Solicitation - FA568220R0004.pdf
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- Solicitation number
- FA568220R0004
About this file
This is a solicitation notice for a construction project to expand a medical group warehouse facility at Aviano Air Base in Italy. The project scope involves expanding warehouse space to support a medical readiness mission. Estimated construction costs range from $1 million to $5 million. Interested vendors must hold an active System for Award Management certification in construction category OG01 and be able to complete the project on a lump sum basis. A mandatory site visit is scheduled for interested firms to inspect the project location. Offers are due by the date specified in the solicitation. The selected contractor must begin work within 30 days of notice to proceed and complete the project within 180 calendar days. The award will be a fixed price construction contract in accordance with FAR provisions for this project magnitude and overseas work.
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IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER
7. ISSUED BY CODE 8. ADDRESS OFFER TO
9. FOR INFORMATION
CALL:
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
b. An offer guarantee is, is not required.
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
STANDARD FORM 1442 (REV. 8/2014)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d)
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
12b. CALENDAR DAYS
YES NO
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED PAGE OF PAGES
AMOUNTS
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
CODE FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT
NUMBER
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
21. ITEMS ACCEPTED:
AWARD (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA
BY
31c. DATE
STANDARD FORM 1442 (REV. 8/2014) BACK
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )
26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY
Section A - Solicitation/Contract Form
FA568220R0004
Section B - Supplies or Services and Prices/Cost
Additional Information/Notes
- ALL QUANTITIES INDICATED IN THE PROJECT DOCUMENTS FURNISHED BY THE GOVERNMENT, INCLUDING THE CONSTRUCTION COST BREAKDOWN, ARE ESTIMATES AND THE GOVERNMENT SHALL NOT BE HELD RESPONSIBLE FOR THE ACCURACY OF THE ESTIMATED QUANTITIES. THE CONTRACT SHALL REQUIRE A COMPLETED PROJECT ON A LUMP SUM BASIS. IT IS THE RESPONSIBILITY OF THE OFFEROR TO CALCULATE, FORESEE AND PERFORM ALL QUANTITIES OF WORK MANIFESTLY NECESSARY TO DELIVER A COMPLETE
PROJECT BASED ON ITS OVERALL SCOPE.
- THE CONTRACTOR SHALL BE IN POSSESSION OF A CURRENT SOA THROUGHOUT THE ENTIRE PERFORMANCE
OF THE CONTRACT.
Item Supplies/Service Quantity Unit Unit Price Amount
0001 THE CONTRACTOR SHALL
FURNISH ALL LABOR, EQUIPMENT,
MATERIALS, TRANSPORTATION,
SUPERVISION AND ANY
OTHER NECESSARY WORK TO
ACCOMPLISH THE PROJECT
HEREIN LISTED AT THE PRICE
STATED BELOW AND STRICTLY
IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF
THIS CONTRACT INCLUDING
THE FOLLOWING ATTACHED
DOCUMENTS LISTED IN SECTION
J HEREIN: PROJECT ASHE 20-8000
EXPAND MDG WAREHOUSE
FOR WRM FAC. 1412 AREA F -
AVIANO AB, ITALY, TECHNICAL
SPECIFICATIONS DATED
NOVEMBER THE 6TH 2019 AND
MARKED SUBMITTAL: FINAL (100%
DESIGN). FOR THE PURPOSES
OF PROVISION 252.236-7006 OF
SECTION L, THE CONSTRUCTION
WORK UNDER THIS ITEM IS
SUBJECT TO THE STATUTORY
COST LIMITATION OF $2,000,000
FOR UNSPECIFIED MINOR MILITARY
CONSTRUCTION (10 USC 2805)
Manufacturer's Part Number: Null Product Service Code: Y1GZ Firm Fixed Price
CIN: 00000000000005070197
1.0 Lot
Section C - Description/Specifications/Statement of Work
Requirements
PROJECT ASHE 20-8000 EXPAND 31 MDG WRM WAREHOUSE
Section D - Packaging and Marking
Section E - Inspection and Acceptance
252.229-7001 Tax Relief. 2014-09 Basic. As prescribed in 229.402-70(a) and (a)(1), use the following clause: TAX RELIEFBASIC (SEP 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 Contractors government. The following taxes or duties have been excluded from the contract price: | NAME OF TAX: ____(Offeror insert) || RATE (PERCENTAGE): ____(Offeror insert) |
(b) The Contractors 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 Governments 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.
