Solicitation Amendment - FA524023R0018-0002.pdf
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- Attached to
- Replace Aircraft Fire Trainer Facility North Ramp Andersen Air Force Base Guam Federal contract opportunity
- Solicitation number
- FA524023R0018
About this file
This is a solicitation for a fixed-price construction contract to replace an aircraft fire trainer facility at Andersen Air Force Base in Guam. The Air Force seeks to award a contractor to demolish an existing facility and build a new one in its place in accordance with provided specifications and statements of work. Offerors must submit bids by a specified date in 2023 to undertake the project, which includes a base term for construction from June 2023 through September 2024, with an option to replace an existing propane tank. The solicitation incorporates standard clauses for fixed-price construction contracts and provides standard contract terms for progress payments, contract administration data, and other requirements.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| FA524023R0018_RFIs Q and A dtd 11-May-2023.pdf | ||
| FA524023R0018_RFIs Q and A dtd 3-May-2023.pdf | ||
| Solicitation Amendment - FA524023R0018-0001 SF1442.pdf | ||
| Attachment 8 - Site Visit Instructions.pdf | ||
| Attachment 1 - Statement of Work 23-Jan-2023.pdf | ||
| Solicitation_FA524023R0018 SF1442.pdf | ||
| Attachment 3 - Wage Determination (GU20220001).pdf | ||
| Attachment 1 - Statement of Work 23-Jan-2023.pdf | ||
| Attachment 8 - Site Visit Instructions.pdf | ||
| Attachment 9 - PIEE Proposal Manager Guide.pdf | ||
| Attachment 2 - ACBDS.pdf | ||
| Attachment 4 - Section L.pdf | ||
| Attachment 5 - Section M.pdf | ||
| Attachment 6 - Past Performance Fact Sheet.docx | DOCX document | |
| Attachment 7 - Past Performance Questionnaire.docx | DOCX document |
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Text version
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER
7. ISSUED BY CODE 8. ADDRESS OFFER TO
9. FOR INFORMATION
CALL:
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers 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, is not required.
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
STANDARD FORM 1442 (REV. 8/2014)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d)
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
12b. CALENDAR DAYS
YES NO
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED PAGE OF PAGES
AMOUNTS
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
CODE FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
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
NUMBER
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
21. ITEMS ACCEPTED:
AWARD (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA
BY
31c. DATE
STANDARD FORM 1442 (REV. 8/2014) BACK
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )
26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY
Section A - Solicitation/Contract Form
AJJY 21-1002 REPLACE AIRCRAFT FIRE TRAINER FACILITY
Header only - Purchase Requisition Number: F1C3463053AQ01 Date: 16 Mar 2023
FA524023R00180002
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price
Amount
AJJY 21-1002 REPLACE AIRCRAFT FIRE TRAINER FACILITY in accordance with the Statement of Work dated January 2023 (Section J Attachment 1)
Product Service Code: Y1PZ Pricing Arrangement: Firm Fixed Price
1 Lot
Option Line Item
BID OPTION TO REPLACE EXISTING PROPANE TANK accordance with the Statement of Work dated January 2023 (Section J Attachment 1)
Product Service Code: Y1PZ Pricing Arrangement: Firm Fixed Price
1 Lot
Section C - Description/Specifications/Statement of Work
See Section J for the Statement of Work, Specifications, and Attachments.
Requirements
AJJY 21-1002 REPLACE AIRCRAFT FIRE TRAINER FACILITY
DFARS Clauses Incorporated by Full Text
252.222-7000 Restrictions on Employment of Personnel Mar 2000
As prescribed in 222.7004, use the following clause:
RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)
(a) The Contractor shall employ, for the purpose of performing that portion of the contract work in , individuals who are residents thereof Guam and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills to perform the contract.
(b) The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded under this contract.
