SolDocB104.doc
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- Construct Addition/Fire Suppression B104
- Solicitation number
- FA6656-09-R-0005
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FA6656-09-R-0005 Solicitation Document
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Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lump Sum |
ZQEL 07-0008B
FFP
The Contractor shall furnish all supervision, labor, materials, tools, equipment, apparatus, permits, and transportation required to Reconfigure/Renovate interior of the gym Building 104 in accordance with the specifications dated June 30, 2009, and drawings signed by the Chief, Engineering Division on July 7, 2009, and issued for bid on 6/30/09 contained in Section J. List of Documents, Exhibits and Other Attachments.
FOB: Destination
PURCHASE REQUEST NUMBER: F5Q3379160A004
SIGNAL CODE: B
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lump Sum |
ZQEL 07-0008C
FFP
The Contractor shall furnish all supervision, labor, materials, tools, equipment, apparatus, permits, and transportation required to construct the addition and install a fire suppression system in Building 104 in accordance with the specifications dated June 30, 2009, and drawings signed by the Chief, Engineering Division on July 7, 2009, and issued for bid on 6/30/09 contained in Section J. List of Documents, Exhibits and Other Attachments.
FOB: Destination
PURCHASE REQUEST NUMBER: F5Q3379160A004
SIGNAL CODE: B
NET AMT
NOTE 1: THIS CONTRACT CONTAINS ONE OR MORE CONTRACT LINE ITEMS THAT ARE SUBJECT TO A STATUTORY COST LIMITATION. THE CONTRACT LINE ITEM NUMBER(S)/CLIN AND THEIR RESPECTIVE LIMITATIONS ARE AS FOLLOWS:
CLIN: 0002 LIMITATION: $750,000.00
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 |
| Destination |
| Government |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-12 |
| Inspection of Construction |
| AUG 1996 |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| UIC |
| 0001 |
| 30-SEP-2010 |
| 1 |
| 910 MSG/CE (F5Q337) BLDG 510 - CIVIL ENG |
3976 KING GRAVES ROAD
UNIT 5937
VIENNA OH 44473
330-609-1173
FOB: Destination F5Q337
| 0002 |
| 30-SEP-2010 |
| 1 |
| (SAME AS PREVIOUS LOCATION) |
FOB: Destination F5Q337
Section G - Contract Administration Data
ADMINISTRATION AND PAYMENT
(a) The resulting contract shall be administered by the Contracting Activity shown on the Standard Form 1442, Solicitation, Offer and Award, Block 26.
(b) A properly prepared invoice shall be submitted via Wide Area Work Flow (WAWF), reflecting the information/data required by the Contract Clause entitled, Payments Under Fixed-Price Construction Contracts (Sep 02)(FAR 52.232-5) and Prompt Payment for Construction Contracts (Sep 05)(FAR 52.232-27).
(c) Progress payments will be based on the last verified, approved progress report received. If a variance exists between the Contractor’s and the Government’s estimate, the Contractor will be given the opportunity to support their position. If the additional information is not adequate or is not provided, the invoice will be adjusted as determined appropriate by the Contracting Officer and/or payment authorized at the Government’s estimated percentage of work completed if it is lower than the amount requested. A maximum amount of 90% of the contract price may be paid as progress payments.
(d) Final payment will be for an amount not less than 10% of the contract amount and will be approved for payment after completion (including clean-up and submission of final warranties, payrolls, and all other documents as required under the terms and conditions of this contract) and final acceptance (including correction of all punch list items) of the project work.