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.246-12 Inspection of Construction. 1996-08
DFARS Clauses Incorporated by Full Text
252.229-7003 Tax Exemptions (Italy). 2012-03 As prescribed in 229.402-70(c)(1), use the following clause:
TAX EXEMPTIONS (ITALY) (MAR 2012)
(a) As the Contractor represented in its offer, the contract price, including the prices in subcontracts awarded under this contract, does not include taxes from which the United States Government is exempt.
(b) The United States Government is exempt from payment of Imposta Valore Aggiunto (IVA) tax in accordance with Article 72 of the IVA implementing decree on all supplies and services sold to United States Military Commands in Italy.
(1) The Contractor shall include the following information on invoices submitted to the United States Government:
(i) The contract number.
(ii) The IVA tax exemption claimed pursuant to Article 72 of Decree Law 633, dated October 26, 1972.
(iii) The following fiscal code(s): 91000190933 .
(2)(i) Upon receipt of the invoice, the paying office will include the following certification on one copy of the invoice:
| I certify that this invoice is true and correct and reflects expenditures made in Italy for the Common Defense by the United States Government pursuant to international agreements. The amount to be paid does not include the IVA tax, because this transaction is not subject to the tax in accordance with Article 72 of Decree Law 633, dated October 26, 1972. |
An authorized United States Government official will sign the copy of the invoice containing this certification.
(ii) The paying office will return the certified copy together with payment to the Contractor. The payment will not include the amount of the IVA tax.
(iii) The Contractor shall retain the certified copy to substantiate non-payment of the IVA tax.
(3) The Contractor may address questions regarding the IVA tax to the Ministry of Finance, IVA Office, Rome (06) 520741.
(c) In addition to the IVA tax, purchases by the United States Forces in Italy are exempt from the following taxes:
(1) Imposta di Fabbricazione (Production Tax for Petroleum Products).
(2) Imposta di Consumo (Consumption Tax for Electrical Power).
(3) Dazi Doganali (Customs Duties).
(4) Tassa di Sbarco e dImbarco sulle Merci Transportate per Via Aerea e per Via Maritima (Port Fees).
(5) Tassa de Circolazione sui Veicoli (Vehicle Circulation Tax).
(6) Imposta di Registro (Registration Tax).
(7) Imposta di Bollo (Stamp Tax).
(End of clause)
0001 Inspection and Acceptance Location
Both Destination Instructions: INSPECTION AND ACCEPTANCE WILL BE PERFORMED BY CES, IN THE PERSON OF THE
POC HEREBY PROVIDED
DoDAAC: F1F4A4 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
31 MG
AF BPN NO MILSBILLS PROCESSES
UNIT 6180 BOX 245
, APO AE 09604 6180
United States
OfficeCode:
MS. SIMONA VOLPI
Telephone: 0434-30-2369 Email:
Section F - Deliveries or Performance
CLAUSES INCORPORATED BY FULL-TEXT
52.211-10 Commencement, Prosecution, and Completion of Work. 1984-04 As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.
Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to (a)commence work under this contract within __30__ [Contracting Officer insert number] 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 __180__. The time stated for completion shall include final cleanup of the premises.
(End of clause)
0001 Delivery Schedule Ship To Address
Delivery Schedule From date of lead time event to completion of performance 180 Calendar Days Date of Notice to Proceed Receipt
Ship To
DoDAAC: F1F4A4 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
31 MG
AF BPN NO MILSBILLS PROCESSES
UNIT 6180 BOX 245
, APO AE 09604 6180
United States
OfficeCode:
MS. SIMONA VOLPI
Telephone: 0434-30-2369 Email:
Period of Performance From to
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7008 Assignment of Claims (Overseas). 1997-06 252.236-7000 Modification Proposals--Price Breakdown 1991-12
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12 As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(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.
Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.gov;
and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) 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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
CONSTRUCTION INVOICE
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
NOT APPLICABLE
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(f) [Note: The Contractor may use a WAWF combo document type to create some combinations of invoice and receiving report in one step.]
