Solicitation_-_FA850119BA001.pdf
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- Attached to
- CEMACC II Federal contract opportunity
- Solicitation number
- FA8501-19-B-A001
About this file
This solicitation is for the CEMACC II indefinite delivery, indefinite quantity construction contract at Robins Air Force Base. Up to five contracts will be awarded to provide design-build and design-bid-build construction services for maintenance, repair, alteration, and new construction projects. Work may include specialty construction, utilities, design/build, and hazardous material remediation. The contract period of performance is one year for the basic ordering period with four one-year option periods. The total contract value is not to exceed $95 million over the five-year period. Individual task order values typically range from $250,000 to $3 million. The solicitation is restricted to verified service-disabled veteran-owned small businesses. Offerors must be registered in the System for Award Management prior to award. Responses are due by August 15, 2019.
Solicitation FA8501-19-B-A001
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IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER
7. ISSUED BY CODE 8. ADDRESS OFFER TO
9. FOR INFORMATION
CALL:
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
b. An offer guarantee is, is not required.
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
STANDARD FORM 1442 (REV. 8/2014)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d)
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
12b. CALENDAR DAYS
YES NO
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED PAGE OF PAGES
AMOUNTS
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
CODE FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT
NUMBER
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
21. ITEMS ACCEPTED:
AWARD (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA
BY
31c. DATE
STANDARD FORM 1442 (REV. 8/2014) BACK
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )
26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY
FA850119BA001
Section A - Solicitation/Contract Form
Section B - Supplies or Services and Prices/Cost
Additional Information/Notes
The CEMACC II Program intends to award up to five (5) contracts at the time of initial award. In addition, up to (3) of the lowest priced bids 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 bid to solicitation FA8501-19-B-A001 (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 CEMACC II 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 $95 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 project that has been selected as a demonstration project is an active project that the government intends to award this Fiscal Year. The government may elect to award this project as a minimum guarantee project if it is determined to be in the best interest of the Government. However, the government will not be obligated to award the demonstration project. The Government is not responsible for any costs incurred or associated with preparation and submission of a bid in response to this solicitation. Only the offerors selected for the CEMACC II 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 II IDIQ (with the exception of Government ordered changes resulting in a new proposal in an already awarded effort).
BID OPENING DETAILS
SEALED BIDDING LOCATION
Sealed Bidding Procedures **Emailed bids will not be accepted. Mailed offers accepted. If mailing a bid, the bidder is fully responsible for ensuring its bid is received by the Government by the time prescribed. Delays in the off-base or on-base postal system will not be a basis for accepting a late bid. Bidder may contact the solicitation points of contact to confirm receipt of mailed bids.
The bid opening will occur on 15 August 2019 at 2:00 PM (EST). Bid opening will be located at the Museum of Aviation
- Eagle Conference Room. Directions can be found at www.museumofaviation.org. Bids can be brought to this location approximately one hour prior to bid opening. Bid opening shall begin at 2:00 PM (EST) SHARP and no further bids will be accepted. NOTE: Due to limited space ONE representative per Prime contractor is allowed at the Bid Opening.
Optional Bid Submission A locked bid box will be located at the Warner Robins Small Business Office located outside Robins AFB near the main gate (Watson Blvd.) and HWY 247, the address is listed below. Bids can be dropped off at this location from 12 August 2019 at 8:00 AM (EST) through 15 August 2019 at 1:00 PM (EST). All bids after this time shall be taken to the bid opening location (Museum of Aviation - Eagle Conference Room) and received before 15 August 2019 at 2:00 PM (EST). No bids will be accepted after the deadline. Small Business Office hours are typically 8:00 AM to 4:00 PM.
Small Business Office 50 Richard Ray Boulevard, Building 205 Robins AFB, GA
Mailed offers are accepted and shall be sent to the address below. If mailing a bid, the bidder is fully responsible for ensuring its bid is received by the Government by the time prescribed. Delays in the off-base or on-base postal system will not be a basis for accepting a late bid. Bidder may contact the solicitation points of contact to confirm receipt of mailed bids.
Again, NO bids will be accepted after the deadline of the Invitation for Bid (IFB).
AFSC/PZIOC
Infrastructure Support Attention: Sam Norry/Angela Whitley 375 Perry Street Bldg. 255 Robins AFB, GA 31098-3666 NOTE: We strongly recommend the contractor visit the site to determine the complexity of the work and the amount of material required for this project. Field measurements may have been necessary to determine the size and quantity of materials. Conditions that the Contracting Officer decides would have been obvious or visible to the contractor on inspection at the site visit will NOT be considered under the Differing Site Conditions provision of the contract.
