Attachment_J-6_NFAS_(NAVFAC)_Other_Contract_Requirements.pdf

Naval Facilities Acquisition Standards (NFAS)

CONSTRUCTION MULTIPLE

AWARD CONSTRUCTION

CONTRACTS (MACC) CONTRACT

CLAUSES

February 2016 edition

2016 Edition 1

NAVFAC Acquisition Standards (NFAS)

As prescribed in 1.602-1-101, insert the following clause:

5252.201-9300 CONTRACTING OFFICER AUTHORITY (JUN 1994).

In no event shall any understanding or agreement between the Contractor and any

Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the Contractor be effective or binding upon the Government.

All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby put on notice that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.

(End of clause)

As prescribed in 9.507-2, insert the following clause:

5252.209-9300 ORGANIZATIONAL CONFLICTS OF INTEREST - ALTERNATE I

(JUN 1994).

The restrictions described herein shall apply to the Contractor and its affiliates, consultants and subcontracts under this contract. If the Contractor under this contract prepares or assists in preparing a statement of work, specifications and plans, the Contractor and its affiliates shall be ineligible to bid or participate, in any capacity, in any contractual effort which is based on such statement of work or specifications and plans as a prime contractor, subcontractor, consultant or in any similar capacity. The Contractor shall not incorporate its products or services in such statement of work or specification unless so directed in writing by the Contracting Officer, in which case the restriction shall not apply. This contract shall include this clause in its subcontractor's or consultants' agreements concerning the performance of this contract.

(a) Some remedial action may be performed by the architect-engineer firm in order to prevent continued contamination that immediately endangers population or property.

(b) The Contractor shall provide a statement with his bid or proposal which concisely describes all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) relating to the work to be performed hereunder. The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information prior to award. If a potential conflict is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. The disclosure shall include a description of action which the Contractor proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the conflict of interest.

(c) In addition, the Contractor shall notify the Contracting Officer, in writing, of its intention to compete for, or accept the award of any contract for similar or related work for any Department of Defense, other Agency of the federal government, or state regulatory agency which may involve Navy sites. Such notification shall be made before the Contractor either competes for or accepts any such contract.

2016 Edition 2

(d) Remedies: The Government may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organization conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default, or debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) The Contractor further agrees to insert in any subcontract or consultant agreement hereunder, provisions which shall conform substantially to the language of this clause, including this paragraph (f).

As prescribed in 11.404-100, insert the following clause:

5252.211-9301 PHASED CONSTRUCTION SCHEDULE (SEP 1996).

Within the overall project schedule, commence and complete the work in phases.

Complete each phase of the work within the number of calendar days stated in the following schedule:

a. Schedule start day: The day designated as the beginning of a particular phase;

the number listed is the number of calendar days from the award of contract.

b. Completion day: The day designated as the end of a given phase and the day the work in that phase must be completed; the number listed is the number of calendar days from the award of the contract.

c. Schedule: AS APPLICABLE, IDENTIFIED ON INDIVIDUAL TASK ORDERS

[Contracting Officer insert start and completion day for each phase. The completion day of the last phase must be the same number as indicated in FAR 52.211-10, Commencement, Prosecution, and Completion of Work.]

d. If the work of a particular phase is complete and accepted before the scheduled completion day, immediately begin work on the subsequent phase unless otherwise restricted.

As prescribed in 28.102-3-100(a), insert the following clause:

5252.228-9305 NOTICE OF BONDING REQUIREMENTS (DEC 2000).

(a) Within 15 days after receipt of award, the bidder/offeror to whom the award is made shall furnish the following bond(s) each with satisfactory security:

XX A Performance Bond (Standard Form 25). The performance bond shall be in a penal sum equal to 100% percent of the task order/contract price.

N/A A Payment Bond (Standard Form 25A). The payment bond shall be in a penal sum equal to 100% of the contract price.

2016 Edition 3

(b) Any surety company holding a certificate of authority from the Secretary of Treasury as an acceptable Surety on Federal bonds will be accepted. Individual sureties will be permitted as prescribed in FAR 28.203 and FAC 5252.228-9300. Alternative types of security in lieu of furnishing sureties on performance and/or payment bonds will be permitted as prescribed in FAR 28.204, and will be held for at least one year after the completion of the contract. Additional bond security may be required as prescribed in FAR 52.228-2. Bonds shall be accompanied by a document authenticating the agent’s authority to sign bonds for the surety company.

(c) The contract time for purposes of fixing the completion date, default, and liquidated damages shall begin to run 15 days from the date of award, regardless of when performance and payment bonds or deposits in lieu of surety are executed.

As prescribed in 29.402-100(a), insert the following clause:

5252.229-9302 CONSUMPTION TAX EXEMPTION PROCEDURES ON PURCHASE OF

GOODS AND SERVICES BY THE UNITED STATES ARMED FORCES IN JAPAN

[JAPANESE LAW NO. 108, 1988] (JUN 1994)

(a) The Consumption Tax Law (Law No. 108, 1988) was enacted in the Diet of Japan on 24

December 1988, and applied from April 1, 1989. The Government of Japan (GOJ) and the United States Government (USG), in accordance with paragraph 3, Article XII, of the "The Agreement Under Article VI of the Treaty of Mutual Cooperation And Security Between Japan And The United States of America Regarding Facilities And Areas And The Status of United States Armed Forces In Japan" (SOFA), have agreed upon procedures for exempting the United States from the Consumption Tax on the following transactions upon appropriate certification:

(1) Goods and services purchased in Japan for official purposes of the U. S. Armed

Forces by the U. S. Armed Forces or its authorized procurement agencies;

(2) Goods and services purchased in Japan, by persons, including corporations, who are designated by the USG in accordance with the provisions of paragraphs 1 and 2, Article XIV of the SOFA (Article XIV Contractors), solely for the purpose of performing the business of construction, maintenance or operation under the contract for construction, etc., for use by the U.

S. Armed Forces, or film and gasoline purchased in Japan by Article XIV Contractors solely for the business activities described above.

