Solicitation.pdf
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- Multiple Award Painting IDIQ Federal contract opportunity
- Solicitation number
- FA5270-15-R-0005
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Multiple Aw ard Painting IDIQ Contract.
1. The Government intends to issue a Multiple Aw ard, Painting, Indefinite Delivery-Indefinite Quantity Contract for Interior and Exterior Painting of Military Family Housing units and other Governmental Buildings on Kadena Air Base and other U.S. Military Installations throughout Okinaw a, Japan.
2. The total program value is Not-To-Exceed $30,000,000.00 (or Yen equivalent) over a f ive-year period w hich includes one basic year and four option years:
3. This project w ill be performed in it's entirety in the country of Japan. The offeror represents that it has been duly authorized to operate and to do business in the country or countries in w hich the contract is to be performed. (IAW DFARS 252.225.7042).
4. Blocks 11/12A/12B/13B applies to Subsequent Task Orders (TOs); see CONST-F-7166 & CONST-H-7204.
5. See Section J, List of Attachments for applicable documents.
6. See Section J, Attachment 2/3a,3b/4, for Sample Project information.
7. The magnitude of SAMPLE PROJECT LXEZ 12-2659-2 is betw een $500,000.00 and $1,000,000.00
8. The magnitude of SAMPLE PROJECT LXEZ 10-1595 is betw een $25,000 and $100,000.00
9. See Section L, Provision 52.236-27 Alt I for the sample projects site visit informaiton.
RINA YAMAUCHI 634-7493
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
12-Aug-2015
(RFP)
(IFB)
X
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
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 _________________________CONST-F-7166
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 __________4 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________14 Sep 2015 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee 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 _______240 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
18 CONS/INFRASTRUCTURE ACQUISITION
POC: GARY WYNDER
UNIT 5199, BLDG 95
APO AP 96368
FA5270
PAGE OF PAGES
1 OF
CODE FA5270
(Title, identifying no., date):
12B. CALENDAR DAYS
10:00 AM (hour) Sealed envelopes containing offers
18 CONS/INFRASTRUCTURE ACQUISITION
POC: RINA YAMAUCHI UNIT 5199, BLDG 95
APO AP 96368
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
634-7626FAX:TEL: 634-5803 TEL: 634-7493 FAX: 634-7626
FA5270-15-R-0005 57
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
FA5270-15-R-0005
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 UNDEFINED Lot Construction Painting Svs Basic Year
FFP
Multiple Award IDIQ Contract for Construction Paint Services
The contractor shall furnish all labor, management, supervision, tools, materials, equipment, incidental engineering (as applicable), and transportation, except otherwise specified herein, necessary to perform IAW the Statement of Work, Specifications, Terms and Conditions, and resultant Task Order(s).
FOB: Destination
NSN: Z199-MA-TOC-PAIN
SIGNAL CODE: A
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
1001 UNDEFINED Lot OPTION Construction Painting Svs Option Year 1
FFP
Multiple Award IDIQ Contract for Construction Paint Services
The contractor shall furnish all labor, management, supervision, tools, materials, equipment, incidental engineering (as applicable), and transportation, except otherwise specified herein, necessary to perform IAW the Statement of Work, Specifications, Terms and Conditions, and resultant Task Order(s).
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
2001 UNDEFINED Lot OPTION Construction Painting Svs Option Year 2
FFP
Multiple Award IDIQ Contract for Construction Paint Services
The contractor shall furnish all labor, management, supervision, tools, materials, equipment, incidental engineering (as applicable), and transportation, except otherwise specified herein, necessary to perform IAW the Statement of Work, Specifications, Terms and Conditions, and resultant Task Order(s).
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
3001 UNDEFINED Lot OPTION Construction Painting Svs Option Year 3
FFP
Multiple Award IDIQ Contract for Construction Paint Services
The contractor shall furnish all labor, management, supervision, tools, materials, equipment, incidental engineering (as applicable), and transportation, except otherwise specified herein, necessary to perform IAW the Statement of Work, Specifications, Terms and Conditions, and resultant Task Order(s).