(End of clause)
Section D - Packaging and Marking
Section E - Inspection and Acceptance
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.246-12 Inspection of Construction. Aug 1996
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: N/A
DoDAAC: F1C346 CountryCode: USA
MSG CE
AF BPN NO MILSBILLS PROCESSES, UNIT 14007
APO, AP 96543-4007
UNITED STATES
Edwin B. Garcia Email: edwin.garcia.12@us.af.mil Telephone: 671-366-1266
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: N/A
DoDAAC: F1C346 CountryCode: USA
MSG CE
AF BPN NO MILSBILLS PROCESSES, UNIT 14007
APO, AP 96543-4007
UNITED STATES
Edwin B. Garcia Email: edwin.garcia.12@us.af.mil Telephone: 671-366-1266
Section F - Deliveries or Performance
Overall Contract Delivery Period
From date of lead time event to beginning of performance 1 Calendar Days Date of Award Receipt
From date of lead time event to completion of performance 450 Calendar Days Date of Award Receipt
Line Item Delivery Schedule Quantity Address and POC
Delivery Period From 28 Jun 2023 to 20 Sep 2024
Period of Performance From 28 Jun 2023 To 20 Sep 2024
1 Lot Place of Performance DoDAAC: F1C346 CountryCode: USA
MSG CE
AF BPN NO MILSBILLS PROCESSES, UNIT 14007
APO, AP 96543-4007
UNITED STATES
Edwin B. Garcia Email: edwin.garcia.12@us.af.mil Telephone: 671-366-1266
Option Line Item
Delivery Period From 28 Jun 2023 to 20 Sep 2024
Period of Performance From 28 Jun 2023 To 20 Sep 2024
1 Lot Place of Performance DoDAAC: F1C346 CountryCode: USA
MSG CE
AF BPN NO MILSBILLS PROCESSES, UNIT 14007
APO, AP 96543-4007
UNITED STATES
Edwin B. Garcia Email: edwin.garcia.12@us.af.mil Telephone: 671-366-1266
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.242-15 Stop-Work Order. Aug 1989
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.247-7023 Transportation of Supplies by Sea. Jan 2023
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. Jan 2023
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.
WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
Construction Invoice
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.
when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC F87700
Issue By DoDAAC FA5240
Admin DoDAAC FA5240
Inspect By DoDAAC FA5240
Ship To Code FA5240
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) ____
Service Acceptor (DoDAAC) ____
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
Mr. Eddie Pelkey, Email: eddie.pelkey@us.af.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section H - Special Contract Requirements
Section I - Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.202-1 Definitions. Jun 2020 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. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 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. Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.
Jun 2020
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-2 Alternate II Security Requirements. (Alternate II) Apr 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
Nov 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
Nov 2021
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.210-1 Market Research. Nov 2021 52.211-13 Time Extensions. Sep 2000 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award. Oct 2022 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-8 Utilization of Small Business Concerns. Oct 2022 52.219-13 Notice of Set-Aside of Orders. Mar 2020 52.219-33 Nonmanufacturer Rule. Sep 2021 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 -Overtime Compensation. May 2018 52.222-6 Construction Wage Rate Requirements. Aug 2018 52.222-7 Withholding of Funds. May 2014 52.222-8 Payrolls and Basic Records. Jul 2021 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. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction. Apr 2015 52.222-35 Equal Opportunity for Veterans. Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-41 Service Contract Labor Standards. Aug 2018 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-54 Employment Eligibility Verification. May 2022 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-5 Alternate I Pollution Prevention and Right-to-Know Information. (Alternate I) May 2011 52.223-5 Alternate II Pollution Prevention and Right-to-Know Information. (Alternate II) May 2011 52.223-6 Drug-Free Workplace. May 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.223-19 Compliance with Environmental Management Systems. May 2011 52.223-21 Foams. Jun 2016
52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.227-1 Authorization and Consent. Jun 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. Jun 2020 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 Deviation 2020-O0016 Pledges of Assets (DEVIATION 2020-O0016) Apr 2020 52.228-12 Prospective Subcontractor Requests for Bonds. Dec 2022 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.232-16 Alternate III Progress Payments. (Alternate III) Jun 2020 52.232-16 Alternate I Progress Payments. (Alternate I) Mar 2000 52.232-17 Interest. May 2014 52.232-18 Availability of Funds. Apr 1984 52.232-23 Assignment of Claims. May 2014 52.232-23 Alternate I Assignment of Claims. (Alternate I) Apr 1984 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services. Nov 2021 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021 52.233-1 Disputes. May 2014 52.233-1 Alternate I Disputes. (Alternate I) Dec 1991 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 52.236-13 Alternate I Accident Prevention. (Alternate I) Nov 1991 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-17 Layout of Work. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997 52.236-21 Alternate I Specifications and Drawings for Construction. (Alternate I) Apr 1984 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 Products and Commercial Services. Dec 2022 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-2 Alternate I Termination for Convenience of the Government (Fixed-Price). (Alternate I) Sep 1996 52.249-10 Default (Fixed-Price Construction). Apr 1984 52.253-1 Computer Generated Forms. Jan 1991
DFARS Clauses Incorporated by Reference
Number Title Effective Date 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.