(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 || __F87700__ | | Issue By DoDAAC || __FA5682__ | | Admin DoDAAC || __FA5682__ | | Inspect By DoDAAC || __FA5682__ | | Ship To Code || __NOT APPLICABLE__ | | Ship From Code || __NOT APPLICABLE__ | | Mark For Code || __NOT APPLICABLE__ | | Service Approver (DoDAAC) || __NOT APPLICABLE__ | | Service Acceptor (DoDAAC) || __FA5682__ | | Accept at Other DoDAAC || __NOT APPLICABLE__ | | LPO DoDAAC || __FA5682__ | | DCAA Auditor DoDAAC || __NOT APPLICABLE__ | | Other DoDAAC(s) || ____ |
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activitys WAWF point of contact.
__NOT APPLICABLE__
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section H - Special Contract Requirements
NON WORK DAYS
1. Unless otherwise approved by the Contracting Officer, work shall not be performed at the on base site of work on the following U.S. or Italian holidays (including other base closure days).
2. Regular working days as used herein mean Monday through Friday, from 0800 to 1700 hrs, of each week with exception of established Italian or American holidays or any other day proclaimed an official holiday by either Government.
Italian Holidays:
1 January New Year's Day 6 January Epiphany Easter Monday Monday following Easter 12 April Aviano Patron's Day 25 April Liberation Day 1 May Labor Day 2 June Republic Day 15 August Assumption Day 1 November All Saints' Day 8 December Immaculate Conception 25 December Christmas Day 26 December St. Stephen's Day
U.S. Holidays:
1 January * New Year's Day 3rd Monday in January Martin Luther King's Birthday 3rd Monday in February Washington's Birthday Last Monday in May Memorial Day 4th of July* Independence Day 1st Monday in September Labor Day 2nd Monday in October Columbus Day 11 November * Veteran's Day 4th Thursday in November Thanksgiving Day 25 December* Christmas Day *When the holiday is on a Saturday, the preceding Friday will be the U.S. holiday. When the holiday is on a Sunday, the following Monday will be a U.S. holiday. If delivery is scheduled for a proclaimed holiday, delivery will be made on the next normal workday.
EFT PAYMENT INFORMATION:
Information will be indicated when processing each invoice in WAWF
OBSERVANCE OF HOST COUNTRY SOCIAL CONTRIBUTION LABOR LAW
(a) The Contractor throughout the life of this contract shall scrupulously observe the requirements of Italian Law regarding the payment of social contributions for Italian national employees as well as the similar laws/directives for all legally employed workers. The contractor shall require subcontractors at all tiers to also comply with the payment requirements of this law and those of the European Community member nations. The Contractor shall on a yearly basis, provide copies of the certifications (DURC) issued by the appropriate host nation authority attesting compliance with regular payment requirements of this law and/or corresponding documentation issued for employees that are citizens of other European Community member countries. The certifications shall be provided any time a new employee or subcontractor performs work under this contract or upon expiration of any previously provided certifications. Failure of the Contractor to strictly observe this special contract requirement shall be sufficient reason for the U.S. Government to terminate this contract for Cause.
(b) The contractor shall be responsible for complying with any and all Italian labor laws, relations and standards in effect or which shall come into effect during the term of this contract. Such compliance shall pertain to: hours of work, wages, salaries, working conditions, labor relations (including collective bargaining, union agreements etc.), particular workmen's compensation, social security contributions for all categories of dependents and professionals.
The Contractor and all subcontractors are required to adhere with all safety laws in effect (I.L. 626, Legislative Decree 9 April 2008, n. 81) and that may come into effect of the Italian Government. The Contracting Officer reserves the right to suspend work until such time as adherence to the laws is assured and to remove from the work site any worker found to ignore required safety practices. Such suspensions of work or removal of employees shall be at no cost to the Government.
Failure by the contractor to correct deficiencies in reasonable time shall be cause for Termination for Default.
(c) Furthermore the contractor shall safeguard his firm with additional insurance against the risks of monetary recovery by Italian authorities and workers for accidents, injuries or deaths which are imputable to the contractor for failure to observe required safety practices and/or any requirement of paragraph a. above.
(d) The contractor shall be totally responsible and shall save harmless the U.S. Government from any and all disputes, claims, or grievance initiated by employees or third parties because of failure to comply with this special contract requirement.
