FA8501-17-R-0001.pdf
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- Civil Engineering Multiple Award Construction Contract (CEMACC) Federal contract opportunity
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- FA8501-17-R-0001
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F3Q2AD6257A002
The resulting CEMAAC Contract w ill be utilized to fulf ill design-build construction requirements, as w ell as for construction only projects for Robins AFB, Ga.
This is a competitive Service Disabled Veteran Ow ned Small Buisness set-aside
There w ill be a site visit/pre-proposal conference on 11 Jan 2017 at 9:00 AM (EST). We w ill meet at the Museum of Aviation (at the large display in front of the main bldg) and the group w ill ride on to the base via bus transportation. The Museum of Avation is directly south of the base on Hw y 247. You must contact Joanna Whatley (joanna.w hatley@us.af.mil) and Angela Whitley (angela.w hitley@us.af.mil) NLT than NOON on 9 Jan 2017. We w ill have to have names of all attendees at that time. You w ill not be able to attend if you are not on attendee list.
All three demonstration projects sites w ill be visited at this time.
Please ensure your complete proposal is received NLT than the time specified in this RFP. The original Bid Bond shall be submitted to the address in block 7, ATTN: Joanna Whatley.
JOANNA M. WHATLEY 478-926-0497
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS
NEGOTIATED
22-Dec-2016
(RFP)
(IFB)
X
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________52.211-10
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________07 Feb 2017 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______180 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
AFSC/PZIOC - FA8501
INFRASTRUCTURE SUPPORT
375 PERRY STREET
BLDG 255
ROBINS AFB GA 31098-1672
FA8501
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
04:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: 478-926-3666 TEL: FAX:
FA8501-17-R-0001 50
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
CODE FACILITY CODE
17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified)
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print)
TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
FA8501-17-R-0001
Section A - Solicitation/Contract Form
NOTES
The CEMACC Program intends to award up to five (5) contracts at the time of initial award. In addition, up to (3) of the three lowest priced technically acceptable proposals that were NOT selected for award will be identified at the time of award as Program Reserves and notified of potential future on ramping opportunities as described herein. If it is determined at any point within the period of contract performance by the Contracting Officer that it is in the best interest of the Government to increase the current pool of CEMACC Program participants, the Government will offer contract(s) to the Program Reserves. The offer(s) will be presented to the Program Reserves in order of their established TEP from their proposal to solicitation FA8501- 17-R-0001 (lowest to highest price) until the CEMACC Program participant pool is at a level deemed acceptable by the Contracting Officer. The Contracting Officer has the sole and full discretion in determining the number of Program Reserve contracts to award based upon the need for increased competition, excessive workloads, poor performance, reduction in participant pool, and/or other bases deemed appropriate by the Contracting Officer. This process will be bilateral, requiring contractor acceptance for contract formation. The resulting contract will not exceed the remaining period of performance of this contract, will include the same terms and conditions of this contract, and will share in the aggregate ceiling of the CEMACC Program.
The award of a contract to a Program Reserve only entitles that contractor to the minimum award as outlined within this contract. The identification of a contractor as a Program Reserve does not create any obligation for the Government or the contractor and will not be the basis for a claim of equitable adjustment. Likewise, the awarding of a contract to a Program Reserve contractor is a contemplated future action and not a basis for challenge, claim, or protest by the existing CMACC Program participants.
No future Program Reserves will be identified after the time of initial award.
Contract Minimum/Maximum: Contract minimum-The Government shall purchase a minimum guaranteed quantity of $5,000 from each contract awarded as a result of this solicitation. Contract maximum- The Government shall not purchase more than $70 million as a result of all orders issued against all contracts awarded as a result of this solicitation. The Government estimates that it will purchase from each awarded contract no more than $14 million during the basic contract period, and $14 million during each annual option period. However, the latter are estimates only and are not binding on the Government.
The projects that have been selected as demonstration projects are active projects that the government intends to award this Fiscal Year. The government may elect to award these projects as minimum guarantee projects if it is determined to be in the best interest of the Government.
The Government is not responsible for any costs incurred or associated with preparation and submission of a proposal in response to this solicitation. Only the offerors selected for the CEMACC will be awarded an initial task order of $5,000 (as a minimum) to fulfill the minimum guarantee. The Government will not be responsible for any costs incurred or associated with preparation and submission of task order proposals solicited under the CEMACC IDIQ (with the exception of Government ordered changes resulting in a new proposal in an already awarded effort).
