FA5575-16-B-0003_RPR_Ave_D_P3.pdf

F3N7A06159A001

Project QUUG 10-1009PH3, Repair D Ave Phase 3, Moron Air Base, Spain.

The magnitude of this project is betw een $250,000 and $500,000 U.S. Dollars. This is furnished for the convinience of prospective contractors. The actual extent of w ork requirements w ill be governed by the specif ications and draw ings. Bids w ill be evaluated according to the criteria in Section M, Evaluation factors for aw ard.

A pre-proposal Conference / Site Visit w ill be held 7 July 16, 10:00 hours local time, in the Contracting Conference room, bldg 106. Bids must be received by the Contracting Officer no later than 10:30 hours local time on 26 July 16. Bids submitted by facsimile w ill NOT be accepted.

IN ACCORDANCE WITH THE OFFICE OF DEFENSE COOPERATION POLICY DIRECTIVE 400-5 "(4) SPANISH MATERIAL, LABOR AND EQUIPMENT

MUST BE USED IF PERMITTED BY THE REQUIREMENTS OF THE CONTRACT SPECIFICATIONS."

Notice to Offerors: Funds are not presently available for this effort. No aw ard w ill be made under this solicitation until funds are available. The

Government reserves the right to cancel this solicitation, either before or after the closing date for receipt of bids. In the event the

Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

X

ELIA M. PORTZ 722-8017

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

24-Jun-2016

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________240 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________26 Jul 2016 (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 _______150 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

496 ABS/LGC (FA5575)

APARTADO 221

41530 MORON

SEVILLA

FA5575

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:30 AM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

(34) 95 848 054FAX:TEL: (34) 955 848 076 TEL: FAX:

FA5575-16-B-0004 34

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

FA5575-16-B-0004

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Repair D Avenue PH3 Provide labor, manag

FFP

Repair D Avenue PH3 Provide labor, management, supervision, material and equipment necessary to Repair D Avenue PH3 in accordance with project Quug 10-

1009PH Rpr D Avenue PH3. Budget rate: $0.9049 Contract performance period

240 calendar days after receipt of Notice to Proceed.

FOB: Destination

PURCHASE REQUEST NUMBER: F3N7A06159A001

NET AMT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

CLAUSES INCORPORATED BY FULL TEXT

252.229-7004 STATUS OF CONTRACTOR AS A DIRECTOR CONTRACT (SPAIN) (JUN 1997)

(a) “Direct Contractor,” as used in this clause, means an individual, company, or entity with whom an agency of the

United States Department of Defense has executed a written agreement that allows duty-free import of equipment, materials, and supplies into Spain for the construction, development, maintenance, and operation of Spanish-

American installations and facilities.

(b) The Contractor is hereby designated as a Direct Contractor under the provisions of Complementary Agreement 5, articles 11, 14, 15, 17, and 18 of the Agreement on Friendship, Defense and Cooperation between the United States

Government and the Kingdom of Spain, dated July 2, 1982. The Agreement relates to contacts to be performed in whole or part in Spain, the provisions of which are hereby incorporated into and made a part of this contract by reference.

(c) The Contractor shall apply to the appropriate Spanish authorities for approval of status as a Direct Contractor in order to complete duty-free import of non-Spanish equipment, materials, and supplies represented as necessary for contract performance by the Contracting Officer. Orders for equipment, materials, and supplies placed prior to official notification of such approval shall be at the Contractor's own risk. The Contractor must submit its documentation in sufficient time to permit processing by the appropriate United States and Spanish Government agencies prior to the arrival of the equipment, material, or supplies in Spain. Seasonal variations in processing times are common, and the Contractor should program its projects accordingly. Any delay or expense arising directly or indirectly from this process shall not excuse untimely performance (except as expressly allowed in other provisions of this contract), constitute a direct or constructive change, or otherwise provide a basis for additional compensation or adjustment of any kind.