(e) Construction contractors shall be responsible for written notification to the local labor benefits office of site work initiation under this contract and shall produce copy of such notice to the Contracting Officer.
(f) With each base pass request the Contractor shall furnish the health insurance and labor benefits employee number.
(g) With signature of the offer the contractor warrants that the proposed price(s) include all costs in effect or which shall come into effect during the term of the contract for compliance with this contract requirement and also for all responsibilities and risks as indicated herein.
INSURANCE AMOUNTS
Pursuant to contract clause 52.228-5, Insurance-Work on a Government Installation, the following are the kinds and minimum amounts of insurance that are required for performance of this contract.
Employee and third party bodily injury (in addition to the mandatory contractor's country social insurance).
(i) Per Person: EURO 1,000,000.00 Per Occurrence: EURO 5,000,000.00
(ii) Third Party Property Damages, Per Occurrence: EURO 1,500,000.00 Vehicle Liability Insurance in accordance with the mandatory requirements of the contractor's country and those of the European Common Market for work outside of the contractor's country. Insurance policies may be denominated in other than currency of the contractor's country provided the amount is equivalent to those stated above and the insurance policies are valid in the country where work is to be performed.
PREPARATION OF MATERIAL APPROVAL SUBMITTALS
The submittals contemplated by the clause entitled "Material and Workmanship" shall be accomplished on and in accordance with the instructions pertaining to AF Form 3000, Material Approval Submittal.
PREPARATION OF PROGRESS SCHEDULES AND REPORTS
The reports contemplated by the clause herein entitled: "Schedules for Construction Contracts" shall be accomplished on and in accordance with the instructions pertaining to AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report.
USE OF DRAWINGS, MAPS, SITE PLANS AND OTHER DOCUMENTS
(Applicable to Section K of the Solicitation)
a. For purposes of this certification drawings, maps, site plans and other documents shall be referred to as the "documents".
b. The Offeror certifies that he understands and shall observe the following instructions concerning the "documents" furnished by the government including those developed by him if required by the scope of the eventual contract:
The "documents" shall not be:
(1) reproduced in whole or in part without the written consent of the Contracting Officer prior to award of the contract.
(2) released to third party personnel or subcontractors without the written consent of the Contracting Officer. For purposes of obtaining written consent, the Contractor shall provide the Contracting Officer the name of the firms who require the "documents" and the contents to be released.
(3) reproduced in whole or in part after contract award, without the written consent of the Contracting Officer. The request for approval shall contain a list of "documents" that require reproduction, the number of copies and to whom they will be distributed.
(4) retained by the Contractor after contract completion without the approval of the Contracting Officer.
NAME OF OFFEROR: _________________________________________________________
SIGNATURE: ________________________________________________________________
NAME AND TITLE OF SIGNER: _________________________________________________
NON APPLICABILITY OF ITALIAN CIVIL CODE
(Applicable to Section K of the Solicitation) The undersigned contractor, having seen and completely knowledgeable of the contents of the solicitation and eventual contract, in all of its parts, hereby renounces to any and all rights afforded to him by article 1341 of the Italian Civil Code with respect to the provisions and clauses of this contract and Italian Civil Code articles 1664, 1467 and 1673. The renouncement is made on his own free will without having received influence of any kind, from any third parties, including the contracting officer. The contractual price includes adequate monetary compensation for this renouncement.
I hereby certify to have read and understood all terms, conditions and clauses of this contract and hereby approve them in their entirety.
NAME OF CONTRACTOR: _______________________________________________________
POSITION OF AGENT: __________________________________________________________
SIGNATURE OF AGENT: ________________________________________________________
GOVERNMENT FILL-INS:
52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR
PRICING DATA -- MODIFICATIONS (OCT 2010)--ALTERNATE IV (OCT 2010)
Para (b) Insert: "Construction Cost Estimate Breakdown or other forms/documents provided by the Contracting Officer"
52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)
Insert: "Twelve (12)"
52.236-4 PHYSICAL DATA (APR 1984)
Para (b) Insert: "Average record for Aviano Air Base only, records for other work sites are not available.
