FA860116R0010_RFP_-_SABER.pdf
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- Simplified Acquisition of Base Engineering Requirements (SABER) Federal contract opportunity
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- FA8601-16-R-0010
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PROJECT: ZHTV151004, SIMPLIFIED ACQUISITION OF BASE ENGINEERING REQUIREMENTS (SABER): SEE SCHEDULE
THIS ACQUISITION IS SET ASIDE FOR 8(a) COMPETITION LIMITED TO 8(a) FIRMS LOCATED WITHIN THE GEOGRAPHICAL AREA OF THE STATE OF OHIO AND OTHER 8(a) FIRMS WITH BONAFIDE PLACE OF BUISNESS WITHIN THE GEOGRAPHICAL COMPETIIVE AREA, AND ASSIGNED NAICS CODE. ALL OTHER 8(A) BUSINESS DEVELOPMENT PARTICIPANTS ARE DEEMED INELIGIBLE TO SUBMIT OFFERS.
THE TOTAL AGGREGATE AMOUNT/CONTRACT MAXIMUM OF THE SABER CONTRACT IS $76.5M. THE GUARANTEED MINIMUM VALUE IS
$50K (SEED TASK AWARD)
SEED PROJECT MAGNITUDE OF CONSTRUCTION: BETWEEN $100,000 AND $250,000
NOTE: THE TOTAL PRICE OF THE SEED TASK = (BASE PROJECT PRICE) + (SUM OF ALL PRICED OPTIONS)
NAICS: 236220 SIZE STANDARD: $36.5M
JOSHUA B GRUBB 937-522-4522
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
09-Jun-2016
(RFP)
(IFB)
X
CALL:
SABER FY16 Source Selection
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 ________ 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 __________3 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________11 Jul 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______180 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
AFLCMC/PZIOCA - CONSTRUCTION SECTION A
POC: JOSHUA B GRUBB
1940 ALLBROOK DRIVE, ROOM 109
WRIGHT-PATTERSON AFB OH 45433-5344
FA8601
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour) Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
151004
8. ADDRESS OFFER TO (If Other Than Item 7)
937-257-2825FAX:TEL: 937-522-4522 TEL: FAX:
FA8601-16-R-0010 112
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
FA8601-16-R-0010
Section A - Solicitation/Contract Form
ADDITIONAL BLOCK 10 INFORMATIO
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: 16 June 2016 at 1:00pm 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.
http://www.fbo.gov/
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Project
IDIQ (SABER) - Ordering Period 1
FFP
Ordering Period: 13 December 16 - 12 December 17
The contractor shall furnish all personnel, equipment, tools, materials, supervision and other items and services necessary to design, manage and accomplish a broad range of maintenance, repair, alteration, restoration and/or new construction work on various real property facilities at WPAFB. Type of work the contractor can expect (not all inclusive): New construction of buildings and structures, alteration and repair of buildings, structures, roads, grounds, roofs, specialty construction, utilities including JP-8 fuel systems and miscellaneous services including hazardous waste removal. All work is to be accomplished in accordance with the terms and conditions of the contract and the attachments listed in Section J.
The total value of orders placed during the ordering period covered by this CLIN shall comply with the constraints of the order limitations shown in FAR 52.216-19 and shall not exceed the overall contract maximum of $76.5 Million.
FOB: Destination
PROJECT: 151004
SIGNAL CODE: A
NET AMT
0002 1 Project
IDIQ (SABER) - Ordering Period 2
FFP
Ordering Period: 13 December 17 - 12 December 18
The contractor shall furnish all personnel, equipment, tools, materials, supervision and other items and services necessary to design, manage and accomplish a broad range of maintenance, repair, alteration, restoration and/or new construction work on various real property facilities at WPAFB. Type of work the contractor can expect (not all inclusive): New construction of buildings and structures, alteration and repair of buildings, structures, roads, grounds, roofs, specialty construction, utilities including JP-8 fuel systems and miscellaneous services including hazardous waste removal. All work is to be accomplished in accordance with the terms and conditions of the contract and the attachments listed in Section J.
The total value of orders placed during the ordering period covered by this CLIN shall comply with the constraints of the order limitations shown in FAR 52.216-19 and shall not exceed the overall contract maximum of $76.5 Million.