Bonds Requirements A. Each offeror shall submit a bid bond (Standard Form 24) in the amount of $2,800,000. This amount was established by taking 20% of the estimated value each year of contract. Total amount to be obligated against this contractis $70 million, therefore estimated yearly amount if $14 Million; twenty (20%) percent is $2,800,000.
B. Any performance and payment bonds required hereunder must be furnished by the Contractor to the Government within 10 days after task order award, and prior to receiving a notice to proceed, or being allowed to start work.
1. Performance Bond (Standard Form 25). The penal sum of the performance bond shall equal one hundred percent (100%) of the applicable task order amount.
2. Payment Bond (Stand Form 25a). The penal sum of the payment bond shall equal one hundred percent (100%) of the applicable task order amount.
IAW DFARS 236.204 Project Magnitude for the overall IDIQ is $25,000,000 and $100,000,000.
The Project Magnitude for the Demonstration Projects are as follows: UHHZ 150376 - $500,000
- $1,000,000, UHHZ 160049 - $250,000-$500,000 and UHHZ 160082 - $250,000-$500,000.
Oral Direction/Authorization to Proceed: If the Contracting Officer (CO) determines an imminent project to be of such an urgent or compelling nature to warrant immediate attention, the CO will provide oral direction/authorization to proceed with the project. Subsequently, the contractor will take appropriate action to compel project completion. All oral direction will be confirmed in writing within twenty-four hours. Failure by the contractor to respond to oral direction will be handled in accordance with 52.243-4 entitled “Changes”, and/or 52.216-18 entitled “Ordering”, and all other applicable terms and conditions of the contract. Absent written specification, the contractor will perform in accordance with master Construction Specification Institute (CSI) guidelines.
INSURANCE – WORK ON A GOVERNMENT INSTALLATION
Reference clause 52.228-5 – In accordance with Para. (“A”) therein, the minimum amounts of insurance required are as follows:
I. Employers Liability: $100,000
II. General Liability: Bodily injury liability coverage written on the comprehensive form of the policy: $500,000 per occurrence.
III. Automotive liability: Automobile liability insurance written on the comprehensive form of the policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies shall include at least $200,000 per person and $500,000 per occurrence for bodily injury, and $25,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.
AWARDING ORDERS UNDER MULTIPLE AWARD CONTRACTS
(a) All multiple award contractors shall be provided a fair opportunity to be considered for each order in excess of $3,000 pursuant to the procedures established in this clause, unless the contracting officer determines that:
(1) The agency’s need for the services or supplies is of such urgency that providing such opportunity to all such contractors would result in unacceptable delays;
(2) Only one such contractor is capable of providing the services or supplies at the level of quality required because the services or supplies ordered are unique or highly specialized;
(3) The task or delivery order should be issued on a sole source basis in the interest of economy or efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity pursuant to the procedures in this clause to be considered for the original order; or
(4) It is necessary to place an order to satisfy a minimum guarantee.
(b) Unless the procedures in paragraph (a) are used for awarding individual orders, multiple award contractors will be provided a fair opportunity to be considered for each order.
(c) Under the provisions of the Federal Acquisition Streamlining Act of 1994, 10 U.S.C. 2304
(c) (Public Law 103-355), a protest is not authorized in connection with the issuance or proposed issuance of an individual task or delivery order except for:
(1) A protest on the grounds that the order increases the scope, period, or maximum value of the contract under which the order is issued.
(2) A protest of an order valued in excess of $10 million. Protests of orders in excess of
$10 million may only be filed with the Government Accountability Office, in accordance with the procedures at 33.104.
(d) For this contract, the designated task or delivery order ombudsman is Ms. Kim McDonald (kim.mcdonald@robins.af.mil, WR-ALC/PKC, Bldg 300 West Wing, Robins AFB GA 31098- 1611). The task or delivery order ombudsman is responsible for reviewing complaints from multiple award contractors and ensuring that all of the contractors are afforded a fair opportunity to be considered for task and delivery orders in excess of $3,000, consistent with procedures in the contract. However, it is not within the designated task or delivery order contract ombudsman’s authority to prevent the issuance of an order or disturb an existing order.
(e) The rules in FAR 52.215-1(c) which apply to the submission, modification, revision, and withdrawal of proposals shall apply to the submission, modification, revision, and withdrawal of proposals for award of a task/delivery order under this IDIQ contract.
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Lot Basic Ordering Period
FFP
The contractor shall furnish all plant, labor, equipment, materials, design and personnel necesaarry to plan, design, manage and perform all work required by this IDIQ contract for CEMACC at Robins AFB Ga in strict accordance with contract documents. Individual task orders will be written in support of real property maintenance, repair, alteration and / or new construction at Robins AFB GA.