OHIO SALES AND USAGE TAX: The contract price should not include any amount for the Ohio Sales and Use Tax for building and construction materials to be used in the structure. Contactors are exempt from the payment of the Ohio Sales Tax for building structures or improvements to real property under construction contracts within the United States. The exemption certificate shall be in such a form as prescribed by the rule of Ohio Department of Taxation (Tax Commissioner’s Rule 5703-9-03) and should be signed by the contractor, the subcontractor, and the Operational Contracting Officer. The contractor should then furnish the certificate to the supplier within a period in which the supplier is required to file a return for the period in which the sales are consummated. As provided in Ohio Revised Code Section 5739.03, the exemption certificate must specify the reason that the sale is exempt. The contactor shall be responsible for obtaining the required exemption certificate and submitting it to the Contracting Officer for signature.
ELECTRONIC PAYMENT VIA WIDE AREA WORK FLOW (WAWF) Use of WAWF is mandatory. (See Section I Contract Clause 252.232-7003) Use of WAWF will speed up your payment processing time and allow you to monitor your payment status online. There are no charges or fees to use WAWF. The following codes will be required to route your invoices and additional Email correctly through WAWF.
CAGE CODE:
ISSUE BY DODAAC: FA6656
ADMIN DODAAC: FA6656
INSPECT BY BSN: F5Q337
CONTRACTING OFFICER: F5Q337
PAY OFFICE DODAAC: F67100
FSC: Z162
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
| 52.202-1 |
| Definitions |
| JUL 2004 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-5 |
| Covenant Against Contingent Fees |
| APR 1984 |
| 52.203-6 |
| Restrictions On Subcontractor Sales To The Government |
| SEP 2006 |
| 52.203-7 |
| Anti-Kickback Procedures |
| JUL 1995 |
| 52.203-8 |
| Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity |
| JAN 1997 |
| 52.203-10 |
| Price Or Fee Adjustment For Illegal Or Improper Activity |
| JAN 1997 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| SEP 2007 |
| 52.204-4 |
| Printed or Copied Double-Sided on Recycled Paper |
| AUG 2000 |
| 52.204-7 |
| Central Contractor Registration |
| APR 2008 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| SEP 2006 |
| 52.211-15 |
| Defense Priority And Allocation Requirements |
| APR 2008 |
| 52.215-2 |
| Audit and Records--Negotiation |
| MAR 2009 |
| 52.219-3 |
| Notice of Total HUBZone Set-Aide |
| JAN 1999 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| MAY 2004 |
| 52.219-14 |
| Limitations On Subcontracting |
| DEC 1996 |
| 52.222-1 |
| Notice To The Government Of Labor Disputes |
| FEB 1997 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-4 |
| Contract Work Hours and Safety Standards Act - Overtime Compensation |
| JUL 2005 |
| 52.222-6 |
| Davis Bacon Act |
| JUL 2005 |
| 52.222-7 |
| Withholding of Funds |
| FEB 1988 |
| 52.222-8 |
| Payrolls and Basic Records |
| FEB 1988 |
| 52.222-9 |
| Apprentices and Trainees |
| JUL 2005 |
| 52.222-10 |
| Compliance with Copeland Act Requirements |
| FEB 1988 |
| 52.222-11 |
| Subcontracts (Labor Standards) |
| JUL 2005 |
| 52.222-12 |
| Contract Termination-Debarment |
| FEB 1988 |
| 52.222-13 |
| Compliance with Davis-Bacon and Related Act Regulations. |
| FEB 1988 |
| 52.222-14 |
| Disputes Concerning Labor Standards |
| FEB 1988 |
| 52.222-15 |
| Certification of Eligibility |
| FEB 1988 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| FEB 1999 |
| 52.222-26 |
| Equal Opportunity |
| MAR 2007 |
| 52.222-27 |
| Affirmative Action Compliance Requirements for Construction |
| FEB 1999 |
| 52.222-35 |
| Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans |
| SEP 2006 |
| 52.222-36 |
| Affirmative Action For Workers With Disabilities |
| JUN 1998 |
| 52.222-37 |
| Employment Reports On Special Disabled Veterans, Veterans Of The Vietnam Era, and Other Eligible Veterans |