% of Hr. Temp. is Average Min. Extreme Min. Below 1C from Average Relative Month Temp. (C) Temp. (C) 0600 to 1700 hrs. Humidity (%)
JAN -2 -13 19 74
FEB 0 -11 10 71
MAR 3 -12 5 66
APR 7 - 3 * 66
MAY 12 1 0 70
JUN 15 6 0 70
JUL 17 4 0 65
AUG 17 8 0 68
SEP 14 3 0 73
OCT 8 - 2 * 74
NOV 4 -10 3 77
DEC -1 -12 19 71
% of Hr.
Humidity is Over 70% from Average Number Average Number Average Number 1200 to 1400 of Days With of Days With of Days With Month Hrs. Precipitation Snow Thunderstorms
JAN 38 9 2 *
FEB 31 10 2 *
MAR 22 13 2 1
APR 17 16 * 5
MAY 16 18 0 11
JUN 15 18 0 13
JUL 6 15 0 12
AUG 10 15 0 10
SEP 21 12 0 6
OCT 19 10 0 3
NOV 39 13 * 2
DEC 27 10 2 *
* = Occurs less than 1 day or 1%.
Para (c) Insert: No Government transportation vehicles or facilities are available for contractor use.
Para (d) Insert: Items identified as Government Furnished Property will be turned over to the Contractor, whenever he requests such items, at a warehouse located within the limits of Aviano Air Base.
52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)
Change all references to 1 year to read 2 years.
252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)
Para (e) Insert: SEE SECTION J HEREIN
OFFEROR FILL-INS
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)
Para (b) Material Insert: _______________________ Identification No. Insert: ______________________
252.223-7001 HAZARD WARNING LABELS (DEC 1991)
Para (c) Material Insert: _______________________ ACT Insert: ________________________________
252.229-7001 TAX RELIEF (SEP 2014)
Para (a) Name of Tax Insert: ___________________ Rate Insert: __________________________
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.225-14 Inconsistency Between English Version And Translation Of Contract FEB 2000 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.236-1 Performance of Work by the Contractor APR 1984 52.236-4 Physical Data APR 1984 52.236-14 Availability and Use of Utility Services APR 1984 52.253-1 Computer Generated Forms. JAN 1991 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (Apr 2012) - Alternate I SEP 1996 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials SEP 2014 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.242-7004 Material Management And Accounting System MAY 2011
CLAUSES INCORPORATED BY FULL TEXT
52.204-8 -- Annual Representations and Certifications (Oct 2018) (a)
(1) The North American Industry classification System (NAICS) code for this acquisition is 238390 [insert NAICS code].
(2) The small business size standard is not applicable.
(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, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), 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:
[_] (i) Paragraph (d) applies.
[_] (ii) 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 acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that--
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPAdesignated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certification. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
X (i) 52.204-17, Ownership or Control of Offeror.
___ (ii) 52.204-20, Predecessor of Offeror.
___ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
___ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
___ (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-- Certification.
___ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
___ (vii) 52.227-6, Royalty Information.
___ (A) Basic.
___ (B) Alternate I.
___ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https:// www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of Provision)
52.228-15 -- Performance and Payment Bonds -- Construction As prescribed in 28.102-3(a), insert a clause substantially as follows:
Performance and Payment Bonds -- Construction (Oct 2010)
(a) Definitions. As used in this clause -- "Original contract price" means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.
(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:
(1) Performance Bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 10 percent of the original contract price.
(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 0 percent of the original contract price.
(3) Additional bond protection.
(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 10 percent of the increase in contract price.
(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.
(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.
(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:
U.S. Department of Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782 Or via the internet at http://www.fms.treas.gov/c570/ .
(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.
(End of Clause)
The following clauses do not apply to this acquisition:
52.204-24 52.215-20 52.219-13 52.222-21 52.222-27 52.222-29 52.228-2 52.228-11 52.228-14 52.232-11 52.232-40 52.233-4 52.243-1 alt I 52.249-4 252.204-7004 252.204-7015 252.222-7006 252.223-7008 252.225-7005 252.225-7016 252.225-7043 252.226-7001 252.237-7010 252.242-7006 52.204-1 52.204-25 52.209-11 52.215-21 52.219-4 Deviation
52.222-26 52.232-29 52.232-32 52.252-6 252.208-7000 252.215-7004 252.232-7012 52.222-23 52.204-9 52.214-34 52.214-35 252.215-7013 52.215-20 Alt I 52.215-20 Alt IV 52.223-22 52.232-28
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.202-1 Definitions. 2013-11 52.203-6 Restrictions on Subcontractor Sales to the Government. 2006-09 52.203-7 Anti-Kickback Procedures. 2014-05 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper
Activity.