Jan 2023
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.203-7004 Display of Hotline Posters. Jan 2023 252.204-7000 Disclosure of Information. Oct 2016 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
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 Country that is a State Sponsor of Terrorism.
May 2019
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023
252.223-7004 Drug-Free Work Force. Sep 1988 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Jan 2023 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
Jan 2023
252.227-7022 Government Rights (Unlimited). Mar 1979 252.232-7010 Levies on Contract Payments. Dec 2006
252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.
Jan 2023
252.236-7002 Obstruction of Navigable Waterways. Dec 1991 252.236-7005 Airfield Safety Precautions. Dec 1991
252.236-7013 Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers.
Jan 2023
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.242-7006 Accounting System Administration. Feb 2012 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Jan 2023 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010
FAR Clauses Incorporated by Full Text
52.204-1 Approval of Contract. Dec 1989
As prescribed in , insert the following clause:4.103
Approval of Contract (Dec 1989)
This contract is subject to the written approval of and shall not be binding until so approved.36 CONS Contracting Officer
(End of clause)
52.211-10 Commencement, Prosecution, and Completion of Work. Apr 1984
As prescribed in , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The 11.404(b) clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.
Commencement, Prosecution, and Completion of Work (Apr 1984)
The Contractor shall be required to (a) commence work under this contract within calendar days after the date the Contractor receives the notice to 1 proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than The time 450 calendar days after receiving.
stated for completion shall include final cleanup of the premises.
(End of clause)
52.211-10 Alternate I Commencement, Prosecution, and Completion of Work. (Alternate I) Apr 1984
Alternate I ( 1984)Apr . If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:
The completion date is based on the assumption that the successful offeror will receive the notice to proceed by [Contracting Officer insert ____ date]. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.
52.211-12 Liquidated Damages-Construction. Sep 2000
As prescribed in , insert the following clause in solicitations and contracts:11.503(b)
Liquidated Damages-Construction (Sept 2000)
If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the (a) Government in the amount of $1,087 for the first day and $824 for each calendar day of delay until the work is completed or accepted.
If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These (b) liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(End of clause)
52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. Oct 2022
As prescribed in , insert the following clause:19.1309(b)
NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (OCT 2022)
Evaluation preference. (a) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-(1)
Offers from HUBZone small business concerns that have not waived the evaluation preference; and(i)
Otherwise successful offers from small business concerns.(ii)
The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation (2) factors described in the solicitation shall be applied before application of the factor.
When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the (3) HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.
. A HUBZone small business concern may elect to waive the evaluation preference, in which case the (b) Waiver of evaluation preference factor will be added to its offer for evaluation purposes.
[ ] Offeror elects to waive the evaluation preference.
(c) A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed Joint venture.
by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.
(End of clause)
52.219-14 Limitations on Subcontracting. Oct 2022
As prescribed in , insert the following clause:19.507(e)
LIMITATIONS ON SUBCONTRACTING (OCT 2022)
This clause does not apply to the unrestricted portion of a partial set-aside.(a)
, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-(b) Definition. Similarly situated entity
Has the same small business program status as that which qualified the prime contractor for the award ( , for a small business set-(1) e.g.
aside contract, any small business concern, without regard to its socioeconomic status); and
Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor (2) assigned to the subcontract.
This clause applies only to-(c) Applicability.
Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);(1)
Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);(2)
Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;(3)
Orders expected to exceed the simplified acquisition threshold and that are-(4)
Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or(i)
Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);(ii)
Orders, regardless of dollar value, that are-(5)
Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(i) (b)(2)(i)(F); or
Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award (ii) contracts, as described in 19.504(c)(1)(ii); and
Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the (6) evaluation preference.
An independent contractor shall be considered a subcontractor.(d) Independent contractors.
By submission of an offer and execution of a contract, the Contractor agrees that in performance of a (e) Limitations on subcontracting.
contract assigned a North American Industry Classification System (NAICS) code for-
Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to (1) subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by (2) the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding (3) the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract (4) performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
The Contractor shall comply with the limitations on subcontracting as follows:(f)
For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-(1)
[ ] Contracting Officer check as appropriate.
[ ] By the end of the base term of the contract and then by the end of each subsequent option period; or
[ ] By the end of the performance period for each order issued under the contract.
For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.(2)
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
(End of clause)
52.219-28 Post-Award Small Business Program Rerepresentation. Oct 2022
As prescribed in , insert the following clause:19.309(c)(1)
POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (OCT 2022)
. As used in this clause-(a) Definitions means a contract of more than five years in duration, including options. However, the term does not include contracts that Long-term contract exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
-Small business concern
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.
, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the (2) Affiliates others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the (b) Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the (1) novation agreement was executed prior to inclusion of this clause in the contract.
Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to (2) include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
For long-term contracts-(3)
Within 60 to 120 days prior to the end of the fifth year of the contract; and(i)
Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.(ii)
If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the (c) Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that (d) corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a (e) contract other than a construction or service contract, is 500 employees if the acquisition-
Was set aside for small business and has a value above the simplified acquisition threshold;(1)
Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; (2) or
Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business (3) set-aside or sole-source award regardless of dollar value.
Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this (f) clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not (g) required to, take the actions required by paragraphs (f) or (h) of this clause.
If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code (h) applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .(1) 236220 ____
[ .] The Contractor (2) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in .13 CFR 124.1002
[ ] The Contractor (3) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.
represents that it [ ] is, [ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity
.]identifier of each party to the joint venture: ____
(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier
.]of each party to the joint venture: ____
[ ] The Contractor (6) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.
represents that it [ ] is, [ ] is not a veteran-owned small business concern.
[ ] The (7) Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.
Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
[ ] The Contractor (8) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.
represents that-
It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone (i) Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in (ii) paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The ____ Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[ ] Contractor to sign and date and insert authorized signer's name and title.
(End of clause)
52.219-28 Alternate I Post-Award Small Business Program Rerepresentation. (Alternate I) Mar 2020
Alternate I . As prescribed in 19.309(c)(2), substitute the following paragraph (h)(1) for paragraph (h)(1) of the basic clause:(MAR 2020)
(h)(1) The Contractor represents its small business size status for each one of the NAICS codes assigned to this contract.
NAICS Code Small business concern (yes/no)
[ ]Contracting Officer to insert NAICS codes.
52.222-40 Notification of Employee Rights Under the National Labor Relations Act. Dec 2010
As prescribed in , insert the following clause:22.1605
NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)
During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as (a) prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR471.2 (d) and (f).
Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice (1) is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.
If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice (2) electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's website that contains the full text of the poster. The link to the Department's website, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."
This required employee notice, printed by the Department of Labor, may be-(b)
Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 (1) Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;
Provided by the Federal contracting agency if requested;(2)
Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or(3)
Reproduced and used as exact duplicate copies of the Department of Labor's official poster.(4)
The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, .(c) 29 CFR Part 471
The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.(d)
In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract (e) may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with and subpart 29 CFR 471.14
9.4. Such other sanctions or remedies may be imposed as are provided by , which implements Executive Order 13496 or as otherwise 29 CFR part 471 provided by law.
Subcontracts. (f) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds (1)
$10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.
The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this (2) clause.
The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of (3) enforcing such provisions, including the imposition of sanctions for noncompliance.
However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of (4) such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.
(End of clause)
52.222-42 Statement of Equivalent Rates for Federal Hires. May 2014
As prescribed in , insert the following clause:22.1006(b)
STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( ), this clause 29 CFR Part 4 identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage-Fringe Benefits
(End of clause)
52.225-11 Buy American-Construction Materials under Trade Agreements. Dec 2022
As prescribed in , insert the following clause:25.1102(c)
BUY AMERICAN-CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (DEC 2022)
. As used in this clause-(a) Definitions means a construction material that-Caribbean Basin country construction material
Is wholly the growth, product, or manufacture of a Caribbean Basin country; or(1)
In the case of a construction material that consists in whole or in part of materials from another country, has been substantially (2) 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
Means any item of supply (including construction material) that is-(1)
A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (i)
(FAR) 2.101);
Sold in substantial quantities in the commercial marketplace; and(ii)
Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in (iii) the commercial marketplace; and
Does not include bulk cargo, as defined in 46 U.S.C.40102(4), such as agricultural products and petroleum products.(2) means an article, material, or supply incorporated directly into a construction material.Component means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation Construction material 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.
means-Cost of components
For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the (1) 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
For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation (2) 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.
means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply Critical component chain. The list of critical components is at FAR 25.105.
means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of Critical item critical items is at FAR 25.105.
means any of the following countries:Designated country
A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, (1) 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, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);
A Free Trade Agreement (FTA) country (Australia, Colombia, Costa Rica, Dominican Republic, El Salvador, (2) Bahrain, Chile, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);
A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African (3) 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
A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, (4) Dominica, Grenada, Guyana, Haiti,…
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