| SEP 2006 |
| 52.222-50 |
| Combating Trafficking in Persons |
| FEB 2009 |
| 52.223-3 |
| Hazardous Material Identification And Material Safety Data |
| JAN 1997 |
| 52.223-5 |
| Pollution Prevention and Right-to-Know Information |
| AUG 2003 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.223-12 |
| Refrigeration Equipment and Air Conditioners |
| MAY 1995 |
| 52.225-9 |
| Buy American Act--Construction Materials |
| FEB 2009 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.227-4 |
| Patent Indemnity-Construction Contracts |
| DEC 2007 |
| 52.228-1 |
| Bid Guarantee |
| SEP 1996 |
| 52.228-2 |
| Additional Bond Security |
| OCT 1997 |
| 52.228-5 |
| Insurance - Work On A Government Installation |
| JAN 1997 |
| 52.228-11 |
| Pledges Of Assets |
| FEB 1992 |
| 52.228-12 |
| Prospective Subcontractor Requests for Bonds |
| OCT 1995 |
| 52.228-14 |
| Irrevocable Letter of Credit |
| DEC 1999 |
| 52.228-15 |
| Performance and Payment Bonds--Construction |
| NOV 2006 |
| 52.229-3 |
| Federal, State And Local Taxes |
| APR 2003 |
| 52.232-5 |
| Payments under Fixed-Price Construction Contracts |
| SEP 2002 |
| 52.232-17 |
| Interest |
| OCT 2008 |
| 52.232-23 |
| Assignment Of Claims |
| JAN 1986 |
| 52.232-27 |
| Prompt Payment for Construction Contracts |
| OCT 2008 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--Central Contractor Registration |
| OCT 2003 |
| 52.233-1 |
| Disputes |
| JUL 2002 |
| 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 |
| 52.236-26 |
| Preconstruction Conference |
| FEB 1995 |
| 52.237-11 |
| Accepting and Dispensing of $1 Coin |
| SEP 2008 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.242-14 |
| Suspension of Work |
| APR 1984 |
| 52.243-4 |
| Changes |
| JUN 2007 |
| 52.244-6 |
| Subcontracts for Commercial Items |
| MAR 2009 |
| 52.246-21 |
| Warranty of Construction |
| MAR 1994 |
| 52.248-3 |
| Value Engineering-Construction |
| SEP 2006 |
| 52.249-2 |
| Termination For Convenience Of The Government (Fixed-Price) |
| MAY 2004 |
| 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 |
| JAN 2009 |
| 252.203-7001 |
| Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies |
| DEC 2008 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| JAN 2009 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7004 Alt A |
| Central Contractor Registration (52.204-7) Alternate A |
| SEP 2007 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country |
| DEC 2006 |
| 252.215-7003 |
| Excessive Pass-Through Charges--Identification of Subcontract Effort |
| MAY 2008 |
| 252.215-7004 |
| Excessive Pass-Through Charges |
| MAY 2008 |
| 252.223-7006 |
| Prohibition On Storage And Disposal Of Toxic And Hazardous Materials |
| APR 1993 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| DEC 2008 |
| 252.225-7016 |
| Restriction On Acquisition Of Ball and Roller Bearings |
| MAR 2006 |
| 252.225-7025 |
| Restriction on Acquisition of Forgings |
| JUL 2006 |
| 252.225-7030 |
| Restriction On Acquisition Of Carbon, Alloy, And Armor Steel Plate |
| DEC 2006 |
| 252.225-7031 |
| Secondary Arab Boycott Of Israel |
| JUN 2005 |
| 252.227-7033 |
| Rights in Shop Drawings |
| APR 1966 |
| 252.231-7000 |
| Supplemental Cost Principles |
| DEC 1991 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| MAR 2008 |
| 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 |
| MAR 1998 |
| 252.246-7003 |
| Notification of Potential Safety Issues |
| JAN 2007 |
CLAUSES INCORPORATED BY FULL TEXT
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within TEN (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 270 days after receipt of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
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 $181.00 for each calendar day 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.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 236220 assigned to contract number .