(d) To ensure that all duty-free imports are properly accounted for, exported, or disposed of, in accordance with

Spanish law, the Contractor shall obtain a written bank letter of guaranty payable to the Treasurer of the United

States, or such other authority as may be designated by the Contracting Officer, in the amount set forth in paragraph

(g) of this clause, prior to effecting any duty-free imports for the performance of this contract.

(e) If the Contractor fails to obtain the required guaranty, the Contractor agrees that the Contracting Officer may withhold a portion of the contract payments in order to establish a fund in the amount set forth in paragraph (g) of this clause. The fund shall be used for the payment of import taxes in the event that the Contractor fails to properly account for, export, or dispose of equipment, materials, or supplies imported on a duty-free basis.

(f) The amount of the bank letter of guaranty or size of the fund required under paragraph (d) or (e) of this clause normally shall be 5 percent of the contract value. However, if the Contractor demonstrates to the Contracting

Officer's satisfaction that the amount retained by the United States Government or guaranteed by the bank is excessive, the amount shall be reduced to an amount commensurate with contingent import tax and duty-free liability. This bank guaranty or fund shall not be released to the Contractor until the Spanish General Directorate of

Customs verifies the accounting, export, or disposition of the equipment, material, or supplies imported on a duty-free basis.

(g) The amount required under paragraph (d), (e), or (f) of this clause is 10%.

(h) The Contractor agrees to insert the provisions of this clause, including this paragraph (h), in all subcontracts.

(End of clause)

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

(a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement.

(b) Contractor submission of the material inspection and receiving information required by Appendix F of the

Defense FAR Supplement by using the Wide Area WorkFlow (WAWF) electronic form (see paragraph (b) of the clause at 252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 250 dys. ADC 1 496 ABS/CE (F3N7A0)

APARTADO 221

BASE AEREA DE MORON 41530

FOB: Destination

F3N7A0

52.211-13 Time Extensions SEP 2000

52.247-34 F.O.B. Destination NOV 1991

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 240 calendar days after receipt of Notice to Proceed. * The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of 616.93 Euros for the first day of delay and 486.13 Euros for each calendar day thereafter of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

Section G - Contract Administration Data

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(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 Invoice

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in

WAWF, as specified by the contracting officer.

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

Pay Official DoDAAC F78900

Issue By DoDAAC FA5575

Admin DoDAAC FA5575

Inspect By DoDAAC F3N7A0

Ship To Code F3N7A0

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(4) 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.

496abs.lgc.contractorsupport@us.af.mil

(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.

Not Applicable

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

mailto:496abs.lgc.contractorsupport@us.af.mil

Section H - Special Contract Requirements

BANK LETTER OF GUARANTEE

Within ten (10) calendar days after the date of contract award, the Contractor shall furnish the Contracting Officer a

Bank Letter of Guarantee for the performance of the work in the amount specified below. Failure to furnish the letter of guarantee will be considered nonconforming and the contract may be terminated for default in accordance with

FAR 52.249-10 in Section I.

Amount of Contract Bank Letter

Under $100,000.00 None

(or Euro equivalent)

$100,000.00 - $500,000.00 12% of award amount

(or Euro equivalent)

$500,000.00 and over 10% of award amount

(or Euro equivalent)

The Bank Letter of Guarantee will be dated as of the contract date or as soon thereafter as possible. The Bank Letter of Guarantee shall state that a guarantee has been issued against the awarded contract and that the following conditions are in force.

1. When presented by a representative of the U.S. Government against debts due, redemption cannot be contested.

2. The value of the guarantee is to be cited in Euros.

3. The Bank Letter of Guarantee shall also state that the bank agrees and consents that the contract may be modified by change order or supplemental agreement without affecting the validity of the

Bank Letter of Guarantee. The Contracting Officer will not issue the Notice to Proceed until approval and acceptance of the Bank Letter of Guarantee.

The Bank Letter of Guarantee will continue in effect throughout the performance period. During the warranty period an amount equal to 10% of the original contract price shall be applicable.