(b) The underlying objective is to obtain the full amount of the exemption from the tax on U.S. Forces procurements immediately at the time of purchase, and at the same time give the Contractor a proof of purchase document, acceptable to GOJ tax authorities, which he/she can present to the tax authorities to obtain a tax credit and/or refund for tax already collected and paid by previous sellers.

(c) By the submission of their offer, the offeror certifies that Japanese consumption tax is not part of the bid price, nor will it be a part of any subsequent modification to the contract.

Procedures for Contractors to obtain a consumption tax credit are described in a handbook that may be obtained from the Procuring Contracting Office.

2016 Edition 4

As prescribed in 36.5100(a), insert the following clause:

5252.236-9301 SPECIAL WORKING CONDITIONS AND ENTRY TO WORK AREA

(OCT 2004)

The Government under certain circumstances may require denial of entry to the work areas under this contract where the Contractor's work or presence would constitute a safety or security hazard to ordnance storage or handling operations. Restrictions covering entry to and availability of the work areas are as follows:

(a) Entry. Entry to work areas located within the special Security Limited areas, defined as those work areas located within the existing security fence, can be granted subject to special personnel requirements as specified herein and to other normal security and safety requirements.

Complete denial of entry to the Limited Area may be required during brief periods of one to two hours (normally) and on rare occasions of two to four hours. For bidding purposes, the Contractor shall assume denial of entry to the work areas in the Limited Area of six 2-hour denials and one 4-hour denial per month.

(b) Vehicle Delay. The Contractor shall also assume for bidding purposes that, in addition to site denial, each vehicle and/or unit of construction equipment will be delayed during each movement through the security gate, both entering and leaving the limited area. Delays will average: refer to the NAVFAC MACC Specifications and Task Order Statement of Work.

(c) Operational Considerations. To reduce delay time while preserving required security, the following points should be considered in operational planning:

(1) Vehicle Search. Security regulations required that all vehicles, when authorized to enter the Limited Area be thoroughly searched by guard force personnel. Such a search will be required for all vehicle/ construction equipment. Accordingly, once a vehicle or unit of construction equipment has been cleared, it may be left in the Limited Area after initial entry has been made. For the period of time authorized the vehicle/equipment left in the Limited Area will be assigned parking areas by the Contracting Officer. The vehicle/equipment must be secured as specified in paragraph entitled "SECURITY REQUIREMENTS." The intent is to reduce the Contractor loss of time at the security gate. No private vehicles will be allowed to enter the Limited Area.

(2) Delivery Vehicles. Guard force personnel will inspect vehicles delivering construction materials while the driver is being processed for entry into the Limited Area. A Security Escort will then escort the driver and vehicle in the Limited Area. To provide this service, delivery schedules should be promulgated in advance and vendors made aware that a reasonable delay can be expected if delivery is other than the time specified. Deliveries after 1600 hours will not be allowed entry into the Limited Area without prior approval of the Physical Security Officer.

2016 Edition 5

As prescribed in 36.5100(b), insert the following clause:

5252.236-9303 ACCIDENT PREVENTION (NOV 1998).

(a) The Contractor will maintain an accurate record of, and will report to the

Contracting Officer in the manner and on the forms prescribed by the Contracting Officer, all accidents resulting in death, traumatic injury, occupational disease, and damage to property, materials, supplies and equipment incident to work performed under this contract.

(b) Compliance with the provisions of this article by subcontractors will be the responsibility of the Contractor.

(c) Prior to commencement of the work, the Contractor may be required to:

(1) submit in writing his proposals for effectuating provision for accident prevention;

(2) meet in conference with representatives of the Contracting Officer to discuss and develop mutual understandings relative to administration of the overall safety program.

As prescribed in 36.5100(c), insert the following clause:

5252.236-9304 UTILITIES FOR CONSTRUCTION AND TESTING (JUN 1994).

The Contractor shall be responsible for obtaining, either from available Government sources or local utility companies, all utilities required for construction and testing. The Contractor shall provide these utilities at his expense, paid for at the current utility rate delivered to the job site. The Contractor shall provide and maintain all temporary utility connections and distribution lines, and all meters required to measure the amount of each utility used.

As prescribed in 36.5100(d), insert the following clause:

5252.236-9305 AVAILABILITY OF UTILITIES (JUN 1994).

When available, the Government will furnish reasonable amounts of the following utilities for the work to be performed under this contract at no cost to the Contractor. Information concerning the location of existing outlets may be secured from the OIC. The Contractor shall provide and maintain, at his expense, the necessary service lines from existing Government outlets to the site of work.

Electric - Water - Compressed Air

Contractor Furnished Utilities. In the event that the Government is unable to provide the required types of utilities, the Contractor shall, at his expense, arrange for the required utilities.

Contractor Energy Conservation. The Contractor shall be directly responsible for instructing employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions which preclude the waste of utilities, which shall include:

2016 Edition 6

a. Lights shall be used only in areas where and at the time when work is actually being performed.

b. Mechanical equipment controls for heating, ventilation and air conditioning systems will not be adjusted by the workers.

c. Water faucets or valves shall be turned off after the required usage has been accomplished.

Telephone Lines. Telephone lines for the sole use of the contractor will not be available. Government telephones shall not be used for personal reasons.

Contractor Availability. The contractor shall maintain a telephone at which he or his representative may be reached 24 hours daily. The telephone shall be listed in the contractor's name. If the contractor does not have a local telephone, he shall maintain a toll free emergency telephone (or accept collect calls from authorized Government personnel) at which he or his representative may be reached at night, weekends and holidays. It is mandatory that the contractor or his representative be available to a toll- free telephone 24 hours per day, seven days per week, including holidays. He shall notify the OIC in writing of the mailing address and telephone number within three days after award of this contract and immediately thereafter in the event of change.

As prescribed in 36.609-100(c), insert the following clause:

5252.236-9307 DRAWINGS PREPARED BY AN ARCHITECT-ENGINEER (JUN

1994).