(Contractor to sign and date and insert authorized signer's name and title).
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004)
(a) Definition. As used in this clause--
United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).
Notice to Employees
Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.
If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.
For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:
National Labor Relations Board
Division of Information
1099 14th Street, N.W.
Washington, DC 20570
1-866-667-6572
1-866-316-6572 (TTY)
To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.
(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.
(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.
(e) The requirement to post the employee notice in paragraph (b) does not apply to--
(1) Contractors and subcontractors that employ fewer than 15 persons;
(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;
(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;
(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that--
(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and
(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or
(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.
(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall--
(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;
(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or
(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.
(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.
(End of clause)
52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)
(a) The Contractor shall notify the Contracting Officer or designee, in writing, two work days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or (2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107).
(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall-
(1) Be submitted in writing;
(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and
(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.
(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract.
(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)
(a) Definition. Ozone-depleting substance, as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:
“WARNING: Contains (or manufactured with, if applicable), a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.”----------------------------
The Contractor shall insert the name of the substance(s).
(End of clause4)
CLAUSES INCORPORATED BY FULL TEXT
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): http://farsite.hill.af.mil (End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.252-4 ALTERATIONS IN CONTRACT (APR 1984)
Portions of this contract are altered as follows: NONE (End of clause)
CLAUSES INCORPORATED BY FULL TEXT
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 Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
252.223-7001 HAZARD WARNING LABELS (DEC 1991)
(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.
(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labeling requirements of one of the following statutes:
(1) Federal Insecticide, Fungicide and Rodenticide Act;
(2) Federal Food, Drug and Cosmetics Act;
(3) Consumer Product Safety Act;
(4) Federal Hazardous Substances Act; or
(5) Federal Alcohol Administration Act.
(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through
(5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.
MATERIAL (If None, Insert "None.")
ACT
(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.
(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)
(a) Definitions.
(1) "Employee in a sensitive position," as used in this clause, means an employee who has been granted access to classified information; or employees in other positions that the Contractor determines involve national security; health or safety, or functions other than the foregoing requiring a high degree of trust and confidence.
(2) "Illegal drugs," as used in this clause, means controlled substances included in Schedules I and II, as defined by section 802(6) of title 21 of the United States Code, the possession of which is unlawful under chapter 13 of that Title. The term "illegal drugs" does not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law.
(b) The Contractor agrees to institute and maintain a program for achieving the objective of a drug-free work force. While this clause defines criteria for such a program, contractors are encouraged to implement alternative approaches comparable to the criteria in paragraph (c) that are designed to achieve the objectives of this clause.
(c) Contractor programs shall include the following, or appropriate alternatives:
(1) Employee assistance programs emphasizing high level direction, education, counseling, rehabilitation, and coordination with available community resources;
(2) Supervisory training to assist in identifying and addressing illegal drug use by Contractor employees;
(3) Provision for self-referrals as well as supervisory referrals to treatment with maximum respect for individual confidentiality consistent with safety and security issues;
(4) Provision for identifying illegal drug users, including testing on a controlled and carefully monitored basis. Employee drug testing programs shall be established taking account of the following:
(i) The Contractor shall establish a program that provides for testing for the use of illegal drugs by employees in sensitive positions. The extent of and criteria for such testing shall be determined by the Contractor based on considerations that include the nature of the work being performed under the contract, the employee's duties, and efficient use of Contractor resources, and the risks to health, safety, or national security that could result from the failure of an employee adequately to discharge his or her position.
(ii) In addition, the Contractor may establish a program for employee drug testing--
(A) When there is a reasonable suspicion that an employee uses illegal drugs; or
(B) When an employees has been involved in an accident or unsafe practice;
(C) As part of or as a follow-up to counseling or rehabilitation for illegal drug use;
(D) As part of a voluntary employee drug testing program.