Project: 160306.
FOB: Destination
PURCHASE REQUEST NUMBER: F3Q2AD6257A002
NET AMT
1001 1 Lot OPTION Annual Option I
FFP
Annual Option 1 may be exercised on or before the last day of the Basic Contract Period and will be valid for a period of twelve (12) months immediately following the expiration of the Basic Contract Period. The contractor shall furnish all plant, labor, equipment, materials, design and personnel necesaarry to plan, design, manage and perform all work required by this IDIQ contract for CEMACC at Robins AFB Ga in strict accordance with contract documents.
Individual task orders will be written in support of real property maintenance, repair, alteration and / or new construction at Robins AFB GA. Project: 160306.
2001 1 Lot OPTION Annual Option II
FFP
Annual Option II may be exercised on or before the last day of Option I Contract Period and will be valid for a period of twelve (12) months immediately following the expiration of the Option I Contract Period.
The contractor shall furnish all plant, labor, equipment, materials, design and personnel necesaarry to plan, design, manage and perform all work required by this IDIQ contract for CEMACC at Robins AFB Ga in strict accordance with contract documents. Individual task orders will be written in support of real property maintenance, repair, alteration and / or new construction at Robins AFB GA.
3001 1 Lot OPTION Annual Option III
FFP
Annual Option III may be exercised on or before the last day of Option II Contract Period and will be valid for a period of twelve (12) months immediately following the expiration of the Option II Contract Period.
The contractor shall furnish all plant, labor, equipment, materials, design and personnel necesaarry to plan, design, manage and perform all work required by this IDIQ contract for CEMACC at Robins AFB Ga in strict accordance with contract documents. Individual task orders will be written in support of real property maintenance, repair, alteration and / or new construction at Robins AFB GA.
4001 1 Lot OPTION Annual Option IV
FFP
Annual Option IV may be exercised on or before the last day of Option III Contract Period and will be valid for a period of twelve (12) months immediately following the expiration of the Option III Contract Period.
The contractor shall furnish all plant, labor, equipment, materials, design and personnel necesaarry to plan, design, manage and perform all work required by this IDIQ contract for CEMACC at Robins AFB Ga in strict accordance with contract documents. Individual task orders will be written in support of real property maintenance, repair, alteration and / or new construction at Robins AFB GA.
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 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-MAY-2017 TO
30-APR-2018
N/A SEE SCHEDULE - F3Q2AD
SEE SCHEDULE
SEE SCHEDULE
ROBINS AFB GA 31098
F3Q2AD
1001 POP 01-MAY-2018 TO
30-APR-2019
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-MAY-2019 TO
30-APR-2020
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-MAY-2020 TO
30-APR-2021
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-MAY-2021 TO
30-APR-2022
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.228-15 Performance and Payment Bonds--Construction OCT 2010
Section G - Contract Administration Data
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Construction
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
To Be Provided at the Task Order Level
(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 TBD Issue By DoDAAC TBD Admin DoDAAC TBD Inspect By DoDAAC TBD Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
To be Determined at Task Order level
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
To be Determined at Task Order level
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
Section I - Contract Clauses
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-14 Display of Hotline Poster(s) OCT 2015 52.204-1 Approval of Contract DEC 1989 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2015
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
JUL 2013
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
AUG 2011
52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data -- Modifications
OCT 2010
52.215-23 Limitations on Pass-Through Charges OCT 2009 52.216-7 Alt I Allowable Cost and Payment (Jun 2013) - Alternate I FEB 1997 52.219-8 Utilization of Small Business Concerns OCT 2014 52.219-14 Limitations On Subcontracting NOV 2011 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business
Set-Aside
NOV 2011
52.222-3 Convict Labor JUN 2003 52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014
52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-27 Affirmative Action Compliance Requirements for
Construction
APR 2015
52.222-30 Construction Wage Rate Requirements--Price Adjustment (None or Separately Specified Method)
MAY 2014
52.222-34 Project Labor Agreement MAY 2010 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-11 Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons.