Bonds Requirements A. Each offeror shall submit a bid bond (Standard Form 24) in the amount of $3,800,000.00. This amount was established by taking 20% of the estimated value of each year of the contract. Total amount to be obligated against this contract is $95 million; therefore the estimated yearly amount is $19 million; twenty (20%) percent is $3,800,000.00. ALL BID BONDS MUST
BE STATED IN ACTUAL DOLLAR AMOUNTS AS PERCENTAGE ONLY WILL NOT BE ACCEPTED.
NOTE: IT IS HIGHLY SUGGESTED TO USE THE ATTACHED SAMPLE BID BOND DOCUMENT. ALL BIDS MUST INCLUDE A BID BOND WITH THE ADEQUATE PENAL SUM OF BOND AMOUNT AS SHOWN IN THE ATTACHED SAMPLE BID BOND. THE SUBMISSION OF INCORRECT BID BOND DOCUMENTS WILL MAKE AN OFFEROR NON-
RESPONSIVE AND THEREFORE INELIGIBLE FOR AWARD.
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 Project is $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 $25 million. Protests of orders in excess of $25 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 Mr. Tim Inman (timothy.inman@us.af.mil, AFMC/ PK). 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 16.5 Fair Opportunity Ordering, 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.
Contract Line Item (CLIN) Maximums: The maximum values indicated on the individual CLINs are representational of the total CEMACC program maximum of $95 million equally distributed between the Basic and Option years. The CLIN maximums are placeholder estimates only and included on the contract for administrative purposes only. The CLIN maximums are not binding on the Government and do not limit the Government's use of any CLIN or combination of CLINs up to the contract maximum of $95 million.
Item Supplies/Service Quantity Unit Unit Price Amount
0001 Basic Ordering Period FFP The contractor shall furnish all plant, labor, equipment, materials, design, and personnel necessary to plan, design, manage, and perform all work required by this IDIQ contract for CEMACC II 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: 1080274.
Firm Fixed Price
1.0 Lot
Option Line Item
Annual Option I FFP The contractor shall furnish all plant, labor, equipment, materials, design, and personnel necessary to plan, design, manage, and perform all work required by this IDIQ contract for CEMACC II 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: 1080274.
Firm Fixed Price
1.0 Lot
Option Line Item
Annual Option II FFP The contractor shall furnish all plant, labor, equipment, materials, design, and personnel necessary to plan, design, manage, and perform all work required by this IDIQ
1.0 Lot
contract for CEMACC II 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: 1080274.
Firm Fixed Price
Option Line Item
Annual Option III FFP The contractor shall furnish all plant, labor, equipment, materials, design, and personnel necessary to plan, design, manage, and perform all work required by this IDIQ contract for CEMACC II 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: 1080274.
Firm Fixed Price
1.0 Lot
Option Line Item
Annual Option IV FFP The contractor shall furnish all plant, labor, equipment, materials, design, and personnel necessary to plan, design, manage, and perform all work required by this IDIQ contract for CEMACC II 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: 1080274.
Firm Fixed Price
1.0 Lot
Option Line Item
Optional Six Month Contract Extension IAW FAR 52.217-8, Option to Extend Services FFP The contractor shall furnish all plant, labor, equipment, materials, design, and personnel necessary to plan, design, manage, and perform all work required by this IDIQ contract for CEMACC II 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: 1080274.