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

52.203-17 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

52.204-6 Data Universal Numbering System Number JUL 2013

52.204-7 System for Award Management JUL 2013

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

OCT 2015

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

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986

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

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.223-19 Compliance with Environmental Management Systems MAY 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-18 Availability Of Funds APR 1984

52.232-23 Assignment Of Claims MAY 2014

52.232-25 Prompt Payment JUL 2013

52.232-27 Prompt Payment for Construction Contracts MAY 2014

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.233-1 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

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

APR 1984

52.236-26 Preconstruction Conference FEB 1995

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.243-4 Changes JUN 2007

52.246-13 Inspection--Dismantling, Demolition, or Removal of

Improvements

AUG 1996

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering-Construction OCT 2015

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

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

252.203-7000 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

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.215-7008 Only One Offer OCT 2013

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

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

252.225-7041 Correspondence in English JUN 1997

252.225-7042 Authorization to Perform APR 2003

252.228-7006 Compliance With Spanish Laws and Insurance DEC 1998

252.229-7005 Tax Exemptions (Spain) MAR 2012

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

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.247-7023 Transportation of Supplies by Sea APR 2014

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 75% percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting

Officer determines that the reduction would be to the advantage of the Government.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://farsite.hill.af.mil

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of Defense Federal Acquisition Regulation (48 CFR

Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

252.222-7004 COMPLIANCE WITH SPANISH SOCIAL SECURITY LAWS AND REGULATIONS (JUNE

1997)

(a) The Contractor shall comply with all Spanish Government social security laws and regulations. Within 30 calendar days after the start of contract performance, the Contractor shall ensure that copies of the documents identified in paragraph (a)(1) through (a)(5) of this clause are available at all reasonable times for inspection by the

Contracting Officer or an authorized representative. The Contractor shall retain the records in accordance with the

Audit and Records clause of this contract.

(1) TC1--Certificate of Social Security Payments;

(2) TC2--List of Employees;

(3) TC2/1--Certificate of Social Security Payments for Trainees;

(4) Nominal (pay statements) signed by both the employee and the Contractor; and

(5) Informa de Situacion de Empressa (Report of the Condition of the Enterprise) from the Ministerio de Trabajo y

S.S., Tesoreria General de la Seguridad Social (annotated with the pertinent contract number(s) next to the employee's name).

(b) All TC1's, TC2's, and TC2/1's shall contain a representation that they have been paid by either the Social Security

Administration office or the Contractor's bank or savings institution. Failure by the Contractor to comply with the requirements of this clause may result in termination of the contract under the clause of the contract entitled

``Default.''

252.229-7001 TAX RELIEF (SEPT 2014)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: IVA RATE (PERCENTAGE): 21%

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The

Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

See section J.

5352.201-9101 OMBUDSMAN (JUN 2016)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Primary:

Mr. Douglas Guldan

AFICA/KU, UNIT 3103, APO, AE 09094-3103

AFICA/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany

E-mail: douglas.guldan@us.af.mil

Tel: DSN: (314)480-2209 Fax: (49)-6731-47-2025

Alternate:

Ms. Heidi Hoehn

AFICA/KU, UNIT 3103, APO, AE 09094-3103

AFICA/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany

E-mail: heidi.hoehn.de@us.af.mil

Tel: DSN: (314)480-9330 Fax: (49)-6731-47-2025

Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC

20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

As prescribed in 5323.804-90, insert the following clause in solicitations and contracts:

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/affars/5323.htm#p5323804

ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS)

(NOV 2012)

(a) Contractors shall not:

(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or

(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.

[Note: This prohibition does not apply to manufacturing.]

(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-

217, and the blends R-500, R-501, R-502, and R-503; and

(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]

As prescribed at 5328.310-90, insert the following clause in solicitations and contracts:

INSURANCE CERTIFICATE REQUIREMENT IN SPAIN (USAFE) (OCT 2012)

(a) Below follows the Insurance Certificate required for any Third Country National (TCN) contractor, other than U.S. or Spanish, required for use under this contract. The certificate is provided to standardize base access procedures. It must be completed and signed by the policyholder and the insurer.

http://static.e-publishing.af.mil/production/1/af_a4_7/publication/afi32-7086/afi32-7086.pdf http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/affars/5328.310-90

(b) The amount of coverage minimum is 90,151.82 Euros per insured party (personal injury), 60,101.21 Euros per accident (property damage), and 6, 010.12 Euros security deposit for legal fees. In all cases the amount of coverage, if different from the above amounts, will be determined by the insurer, except in situations where the minimum coverage applies.