FOB: Destination
0003 1 Project
IDIQ (SABER) - Ordering Period 3
FFP
Ordering Period: 13 December 18 - 12 December 19
The contractor shall furnish all personnel, equipment, tools, materials, supervision and other items and services necessary to design, manage and accomplish a broad range of maintenance, repair, alteration, restoration and/or new construction work on various real property facilities at WPAFB. Type of work the contractor can expect (not all inclusive): New construction of buildings and structures, alteration and repair of buildings, structures, roads, grounds, roofs, specialty construction, utilities including JP-8 fuel systems and miscellaneous services including hazardous waste removal. All work is to be accomplished in accordance with the terms and conditions of the contract and the attachments listed in Section J.
The total value of orders placed during the ordering period covered by this CLIN shall comply with the constraints of the order limitations shown in FAR 52.216-19 and shall not exceed the overall contract maximum of $76.5 Million.
FOB: Destination
0004 1 Project
IDIQ (SABER) - Ordering Period 4
FFP
Ordering Period: 13 December 19 - 12 December 20
The contractor shall furnish all personnel, equipment, tools, materials, supervision and other items and services necessary to design, manage and accomplish a broad range of maintenance, repair, alteration, restoration and/or new construction work on various real property facilities at WPAFB. Type of work the contractor can expect (not all inclusive): New construction of buildings and structures, alteration and repair of buildings, structures, roads, grounds, roofs, specialty construction, utilities including JP-8 fuel systems and miscellaneous services including hazardous waste removal. All work is to be accomplished in accordance with the terms and conditions of the contract and the attachments listed in Section J.
The total value of orders placed during the ordering period covered by this CLIN shall comply with the constraints of the order limitations shown in FAR 52.216-19 and shall not exceed the overall contract maximum of $76.5 Million.
FOB: Destination
0005 1 Project
IDIQ (SABER) - Ordering Period 5
FFP
Ordering Period: 13 December 20 - 12 December 21
The contractor shall furnish all personnel, equipment, tools, materials, supervision and other items and services necessary to design, manage and accomplish a broad range of maintenance, repair, alteration, restoration and/or new construction work on various real property facilities at WPAFB. Type of work the contractor can expect (not all inclusive): New construction of buildings and structures, alteration and repair of buildings, structures, roads, grounds, roofs, specialty construction, utilities including JP-8 fuel systems and miscellaneous services including hazardous waste removal. All work is to be accomplished in accordance with the terms and conditions of the contract and the attachments listed in Section J.
The total value of orders placed during the ordering period covered by this CLIN shall comply with the constraints of the order limitations shown in FAR 52.216-19 and shall not exceed the overall contract maximum of $76.5 Million.
FOB: Destination
Section C - Descriptions and Specifications
DESCRIPTIONS AND SPECIFICATION
All drawings, specifications, and addenda (if applicable) are included as attachments to this document as indicated in Section J, List of Attachments.
(End)
Section E - Inspection and Acceptance
ACCEPTANCE AND INSPECTION
Inspection and acceptance of the overall effort will be performed at Wright-Patterson AFB, OH by 88 CEG/CEN.
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 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 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
CLAUSES INCORPORATED BY FULL TEXT
252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.
(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.
(End of clause)
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 13-DEC-2016 TO
12-DEC-2017
N/A 88 CEG CERF
CE COR
1450 LITTRELL RD
WRIGHT-PATTERSON AFB OH 45433-5209
937-000-0000 FOB: Destination
F4F2AA
0002 POP 13-DEC-2017 TO
12-DEC-2018
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 13-DEC-2018 TO
12-DEC-2019
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 13-DEC-2019 TO
12-DEC-2020
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 13-DEC-2020 TO
12-DEC-2021
N/A (SAME AS PREVIOUS LOCATION)
52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991
Section G - Contract Administration Data
CONTRACT HOLIDAYS
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.
