensation and War-Hazard Insurance Overseas (Apr 1984). FAR 52.228-3 applies to (1) all employees who are United States citizens and (2) all employees hired from within the United States and its territories, regardless of their nationality. FAR 52.228-4 applies to all other employees not previously specified
H-916 APPLICABILITY OF FAR 52.209-9
FAR clause at 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters, in Section I will become applicable to the resultant contract when the successful offeror checked “has” in paragraph (b) of FAR provision at 52.209-7, Information Regarding Responsibility Matters, in Section K. Otherwise, the said clause will be automatically deleted from the resultant contract.
H-917 APPLICABILITY OF DFARS 252.247-7024
DFARS clause at 252.247-7024, Notification of Transportation of Supplies by Sea, in Section I will become applicable to the resultant contract only when the successful offeror made a negative response to the inquiry in
DFARS provision at 252.247-7022, Representation of Extent of Transportation by Sea, in Section K. Otherwise, the said clause will be automatically deleted from the resultant contract.
Section I - Contract Clauses
52.202-1 Definitions JAN 2012
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees APR 1984
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures OCT 2010
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
JAN 1997
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct APR 2010
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 Central Contractor Registration DEC 2012
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards
AUG 2012
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
DEC 2010
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
MAY 2012
52.215-2 Audit and Records--Negotiation OCT 2010
52.222-50 Combating Trafficking in Persons FEB 2009
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.225-14 Inconsistency Between English Version And Translation Of
Contract
FEB 2000
52.228-2 Additional Bond Security OCT 1997
52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984
52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.228-11 Pledges Of Assets JAN 2012
52.228-14 Irrevocable Letter of Credit DEC 1999
52.228-15 Performance and Payment Bonds--Construction OCT 2010
52.229-6 Taxes--Foreign Fixed-Price Contracts JUN 2003
52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002
52.232-17 Interest OCT 2010
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 Alt I Accident Prevention (Nov 1991) - Alternate I 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
52.244-6 Subcontracts for Commercial Items DEC 2010
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 JAN 2009
252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007
252.204-7008 Export-Controlled Items APR 2010
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
DEC 2006
252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010
252.223-7006 Prohibition On Storage And Disposal Of Toxic And
Hazardous Materials
APR 2012
252.225-7041 Correspondence in English JUN 1997
252.227-7032 Rights In Technical Data And Computer Software (Foreign) JUN 1975
252.227-7033 Rights in Shop Drawings APR 1966
252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7008 Assignment of Claims (Overseas) JUN 1997
252.232-7010 Levies on Contract Payments DEC 2006
252.233-7001 Choice of Law (Overseas) JUN 1997
252.236-7000 Modification Proposals-Price Breakdown DEC 1991
252.236-7005 Airfield Safety Precautions 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)
JUN 2012
252.247-7023 Transportation of Supplies by Sea MAY 2002
252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY
MATTERS (FEB 2012)
(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information
System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database via https://www.acquisition.gov.
(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--
(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--
(i) Government personnel and authorized users performing business on behalf of the Government; or
(ii) The Contractor, when viewing data on itself; and
(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--
(i) Past performance reviews required by subpart 42.15;
(ii) Information that was entered prior to April 15, 2011; or
(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.
(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.
(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of
Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.
(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the
Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.
(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.
(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of
Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.
https://www.acquisition.gov/
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 30 calendar days (CD) 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 630 CD. The time stated for completion shall include final cleanup of the premises.
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)
(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).
(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety
Data Sheet submitted under this contract.
Material Identification No.
(If none, insert "None")
(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.
(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety
Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with
Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items.
Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.
(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.
(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.
(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--
(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;
(ii) Obtain medical treatment for those affected by the material; and
(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.
(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.
(3) The Government is not precluded from using similar or identical data acquired from other sources.
52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION (OCT 2010), is modified as follows.
Modified in accordance with FAR 28.102-1(a)(1) and FAR 28.202(b) to reflect the Contracting Officer's waiver of requirement for payment bonds and sureties appearing on Treasury Department Circular 570:
1. The words of "and payment" are deleted from the words of "performance and payment" at the clause title, para.
(b), and para. (b)(3)(i), respectively. In addition, para. (b)(2) and (e) are deleted from the clause in their entirety.
2. The words of ", or sureties authorized for issuance of the performance bond by the Financial Services Agency, the
Government of Japan " at the end of 1st sentence in para. (d).
52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)
The Contractor shall perform on the site, and with its own organization, work equivalent to at least twelve (12) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the
Contracting Officer determines that the reduction would be to the advantage of the Government.