The engineer or architect signing the drawings must be registered in the country of record for the architect-engineer firm or the country of the proposed construction -- as a Professional Engineer (P.E.) or Registered Architect (R.A.). In addition, the drawings shall be signed by a responsible person of corporate status in the architect-engineer firm and stamped with his/her registration seal when the seal is authorized by the country where the project is to be constructed.

2016 Edition 7

As prescribed in 36.5100(f)(1), insert the following clause:

5252.236-9310 RECORD DRAWINGS - ALTERNATE II (OCT 2004).

The Contractor shall maintain at the job site two sets of full-size prints of the contract drawings, accurately marked in red with adequate dimensions, to show all variations between the construction actually provided and that indicated or specified in the contract documents, including buried or concealed construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the final government-accepted drawings.

Existing utility lines and features revealed during the course of construction, shall also be accurately located and dimensioned. Variations in the interior utility systems shall be clearly defined and dimensioned; and coordinated with exterior utility connections at the building five-foot line, where applicable. Existing topographic features which differ from those shown on the contract drawings shall also be accurately located and recorded. Where a choice of materials or methods is permitted herein, or where variations in scope or character of methods is permitted herein, or where variations in scope or character of work from that of the original contract are authorized, the drawings shall be marked to define the construction actually provided. The representations of such changes shall conform to standard drafting practice and shall include such supplementary notes, legends, and details as necessary to clearly portray the as-built construction.

These drawings shall be available for review by the Contracting Officer at all times. The Contractor shall deliver the marked up drawings to the Designer of Record who shall incorporate all as-built modifications into the electronic design drawings. Final payment shall not be made until the as-built electronic design drawings are delivered to the Contracting Officer.

As prescribed in 36.5100(g), insert the following clause:

5252.236-9312 DESIGN-BUILD CONTRACT – ORDER OF PRECEDENCE (AUG

2006).

(A) In the event of conflict or inconsistency between any of the below described portions of the conformed contract, precedence shall be given in the following order:

(1) Any portions of the proposal or final design that exceed the requirements of the solicitation.

(a) Any portion of the proposal that exceeds the final design.

(b) Any portion of the final design that exceeds the proposal.

(c) Where portions within either the proposal or the final design conflict, the portion that most exceeds the requirements of the solicitation has precedence.

(2) The requirements of the solicitation, in descending order or precedence:

(a) Standard Form 1442, Price Schedule, and Davis-Bacon Wage Rates.

(b) Part 1 – Contract Clauses.

(c) Part 2 – General Requirements.

(d) Part 3 – Project program Requirements.

(e) Part 6 – Attachments (excluding Concept Drawings).

(f) Part 5 – Prescriptive Specifications exclusive of performance specifications.

(g) Part 4- Performance Specifications exclusive of prescriptive specifications.

(h) Part 6 – Attachments (Concept Drawings).

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(B) Government review or approval of any portion of the proposal or final design shall not relieve the contractor from responsibility for errors or omissions with respect thereto.

As prescribed in 36.5100(i), insert the following clause:

5252.236-9313 DESIGN-BUILD CONTRACT – INCORPORATION OF DESIGNER OF

RECORD FINAL DESIGN (JUL 2008).

Upon Government receipt and acceptance of the Designer of Record signed and stamped final design submission for all work, a no-cost unilateral modification shall be issued to incorporate the final design into the contract.

If the Contractor is authorized to proceed with portions of the work prior to the completion of a final design for all work, a no-cost unilateral modification shall be issued for each Government accepted Designer of Record signed and stamped design submission for each portion of the work in order to incorporate that design submittal into the contract.

As prescribed in 42.570-100(a), insert the following clause:

5252.242-9300 GOVERNMENT REPRESENTATIVES (OCT 1996).

The contract will be administered by an authorized representative of the Contracting Officer. In no event, however, will any understanding or agreement, modification, change order, or other matter deviating from the terms of the contract between the Contractor and any person other than the Contracting Officer be effective or binding upon the Government, unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of this contract. The authorized representative as indicated hereinafter:

The Contracting Officer’s Representative (COR) will be designated by the Contracting Officer as the authorized representative of the Contracting Officer. The COR is responsible for monitoring performance and the technical management of the effort required hereunder, and should be contacted regarding questions or problems of a technical nature.

XX The designated Contract Specialist will be the Administrative Contracting Officer's representative on all other contract administrative matters. The Contract Specialist should be contacted regarding all matters pertaining to the contract or task/delivery orders.

XX The designated Property Administrator is the Administrative Contracting Officer's representative on property matters. The Property Administrator should be contacted regarding all matters pertaining to property administration.

2016 Edition 9

As prescribed in 42.570-100(b), insert the following clause:

5252.242-9305 PRE-PERFORMANCE CONFERENCE (JUL 1995).

Within 30 days of contract award, prior to commencement of the work, the Contractor will meet in conference with representatives of the Contracting Officer, at a time to be determined by the Contracting Officer, to discuss and develop mutual understanding relative to scheduling and administering work.

2016 Edition

Naval Facilities Acquisition Standards (NFAS)

February 2016 edition

2016 Edition 1

NAVAL FACILITIES ACQUISITION STANDARDS (NFAS)

2016 EDITION

19 February 2016

PART 1—FEDERAL ACQUISITION REGULATIONS SYSTEM

Subpart 1.1—Purpose, Authority, Issuance

1.101 Purpose

1.104 Applicability

1.170 Peer Reviews

Subpart 1.3—Agency Acquisition Regulations

1.304 Agency control and compliance procedures

1.304-100 Control of NAVFAC baseline clauses

Subpart 1.6—Career Development, Contracting Authority, and Responsibilities

1.601 General

1.601-90 Department of the Navy authorities and responsibilities 1.601-100 Grant officer authority

1.602 Contracting officers

1.602-1 Authority 1.602-1-100 Legal review 1.602-1-101 NAVFAC contract clause 1.602-2 Authorized representatives of the contracting officer 1.602-3 Ratification of unauthorized commitments