(c) The request for base access and the insurance certificate should be processed in accordance with DoD Foreign Clearance Guide instructions for Spain.

(d) Complete the following certification:

INSURANCE CERTIFICATION

CERTIFICATE OF INSURANCE COVERAGE OF THE CIVIL LIABILITY REFERRED TO

UNDER ARTICLE 5 OF ANNEX 6 TO THE AGREEMENT BETWEEN THE KINGDOM OF

SPAIN AND THE UNITED STATES OF AMERICA ON COOPERATION FOR THE

DEFENSE, SIGNED THE 1st OF DECEMBER 1988.

The insurance Company _______________________________________________ with legal domicile in _______________________________________________________________

Tel: __________________________ of Spanish/US nationality, registered in the Mercantile Registry of_______________________________________

Date:____________________, Number________, Book:_______, Section _____, Volume________, Page_______.

CERTIFIES

That Mr./Mrs. ____________________of_____________________ nationality, with passport number_______________, has contracted with this company Policy Number _____________ of civil liability against damages to persons or property which could arise from his/her actions or omissions in the performance of his/her official functions/professional activities in Spain because of the contract of ______________________________________________________ for the U.S.

forces, and during the visit which, in respect of such contract, he/she may make to the

_______________ Military Base, according to the general conditions in force for this type of insurance and also to the special conditions created for this purpose in the Spanish-U.S.

Permanent Committee; that he/she has paid the premium according to the agreed conditions; and that such Policy is in force.

The Policy establishes as coverage of the mentioned risks the following amounts:

INDEMNITY LIMITS:

- For casualty: 601,012.10 Euros

With the following sub-limits for each injured person:

https://www.fcg.pentagon.mil/

- For personal liability: 90,151.82 Euros

- For property damage: 60,101.21 Euros

- For Judiciary Bond: 6, 010.12 Euros

The granted coverage is effective from ________________ through________________, and does not include any type of franchise, or similar limitation, to be deducted from the mentioned guarantees or any clause which requires the submission to any type of arbitration. The underwriting insurance company considers that the established amounts adequately cover the insured risks.

The policy sets forth the following clauses:

1. “The insurance company waives any right of subrogation against the United States of America which may arise by reason of any payment under this Policy.”

2. “The parties hereto explicitly agree to submit to the jurisdiction of the Spanish Courts of Law and to the Spanish Laws to settle any matter related to the construction or enforcement of the clauses and conditions of this Policy.”

IN WITNESS HEREOF, the present document is signed in______________________________, on the____________of_____________20____

For the Insured Company (signature) For the Insurance (signature)

CERTIFICADO DE COBERTURA DE SEGURO DE LA RESPONSABILIDAD CIVIL A QUE

SE REFIERE EL ARTICULO 5 DEL ANEXO 6 AL CONVENIO ENTRE EL REINO DE

ESPAÑA Y LOS ESTADOS UNIDOS DE AMERICA SOBRE COOPERACION PARA LA

DEFENSA, FIRMADO EL DIA 1 DE DICIEMBRE DE 1988.

La Compañia de Seguros ______________________________________ con domicilio social en la Calle/Avda./Pla.

____________________________________________________________________, Tlfo.:

_________________ , de nacionalidad española/norteamericana, inscrita en el Registro

Mercantil de______________________________, fecha _________________, Número

________, Libro _________, Sección ______, Tomo _______, Folio_______.

CERTIFICA:

Que D. __________________________, de nacionalidad _________________________, provisto del pasaporte número _______________________, tiene suscrita con esta Compañia la

Póliza número ____________________________, de responsabilidad civil contra daños a personas y cosas que pudieran derivarse de acciones u omisiones realizadas en el desempeño de sus funciones oficiales/actividades profesionales en España con ocasión del contrato de

__________________________________________, para las Fuerzas de los EE.UU. y con la visita que en relación con dicho contrato realice a la Base Militar de

___________________________, según las condiciones generales vigentes para este tipo de seguros y además las condiciones especiales elaboradas a este fin en el Comité Permanente

Hispano-Norteamericano; habiéndose satisfecho la prima según las condiciones pactadas, y encontrándose dicha Póliza en vigor.