Firm Fixed Price
1.0 Lot
Section C - Description/Specifications/Statement of Work
Requirements
CEMACC II
Section D - Packaging and Marking
Section E - Inspection and Acceptance
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.246-12 Inspection of Construction. 1996-08
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. 2012-04 0001 Inspection and Acceptance Location
Both Destination Instructions: N/A
DoDAAC: F3Q2AD Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
CIVIL ENGINEER GROUP CEG
775 MACON ST
AF BPN NO MILSBILLS PROCESSES
ROBINS, GA 31098
United States
OfficeCode:
Stuart Farmer Telephone: 478-327-2908 Email: stuart.farmer@us.af.mil
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: N/A
DoDAAC: F3Q2AD Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
CIVIL ENGINEER GROUP CEG
775 MACON ST
AF BPN NO MILSBILLS PROCESSES
ROBINS, GA 31098
United States
OfficeCode:
Stuart Farmer Telephone: 478-327-2908 Email: stuart.farmer@us.af.mil
Option Line Item
Inspection and Acceptance Location
Both
Destination Instructions: N/A
DoDAAC: F3Q2AD Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
CIVIL ENGINEER GROUP CEG
775 MACON ST
AF BPN NO MILSBILLS PROCESSES
ROBINS, GA 31098
United States
OfficeCode:
Stuart Farmer Telephone: 478-327-2908 Email: stuart.farmer@us.af.mil
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: N/A
DoDAAC: F3Q2AD Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
CIVIL ENGINEER GROUP CEG
775 MACON ST
AF BPN NO MILSBILLS PROCESSES
ROBINS, GA 31098
United States
OfficeCode:
Stuart Farmer Telephone: 478-327-2908 Email: stuart.farmer@us.af.mil
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: N/A
DoDAAC: F3Q2AD Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
CIVIL ENGINEER GROUP CEG
775 MACON ST
AF BPN NO MILSBILLS PROCESSES
ROBINS, GA 31098
United States
OfficeCode:
Stuart Farmer Telephone: 478-327-2908 Email: stuart.farmer@us.af.mil
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: N/A
DoDAAC: F3Q2AD Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
CIVIL ENGINEER GROUP CEG
775 MACON ST
AF BPN NO MILSBILLS PROCESSES
ROBINS, GA 31098
United States
OfficeCode:
Stuart Farmer Telephone: 478-327-2908 Email: stuart.farmer@us.af.mil
Section F - Deliveries or Performance
The period of performance is as follows:
The ordering period for the basic contract is 365 days from award.
The ordering period for Annual Option 1 is 365 days from award to 730 days after award.
The ordering period for Annual Option 2 is 730 days from award to 1095 days after award.
The ordering period for Annual Option 3 is 1095 days from award to 1460 days after award.
The ordering period for Annual Option 4 is 1460 days from award to 1825 days after award.
The basic contract period is 365 days after the date of award.
Annual Option 1 may be exercised within 730 days after date of award.
Annual Option 2 may be exercised within 1095 days after date of award.
Annual Option 3 may be exercised within 1460 days after date of award.
Annual Option 4 may be exercised within 1825 days after date of award.
Any option(s) to extend services in accordance with FAR 52.217-8 may be exercised within 2005 days after award.
Option Line Item
Option Line Item
Option Line Item
Option Line Item
Option Line Item
FAR Clauses Incorporated by Full Text
52.211-10 Commencement, Prosecution, and Completion of Work. 1984-04 As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction. Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to (a)commence work under this contract within __NOTE: For Demonstration Project; 28 days after award NOTE: For demonstration project; 91 days for project completion.* The time stated for completion shall include final cleanup of the premises. * The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.236-7000 Modification Proposals--Price Breakdown. 1991-12
FAR Clauses Incorporated by Full Text
52.232-10 Payments under Fixed-Price Architect-Engineer Contracts. 2010-04 As prescribed in 32.111(c)(1), insert the following clause: Payments under Fixed-Price Architect-Engineer Contracts (Apr 2010) (a) Estimates shall be made monthly of the amount and value of the work and services performed by the Contractor under this contract which meet the standards of quality established under this contract. The estimates, along with any supporting data required by the Contracting Officer, shall be prepared by the Contractor and submitted along with its voucher.
(b) After receipt of each substantiated voucher, the Government shall pay the voucher as approved by the Contracting Officer or authorized representative. The Contracting Officer shall require a withholding from amounts due under paragraph (a) of this clause of up to 10 percent only if the Contracting Officer determines that such a withholding is necessary to protect the Government's interest and ensure satisfactory completion of the contract. The amount withheld shall be determined based upon the Contractor's performance record under this contract. Whenever the Contracting Officer determines that the work is substantially complete and that the amount retained is in excess of the amount adequate for the protection of the Government, the Contracting Officer shall release the excess amount to the Contractor. (c) Upon satisfactory completion by the Contractor and final acceptance by the Contracting Officer of all the work done by the Contractor under the "Statement of Architect-Engineer Services", the Contractor will be paid the unpaid balance of any money due for work under the statement, including all withheld amounts. (d) Before final payment under the contract, or before settlement upon termination of the contract, and as a condition precedent thereto, the Contractor shall execute and deliver to the Contracting Officer a release of all claims against the Government arising under or by virtue of this contract, other than any claims that are specifically excepted by the Contractor from the operation of the release in amounts stated in the release. (e) Notwithstanding any other provision in this contract, and specifically paragraph (b) of this clause, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes. (End of clause)
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12 As prescribed in 232.7004(b), use the following clause: WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) Definitions. As used in this clause- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/ (e) WAWF methods of document submission.
Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order: (1) Document type. The Contractor shall submit payment requests using the following document type(s): (i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher. (ii)
For fixed price line items (A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. __COMBO__ (Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.) (B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer. __DESTINATION__ (Contracting Officer: Insert either Invoice 2in1 or the applicable invoice and receiving report document type(s) for fixed price line items for services.) (iii) For customary progress payments based on costs incurred, submit a progress payment request. (iv) For performance based payments, submit a performance based payment request. (v) For commercial item financing, submit a commercial item financing request. (2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract. (f) [Note: The Contractor may use a WAWF combo document type to create some combinations of invoice and receiving report in one step.] (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* | Field Name in WAWF || Data to be entered in WAWF || Pay Official DoDAAC || __F03000__ || Issue By DoDAAC || __FA8501__ || Admin DoDAAC || __FA8501__ || Inspect By DoDAAC || __F3Q2AD__ || Ship To Code || ____ || Ship From Code || ____ || Mark For Code || __F3Q2AD__ || Service Approver (DoDAAC) || ____ || Service Acceptor (DoDAAC) || ____ || Accept at Other DoDAAC || ____ || LPO DoDAAC || ____ || DCAA Auditor DoDAAC || ____ || Other DoDAAC(s) || ____ | (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert See Schedule or Not applicable.) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a) (13).) (4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable. (5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activitys WAWF point of contact. __Angela Whitley/PZIOC/ angela.whitley@us.af.mil__ (Contracting Officer: Insert applicable information or Not applicable.) (2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed. (End of clause)
Section H - Special Contract Requirements
Section I - Contract Clauses
AFFARS 5352.223-9001 (NOV 2012) Health and Safety on Government Installations
(a) In performing work under this contract on a Government installation, the contractor shall:
(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and
(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.
(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/ or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.
(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.
(End of clause)
52.232-5 -- Payments Under Fixed-Price Construction Contracts.
As prescribed in 32.111(a)(5), insert the following clause:
Payments under Fixed-Price Construction Contracts (May 2014)
(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.
(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.
(1) The Contractor's request for progress payments shall include the following substantiation:
(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.
(ii) A listing of the amount included for work performed by each subcontractor under the contract.
(iii) A listing of the total amount of each subcontract under the contract.
(iv) A listing of the amounts previously paid to each such subcontractor under the contract.
(v) Additional supporting data in a form and detail required by the Contracting Officer.
(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if --
(i) Consideration is specifically authorized by this contract; and
(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.
(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)
I hereby certify, to the best of my knowledge and belief, that --
(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;
(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;
(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and
(4) This certification is not to be construed as final acceptance of a subcontractor's performance.
(Name)
(Title)
(Date)
(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall --
(1) Notify the Contracting Officer of such performance deficiency; and
(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph
(j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until --
(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or
(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.
(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.
(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as --
(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or
(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.
(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.
(h) Final payment. The Government shall pay the amount due the Contractor under this contract after --
(1) Completion and acceptance of all work;
(2) Presentation of a properly executed voucher; and
(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 6305).
(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.
(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under subparagraph (d)(2) of this clause shall be --
(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount; and
(2) Deducted from the next available payment to the Contractor.
(End of Clause)
52.222-22 -- Previous Contracts and Compliance Reports.
As prescribed in 22.810(a)(2), insert the following provision:
Previous Contracts and Compliance Reports (Feb 1999)
The offeror represents that --
(a) It * has, * has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;
(b) It * has, * has not filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
(End of Provision)
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.202-1 Definitions. 2013-11 52.203-5 Covenant Against Contingent Fees. 2014-05 52.203-6 Restrictions on Subcontractor Sales to the Government. 2006-09 52.203-7 Anti-Kickback Procedures. 2014-05 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper
Activity.
2014-05
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 52.203-13 Contractor Code of Business Ethics and Conduct. 2015-10 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform
Employees of Whistleblower Rights.
2014-04
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.
2017-01
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
2017-01
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.2011-05 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07
52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12 52.204-22 Alternative Line Item Proposal. 2017-01 52.204-23 Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and Other Covered Entities.
2018-07
52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts).
2016-10
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
2015-10
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a
Felony Conviction under any Federal Law.
2016-02
52.210-1 Market Research. 2011-04 52.214-26 Audit and Records-Sealed Bidding. 2010-10 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data-
Modifications-Sealed Bidding.
2011-08
52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding.