(iii) The Contractor may establish a program to test applicants for employment for illegal drug use.
(iv) For the purpose of administering this clause, testing for illegal drugs may be limited to those substances for which testing is prescribed by section 2..1 of subpart B of the "Mandatory Guidelines for Federal Workplace Drug Testing Programs" (53 FR 11980 (April 11, 1988), issued by the Department of Health and Human Services.
(d) Contractors shall adopt appropriate personnel procedures to deal with employees who are found to be using drugs illegally. Contractors shall not allow any employee to remain on duty or perform in a sensitive position who is found to use illegal drugs until such times as the Contractor, in accordance with procedures established by the Contractor, determines that the employee may perform in such a position.
(e) The provisions of this clause pertaining to drug testing program shall not apply to the extent that are inconsistent with state or local law, or with an existing collective bargaining agreement; provided that with respect to the latter, the Contractor agrees those issues that are in conflict will be a subject of negotiation at the next collective bargaining session.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
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:
Drawing # ZQEL 07-0008B/C Issued for Bid Date: 06/30/09, Approval Date: 7 July 2009.
Sheet 1 of 37 (G-01) Title Sheet
Sheet 2 of 37 (C-01) Existing Site Conditions/Site and Utility Demolition Plan
Sheet 3 of 37 (C-02) Proposed Site and Utility Plan
Sheet 4 of 37 (C-03) Proposed Grading & Erosion Control PlanPlan
Sheet 5 of 37 (C-04) Details
Sheet 6 of 37 (A-01) Demolition Plan
Sheet 7 of 37 (A-02) Floor Plan
Sheet 8 of 37 (A-03) Reflected Ceiling Plan
Sheet 9 of 37 (A-04) Roof Plan
Sheet 10 of 37 (A-05) Enlarged Floor Plan
Sheet 11 of 37 (A-06) Building Elevations &Sections
Sheet 12 of 37 (A-07) Wall Sections
Sheet 13 of 37 (A-08) Interior Elevations
Sheet 14 of 37 (A-09) Interior Elevations & Wall Types
Sheet 15 of 37 (A-10) Door Schedule & Details
Sheet 16 of 37 (A-11) Room Finish Schedules & Details
Sheet 17 of 37 (A-12) Finish Plan
Sheet 18 of 37 (S-01) General Notes
Sheet 19 of 37 (S-02) Foundation/Slab Plan and Sections
Sheet 20 of 37 (S-03) Typical Foundation and Slab Details
Sheet 21of 37 (S-04) Roof Framing Plan and Sections
Sheet 22 of 37 (S-05) Typical Details & Sections
Sheet 23 of 37 (S-06) Typical Light Gauge Metal Framing
Sheet 24 of 37 (M-01) HVAC Demolition Plan
Sheet 25 of 37 (M-02) HVAC Plan, Schedules & Details
Sheet 26 of 37 (P-01) Plumbing Demolition Plan
Sheet 27 of 37 (P-02) Sanitary & Domestic Plumbing Plans
Sheet 28 of 37 (P-03) Plumbing Schedules & Details
Sheet 29 of 37 (P-04) Plumbing Sanitary Isometric
Sheet 30 of 37 (FP-01) Fire Protection Plan
Sheet 31 of 37 (E-01) Electrical Symbol Legend and General Notes
Sheet 32 of 37 (E-02) Electrical Power and Fire Detection Demolition Plan
Sheet 33 of 37 (E-03) Electrical Lighting Demolition Plan
Sheet 34 of 37 (E-04) Electrical Power Plan
Sheet 35 of 37 (E-05) Electrical Lighting Plan
Sheet 36 of 37 (E-06) Electrical Fire Detection Plan
Sheet 37 of 37(E-07) Electrical One-Line Diagram (End of clause)
CLAUSES INCORPORATED BY FULL TEXT
252.236-7005 AIRFIELD SAFETY PRECAUTIONS. (DEC 1991)
(a) Definitions. As used in this clause --
(1) "Landing areas means" --
(i) The primary surfaces, comprising the surface of the runway, runway shoulders, and lateral safety zones. The length of each primary surface is the same as the runway length. The width of each primary surface is 2,000 feet (1,000 feet on each side of the runway centerline);
(ii) The "clear zone" beyond the ends of each runway, i.e., the extension of the primary surface for a distance of 1,000 feet beyond each end of each runway;
(iii) All taxiways, plus the lateral clearance zones along each side for the length of the taxiways (the outer edge of each lateral clearance zone is laterally 250 feet from the far or opposite edge of the taxiway, e.g., a 75-foot-wide taxiway would have a combined width of taxiway and lateral clearance zones of 425 feet); and
(iv) All aircraft parking aprons, plus the area 125 feet in width extending beyond each edge all around the aprons.