La Póliza establece como cobertura de los riesgos mencionados las siguientes cuantías:

LIMITES DE INDEMNIZACION:

- Por siniestro: -------------------------- 601.012,10 Euros

Con los siguientes sublímites por perjudicado:

- Por daños personales:----------------- 90.151,82 Euros

- Por daños materiales: ----------------- 60.101,21 Euros

- Por fianzas judiciales:-_--------------- 6.010,12 Euros

Las coberturas otorgadas son efectivas desde el ___________________________, hasta el

_________________________, no incluyéndose en las mismas ningún tipo de franquicia o limitación similar a deducir de las garantías indicadas ni ninguna disposición que requiera la sumisión a cualquier tipo de arbitraje. La Compañia aseguradora que suscribe considera que las cuantías establecidas cubren adecuadamente los riesgos asegurados.

La Póliza establece las siguientes cláusulas:

1. “La Compañia Aseguradora renuncia a cualquier derecho de subrogación contra los Estados

Unidos de América que pueda provenir por razones diferentes a pago, bajo la Póliza epígrafiada.”

2. “Las partes se someten expresamente a la jurisdicción de los tribunales españoles y al derecho español para resolver cualquier cuestión relativa a la interpretación o aplicación de las cláusulas y condiciones de la Póliza.”

Y para que conste a los efectos oportunos, se firma el presente en __________________ a

_______________ de _____________ 2.0___._______________________________________

Tomador: Asegurador:

(END OF CERTIFICATE)

(End of Clause)

As prescribed in 5342.490-1, insert a clause substantially the same as the following clause in solicitations and contracts:

CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and ITV to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) No work under this contract requires unescorted entry to controlled or restricted areas.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/affars/5342.htm#p53424901

Section J - List of Documents, Exhibits and Other Attachments

LIST OF ATTACHMENTS

NUMBER TITLE DATE NUMBER OF PAGES

1 Contract Specifications for Project QUUG 10-1009P3, RPR D Avenue Ph3Moron Air Base, Spain (English)

3 May 16 54

2 Contract Specifications for Project QUUG 10-1009P3, RPR D Avenue Ph3Moron Air Base, Spain (Spanish)

3 May 16 53

3 Drawings R-721-01 through R-720-09 3 May 16 9

4 Submittal Schedule Undated 3

5 Construction Cost Estimate Breakdown

Undated 21

Section K - Representations, Certifications and Other Statements of Offerors

1. PRIME BIDDER CERTIFICATION REQUIREMENTS

1. Bidders must submit the required current Certificate of Classification issued by the "Registro de Contratista de

Obras del Estado" of the "Ministerio de Economía y Hacienda" (as required by Spanish Law “Decreto Legislativo

3/2011 Ley de Contratos del Sector Público”) covering the following groups, subgroups, and categories (as stated in

Technical Specifications). Certificate shall remain valid for the duration of the period of performance. The certificate holder (contractor or subcontractor) must execute the activities related to the certificate.

GROUP SUBGROUP CATEGORY

G 1, 4, 6 F

O 2 D

NOTE: The minimum required work activities to be performed by the Bidder area related to the following line items of the Construction Cost Estimate Breakdown:

a. Pavement milling.

b. The placing and setting up of bituminous mixes.

c. The prime coat application.

d. The tack coat application.

2. Bidders' must submit the following certificate demonstrating the quality control management system established by the Bidder meets the requirements established by the standard. The submitted certificates shall be original or a notarized copy. Bidders must hold an updated Certificate of Quality Management System UNE-EN ISO 9001 issued by an official certification body for the following activities:

a. The placing and setting up of bituminous mixes.

b. The milling and recycling of pavements.

c. The upkeep and maintenance of roads, runways, highways and freeways.

d. The construction of work types of:

1) Roads and runways (with pavements of bituminous mixes, markings and signage of roads, works without specific qualification).