2010-10
52.214-29 Order of Precedence-Sealed Bidding. 1986-01 52.215-23 Limitations on Pass-Through Charges. 2009-10 52.215-23 Alternate I Limitations on Pass-Through Charges. - (Alternate I) 2009-10 52.219-6 Deviation 2019- O0003
Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003) 2011-11
52.219-8 Utilization of Small Business Concerns. 2018-10 52.219-13 Notice of Set-Aside of Orders. 2011-11 52.219-14 Deviation 2019- O0003
Limitations on Subcontracting (DEVIATION 2019-O0003) 2017-01
52.219-27 Deviation 2019- O0003
Notice of Service-Disabled Veteran-Owned Small Business Set-Aside
(DEVIATION 2019-O0003)
2011-11
52.222-3 Convict Labor. 2003-06 52.222-6 Construction Wage Rate Requirements. 2018-08 52.222-7 Withholding of Funds. 2014-05 52.222-8 Payrolls and Basic Records. 2018-08 52.222-9 Apprentices and Trainees. 2005-07 52.222-10 Compliance with Copeland Act Requirements. 1988-02 52.222-11 Subcontracts (Labor Standards). 2014-05 52.222-12 Contract Termination-Debarment. 2014-05 52.222-13 Compliance with Construction Wage Rate Requirements and Related
Regulations.
2014-05
52.222-14 Disputes Concerning Labor Standards. 1988-02 52.222-15 Certification of Eligibility. 2014-05 52.222-17 Nondisplacement of Qualified Workers. 2014-05 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-27 Affirmative Action Compliance Requirements for Construction. 2015-04 52.222-37 Employment Reports on Veterans. 2016-02 52.222-41 Service Contract Labor Standards. 2018-08 52.222-54 Employment Eligibility Verification. 2015-10 52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.223-19 Compliance with Environmental Management Systems. 2011-05 52.223-21 Foams. 2016-06 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.228-2 Additional Bond Security. 1997-10 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.228-11 Pledges of Assets. 2018-08 52.228-12 Prospective Subcontractor Requests for Bonds. 2014-05 52.228-14 Irrevocable Letter of Credit. 2014-11 52.229-3 Federal, State, and Local Taxes. 2013-02 52.232-17 Interest. 2014-05 52.232-18 Availability of Funds. 1984-04 52.232-23 Assignment of Claims. 2014-05 52.232-33 Payment by Electronic Funds Transfer-System for Award Management.2018-10
52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.236-2 Differing Site Conditions. 1984-04 52.236-3 Site Investigation and Conditions Affecting the Work. 1984-04 52.236-5 Material and Workmanship. 1984-04 52.236-6 Superintendence by the Contractor. 1984-04 52.236-7 Permits and Responsibilities. 1991-11 52.236-8 Other Contracts. 1984-04 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and
Improvements.
1984-04
52.236-10 Operations and Storage Areas. 1984-04 52.236-11 Use and Possession Prior to Completion. 1984-04 52.236-12 Cleaning Up. 1984-04 52.236-13 Accident Prevention. 1991-11 52.236-15 Schedules for Construction Contracts. 1984-04 52.236-23 Responsibility of the Architect-Engineer Contractor. 1984-04 52.236-24 Work Oversight in Architect-Engineer Contracts. 1984-04 52.242-13 Bankruptcy. 1995-07 52.242-14 Suspension of Work. 1984-04 52.243-1 Alternate III Changes-Fixed-Price. - (Alternate III) 1987-08 52.243-4 Changes. 2007-06 52.244-4 Subcontractors and Outside Associates and Consultants (Architect-
Engineer Services).
1998-08
52.244-6 Subcontracts for Commercial Items. 2019-01 52.245-1 Government Property. 2017-01 52.249-4 Termination for Convenience of the Government (Services) (Short
Form).
1984-04
52.249-7 Termination (Fixed-Price Architect-Engineer). 1984-04 52.249-10 Default (Fixed-Price Construction). 1984-04
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-
Related Felonies.
2008-12
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.203-7003 Agency Office of the Inspector General. As prescribed in 203.1004(a), use the following clause:
2012-12
252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident
Reporting.
2016-10
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the
Government of a Country that is a State Sponsor of Terrorism.
2015-10
252.211-7007 Reporting of Government-Furnished Property. 2012-08 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 252.223-7004 Drug-Free Work Force. 1988-09 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous
Materials.
2014-09
252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 252.225-7048 Export-Controlled Items. 2013-06 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic
Enterprises, and Native Hawaiian Small Business Concerns.
2004-09
252.232-7010 Levies on Contract Payments. 2006-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment.
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