1.603 Selection, appointment, and termination of appointment

1.603-1 General 1.603-2 Selection 1.603-3 Appointment 1.603-4 Termination

1.690 Requirements to be met before entering into contracts

1.691 Procurement management oversight

1.691-2 Responsibilities 1.691-2-100 NAVFAC Procurement Management Assessment Program

(PMAP)

1.691-2-101 Internal Business Assessment

Subpart 1.7—Determinations and Findings

1.707 Signatory authority

PART 2—DEFINITION OF WORDS AND TERMS

Subpart 2.1—Definitions

2.101 Definitions

PART 3—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF

INTEREST (RESERVED)

PART 4--ADMINISTRATIVE MATTERS

2016 Edition 2

Subpart 4.8—Government Contract Files

4.804 Closeout of contract files

4.804-5 Procedures for closing out contract files

4.805 Storage, handling and disposal of contract files

PART 5—PUBLICIZING CONTRACT ACTIONS

Subpart 5.2—Synopses of Proposed Contract Actions

5.205 Special situations

5.207 Preparation and transmittal of synopses

Subpart 5.5—Paid Advertisements

5.502 Authority

PART 6—COMPETITION REQUIREMENTS

Subpart 6.3—Other Than Full and Open Competition 6.303-1-100 Bridge contract actions

6.304 Approval of the justification

6.304-100 Requirements for limiting competition under MAC task orders 6.304-101 Bridge Contract Action Approvals (Tripwires)

Subpart 6.4—Sealed Bidding and Competitive Proposals

6.401 Sealed bidding and competitive proposals

Subpart 6.5—Competition Advocates

6.501 Requirement

PART 7—ACQUISITION PLANNING

Subpart 7.1—Acquisition Plans

7.102 Policy

7.103 Agency-head responsibilities

7.105 Contents of written acquisition plans

Subpart 7.4—Equipment Lease or Purchase

7.470 Statutory requirements

PART 8—REQUIRED SOURCES OF SUPPLIES AND SERVICES

Subpart 8.4—Federal Supply Schedules

8.404 Use of Federal Supply Schedules

8.405-6 Limited sources justification and approval

Subpart 8.70—Coordinated Acquisition

8.7003 Applicability

8.7003-1 Assignments under integrated materiel management (IMM)

PART 9—CONTRACTOR QUALIFICATIONS

2016 Edition 3

Subpart 9.1—Responsible Prospective Contractors 9.104-5 Certification regarding responsibility matters

Subpart 9.5—Organizational and Consultant Conflicts of Interest

9.507 Solicitation provisions and contract clause

9.507-2 Contract clause

PART 10—MARKET RESEARCH

10.001 Policy

PART 11—DESCRIBING AGENCY NEEDS

11.002 Policy

Subpart 11.1—Selecting and Developing Requirements Documents

11.104 Use of brand name or equal purchase description

11.105-100 Proprietary specifications

11.106 Purchase descriptions for service contracts

Subpart 11.2—Using and Maintaining Requirements Documents

11.201 Identification and availability of specifications

11.201-100 Construction contract drawings and specifications 11.201-101 Collateral equipment

Subpart 11.4—Delivery or Performance Schedules

11.402 Factors to consider in establishing schedules

11.404 Contract clauses

11.404-100 NAVFAC contract clause

Subpart 11.5—Liquidated Damages

11.502 Procedures

Subpart 11.6—Priorities and Allocations

11.602 Policy

11.603 Background

11.604 Procedures

PART 12—ACQUISITION OF COMMERCIAL ITEMS (RESERVED)

PART 13—SIMPLIFIED ACQUISITION PROCEDURES

13.003 Policy

Subpart 13.2—Actions at or Below the Micro-Purchase Threshold

13.270 Use of the Governmentwide Commercial Purchase Card

Subpart 13.3—Simplified Acquisition Methods

13.301 Governmentwide Commercial Purchase Card

13.303 Blanket Purchase Agreements (BPAs)

PART 14—SEALED BIDDING

2016 Edition 4

Subpart 14.2—Solicitation of Bids

14.201 Preparation of invitations for bids

14.201-100 Bid items 14.201-6 Solicitation provisions 14.201-6-100 NAVFAC provisions

14.211 Release of acquisition information

Subpart 14.3—Submission of Bids

14.304 Submission, modification, and withdrawal of bids

Subpart 14.4—Opening of Bids and Award of Contract

14.402 Opening of bids

14.402-1 Unclassified bids

14.404 Rejection of bids

14.404-1 Cancellation of invitations after opening

14.405 Minor informalities or irregularities in bids

Subpart 14.5—Two-Step Sealed Bidding

14.502 Conditions for use

PART 15—CONTRACTING BY NEGOTIATION

Subpart 15.1—Source Selection Processes and Techniques 15.101-2 Lowest price technically acceptable source selection process

Subpart 15.2—Solicitation and Receipt of Proposals and Information

15.203 Requests for proposals

15.209 Solicitation provisions and contract clauses

15.209-100 NAVFAC provisions

Subpart 15.3—Source Selection

15.303 Responsibilities

15.304 Evaluation factors and significant subfactors

15.308 Source selection decision

15.308-100 Best Value Source Selection Premiums

15.371 Only one offer

15.371-1 Policy (Tripwire) 15.371-3 Fair and reasonable price

Subpart 15.4—Contract Pricing

15.403 Obtaining cost or pricing data

15.403-5 Instructions for submission of certified cost or pricing data and data other than certified cost or pricing data

15.404 Proposal analysis

15.404-1 Proposal analysis techniques 15.404-2 Information to support proposal analysis 15.404-4 Profit 15.404-73 Alternate structured approaches 15.404-73-100 Alternate structured approaches for construction contracts

2016 Edition 5

15.404-73-101 Alternate structured approaches for architect-engineer contracts 15.404-76 Reporting profit and fee statistics

