FA8601-15-R-0030.pdf
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- Repair-Replace Steam Pipe Stanchions Federal contract opportunity
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- FA8601-15-R-0030
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Repair/Replace Steam Stanchions Area B
This acquisition w ill be competed as a Small Business Set-Aside.
Estimated Magnitude of proposed acquisition is betw een $1,000,000 and $5,000,000.
NAICS: 238110 SIZE STANDARD: $15M
*REFERENCE SECTION A, ADDITIONAL BLOCK 10 INFORMATION, FOR FURTHER DETAILS
JONATHAN L HERD 937-522-4562
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS
NEGOTIATED
24-Jun-2015
(RFP)
(IFB)
X
CALL:
Repair and Replace Steam Stanchions, Area B
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X 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 specif ied in Item 8 by ___________ local time ______________24 Jul 2015 (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 _______160 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
AFLCMC/PZIOCB - CONSTRUCTION SECTION B
POC: JONATHAN L HERD
1940 ALLBROOK DRIVE, ROOM 111
WRIGHT-PATTERSON AFB OH 45433-5344
FA8601
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
10:00 AM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
090018
8. ADDRESS OFFER TO (If Other Than Item 7)
937-257-2825FAX:TEL: 937-522-4562 TEL: FAX:
FA8601-15-R-0030 52
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
FA8601-15-R-0030
Section A - Solicitation/Contract Form
ADDITIONAL BLOCK 10 INFO
ADDITIONAL BLOCK 10 INFORMATION
Enter price in Section B. Please use a Typewriter or Black Ink
This is a Request for Proposal. A public bid opening will not be held.
SITE VISIT WILL TAKE PLACE ON: 7 Jul 2015 at 2:00 p.m EST. (See further instruction in Section L. provision
52.236-27 Alt 1)
Note 1: Hard copies of the solicitation will not be provided. The documents may be found and downloaded at:
http://www.fbo.gov
Note 2: “Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.”
Note 3: The insurance required for FAR52.228-5 shall be IAW FAR 28.310.
Note 4: Any prospective offeror desiring an explanation or interpretation of the solicitation or associated documents must request so in writing no later than ten (10) days prior to the closing date.
Note 5: Any and all costs incurred by a prospective offeror as a result of this solicitation are entirely at the offeror's own risk.
Note 6: An award prior to 30 September 2015 would require the contractor to begin performance within 90 days of award date in order to meet Bona Fide Need.
http://www.fbo.gov/
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Project Project 090018 Rpr/Rpl Steam Stanchions
FFP
A lump sum bid shall be submitted for all work for project ZHTV090018 to furnish all materials and perform all labor required to Repair/Replace Steam Stanchions, including associated architectural, civil, structural and miscellanous work as shown on the project drawings and described in the specifications listed in Section J of the
SF1442 with the exception for the excavation of approximately 35 cubic yards of rock anticipated as part of the earthwork removal.
FOB: Destination
SIGNAL CODE: A
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Project Rock Excavation - Proj
FFP
A lump sum bid shall be submitted for the excavation of approximately 35 cubic yards of rock in accordance with the drawings and specifications in Section J of the
SF1442.
SIGNAL CODE: A
NET AMT
Section C - Descriptions and Specifications
PZIOC C-001
PZIOC C-001 - Descriptions and Specifications (NOV 2012)
All drawings, specifications, and addenda (if applicable) are included as attachments to this document as indicated in
Section J, List of Attachments.
Section E - Inspection and Acceptance
PZIOC E-001
PZIOC E-001 - INSPECTION AND ACCEPTANCE (NOV 2012)
(IAW FAR 46.401(b) and 46.503)
Inspection and acceptance of the overall effort will be performed at Wright-Patterson AFB OH by 88 ABW/CEP.