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
4001 UNDEFINED Lot OPTION Construction Painting Svs Option Year 4
FFP
Multiple Award IDIQ Contract for Construction Paint Services
The contractor shall furnish all labor, management, supervision, tools, materials, equipment, incidental engineering (as applicable), and transportation, except otherwise specified herein, necessary to perform IAW the Statement of Work, Specifications, Terms and Conditions, and resultant Task Order(s).
FOB: Destination
Section C - Descriptions and Specifications
DESCRIPTIONS AND SPECIFICATION
C-1 Specifications, Standards and Drawings (IAW FAR 11.201)
(a) The contractor shall furnish the services and supplies set forth in Section B in accordance with the Painting IDIQ Specification listed in Section J, Attachment 1 and the Statement of Work, specifications and/or drawings called for by individual task order when issued.
(b) For the following two (2) sample and/or seed projects refer to the Statement of Work, Section J, Attachment 2.
(i) Project No LXEZ 12-2659-2, Paint Exterior, Area 4, KAB
(ii) Project No LXEZ 10-1595, Paint Interior Floor, Walls, B266
Section E - Inspection and Acceptance
CLAUSES INCORPORATED BY REFERENCE
52.246-12 Inspection of Construction AUG 1996
CLAUSES INCORPORATED BY FULL TEXT
CONST-E-7140B PRE-FINAL AND FINAL INSPECTION
In accordance with FAR 52.211-10 the contractor is required to complete this project, ready for use, within the number of calendar days specified in the Task Order. To ensure adequate time to correct any deficiencies noted by the government during the final inspection, it is highly recommended that the contractor schedules such final inspection through the contract administrator at least seven (7) calendar days prior to the scheduled project completion date. The contractor is solely responsible for scheduling this inspection and is reminded that failure to complete the project ready for use in accordance with the contract terms and conditions may result in the assessment of liquidated damages as described in FAR 52.211-12, Liquidated Damages - Construction. Occasionally, minor discrepancies may be detected during the final inspection that may be considered "punchlist" items. If only minor "punchlist" items are found, another inspection may not be required. However, all punchlist items must be corrected by the contractor, and verified by the project inspector, prior to expiration of the contract period unless otherwise authorized in writing by the contracting officer. The determination as to what constitutes a minor discrepancy rests solely with the contracting officer and nothing in this paragraph shall be construed as a waiver of the government's rights under any clause in this contract, including the right to assess liquidated damages as may be appropriate for failure to complete the project in accordance with the terms and conditions contained therein.
(End of Clause)
CONST-E-7141 DESIGNATION OF GOVERNMENT INSPECTOR
The Base Civil Engineer or his authorized representative is designated as the representative of the contracting officer for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This designation in no way authorizes anyone other than the contracting officer to commit the Government to changes in the terms of the contract.
Section F - Deliveries or Performance
52.211-13 Time Extensions SEP 2000
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within (the number of days specified in the Task Order) after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than (the date specified in the Task Order). The time stated for completion shall include final cleanup of the premises.
*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.
(End of clause)
52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government for each calendar day of delay until the work is completed or accepted. The amount of Liquidated Damages will be identified by the Contracting Officer with each specific Task Order.
(b) A specific task order involving Military Family Housing and/or Bachelor Housing may include the cost to house displaced personel and families in available lodging. Specific costs will depend on rank and number of dependents and will be drived from Overseas Housing Allowance (OHA) with dependents plus average applicable housing allowance, as appropriate and will be identified by the Contracting Officer with each specific task order.
(c) 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.
CONST-F-7160 ISSUANCE OF NOTICE TO PROCEED
The United States Government will issue Notice to Proceed within 40 calendar days after contract award.
CONST-F-7164 HISTORICAL DATA/GOVERNMENT ESTIMATES AND PROJECTED USAGE
The following historical data and/or government estimate is provided for information purposes only, and is the most accurate available based on recent history and/or reasonable projections for future usage. Variations from the historical data or projected usage provided will not be grounds for a claim against the government.