(2) "Safety precaution" areas means those portions of approach-departure clearance zones and transitional zones where placement of objects incident to contract performance might result in vertical projections at or above the approach-departure clearance, or the transitional surface.
(i) "The approach-departure clearance surface" is an extension of the primary surface and the clear zone at each end of each runway, for a distance of 50,000 feet, first along an inclined (glide angle) and then along a horizontal plane, both flaring symmetrically about the runway centerline extended.
(A) The inclined plane (glide angle) begins in the clear zone 200 feet past the end of the runway (and primary surface) at the same elevation as the end of the runway. It continues upward at a slope of 50:1 (1 foot vertically for each 50 feet horizontally) to an elevation of 500 feet above the established airfield elevation. At that point the plane becomes horizontal, continuing at that same uniform elevation to a point 50,000 feet longitudinally from the beginning of the inclined plane (glide angle) and ending there.
(B) The width of the surface at the beginning of the inclined plane (glide angle) is the same as the width of the clear zone. It then flares uniformly, reaching the maximum width of 16,000 feet at the end.
(ii) The "approach-departure clearance zone" is the ground area under the approach-departure clearance surface.
(iii) The "transitional surface" is a sideways extension of all primary surfaces, clear zones, and approach-departure clearance surfaces along inclined planes.
(A) The inclined plane in each case begins at the edge of the surface.
(B) The slope of the incline plane is 7:1 (1 foot vertically for each 7 feet horizontally). It continues to the point of intersection with the --
(1) Inner horizontal surface (which is the horizontal plane 150 feet above the established airfield elevation); or
(2) Outer horizontal surface (which is the horizontal plane 500 feet above the established airfield elevation), whichever is applicable.
(iv) The "transitional zone" is the ground area under the transitional surface. (It adjoins the primary surface, clear zone, and approach-departure clearance zone.)
(b) General. (1) The Contractor shall comply with the requirements of this clause while --
(i) Operating all ground equipment (mobile or stationary);
(ii) Placing all materials; and
(iii) Performing all work, upon and around all airfields.
(2) The requirements of this clause are in addition to any other safety requirements of this contract.
(c) The Contractor shall -
(1) Report to the Contracting Officer before initiating any work;
(2) Notify the Contracting Officer of proposed changes to locations and operations;
(3) Not permit either its equipment or personnel to use any runway for purposes other than aircraft operation without permission of the Contracting Officer, unless the runway is -
(i) Closed by order of the Contracting Officer; and
(ii) Marked as provided in paragraph (d)(2) of this clause;
(4) Keep all paved surfaces, such as runways, taxiways, and hardstands, clean at all times and, specifically, free from small stones which might damage aircraft propellers or jet aircraft;
(5) Operate mobile equipment according to the safety provisions of this clause, while actually performing work on the airfield. At all other times, the Contractor shall remove all mobile equipment to locations -
(i) Approved by the Contracting Officer;
(ii) At a distance of at least 750 feet from the runway centerline, plus any additional distance; and
(iii) Necessary to ensure compliance with the other provisions of this clause; and
(6) Not open a trench unless material is on hand and ready for placing in the trench. As soon as practicable after material has been placed and work approved, the Contractor shall backfill and compact trenches as required by the contract. Meanwhile, all hazardous conditions shall be marked and lighted in accordance with the other provisions of this clause.