(End of Clause)
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-12 Inspection of Construction AUG 1996
52.246-13 Inspection--Dismantling, Demolition, or Removal of
Improvements
AUG 1996
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 365 dys. ADC 1 88 CEG CERF
MIKE BURNS
1450 LITTRELL RD
WRIGHT-PATTERSON AFB OH 45433-5209
937-656-3444
F4F2AA
0002 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
F4F2AA
52.242-17 Government Delay Of Work APR 1984
52.247-34 F.O.B. Destination NOV 1991
Section G - Contract Administration Data
PZIOC G-002 - CONTRACT HOLIDAY
PZIOC G-002 - CONTRACT HOLIDAYS (NOV 2012)
The following days are contract holidays: New Year’s Day; Martin Luther King’s Birthday; Presidents’ Day;
Memorial Day; Independence Day; Labor Day; Columbus Day; Veteran’s Day; Thanksgiving Day; Christmas Day.
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 Invoice
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in
WAWF, as specified by the contracting officer.
FOB: D
(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 FA8601
Admin DoDAAC FA8601
Inspect By DoDAAC F4F2AA
Ship To Code F4F2AA
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) ____
Service Acceptor (DoDAAC) FA8601
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional
Email Notifications” field of WAWF once a document is submitted in the system.
Contract Administrator: Jonathan.herd.3@us.af.mil
Contracting Officer/Acceptor: James.bane.4@us.af.mil
Inspector: michael.tibbs@us.af.mil
Additional Contact: william.armour.1@us.af.mil
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
Contract Administrator: Jon Herd Jonathan.herd.3@us.af.mil 937-522-4562
Contracting Officer/Acceptor: James Bane James.bane.4@us.af.mil 937-522-4546
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause) mailto:Jonathan.herd.3@us.af.mil mailto:James.bane.4@us.af.mil mailto:michael.tibbs@us.af.mil mailto:william.armour.1@us.af.mil mailto:Jonathan.herd.3@us.af.mil mailto:James.bane.4@us.af.mil
Section H - Special Contract Requirements
PZIOC H-008
PZIOC H-008 - GOVERNMENT DOWN TIME FOR VARIOUS AUTHORITIES INCLUDING THE
PRESIDENT, SECRETARY OF DEFENSE, SECRETARY OF THE AIR FORCE, AFMC/CC, AFLCMC/CC, 88
ABW/CC, AND PROGRAM MANAGERS (NOV 2012)
(a) Base Closures Due to Emergencies. From time to time, the Center or Base Commander or other authority may decide to close all or part of the base in response to an unforeseen emergency or similar occurrence. Sample emergencies include, but are not limited to, adverse weather such as snow or flood, an act of God such as a tornado or earthquake, acts of war or terrorism, computer failures, or a base disaster such as a natural gas leak or fire.
Contractor personnel are “non-essential” for purposes of any instructions regarding the emergency.
(1) Contractor shall be officially dismissed upon notification of a base closure in accordance with paragraph b.
Contractor shall promptly secure all government furnished property appropriately and evacuate in an expedient but safe manner.
(2) With regard to work under the contract, the Government shall retain the following options:
(i) Government may grant a time extension for any effort delayed by the closure equal to the time of the closure, subject to the availability of funds.
(ii) Government may forego the work. The Contractor will not be paid for work not performed. This shall be accomplished via Termination for Convenience of the Government or change order to descope work.
(iii) Government may reschedule the work on any day satisfactory to both parties.
(iv) In rare instances, Government may request that the Contractor continue on-site performance during the base closure period. Such a request shall be subject to agreement by Contractor.
(b) Base Closure Notification Procedures.
(1) After an official decision to close Wright-Patterson AFB has been made by the Base Commander, the following radio and television stations shall be notified of the closure:
Television:
WHIO 7
WDTN 2
WTJC 26
WKEF 22
Radio:
WHIO AM 1290 WBVE FM 96-5
WONE AM 98 WTUE FM 104.7
WBLY AM 1600 WBZI FM 95.3
WIZE AM 1340 WYSO FM 91.3
WLW AM 700 WYMJ FM 103.9
WDAO AM 1210 WFCJ FM 93.7
WING AM 1410 WHKO FM 99.1
WAZU FM 102.9 WVUD FM 99.9
(2) The Contractor is directed to listen or watch one of the radio or television stations listed in paragraph b.1 for a base closure. Contractor should follow instructions intended for non-essential personnel.