Exterior Painting, IDIQ: FY09-FY13, $20,361,575 (58 Task Orders) Interior Painting, IDIQ: FY10-FY14, $5,425,273 (17 Task Orders)
CONST-F-7166 ISSUANCE OF NOTICE TO PROCEED FOR DELIVERY ORDERS OR TASK
ORDERS (FEB 2005)
The United States Government will issue Notice to Proceed within 40 calendar days after delivery order or task order is issued.
Section G - Contract Administration Data
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow
(WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice 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) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Construction Payment Invoice
(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
Air Force F2H2B9 Army WT6KHU
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF Air Force Pay Official DoDAAC F68800 Army Pay Official DoDDAAC HQ0671 Issue By DoDAAC FA5270 Admin DoDAAC FA5270 Inspect By DoDAAC See Schedule Ship To Code See Schedule Service Acceptor See Schedule
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
Contracting Officer specified in Subsequent Task Order
(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.
Contract Administrator specified in Subsequent Task Order
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
Section H - Special Contract Requirements
CONST-H-7200 U.S. DOLLAR VERSUS YEN EQUIVALENT
For the duration of this solicitation the contractor shall use the following exchange rate in determining the Yen equivalent to referenced US dollar amounts in this solicitation provisions/contract clauses $1.00 = JPY120.1200 at evaluation of the award. All referenced US dollar amounts in this solicitation provisions/contract clauses are modified to include "or Yen equivalent". Yen rate will be established per delivery order or task order.
CONST-H-7201 REQUIRED INSURANCE (In addition to that required by Japanese Law)
a. The contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance on each vehicle used by the contractor at the work site.
Type: Automobile Property Damage and Bodily Injuries Amount: JPY3,000,000 or Dollar equivalent for automobile property damage JPY30,000,000 or Dollar equivalent for bodily injuries
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 policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the US Government in such insurance shall not be effective for such period as may be prescribed by the laws of the country of Japan in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the contracting officer.
c. The contractor agrees to insert the substance of this clause, including this paragraph (c) in all subcontracts hereunder.
CONST-H-7202 CONCILIATION
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 this 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 facts 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 Defense Facilities Administration 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 his 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 his 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 performance of the contract in accordance with the contracting officer’s decision. The provisions of this clause shall not prejudice any right which the parties to the contract may have to file in a civil suit.
CONST-H-7204 PERFORMANCE BOND
A performance bond in the penal amount of one hundred percent (100%) for each task order of $150,000 or greater (or Yen equivalent) price shall be submitted within 15 calendar days after the task order is issued or prior to the receipt of the notice to proceed whichever comes first.
Payment bond has been waived by the Contracting Officer pursuant FAR 28.102-1(a)(1).
CONST-H-7205 ORDERING PROCEDURE FOR DELIVERY ORDERS OR TASK ORDERS
1. Pursuant to DFAR Clause 252.216-7006, Ordering, the following activity is the only office authorized to order any supplies and services to be furnished under this contract:
18th Contracting Squadron Unit 5199, Bldg. 95
APO AP 96368-5199
2. All delivery orders or task orders are subject to the terms and conditions of the contract. In the event of conflict between delivery order/task order and this contract, the contract shall control.
3. Pursuant to FAR Clause 52.216-22, indefinite quantity, this is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the schedule are estimates only and are not purchased by this contract.
4. This contract provides for the issuance of Task Orders, on a as needed negotiated basis, as follows:
a. GENERAL:
1. Only the Contracting Officer (CO) may issue Task Order Request For Proposals (TORFP), Task Order Request For Quotes (TORFQ), Task Order Invitation For Bids (TOIFB), and Task Orders (TO) to the Contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the Statement of Work. Unless specifically authorized by the Contracting Officer during an emergency requirement, the Contractor shall not commence work until a fully executed Task Order has been awarded.
2. No other costs are authorized unless otherwise specified in the contract or expressly authorized by the Contracting Officer.
b. COMPETITION:
1. Only the contractors awarded contracts as a result of this Painting IDIQ RFP will compete for subsequent Task Orders. These contractors are encouraged to participate in all site visits and submit proposals. Contractors are not required to propose on all TORFPs, TORFQs, and TOIFBs. Those eligible Contractors that decide not to submit a proposal shall advise the Contracting Officer, in writing, of their intention not to submit a proposal on or before the closing date and time established in the TORFP, TORFQ, or TOIFB.