Subpart 15.6—Unsolicited Proposals

15.606 Agency procedures

PART 16—TYPES OF CONTRACTS

Subpart 16.2—Fixed-Price Contracts

16.203 Fixed-price contracts with economic price adjustment

16.203-4 Contract clauses 16.203-4-100 NAVFAC contract clauses

Subpart 16.3—Cost-Reimbursement Contracts

16.302 Cost Contracts

16.306 Cost-plus-fixed-fee contracts

Subpart 16.4—Incentive Contracts

16.404 Fixed-price contracts with award fees

16.405-2 Cost-plus-award fee

16.406 Contract clauses

16.406-100 NAVFAC contract clause

Subpart 16.5—Indefinite Delivery Contracts

16.503 Requirements contracts

16.504 Indefinite-quantity contracts

16.504-90 Limitation on single award task or delivery order contracts valued at or below $103M 16.504-100 Architect-engineer indefinite quantity contracts 16.504-101 Facilities support indefinite quantity contracts 16.504-103 DOD EMALL contracts

16.505 Ordering

16.505-70 Orders under multiple award contracts

16.506 Solicitation provisions and contract clauses

16.506-100 NAVFAC contract clauses

Subpart 16.6—Time-and-Materials, Labor Hour, and Letter Contracts

16.601 Time-and-materials contracts

16.602 Labor hour contracts

PART 17—SPECIAL CONTRACTING METHODS

Subpart 17.2—Options

17.202 Use of options

17.202-100 Use of options in construction contracts 17.202-101 Use of options in facilities support contracts 17.202-102 Use of options in architect-engineer contracts

17.204 Contracts

17.207 Exercise of options

17.208 Solicitation provisions and contract clauses

2016 Edition 6

17.208-100 NAVFAC contract clauses

Subpart 17.5—Interagency and Intra-agency Acquisitions 17.500-100 Scope of subpart 17.502-1 General 17.502-2 Determinations and findings requirements

Subpart 17.74—Undefinitized Contract Actions

17.7403 Policy

17.7403-100 Management of undefinitized contract actions (UCAs)

17.7404 Limitations

17.7404-1 Authorization 17.7404-2 Price ceiling 17.7404-4 Limitations on obligations

PART 18 (RESERVED)

PART 19—SMALL BUSINESS PROGRAMS

Subpart 19.5—Set-Asides for Small Business

19.502 Setting aside acquisitions

19.502-1 Requirements for setting aside acquisitions

19.505 Rejecting Small Business Administration recommendations

Subpart 19.7—The Small Business Subcontracting Program

19.702 Statutory requirements

19.703 Eligibility requirements for participating in the program

19.704 Subcontracting plan requirements

Subpart 19.8—Contracting with the Small Business Administration (The 8(a) Program)

19.803 Selecting acquisitions for the 8(a) program

19.805 Competitive 8(a)

19.805-1 General

PART 20—LABOR SURPLUS AREA CONCERNS (RESERVED)

PART 21 (RESERVED)

PART 22—APPLICATION OF LABOR LAWS TO GOVERNMENT

ACQUISITIONS

Subpart 22.1—Basic Labor Policies

22.101 Labor relations

Subpart 22.3—Contract Work Hours and Safety Standards

22.305 Contract clause

Subpart 22.4—Labor Standards for Contracts Involving Construction

2016 Edition 7

22.406 Administration and enforcement

22.406-13 Semiannual enforcement reports

Subpart 22.5—Use of Project Labor Agreements for Federal Construction Projects

22.503 Policy

Subpart 22.10—Service Contract Labor Standards

22.1006 Contract clauses

22.1006-100 NAVFAC contract clause

PART 23—ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY,

AND DRUG-FREE WORKPLACE

Subpart 23.100—Contract Clauses

23.1000 NAVFAC contract clauses

PART 24—PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION

Subpart 24.2—FREEDOM OF INFORMATION ACT

24.203 Policy

PART 25—FOREIGN ACQUISITION

Subpart 25.1—Buy American Act—Supplies

25.103 Exceptions

Subpart 25.2—Buy American Act—Construction Materials

25.202 Exceptions

Subpart 25.75—Balance of Payments Program

25.7500 Policy

PART 26—OTHER SOCIOECONOMIC PROGRAMS (RESERVED)

PART 27—PATENTS, DATA, AND COPYRIGHTS (RESERVED)

PART 28—BONDS AND INSURANCE

Subpart 28.1—Bonds and Other Financial Protections

28.101 Bid guarantees

28.101-1 Policy on use 28.101-2 Solicitation provision or contract clause 28.101-2-100 NAVFAC provisions or contract clauses

28.102 Performance and payment bonds and alternative payment

protections for construction contracts 28.102-1 General 28.102-100 Performance and payment bonds for Multiple Award Contracts 28.102-3 Contract clauses 28.102-3-100 NAVFAC contract clause

2016 Edition 8

28.103 Performance and payment bonds for other than

construction contracts 28.103-1 General 28.103-2 Bonds or other security for dismantling, demolition or removal of improvements

28.106 Administration

28.106-2 Substitution of surety bonds

Subpart 28.2—Sureties and Other Security for Bonds

28.203 Acceptability of individual sureties

28.203-100 NAVFAC provision

Subpart 28.3—Insurance

28.306 Insurance under fixed-price contracts

PART 29—TAXES

Subpart 29.4—Contract Clauses

29.402 Foreign contracts

29.402-100 NAVFAC contract clauses

PART 30—COST ACCOUNTING STANDARDS ADMINISTRATION

(RESERVED)

PART 31—CONTRACT COST PRINCIPLES AND PROCEDURES

(RESERVED)

PART 32—CONTRACT FINANCING

Subpart 32.1—Non-Commercial Item Purchase Financing

32.111 Contract clauses for non-commercial purchases

32.111-100 NAVFAC contract clauses

32.112 Nonpayment of subcontractors under contracts for

non-commercial items 32.112-1 Subcontractor assertions of nonpayment

Subpart 32.6—Contract Debts

32.610 Demand for payment of contract debt

32.613 Deferment of collection

Subpart 32.7—Contract Funding

32.702 Policy

Subpart 32.8—Assignment of Claims

32.803 Policies

32.805 Procedure

Subpart 32.11—Final Payment

2016 Edition 9

32.1100 Final payment for construction and architect-engineer contracts

Subpart 32.70— REMOVED.