2014-05
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain
Federal Transactions.
2007-09
52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform
Employees of Whistleblower Rights.
2014-04
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.
2017-01
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
2017-01
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.2011-05 52.204-7 System for Award Management. 2018-10 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 52.204-13 System for Award Management Maintenance. 2018-10 52.204-16 Commercial and Government Entity Code Reporting. 2016-07 52.204-23 Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and Other Covered Entities.
2018-07
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than
Certified Cost or Pricing Data-Modifications.
2010-10
52.219-13 Notice of Set-Aside of Orders. 2011-11 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-27 Affirmative Action Compliance Requirements for Construction. 2015-04 52.222-29 Notification of Visa Denial. 2015-04 52.222-50 Combating Trafficking in Persons. 2019-01 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.228-2 Additional Bond Security. 1997-10 52.228-11 Pledges of Assets. 2018-08 52.228-14 Irrevocable Letter of Credit. 2014-11 52.229-6 Taxes-Foreign Fixed-Price Contracts. 2013-02 52.232-11 Extras. 1984-04 52.232-17 Interest. 2014-05 52.232-27 Prompt Payment for Construction Contracts. 2017-01 52.232-33 Payment by Electronic Funds Transfer-System for Award Management.2018-10
52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.236-2 Differing Site Conditions. 1984-04 52.236-3 Site Investigation and Conditions Affecting the Work. 1984-04 52.236-5 Material and Workmanship. 1984-04 52.236-6 Superintendence by the Contractor. 1984-04 52.236-7 Permits and Responsibilities. 1991-11 52.236-8 Other Contracts. 1984-04 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and
Improvements.
1984-04
52.236-10 Operations and Storage Areas. 1984-04 52.236-11 Use and Possession Prior to Completion. 1984-04 52.236-12 Cleaning Up. 1984-04 52.236-13 Accident Prevention. 1991-11 52.236-15 Schedules for Construction Contracts. 1984-04 52.236-21 Specifications and Drawings for Construction. 1997-02 52.236-26 Preconstruction Conference. 1995-02 52.242-13 Bankruptcy. 1995-07 52.242-14 Suspension of Work. 1984-04 52.243-1 Alternate I Changes-Fixed-Price. - (Alternate I) 1987-08 52.243-4 Changes. 2007-06 52.244-6 Subcontracts for Commercial Items. 2019-08 52.246-21 Warranty of Construction. 1994-03 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 52.249-4 Termination for Convenience of the Government (Services) (Short
Form).
1984-04
52.249-10 Default (Fixed-Price Construction). 1984-04
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-
Related Felonies.
2008-12
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident
Reporting.
2016-10
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the
Government of a Country that is a State Sponsor of Terrorism.
2019-05
252.222-7002 Compliance with Local Labor Laws (Overseas). 1997-06 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7005 Identification of Expenditures in the United States. 2005-06 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 252.225-7041 Correspondence in English. 1997-06 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the
United States.
2015-06
252.225-7048 Export-Controlled Items. 2013-06 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic
Enterprises, and Native Hawaiian Small Business Concerns.
2019-04
252.232-7010 Levies on Contract Payments. 2006-12 252.233-7001 Choice of Law (Overseas). 1997-06 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.242-7006 Accounting System Administration. 2012-02 252.243-7001 Pricing of Contract Modifications. 1991-12
252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06
FAR Clauses Incorporated by Full Text
52.204-1 Approval of Contract. 1989-12 As prescribed in 4.103 , insert the following clause:
Approval of Contract (Dec 1989) This contract is subject to the written approval of __ __[identify title of designated agency official here] and shall not be binding until so approved.
(End of clause)
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 2019-08 As prescribed in 4.2105(b), insert the following clause:
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)
(a) Definitions. As used in this clause- "Covered foreign country" means The People's Republic of China.
"Covered telecommunications equipment or services" means-
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
"Critical technology" means-
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act…
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