(3) The Contractor will not receive any other form of notification of a base closure from the Government. The
Contractor is responsible for notification of his or her employees.
(4) If the decision to close all or part of the base is made during the duty day, and the Base Commander’s decision is transmitted through official notification channels, the Contractor shall follow the instructions as given. Contractor personnel shall notify their task monitor and act in accordance with the task monitor’s instruction.
(c) Base Closure Due to Non-Emergencies. The Center or Base Commander or other authority may elect to close all or part of the base for non-emergency reasons such as time-off award, base open house, etc. In the event of a non-emergency base closure, the Contract Task Monitor and the Contractor shall jointly choose a course of action..
PZIOC H-018
PZIOC H-018 - EMS TRAINING (NOV 2012)
Initial Environmental Management System awareness-level training is required for all personnel working on base at
WPAFB.
(a) The installation office responsible for providing the EMS training is 88 ABW/CEVY
(b) The training requires less than thirty minutes
(c) The EMS Awareness-level training shall be accomplished within thirty days of contract (or modification) award.
New contract employees shall be trained within thirty days of starting work on the installation.
(d) The EMS Awareness-level training is available via the 88 ABW/CEVY website
(https://wrigem.wpafb.af.mil/viewchild.cfm?id=228), which provides materials that meet the training requirement.
(e) Upon completion of the training, the contractor shall provide the AF program manager (PM) a list of the contractor employees' names and the date the training was completed.
PZIOC H-019
PZIOC H-019 Progress Meetings (NOV 2012)
The contractor shall be responsible for conducting project progress meetings at least every two weeks. The days and times shall be coordinated after contract award.
The meeting shall discuss at a minimum:
Work elements completed or scheduled to be completed
Open Requests for Information (RFI)
Submittals
Schedule discussion (Percentages scheduled to be complete/Percentages actually completed)
Project Issues/Action Items
Change Order Status
Progress meeting minutes shall be provided to all individuals attending and all other individuals deemed vital to the project. A sample format of the progress meeting minutes can be provided by AFLCMC/PZIOC upon request after contract award.
https://wrigem.wpafb.af.mil/viewchild.cfm?id=228
ASC/PKO H-002 - Delivery Procedures Commercial Vehicles (JUL 2005)
All vehicles larger than a large pick-up truck are required to be inspected by the Wright-Patterson Air Force Base
Commercial Vehicle Delivery Gate (CVDG) prior to entering the installation. Vehicles to be inspected include, but are not limited to, the following:
1. Step van/panel truck
2. Tractor/trailer, box and flat bed containing cargo
3. Tanker trucks
4. Box trucks
5. Tour buses
6. Garbage/recycled waste trucks
7. Concrete trucks/mixers, dump trucks
8. Cranes, recreational vehicles, petroleum tanker
This inspection will be conducted at Gate 16A located off State Route 444.
The following are exemptions to vehicles utilizing the CVDG:
1. If the vehicle has the product inside (concrete and asphalt trucks) and timely delivery is necessary due to product deterioration it does not need to enter the CVDG. To bypass the CVDG, the contractor shall submit a list containing drivers’ names, social security numbers and the state in which the driver's license is held for those drivers who will be entering the base. This shall be accomplished 24 hours prior to requested entry time. If entry is requested on
Monday, this list must be submitted by Friday at 1630 hours. All lists shall be submitted to the 88th ABW/CE
Directorate contract inspector. The only gates that may be used under this exemption shall be 15A, 26A, 38A, and gate 1B. If the driver's name is not on the list, he/she will not be allowed access to the installation through these gates and the base will not assume liability for denied access.