PART 33—PROTESTS, DISPUTES AND APPEALS

Subpart 33.1—Protests

33.102 General

33.103 Protests to the agency

33.104 Protests to GAO

33.170 Briefing requirement for protested acquisitions valued at $1billion or more

Subpart 33.2—Disputes and Appeals

33.211 Contracting officer’s decision

33.214 Alternative dispute resolution (ADR)

33.214-100 Disputes resolution board (DRB)

33.2100 Remand by NAVFAC for settlement by negotiation

Subpart 33.90—Procedures

33.9001 Claims approval requirements

PART 34—MAJOR SYSTEM ACQUISITION (RESERVED)

PART 35—RESEARCH AND DEVELOPMENT CONTRACTING (RESERVED)

PART 36—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

Subpart 36.2—Special Aspects of Contracting for Construction

36.201 Evaluation of contractor performance

36.202 Construction Specification Institute (CSI) format

36.205 Statutory cost limitations

36.207 Pricing fixed-price construction contracts

36.213 Special procedures for sealed bidding in construction

contracting 36.213-3 Invitations for bids 36.213-3-101 Budgeted amount 36.213-70 Additive or deductive items

36.215 Special procedure for cost-reimbursement contracts for construction

36.2100 Environmental remedial action contracts

36.2101 [Removed and Reserved]

36.2102 Non-appropriated funded (NAF) contract

Subpart 36.3—Two-Phase Design-Build Selection Procedures 36.303-1-100 Phase One

Subpart 36.5—Contract Clauses

2016 Edition 10

36.5100 NAVFAC provision and contract clauses

Subpart 36.6—Architect-Engineer Services

36.601 Policy

36.601-3 Applicable contracting procedures 36.601-3-100 Indefinite quantity architect-engineer contracts

36.602 Selection of firms for architect-engineer contracts

36.602-1 Selection criteria 36.602-2 Evaluation boards 36.602-3 Evaluation board recommendations 36.602-4 Selection authority 36.602-5 Short selection process for contracts not to exceed the simplified acquisition threshold

36.604 Performance evaluation

36.605 Government cost estimate for architect-engineer work

36.606 Negotiations

36.607 Release of information on firm selection

36.608 Liability for Government costs resulting from design errors or deficiencies

36.609 Contract clauses

36.609-100 NAVFAC contract clauses

36.6100 Inspection services

PART 37—SERVICE CONTRACTING

Subpart 37.1—Service Contracts—General

37.110 Solicitation provisions and contract clauses

37.170 Approval of contracts and task orders for services

37.170-100 Labor Rates and Performance (Tripwire)

Subpart 37.2—Advisory and Assistance Services

37.203 Policy

37.203-100 Required approval

37.204 Guidelines for determining availability of personnel

Subpart 37.3—Dismantling, Demolition or Removal of Improvements

37.302 Bonds or other security

Subpart 37.5—Management Oversight of Service Contracts

37.504 Contracting Officer’s Responsibilities

Subpart 37.100—Facilities Support Contracting

37.1000 Contract format

37.1001 Schedule of deductions

37.1002 Evaluation of contractor performance

37.1003 Solicitation provision and contract clauses

Subpart 37.101—Forestry Contracting

37.1010 NAVFAC policy

2016 Edition 11

Subpart 37.3100—Dismantling, Demolition, or Removal of Improvements

37.3100 NAVFAC policy

PART 38—FEDERAL SUPPLY SCHEDULE CONTRACTING (RESERVED)

PART 39—ACQUISITION OF INFORMATION TECHNOLOGY

39.002 Definitions

Subpart 39.1—General

39.101 Policy

PART 40—(RESERVED)

PART 41—ACQUISITION OF UTILITY SERVICES

Subpart 41.1—General

41.102 Applicability

41.103 Statutory and delegated authority

Subpart 41.2—Acquiring Utility Services

41.201 Policy

41.202 Procedures

Subpart 41.4—Administration

41.401 Monthly and annual review

41.4100 Contract Records

PART 42—CONTRACT ADMINISTRATION AND AUDIT SERVICES

Subpart 42.2—Contract Administration Services

42.202 Assignment of contract administration

42.202-100 Contracting officer’s representatives

Subpart 42.5—Postaward Orientation

42.570 Contract clauses

42.570-100 NAVFAC contract clauses

Subpart 42.12—Novation and Change-of-Name Agreements

42.1202 Responsibility for executing agreements

Subpart 42.15—Contractor Performance Information

42.1503 Procedures

42.1503-100 Preparation and use of contractor performance evaluation reports

PART 43—CONTRACT MODIFICATIONS

Subpart 43.1—General

43.102 Policy

43.102-100 Execution of modifications

2016 Edition 12

Subpart 43.2—Change Orders

43.201 General

43.201-100 Policy

PART 44—SUBCONTRACTING POLICIES AND PROCEDURES

Subpart 44.2—Consent to Subcontracts

44.202 Contracting officer’s evaluation

44.202-1 Responsibilities 44.202-1-100 Post Award Subcontractor Changes (Tripwire)

PART 45—GOVERNMENT PROPERTY

Subpart 45.1—General

45.106 Government property clauses

45.106-100 NAVFAC contract clauses

Subpart 45.70—Appointment of Property Administrators and Plant Clearance Officers

45.7001 Selection, appointment and termination

PART 46—QUALITY ASSURANCE

Subpart 46.1—General

46.104 Contract administration office responsibilities

Subpart 46.2—Contract Quality Requirements

46.202 Types of contract quality requirements

46.202-2 Government reliance on inspection by contractor 46.202-2-100 Construction Surveillance and Inspection (Title II) Services