*Occasionally, (generally during the last quarter of the fiscal year, July through September), the government will solicit offers for projects for which funds are not certified or readily available. In the Pacific Air Force, these acquisitions are generally referred to as “End of Year Projects”. The contracting officer may solicit offers from Painting IDIQ awardees. Submission of proposals for these acquisitions is at the sole discretion of the respective Painting IDIQ awardees and their declination to participate in any or all such “End of Year Projects” solicitations will not reflect negatively upon them.
2. The Contracting Officer anticipates that competition will exist for each TO as defined in FAR 15.403-1(c)(1).
3. SEE FAIR OPPORTUNITY BELOW.
c. DESCRIPTION OF SUBSEQUENT TASK ORDERS:
The Task Orders will range from $2,000 (or Yen equivalent) to $2,000,000 (or Yen equivalent).
d. REQUESTING SUBSEQUENT TASK ORDER PROPOSALS/QUOTES/BIDS:
A Task Order Request for Proposal (TORFP), Task Order Request for Quote (TORFQ), Task Order Invitation for Bid (TOIFB) (TORFP), will be prepared and issued for each task order requirement by the CO.
Generally, the TORFP, TORFQ, TOIFB will include, but is not limited to, the following:
1. Statement of Work;
2. Reporting Requirements and Deliverables (if applicable);
3. Proposal Due Date and Instruction;
4. Period of Performance of Task Order;
5. Evaluation Factors for Award
e. SUBSEQUENT TASK ORDER EVALUATION CRITERIA:
1. Price will be evaluation criteria in all task orders. The Contractor will provide their best price for the individual task order in their initial proposal. There are no pre-established labor rates, etc. included within the contract. The Contractor will utilize the Task Order Pricing Template when providing their price for each individual task order. The Government will provide a Task Order Pricing Template for each task order with the TORFP, TORFQ, TOIFB filled in with the categories of work that are anticipated.
2. The Government may include evaluation criteria in the TORFP, TORFQ, TOIFB other than price.
The following includes a list of potential evaluation criteria (this list is not all encompassing):
(a) Past Performance – Task Order past performance or prior past performance on other contracts
(b) Ability to Meet Schedule Requirements
(c) Relevant Experience
(d) The contractor’s technical understanding of the work
(e) Specific technical and/or management capabilities
f. EVALUATION AND AWARD OF TASK ORDER PROPOSALS/QUOTES/BIDS: The
Government will evaluate the Task Order Proposals/Quotes/Bids against the requirements of the TORFP, TORFQ, TOIFB. In addition, the TORFP, TORFQ, TOIFB will identify the basis for selecting a contractor for award. Each TORFP, TORFQ, TOIFB will specify how the award decision will be made. Upon completion of evaluations, the Contracting Officer will issue a task order to the Contractor whose proposal is most advantageous to the government in accordance with the TORFP, TORFQ, TOIFB. The Contracting Officer will notify all Painting IDIQ contractors of the selection decision in writing.
g. FAIR OPPORTUNITY:
1. In accordance with FAR 16.505(b)(1)(i), each awardee will be given a fair opportunity to be considered for each order issued over the micro-purchase threshold (or Yen equivalent) unless exception(s) apply in accordance with FAR 16.505(b)(2).
a. The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.
(i) Initial means of rotational selection will be performed by randomly drawn lot. In subsequent urgent requirements, the order of rotation will be maintained; however, the government reserves the right to apply some or all of the criteria in paragraph e. 2 above in the rotation and may exclude those contractors who do not meet the consideration(s) factors.
b. Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.
c. The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.
d. It is necessary to place an order to satisfy a minimum guarantee.
2. All awardees will be given a fair opportunity to be considered in accordance with the FAR as follows:
a. For orders exceeding micro-purchase threshold up to the simplified acquisition threshold in accordance with FAR 16.505(b)(1)(ii)
b. For orders exceeding the simplified acquisition threshold in accordance with FAR 16.505(b)(1)(iii)
h. TASK ORDER ISSUANCE PROCEDURES:
1. Work under this contract will be ordered by written Task Orders issued on DD Form 1155 (Order for Supplies or Services) to the contractor by the Contracting Officer.