2. If a delivery vehicle must exit, and then re-enter the base to complete its route, the vehicle shall be resealed upon exiting the base. After initially passing through the commercial vehicle delivery gate, trucks shall be resealed at
Gates 15A, 38A and 22B. The resealing of the trucks will allow them to continue to any other area of the installation
(Areas A, B, or Kittyhawk) without reprocessing through the CVDG. To receive resealing assistance, the drivers shall physically stop at one of the three authorized gates and request the installation entry controller to reseal their truck and provide the next location of their delivery. The controller will reseal the truck and give the delivery driver a pre-clearance form. The driver shall present the pre-clearance form to the entry controller at the next point of installation entry. This reentry can be through any base gate.
Vehicles may be subject to an inspection at any of installation entry control points during a directed random antiterrorism measure (RAM.) Any commercial vehicle, regardless of size, can be directed to the CVDG at the discretion of the installation entry controller.
AFLCMC/PZIO H003—PROCEDURES FOR RETURNING GOVERNMENT-ISSUED IDENTIFICATION
CREDENTIALS (OCT 2013)
(a) It is the Contractor’s responsibility to ensure all Government-Issued Identification Credentials (GIIC) are safeguarded from loss, theft and misuse and returned to the Government when no longer required.
(b) The Contractor shall use the following procedures for returning GIIC including, but not limited to, the common access card (CAC), vehicle decals, Medical Center (MC) badges, and badges required for entry into facilities or controlled/restricted areas on Wright-Patterson Air Force Base (WPAFB).
(c) During the contract period of performance, the Contractor shall return GIIC to the issuing office within 7 working days of the earliest occurrence of any of the following events:
(i) any change in status of contractor or subcontractor personnel (e.g. resignation, suspension, termination, incarceration, death, etc.) such that personnel no longer require access to the installation;
(ii) expiration of GIIC;
(iii) expiration of the contract performance period including any option period regardless of any decision by the Government to exercise a subsequent option period; or
(iv) termination of the contract
(d) Within 7 days of a change in status of contractor or subcontractor personnel as described in paragraph (c)(i) above or upon expiration of GIIC when expiration occurs prior to the end of the contract performance period, the Contractor shall notify the Contracting Officer (CO) in writing to include the complete name of the individual(s) to whom the identification was issued, the type of identification issued, the identification number and the expiration date of the identification.
(e) The contractor shall report lost or stolen GIIC to the CO and issuing office within 24 hours of becoming aware of the loss or theft.
(f) Coordinating Return of GIIC:
(i) The Contractor’s Contract Manager (or Program Manager) shall be responsible for collecting
GIIC.
(ii) For return of GIIC obtained from the 88th Security Forces Squadron, Pass and Registration, the
Contractor shall call (937) 257-6506 to schedule an appointment in time for return to be accomplished within the time frames specified in paragraph (c) above.
(iii) Pursuant to return of GIIC when a contract expires or is terminated, Pass and Registration will provide the Contractor with a letter verifying the return. The letter will also specify any GIIC that was not returned. The Contractor shall provide a copy of this letter to the CO.
(iv) The Contractor shall return GIIC obtained from the MC to the issuing office at the MC. The MC will provide the Contractor with a letter verifying the return. The letter will also specify any GIIC that were not returned. The Contractor shall provide a copy of this letter to the CO.
(g) Final invoices will not be processed for payment by the acceptor identified in the contract or order until the CO provides the acceptor with a copy of the letter(s) verifying return of GIIC. The Government may withhold monetary consideration from any invoice including the final invoice for failure to comply with the terms and conditions specified in this clause relative to return of GIIC.
(h) The Government reserves the right to consider the Contractor’s history of returning GIIC when evaluating past performance and responsibility for future awards. Failure to return GIIC may result in the Contractor being barred from WPAFB and subsequent ineligibility for future contract awards that require performance on
WPAFB.
(End)
Section I - Contract Clauses
PZIOC I-001
PZIOC I-001 - PREPARATION OF MATERIAL APPROVAL SUBMITTALS (NOV 2012)
The materials and workmanship submittals shall be done in accordance with AF Form 3000 “Material Approval
Submittal” instructions.
PZIOC I-002
PZIOC I-002 - ENGLISH LANGUAGE REQUIREMENTS (NOV 2012)
(a) Deliver all documents in the English language.