Subpart 46.4—Government Contract Quality Assurance

46.407 Non-conforming supplies or services

46.407-100 NAVFAC contract clauses

46.4100 NAVFAC contract quality assurance requirements

Subpart 46.7—Warranties

46.704 Authority for use of warranties

PART 47—TRANSPORTATION

Subpart 47.5—Ocean Transportation by U.S.-Flag Vessels

47.574 Solicitation provisions and contract clauses

PART 48—VALUE ENGINEERING

Subpart 48.2—Contract Clauses

48.201 Clauses for supply or service contracts

2016 Edition 13

PART 49—TERMINATION OF CONTRACTS

Subpart 49.1—General Principles

49.101 Authorities and responsibilities

49.101-100 Reporting requirements

Subpart 49.4—Termination for Default

49.402 Termination of fixed-price contracts for default

49.402-3 Procedure for default 49.402-8 Reporting information

49.403 Termination of cost-reimbursement contracts for default

49.405 Completion by another contractor

49.405-100 Four-party agreement

Subpart 49.70—Special Termination Requirements

49.7001 Congressional notification on significant contract terminations

PART 50—EXTRAORDINARY CONTRACTUAL ACTIONS (RESERVED)

PART 51—USE OF GOVERNMENT SOURCES BY CONTRACTORS

(RESERVED)

PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 52.1—Instructions for Using Provisions and Clauses

52.101 Using Part 52

Subpart 52.2—Texts of Provisions and Clauses

52.200 Scope of subpart

5252.201-9300 Contracting Officer Authority 5252.209-9300 Organizational Conflicts of Interest 5252.211-9301 Phased Construction Schedule 5252.214-9300 Basis for Award 5252.214-9301 Notice to Bidders 5252.215-9300 Content of Proposals 5252.215-9301 Multiple Proposals 5252.215-9302 Number of Copies/Time of Receipt 5252.216-9300 Appointment of Ordering Officer(s) 5252.216-9301 Task Order Terms and Conditions [Architect-Engineer Indefinite-Quantity Contracts] 5252.216-9302 Indefinite Quantity 5252.216-9303 Minimum and Maximum Fees [Architect-Engineer Indefinite-Quantity (Contracts] 5252.216-9305 Task Order Procedures [Architect-Engineer Indefinite-Quantity Contracts] 5252.216-9306 Procedures for Issuing Orders 5252.216-9307 Price Revision 5252.216-9314 Economic Price Adjustment For Changes in Landfill/Disposal Fees

2016 Edition 14

5252.216-9315 Award Fee 5252.216-9316 Undefinitized Task/Delivery Orders 5252.217-9300 Option to Extend the Term of the Contract [Architect-Engineer Indefinite-Quantity Contract] 5252.217-9301 Option to Extend the Term of the Contract - Services 5252.222-9305 Work Performed By Individual Assigned Categories 5252.223-9300 Inspection By Regulatory Agencies 5252.223-9301 Wildlife Preservation 5252.228-9300 Individual Surety/Sureties 5252.228-9302 Bid Guarantee 5252.228-9305 Notice of Bonding Requirements 5252.228-9306 Performance Guarantee 5252.229-9302 Consumption Tax Exemption Procedures on Purchase of Goods and Services by the United States Armed Forces in Japan [Japanese Law No. 08, 1988] 5252.229-9304 Tax Relief 5252.232-9300 Contractor Accounting System--Segregation of Costs 5252.236-9300 Limitations on Authority of Architect-Engineer 5252.236-9301 Special Working Conditions and Entry to Work Area 5252.236-9302 Architect-Engineer Contracts for Consultation and Advice 5252.236-9303 Accident Prevention 5252.236-9304 Utilities for Construction and Testing 5252.236-9305 Availability of Utilities 5252.236-9307 Drawings Prepared by an Architect-Engineer 5252.236-9308 Information Concerning Cost Limitations 5252.236-9309 Key Personnel 5252.236-9310 Record Drawings 5252.236-9312 Design-Build Contract – Order of Precedence 5252.236-9313 Design-Build Contract – Incorporation of Designer-of-Record Final Design (JUL 2008) 5252.237-9300 Schedule of Deductions 5252.237-9301 Substitutions of Key Personnel 5252.237-9302 Site Visit 5252.242-9300 Government Representatives 5252.242-9305 Pre-Performance Conference 5252.245-9300 Government-Furnished Property, Materials and Services 5252.245-9302 Limited Assumption of Risk by Government 5252.246-9303 Consequences of Contractor’s Failure to Perform Required Services 5252.246-9304 Estimating the Price of Nonperformed or Unsatisfactory Work 5252.248-1 Value Engineering (MAR 1989)(NAVFAC DEVIATION

NOV 1998)

PART 53—FORMS

Subpart 53.2—Prescription of Forms

53.200 Scope of subpart

Subpart 53.3—Illustration of Forms

53.300 Scope of subpart

2016 Edition 15

APPENDIX A—NAVFAC REPORTING REQUIREMENTS

Report Matrix Special Reporting Formats

APPENDIX B—NAVFAC SUBJECT MATTER EXPERT AND E-BUSINESS CONTACT

LIST

2016 Edition 16

NAVAL FACILITIES ACQUISITION STANDARDS (NFAS)

2016 EDITION

PART 1

FEDERAL ACQUISITION REGULATION SYSTEM

SUBPART 1.1—PURPOSE, AUTHORITY, ISSUANCE

1.101 (NMCARS) Purpose.

(a) The Naval Facilities Engineering Command’s (NAVFAC) Naval Facilities Acquisition Standards (NFAS) provide general guidance to field contracting officers in the execution of their delegated authority.

(b) The NFAS implements or supplements the Federal Acquisition Regulation (FAR), the Defense Federal Acquisition Regulation Supplement (DFARS) and the Navy Marine Corps Acquisition Regulations Supplement (NMCARS). It is not a stand-alone document, but must be read together with the FAR, DFARS, and NMCARS.