2. Each award as a result of this solicitation will cite an individual contract number. Individual Task Orders will be placed in a sequential numbering system, which relate back to the basic contract and their assigned Task Order Number.
3. The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed Task Orders.
4. Task Orders will be firm fixed price and clearly define the specific services to be performed or the performance desired.
5. Task Orders may be modified by the Contracting Officer. Modifications to Task Orders will be issued on Standard Form (SF) 30 and cite the Task Order Number.
6. Task Orders shall be issued by Contracting Officers assigned to18th Contracting Squadron.
i. TASK ORDER PERFORMANCE PERIOD: FAR Clause 52.211-10, Commencement, Prosecution and Completion of Work will be incorporated into each Task Order identifying the construction schedule. The Government reserves the right to include the performance period or impose a performance period for each task order.
j. PREAWARD SITE INSPECTIONS: Upon receipt of the scope of work and following a brief time period for reviewing the documents, the Contractor shall inspect the job site. The prospective project superintendent shall attend the site visit in addition to the appropriate Government personnel. Any deficiencies, conflicts, or other areas of concern existing in the scope of work should be brought to the attention of the Contracting Officer, in writing by the Government personnel.
k. SUPERVISION: The contractor shall provide for each Task Order, supervision in accordance with
FAR Clause 52.236-6, Superintendence by the Contractor.
l. NOTICE OF CHANGES: Under the “Changes” clause of this contract, only the Contracting Officer may make changes in the work within the general scope of the contract by written order designated or indicated to be a change order. Any other written or oral order from the Contracting Officer that causes a change shall be treated as a change order, provided that the Contractor gives the Contracting Officer a written notice stating (1) the date, circumstances, and source of the order; and (2) that the Contractor regards the order as a change order.
m. PRE-CONSTRUCTION CONFERENCE: Prior to commencing work under a Task Order, the
Contractor shall meet with the Contracting Officer and/or designated technical personnel at a mutually agreeable time to discuss and develop mutual understandings concerning schedule and administering work.
n. CONFERENCE RECORD: The contractor shall within five (5) working days after each conference or discussion, either by telephone or in person, prepare a written record of the meeting and/or discussions and furnish a copy (in electronic format and hard copy) to the Contracting Officer’s Representative (COR) or 718 CES/DPW Engineer identified in the individual task order via the Contracting Officer. The written report shall include the project name, contract/TO number, subject, the name of the participants, an outline of discussions, the recommendations and conclusions. Number each written record for the particular project under design in consecutive order.
o. PERFORMANCE EVALUATIONS: At the conclusion of each Task Order, the Contracting Office will complete a contractor’s performance evaluation and input into Construction Contractor Appraisal Support System (CCASS), if the contract amount is excess of $650,000.00 (or Yen equivalent). The evaluation will take into account all aspects of the contractor’s performance. Performance evaluations may be completed at any time the Contractor’s performance is considered less than satisfactory.
Contractors will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation. If the contract amount is less than $650,000.00 (or Yen equivalent), a contractor’s performance evaluation will be manually input to DD Form 2626, Performance Evaluation Construction. The performance evaluations may have an impact on the award of future Task Orders.
CONST-H-7207 DEFENSE BASE ACT/WORKMAN'S COMPENSATION/WORK ON AN
OVERSEAS INSTALLATION ( MAY 2015 )
This contract includes FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act) (Jul 2014), and FAR 52.228-4, Worker’s Compensation and War-Hazard Insurance Overseas (Apr 1984), clauses. When the U.S.
Secretary of Labor has waived the Defense Base Act’s applicability to contracts performed in Japan, FAR 52.228-4 applies to the contractor; if the U.S. secretary of Labor has not waived the applicability of the Defense Base Act, that Act applies to the contractor.
For the remainder of calendar year 2015, the U.S. Secretary of Labor has waived the application of the Defense Base Act to contractor employees, who are covered by Japanese compulsory workers’ compensation insurance; this waiver does not apply to employees, who are citizens of the United States, to employees who are lawful residents of the United States, or to employees hired in the United States. If the U.S. Secretary of Labor does not extend this waiver, for periods, not covered by a waiver, the contractor’s employees will fall under the Defense Base Act.