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 Specified Per Individual Task Order 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 Specified Per Individual Task Order Contracting Officer: Specified Per Individual Task Order Inspector: Specified Per Individual Task Order Additional Contact daniel.rohrbach@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: Specified Per Individual Task Order Contracting Officer: 937-522-4545 or kevin.parks.1@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
mailto:kevin.parks.1@us.af.mil
Section I - Contract Clauses
CLARIFICATION FOR 52.219-14
CLARIFICATION FOR 52.219-14
For the purposes of this solicitation/contract, the following verbiage is being added to further supplement/clarify clause 52.219-14, Limitations on Subcontracting:
In addition to the subcontractor information required by FAR 52.232-5(b)(1), in order to verify compliance with all applicable provisions of FAR 52.219-14, Limitations on Subcontracting, the offeror/contractor will be required to demonstrate semiannually that it has performed the required percentage for that date. The contractor is required to perform a minimum of 15% of the applicable costs for the combined total of all task orders issued to date at six-month intervals for general construction or a minimum of 25% of the applicable costs for the combined total of all task orders issued to date at six-month intervals for construction by special trade contractors. This information shall be submitted to the Contracting Officer in writing six months after the date of award of the contract and every six months thereafter for the duration of the contract. The contractor shall provide the written response in a format of their choice with sufficient information to allow for compliance verification to the Contracting Officer via mail or email no later than 10 calendar days after the end of the reporting period
TYPES OF TASK ORDERS
Only priced task orders shall be issued under this contract. Both parties shall agree upon all terms of the task orders prior to issuance.
TASK ORDER PROCEDURES
1. This clause supplements clause 52.216-18.
2. The tasks identified in Section J, Statement of Work (SOW), of this contract are described in general terms. Individual tasks orders will be required from time to time to assign specifically defined tasks to the contractor.
3. Orders shall be issued against the contract in writing, dated and labeled as “TASK NUMBER XXXX” on a DD Form 1155. Each order shall identify the specific task to be accomplished, the completion date and the required reports to be delivered upon completion. Each order shall contain a citation of funds from which payment shall be made and shall be signed by the Contracting Officer. An order is considered “issued” when the Government deposits the order in the mail or hands it to the contractor’s representative.
4. Prior to issuance of a Task Order, the contractor and a designated Government representative from AFLCMC/PZIOC and/or 88 CEG/CE will complete a scope/job walk of the prospective project. This will give the contractor a better understanding of what is entailed for the effort.
This also allows both parties to reach an agreement on how the effort will be conducted. Once this is accomplished, the official RFP will be submitted to the contractor for pricing.
5. The Contracting Officer will award task orders in accordance with the following procedures:
(a) Request for Proposal (RFP): The Contracting Officer shall furnish the Contractor with a written request for proposal (RFP) that includes:
(1). A description of the specified work required;
(2). The anticipated performance period;
(3). Any other pertinent information (such as site or location).
(b) Proposal: The Contractor shall, within the time specified, provide an original (additional copies, if requested) proposal that addresses:
(1) The comprehensive technical and management approach to accomplish the work effort;
(2) A detailed cost proposal using prepriced line items from RSMeans. The proposal shall include labor rates in accordance with the wage determination as stated in Section J of the contract.
(3) A proposed schedule for completing the delivery order effort;
(4) Any other pertinent information.
(c) Discussions/Negotiation: The Contracting Officer will review the proposal and enter into discussions/negotiation with the contractor as necessary.
(d) Task Order Issuance: The CO will issue a task order that will include:
(1) Contract and Task Order Number;
(2) Statement of Work that may include reference to applicable specifications;
(3) Government-furnished property, material or base support to be made available during performance;
(4) Total price;
(5) Performance period;
(6) The Contracting Officer's Representative (COR) as well as any other points of contact;
(7) Any other pertinent information deemed necessary during the performance.
(e) Contractor Performance: Upon receipt of a written order issued by the Contracting Officer, the Contractor shall furnish the services/supplies as set forth in the Task Order.
6. The OPR will be responsible for evaluating the Contractor's Implementation plan and shall recommend (i) approval of the plan, (ii) approval of the plan after resolving problems, or (iii) disapproval of the plan. The Contracting Officer will enter into negotiations with the Contractor to resolve problems and determine price.
7. The fixed price dollar amount of the Task Order will be determined by multiplying the negotiated price to perform the project (as determined by the appropriate RSMeans line items) by the proposed coefficient.
8. Following negotiations, a unilateral order shall be issued by the Contracting Officer on a DD Form 1155. Changes to the Order shall be issued by written bilateral modification by the Contracting Officer.