(d) Landing areas. The Contractor shall -
(1) Place nothing upon the landing areas without the authorization of the Contracting Officer;
(2) Outline those landing areas hazardous to aircraft, using (unless otherwise authorized by the Contracting Officer) red flags by day, and electric, battery-operated low-intensity red flasher lights by night;
(3) Obtain, at an airfield where flying is controlled, additional permission from the control tower operator every time before entering any landing area, unless the landing area is marked as hazardous in accordance with paragraph (d)(2) of this clause;
(4) Identify all vehicles it operates in landing areas by means of a flag on a staff attached to, and flying above, the vehicle. The flag shall be three feet square, and consist of a checkered pattern of international orange and white squares of 1 foot on each side (except that the flag may vary up to ten percent from each of these dimensions);
(5) Mark all other equipment and materials in the landing areas, using the same marking devices as in paragraph (d)(2) of this clause; and
(6) Perform work so as to leave that portion of the landing area which is available to aircraft free from hazards, holes, piles of material, and projecting shoulders that might damage an airplane tire.
(e) Safety precaution areas. The Contractor shall -
(1) Place nothing upon the safety precaution areas without authorization of the Contracting Officer;
(2) Mark all equipment and materials in safety precaution areas, using (unless otherwise authorized by the Contracting Officer) red flags by day, and electric, battery-operated, low-intensity red flasher lights by night; and
(3) Provide all objects placed in safety precaution areas with a red light or red lantern at night, if the objects project above the approach-departure clearance surface or above the transitional surface.
CLAUSES INCORPORATED BY FULL TEXT
252.236-7006 COST LIMITATION (JAN 1997)
(a)Certain items in this solicitation are subject to statutory cost limitations. The limitations are stated in the Schedule.
(b)An offer which does not state separate prices for the items identified in the Schedule as subject to a cost limitation may be considered nonresponsive.
(c)Prices stated in offers for items subject to cost limitations shall include an appropriate apportionment of all costs, direct and indirect, overhead, and profit.
(d) Offers may be rejected which--
(1)Are materially unbalanced for the purpose of bringing items within cost limitations; or
(2)Exceed the cost limitations, unless the limitations have been waived by the Government prior to award.
(End of provision)
CLAUSES INCORPORATED BY FULL TEXT
5352.201-9101 Ombudsman.
As prescribed in 5301-9103, insert the following clause:
OMBUDSMAN (AUG 2005)
(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 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 OMBC A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsman, Ms Marsha R. Denning, HQ AFRC/A7KA, 255 Richard Ray Blvd, Robins AFB GA 31098-1635,Commercial Phone: 478-327-0587, Commercial FAX 478-327-1607, and e-mail marsha.denning@afrc.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned 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 (703) 588-7004, facsimile number (703) 588-1067.
(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.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODSs) (APR 2003)
(a) Unless the requiring activity has obtained prior Senior Acquisition Official (SAO) approval, contractors may 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.
[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 <http://www.e-publishing.af.mil/pubfiles/af/32/afi32-7086/afi32-7086.pdf>) 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 use one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]
(c) The requiring activity has obtained SAO approval to permit the contractor to use the following Class I ODS(s):
CLAUSES INCORPORATED BY FULL TEXT
5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (Aug 2007)
(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 police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, and valid vehicle insurance certificate 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) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with 910th security requirements and maintenance of a “Free Zone” and shall comply with any and all applicable paragraphs of AFI 31-101.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all…
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