52.236-7 PERMITS AND RESPONSIBILITIES, is modified as follows, in accordance with AFFARS
5336.507:
The first sentence in the clause at FAR 52.236-7 is modified to reflect “host government and political subdivisions” in lieu of “Federal, State, and Municipal”.
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):
Name of Website – United States Air Force FAR Site. URL: http://farsite.hill.af.mil
52.252-4 ALTERATIONS IN CONTRACT (APR 1984)
Portions of this contract are altered as follows:
None.
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR
Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS
OUTSIDE THE UNITED STATES (MAR 2006)
(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.
(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--
(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and
(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.
(c) The requirements of this clause do not apply to any subcontractor that is--
(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.
(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from the appropriate Antiterrorism Force Protection Office at the Command Headquarters. Also see https://atep.dtic.mil. For additional information: Assistant Secretary of Defense for Special Operations and
Low Intensity Conflict, ASD(SOLIC); telephone, DSN 227-7205 or commercial (703) 697-7205.
252.225-7045 BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL UNDER TRADE
AGREEMENTS (NOV 2012)
(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 of ``commercial item'' in section 2.101 of the
Federal Acquisition Regulation);
(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. 40102), such as agricultural products and petroleum products.
Component means any article, material, or supply incorporated directly into 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 end product (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--
(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, 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 (known in the World Trade Organization as ``the Separate Customs Territory of
Taiwan, Penghu, Kinmen, and Matsu'' (Chinese Taipei)), or the 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, 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, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra
Leone, Solomon Islands, Somalia, Tanzania, 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, a Free Trade Agreement 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; or
(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.
Free Trade Agreement country construction material means a construction material that--
(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement 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 Free Trade Agreement country into a new and different construction material distinct from the material 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 materials from which it was transformed.
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 materials from which it was transformed.
(b) This clause implements the Balance of Payments Program by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements apply to this acquisition. Therefore, the Balance of Payments Program restrictions are waived for designated country construction materials.
(c) The Contractor shall use only domestic or designated country construction material in performing this contract, except for--
(1) Construction material valued at or below the simplified acquisition threshold in part 2 of the Federal Acquisition
Regulation;
(2) Information technology that is a commercial item; or
(3) The construction material or components listed by the Government as follows:
See Attachment 11, List of Contractor- Furnished U.S. Material (CFUSM) for use of only domestic materials.
252.229-7001 TAX RELIEF (JUN 1997)
(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:
NAME OF TAX: See para. K-800 in Section K for fill in
RATE (PERCENTAGE): Same as above
(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.
(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The
Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for 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:
Title File Drawing No.
Section J Section J Section J
5352.201-9101 OMBUDSMAN (NOV 2012)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM or
AFISRA ombudsmen, CMSgt Tommie W. Rogers, HQ PACAF/A7K, Hickam AFB, HI 96853-5427, telephone number (808) 449-8569, facsimile number (808) 449-8571, e-mail address tommie.rogers@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU or ARISRA level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant
Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number
(703) 588-7004, facsimile number (703) 588-1067.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.
5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUGUST 2007)
(a) The contractor shall obtain base identification and vehicle passes for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and 35FW Form 54, Application for Vehicle Registration to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel
Security Program Management, as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
Section J - List of Documents, Exhibits and Other Attachments
EXHIBIT/ATTACHMENT TABLE
DOCUMENT TYPE DESCRIPTION PAGES DATE
Attachment 1 Specifications
1-1 Area 1 323 02-MAY-2011
1-2 Area 2 324 02-MAY-2011
1-3 Area 3 601 02-MAY-2011
1-4 Area 4 324 02-MAY-2011
Attachment 2 Drawings
2-1 Area 1 119 18-DEC-2012
2-2 Area 2 119 18-DEC-2012
2-3 Area 3 119 18-DEC-2012
2-4 Area 4 119 18-DEC-2012
Attachment 3 Addendum No. 1 1 18-DEC-2012
Attachment 4 Schedule of Contractor’s
Submittals
18 18-DEC-2012
Attachment 5 List of Contractor-Furnished
U.S. Material (CFUSM)
4 18-DEC-2012
Section K - Representations, Certifications and Other Statements of Offerors
52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
252.209-7001 Disclosure of Ownership or Control by the Government of a
Terrorist Country
JAN 2009
252.225-7031 Secondary Arab Boycott Of Israel JUN 2005
252.225-7042 Authorization to Perform APR 2003
52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(a) The offeror certifies that --
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –
(i) Those prices,
(ii) The intention to submit an offer, or
(iii) The methods of factors used to calculate the prices offered:
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed…
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