9. Although task order awards, by law are not subject to protest, an Ombudsman is available to hear complaints on any perceived inequities in the placement of awards. The Ombudsman for Air Force Materiel Command is:
Primary:
Lt Col Kenneth L. Decker Jr., AFLCMC/AQP 1790 10th Street Wright-Patterson AFB, OH 45433-7630 Tel: 937-255-5512 Fax: 937-255-7916 E-mail: kenneth.decker.1@us.af.mil
Alternate:
Ms. Jill Willingham-Allen, AFLCMC/AQP 1790 10th Street Wright-Patterson AFB, OH 45433-7630 Tel: 937-255-5472 Fax: 937-255-7916 E-mail: jill.willinghamallen.1@us.af.mil
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 mailto:kenneth.decker.1@us.af.mil mailto:jill.willinghamallen.1@us.af.mil
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 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 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.215-2 Audit and Records--Negotiation OCT 2010 52.222-3 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
52.222-30 Construction Wage Rate Requirements--Price Adjustment (None or Separately Specified Method)
MAY 2014
52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May
2011) Alternate I
MAY 2011
52.223-6 Drug-Free Workplace MAY 2001 52.223-12 Refrigeration Equipment and Air Conditioners MAY 1995 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 52.232-18 Availability Of Funds APR 1984 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
52.232-37 Multiple Payment Arrangements MAY 1999 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 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 FEB 2016 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-2 Alt I Termination for Convenience of the Government (Fixed- Price) (Apr 2012) - Alternate I
SEP 1996
52.249-3 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 Covered Defense Information and Cyber
Incident Reporting.
DEC 2015
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7048 Export-Controlled Items JUN 2013 252.227-7033 Rights in Shop Drawings APR 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card
DEC 2006
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
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS
(OCT 2015)
(a) Definitions. As used in this clause:
Executive means officers, managing partners, or any other employees in management positions.
First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs.
Month of award means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.
Total compensation means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR
229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the
Financial Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.
(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.
(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.
(5) Above-market earnings on deferred compensation which is not tax-qualified.
(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.
(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L.
110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.
(c) Nothing in this clause requires the disclosure of classified information.
(d)(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) database (FAR provision 52.204-7), the
Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—
(i) In the Contractor's preceding fiscal year, the Contractor received—
(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and
(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange
Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.).
(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $30,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)
(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
(iv) Date of the subcontract award.
http://www.sec.gov/answers/execomp.htm http://www.fsrs.gov/
(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.
(vi) Subcontract number (the subcontract number assigned by the Contractor).
(vii) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.
(viii) Subcontractor's primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.
(ix) The prime contract number, and order number if applicable.
(x) Awarding agency name and code.
(xi) Funding agency name and code.
(xii) Government contracting office code.
(xiii) Treasury account symbol (TAS) as reported in FPDS.
(xiv) The applicable North American Industry Classification System code (NAICS).
(3) Executive compensation of the first-tier subcontractor.
Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $30,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor's preceding completed fiscal year at http://www.fsrs.gov, if—
(i) In the subcontractor's preceding fiscal year, the subcontractor received—
(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and
(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)
(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $30,000 to avoid the reporting requirements in paragraph (d) of this clause.
(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract http://www.sec.gov/answers/execomp.htm expires.
(g)(1) If the Contractor in the previous tax year had gross income, from all sources, under
$300,000, the Contractor is exempt from the requirement to report subcontractor awards.
(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor.
(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from
SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information.
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY
MATTERS (JULY 2013)
(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.
(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--
(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--
(i) Government personnel and authorized users performing business on behalf of the Government; or https://www.acquisition.gov/
(ii) The Contractor, when viewing data on itself; and
(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--
(i) Past performance reviews required by subpart 42.15;
(ii) Information that was entered prior to April 15, 2011; or
(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.
(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.
(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.
(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.
(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.
(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.
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 the time specified on the individual task orders. The time stated for completion shall include final cleanup of the premise.
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 (to be cited on individual task orders) for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
52.216-18 ORDERING. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from TBD 2016 through TBD 2022.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $5,000,000;
(2) Any order for a combination of items in excess of $5,000,000; or
(3) A series of orders from the same ordering office within 2 (two) days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after completion date specified in each task order.
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.
52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN 2003)--
ALTERNATE I (APR 2005)
(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer--
(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and
(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.
(3) The offeror's approved business plan is on the file and serviced by SBA in the state of Ohio
(b) By submission of its offer, the Offeror certifies that it meets all of the criteria set forth in paragraph (a) of this
(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.
(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items…
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