3. Bidders' must submit the following certificate demonstrating the environment management system established by the

Bidder meets the requirements established by the standard. The submitted certificates shall be original or a notarized copy. Bidders must hold an updated Certificate of Environment Management System UNE-EN ISO 14001 issued by an official certification body for the following activities:

a. The placing and setting up of bituminous mixes.

b. The milling and recycling of pavements.

c. The upkeep and maintenance of roads, runways, highways and freeways.

d. The construction of work types of:

1) Roads and runways (with pavements of bituminous mixes, markings and signage of roads, works without specific qualification).

4. Bidders must submit certification of Asphalt paver to be used, to prove compliance with technical specifications requirements and be considered responsible. Certification must indicate the following:

a. Name of the owner of the asphalt paver.

b. Manufacturer of the asphalt paver.

c. Model of the asphalt paver.

d. Maximum thickness of placed asphalt course.

e. Maximum width of placed asphalt course.

5. Bidders must submit certification of milling equipment to be used, to prove compliance with technical specifications requirements and be considered responsible. Certification must indicate the following:

a. Name of the owner of the milling equipment.

b. Manufacturer of the milling equipment.

c. Model of the milling equipment.

d. Manufacturer's brochure of the model of the milling equipment.

2. PRIME BIDDER OR SUBCONTRACTOR’S CERTIFICATION REQUIREMENTS

1. Bidders or their subcontractors must submit the required current Certificate of Classification issued by the

"Registro de Contratista de Obras del Estado" of the "Ministerio de Economía y Hacienda" (as required by Spanish

Law “Decreto Legislativo 3/2011 Ley de Contratos del Sector Público”) covering the following groups, subgroups, and categories (as stated in Technical Specifications). Certificate shall remain valid for the duration of the period of performance. The certificate holder (contractor or subcontractor) must execute the activities related to the certificate.

GROUP SUBGROUP CATEGORY

G 5 F

O 2 D

NOTE: Bidders must submit a memorandum of agreement between the Bidder and each key subcontractor, if any, establishing that the key subcontractor will perform the corresponding work activity if the contract is awarded to the

Bidder. The memorandum of agreement has to be signed by the Bidder and the key subcontractor and shall be original or a notarized copy.

2. Bidders or their subcontractors must submit certification of Asphalt Batch Plant to be used, to prove compliance with technical specifications requirements and be considered responsible. Certification must indicate the following:

a. Name of the owner of the asphalt batch plant.

b. Manufacturer of the asphalt batch plant.

c. Model of the asphalt batch plant.

d. Asphalt batch plant capacity (at least 350 tons per hour).

e. Location of the asphalt batch plant. The location of the asphalt batch plant shall be at no more than 60 minutes haul time from the placing site.

f. AENOR, AIDICO, APPLUS, Bureau Veritas or ENAC certificate of the bituminous mix production control from the asphalt batch plant in accordance with UNE-EN 13108 for the following mixes:

1) AC 16 surf 35/50 D.

2) AC 22 bin 35/50 S.

g. Compliance Evaluation System certificate type (2+).

h. Certificate of Quality Management System UNE-EN ISO 9001 issued by an official certification body for the production of bituminous mixes.

i. Certificate of Environment Management System UNE-EN ISO 14001 issued by an official certification body for the production of bituminous mixes.

3. Bidders or their subcontractors must submit certification of the quarry to be used, to prove compliance with technical specifications requirements and be considered responsible. Certification must indicate the following:

a. Name of the owner of the quarry.

b. AENOR certificate of the aggregates.

c. Certificate of Quality Management System UNE-EN ISO 9001 issued by an official certification body for the mining, crushing, classification and sale of aggregates.

d. Certificate of Environment Management System UNE-EN ISO 14001 issued by an official certification body for the mining, crushing, classification and sale of aggregates.

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is N/A.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The…