JUN 2016
52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer Products - Alternate I
JUN 2014
52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
MAY 2008
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-1 Utilization Of Indian Organizations And Indian-Owned
Economic Enterprises
JUN 2000
52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
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 JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-10 Payments under Fixed-Price Architect-Engineer Contracts APR 2010 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-25 Prompt Payment JUL 2013 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-23 Responsibility of the Architect-Engineer Contractor APR 1984 52.236-24 Work Oversight in Architect-Engineer Contracts APR 1984 52.236-25 Requirements for Registration of Designers JUN 2003 52.236-26 Preconstruction Conference FEB 1995 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.243-5 Changes and Changed Conditions APR 1984 52.244-4 Subcontractors and Outside Associates and Consultants
(Architect-Engineer Services)
AUG 1998
52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items JUN 2016 52.245-1 Government Property APR 2012 52.245-9 Use And Charges APR 2012 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-2 Alt I Termination for Convenience of the Government (Fixed- Price) (Apr 2012) - Alternate I
SEP 1996
52.249-7 Termination (Fixed-Price Architect-Engineer) APR 1984 52.249-10 Default (Fixed-Price Construction) APR 1984 52.251-1 Government Supply Sources APR 2012 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.215-7000 Pricing Adjustments DEC 2012 252.219-7004 Small Business Subcontracting Plan (Test Program) OCT 2014 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements MAY 2010
252.222-7999 ADDITIONAL REQUIRMENTS AND RSPONSIBILITIES
RESTRICTING THE USE OF MANDATORY
ARBITRATION AGREEMENET (DEVIATION)
FEB 2010
252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7002 Qualifying Country Sources As Subcontractors AUG 2016 252.225-7012 Preference For Certain Domestic Commodities AUG 2016 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
SEP 2004
252.227-7022 Government Rights (Unlimited) MAR 1979 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.236-7005 Airfield Safety Precautions DEC 1991 252.236-7006 Cost Limitation JAN 1997 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.239-7004 Orders For Facilities And Services NOV 2005 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property APR 2012 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal SEP 2016 252.246-7005 Notice of Warranty Tracking of Serialized Items MAR 2016 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7023 Alt II Transportation of Supplies by Sea (APR 2014) Alternate II APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.
(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.
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 $329.00 for the first day of delay and $266.00 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.
52.216-18 ORDERING. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of award through last day of any exercised ordering period.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00 (insert dollar figure or quantity), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $5,000,000.00;
(2) Any order for a combination of items in excess of $15,000,000.00 or
(3) A series of orders from the same ordering office within 3 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 1days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after Completed Performance of last task order issued.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
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/content/table-small-business-size-standards.
(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 representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, 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 SAM, or does not have a representation in SAM 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 to be cited at award.
(Contractor to sign and date and insert authorized signer's name and title).
52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME COMPENSATION.
(MAY 2014)
(a) Overtime requirements. No Contractor or subcontractor employing laborers or mechanics (see Federal Acquisition Regulation 22.300) shall require or permit them to work over 40 hours in any workweek unless they are paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours.
(b) Violation; liability for unpaid wages; liquidated damages. The responsible Contractor and subcontractor are liable for unpaid wages if they violate the terms in paragraph (a) of this clause. In addition, the Contractor and subcontractor are liable for liquidated damages payable to the Government. The Contracting Officer will assess liquidated damages at the rate of $10 per affected employee for each calendar day on which the employer required or permitted the employee to work in excess of the standard workweek of 40 hours without paying overtime wages required by the Contract Work Hours and Safety Standards statute (found at 40 U.S.C. chapter 37).
(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer will withhold from payments due under the contract sufficient funds required to satisfy any Contractor or subcontractor liabilities for unpaid wages and liquidated damages. If amounts withheld under the contract are insufficient to satisfy Contractor or subcontractor liabilities, the Contracting Officer will withhold payments from other Federal or Federally assisted contracts held by the same Contractor that are subject to the Contract Work Hours and Safety Standards statute.
(d) Payrolls and basic records.
(1) The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and mechanics working on the contract during the contract and shall make them available to the Government until 3 years after contract completion. The records shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records need not duplicate those required for construction work by Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Construction Wage Rate Requirements statute.
(2) The Contractor and its subcontractors shall allow authorized representatives of the Contracting Officer or the Department of Labor to inspect, copy, or transcribe records maintained under paragraph (d)(1) of this clause. The Contractor or subcontractor also shall allow authorized representatives of the Contracting Officer or Department of Labor to interview employees in the workplace during working hours.
(e) Subcontracts. The Contractor shall insert the provisions set forth in paragraphs (a) through (d) of this clause in subcontracts that may require or involve the employment of laborers and mechanics and require subcontractors to include these provisions in any such lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs (a) through (d) of this clause.
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,'' ``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-
DESIGNATED ITEMS (MAY 2008)
(a) Definitions. As used in this clause--
Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”
Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall--
(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and
(2) Submit this estimate to Angela D. Whitley (Contracting Officer complete in accordance with agency procedures).
52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)
Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply (including construction material) that is--
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products.
Component means an article, material, or supply incorporated directly into a construction material.
Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.
Materials purchased…
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