GEN-H-7951 TAX EXEMPTION CERTIFICATE (AUG 2001)
The Contractor will submit requests for gasoline or diesel oil tax exemption certificates to the Contracting Officer.
This request will show the actual amount of gasoline or diesel oil used exclusively for the performance of this contract, with documentary evidence and detailed item breakdown to certify the accurate consumption of gasoline or diesel oil, or other necessary information and data as may be required. The Contracting Officer will issue to the Contractor a Tax Exemption Certificate for the actual amount of gasoline or diesel oil used exclusively for the performance of this contract. The Contractor shall claim all tax and customs exemptions as listed in clause CONST- K-7250, entitled, “EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES PURSUANT TO
STATUS OF FORCES AGREEMENT”.
GEN-H-7952 JAPANESE ROAD LAWS (AUG 2001)
The Contractor shall comply with Japanese Road Laws while on U.S. military installations to specifically include:
Article 43, The Road Law (Japan) (prohibitive acts relative to roads). No person shall commit the following described acts:
Damaging the road, causing roads to be littered with debris, polluting the roads with debris or fall out from motor vehicles or otherwise defacing roads unreasonably or without due cause.
Article 43-2 (Measures to be taken to prevent cargo or things loaded on motor vehicles from falling out)
The agency managing a road may, when there is reasonable cause for him to feel that items or cargo being carried in or on a motor vehicle may fall out and damage, pollute, or otherwise deface the road in such manner as to hinder or obstruct the traffic, order the operator of the vehicle in question to take steps or measures necessary to prevent occurrence of such hindrance by stopping operation of the vehicle, correcting the method of loading or traveling, or operation of the vehicle.
GEN-H-7953 REGISTRATION OF MOTOR VEHICLES (AUG 2001)
All company-owned and privately-owned motor vehicles required to be on U.S. Government facilities during the performance of this contract must be registered with Vehicle Registration, Camp Foster. Necessary decals and/or permits will be issued and displayed on the vehicles in the manner as directed by the Vehicle Registration Officer.
Vehicle decals shall be removed from vehicles and turned in to Vehicles Registration, Camp Foster, at the end of the contract period or sooner when vehicles are no longer used in the performance of the contract or as directed by the Contracting Officer.
Section I - Contract Clauses
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards
JUL 2013
52.204-13 System for Award Management Maintenance JUL 2013 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
AUG 2013
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
JUL 2013
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
DEC 2014
52.210-1 Market Research APR 2011 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
MAY 2008
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-14 Inconsistency Between English Version And Translation Of
Contract
FEB 2000
52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 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 NOV 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010
52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Alt II Specifications and Drawings for Construction (Feb 1997)
Alternate II
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 52.245-1 Government Property APR 2012 52.245-9 Use And Charges APR 2012 52.246-21 Warranty of Construction MAR 1994 52.247-63 Preference For U.S. Flag Air Carriers JUN 2003 52.248-3 Value Engineering-Construction OCT 2010 52.249-2 Alt I Termination for Convenience of the Government (Fixed-
Price) (Apr 2012) - Alternate I
SEP 1996
52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7012 Safeguarding of Unclassified Controlled Technical Information
NOV 2013
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 2014
252.211-7007 Reporting of Government-Furnished Property AUG 2012 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, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7005 Identification Of Expenditures In The United States JUN 2005 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.225-7993 (Dev) Prohibition on Contracting with the Enemy (Deviation) SEP 2014 252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7023 Drawings and Other Data to become Property of Government MAR 1979 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 252.242-7004 Material Management And Accounting System MAY 2011 252.242-7005 Contractor Business Systems FEB 2012 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 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property APR 2012 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal MAR 2015 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military
Operations
OCT 2010
252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $2,000,000.00;
(2) Any order for a combination of items in excess of $4,000,000.00; or
(3) A series of orders from the same ordering office within 5 working days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 working days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract upon completion of final task order (as modified, if necessary).
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to contract expiration date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five
(5) years.
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…
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