(c) To the extent possible, the NFAS coverage parallels the FAR in format, arrangement and numbering system. However, subdivisions below the section and subsection levels may not always correlate directly to the FAR designated paragraphs and subparagraphs. A DFARS or NMCARS cite in parentheses immediately after the NFAS cite means related coverage is contained in the DFARS or NMCARS (e.g., 1.104 (NMCARS). Numbered divisions of this manual with a suffix in the “100” series (e.g., 1.105-2-100) contain subject matter related to but not contained in a FAR, DFARS, or NMCARS numbered division. Omission from the NFAS of a subpart, section or subsection, which appears in the FAR, DFARS, or NMCARS denotes that there is no additional coverage in the NFAS.

(d) The NFAS and other NAVFAC procurement policy and guidance are available electronically via the ACQ Online website. Hard copies may only be obtained by downloading the NFAS since individual hard copy distribution will not be made. Updates to the NFAS will be posted to the ACQ Online website. Each update will include an effective date.

(e) The NFAS is maintained by the appropriate Echelon II Division Director.

Proposed changes to or deviations from the NFAS along with rationale for the changes or deviations shall be coordinated with your local chain of command and submitted to

NAVFAC.

1.104 (NMCARS) Applicability.

The NFAS applies to all NAVFAC activities in the same manner and to the same extent as specified in FAR 1.104, DFARS 201.104, and NMCARS 5201.104.

https://portal.navfac.navy.mil/portal/page?_pageid=878,1&_dad=portal&_schema=PORTAL

2016 Edition 17

1.170 (NMCARS) Peer Reviews.

(a) Peer Reviews (PRs) shall be conducted for service (includes Environmental, Construction, and A-E) solicitations and contracts (including task/delivery orders) of $50M or more, including options, in accordance with NMCARS 5201.170 and NMCARS Annex 8. PRs shall be conducted using the procedures at DFARS PGI 201.170. For multiple award contracts, one PR shall apply for all resulting contracts.

(b) Peer Review authority and thresholds are as follows:

Type of Action

Threshold (Base plus all Options)

Review Level

Peer Review Authority

Services, Environmental, Construction, & A-E*

$50M to <$250M Ech III Ech IV

Ech III CCO Ech IV CCO

$250M to <$500M for Sole Source** $250M to <$1B for Competitive

DoN DASN(AP)

$500M or more for Sole Source** $1B or more for Competitive

OSD DPAP

Supplies

$50M to <$500M for Sole Source** $50M to <$1B for Competitive

Ech III Ech IV

Ech III CCO Ech IV CCO

$500M or more for Sole Source** $1B or more for Competitive

OSD DPAP

DoN Special Interest

Identified by the Peer Review Authority as “Special Interest” or referred from the Contracting Activity

DoN DASN(AP)

DoD Special Interest Identified by OSD as “Special Interest”

OSD DPAP

*Note: A-E actions shall utilize the two phase Peer Review process; Phase I prior to negotiations (including selection report) and Phase II prior to award.

**Note: This sole source threshold is applicable for Peer Review only. See NFAS 6.3 for approval of the J&A for a sole source acquisition.

(c) The Chief of the Contracting Office (CCO) as the PR Authority (PRA) will:

(i) Identify the PR Leader; designate the Team; facilitate the pre-award and post-award PR; and oversee the PR process and ensure completion of reviews. The PRA shall not be re-delegated. This review shall be performed by a senior level contracting

2016 Edition 18 official, and be independent of the SSA and the contracting officer whose procurement is the subject of the review.

(ii) Prepare a PR Report of Findings and Recommendations for each phase.

(d) When DASN/DPAP is the PRA, the CCO will:

(i) Identify the Senior-Level Review (SLR) Team Leader; designate the Team;

facilitate the pre-award and post-award SLR; and oversee the review process and ensure completion of reviews.

(ii) Prepare and endorse a SLR Report for each phase.

(iii) Submit the SLR Report to appropriate Echelon II Division Director as part of the review package.

(e) Within 10 working days from the receipt of the PR report, the contracting officer shall prepare a Disposition Memorandum (DM) containing the PRA’s recommendations and the disposition of those recommendations. The contracting officer shall maintain a copy of the DM in the file and provide a copy to the PRA. When DASN or DPAP is the PRA, the CCO shall endorse the DM and forward to the appropriate Echelon II Division Director.

(f) DoD templates with suggested questions for each PR phase, as well as other resources, are provided at the following website:

http://www.acq.osd.mil/dpap/cpic/cp/peer_reviews.html

(g) By the 15th day of each month, Echelon III shall submit the PR Rolling Forecast Report for their area of responsibility to the Echelon II People, Process and Policy Director.

SUBPART 1.3—AGENCY ACQUISITION REGULATIONS

1.304 Agency control and compliance procedures.

1.304-100 (NMCARS) Control of NAVFAC baseline clauses.

Only COMNAVFACENGCOM approved provisions and clauses shall be used in solicitations and contracts. No other provisions or clauses other than those prescribed by FAR, DFARS, NMCARS, or the NFAS may be used without following the procedures at NMCARS 5201.304 and Annex 7 DoN Control Plan for Component Clauses and Commercial Item Acquisitions Provision/Clause Use.

SUBPART 1.6—CAREER DEVELOPMENT, CONTRACTING AUTHORITY,

AND RESPONSIBILITIES

1.601 (NMCARS) General.

(a) NAVFACENGCOM (Echelon II) contracting authority is delegated by

COMNAVFACENGCOM to Echelon III Commanders/Commanding Officer. Any or all http://www.acq.osd.mil/dpap/cpic/cp/peer_reviews.html

2016 Edition 19 authority may be re-delegated to an Echelon III Commander/Commanding Officer unless restricted by a provision contained in this standard. Echelon III Commanders may delegate to Echelon IV Commanding Officers unless otherwise restricted.

(b) Echelon III CCOs shall oversee and monitor the contractual procedures, performance, and staffing of field level contracting offices under their cognizance.

(c) An Echelon III or IV CCO may designate an individual to act on their behalf and make any necessary determinations or take any actions that are reserved for the CCO, unless otherwise restricted by a…