(b) Provide an English language speaking person during on-site visits, inspections, reviews, audits, and other similar activities.
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
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management JUL 2013
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards
JUL 2013
52.204-18 Commercial and Government Entity Code Maintenance NOV 2014
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
AUG 2013
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
JUL 2013
52.215-2 Audit and Records--Negotiation OCT 2010
52.219-4 Notice of Price Evaluation Preference for HUBZone Small
Business Concerns
OCT 2014
52.219-6 Notice Of Total Small Business Set-Aside NOV 2011
52.219-8 Utilization of Small Business Concerns OCT 2014
52.222-3 Convict Labor JUN 2003
52.222-4 Contract Work Hours and Safety Standards- Overtime
Compensation
MAY 2014
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
52.222-35 Equal Opportunity for Veterans JUL 2014
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-37 Employment Reports on Veterans JUL 2014
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 AUG 2013
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May
2011) Alternate I
MAY 2011
52.223-6 Drug-Free Workplace MAY 2001
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
52.227-1 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
52.228-2 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
52.232-17 Interest MAY 2014
52.232-23 Assignment Of Claims MAY 2014
52.232-27 Prompt Payment for Construction Contracts MAY 2014
52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.232-40 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
52.236-15 Schedules for Construction Contracts APR 1984
52.236-16 Quantity Surveys APR 1984
52.236-17 Layout of Work APR 1984
52.236-21 Specifications and Drawings for Construction FEB 1997
52.236-26 Preconstruction Conference FEB 1995
52.242-13 Bankruptcy JUL 1995
52.242-14 Suspension of Work APR 1984
52.243-4 Changes JUN 2007
52.244-6 Subcontracts for Commercial Items APR 2015
52.246-21 Warranty of Construction MAR 1994
52.248-3 Value Engineering-Construction OCT 2010
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
52.249-3 Termination for Convenience of the Government
(Dismantling, Demolition, or Removal of Improvements)
APR 2012
52.249-10 Default (Fixed-Price Construction) APR 1984
52.249-10 Alt I Default (Fixed-Price Construction) (Apr 1984) Alternate I APR 1984
52.253-1 Computer Generated Forms JAN 1991
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
252.204-7012 Safeguarding of Unclassified Controlled Technical
Information
NOV 2013
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
DEC 2014
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7012 Preference For Certain Domestic Commodities FEB 2013
252.227-7033 Rights in Shop Drawings APR 1966
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
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the
Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 calendar days. The time stated for completion shall include final cleanup of the premises.
52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $224.07 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.
52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Applicability. This clause applies only to--
(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;
(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns;
and
(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405-5 and
16.505(b)(2)(i)(F).
(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for--
(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.
(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.
(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.
(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.
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 238110- assigned to contract number TBD.
(Contractor to sign and date and insert authorized signer's name and title).
52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION 2014-O0017) (JUNE
2014)
This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, dated June 12, 2014.
(a) Each service employee, laborer, or mechanic employed in the United States (the 50 States and the District of
Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between
January 1, 2015, and December 31, 2015, shall be $10.10 per hour.
(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order
13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning
January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.
(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.
(d) The Contractor Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute
(formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).
(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.
52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND
CONSTRUCTION CONTRACTS (SEP 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United
States Department of Agriculture (USDA)-designated items unless--
(1) The product cannot be acquired--
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)).
For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferredgov.
(c) In the performance of this contract, the Contractor shall--
(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(2) Submit this report no later than--
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)
http://www.biopreferredgov/ http://www.sam.gov/
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 directly by the Government are supplies, not construction material.
Cost of components means--
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Domestic construction material means--
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if--
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
Foreign construction material means a construction material other than a domestic construction material.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: None
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph
(b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty
(whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the
Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the
Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
Construction material description Unit of measure Quantity Price (dollars) \1\
Item 1
Foreign construction material
Domestic construction material
Item 2
Foreign construction material
Domestic construction material
Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).
List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.
The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents…
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