Solicitation_-_FA860119RA011.pdf
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- Attached to
- On Call Base Wide Paving and Grounds Federal contract opportunity
- Solicitation number
- FA860119RA011
About this file
This solicitation requests proposals for an indefinite delivery/indefinite quantity contract to provide on-call base-wide pavement and grounds maintenance services at Wright-Patterson Air Force Base. The scope of work includes roads, parking lots, sidewalks, concrete structures, fencing, and additional as-needed projects such as landscaping and excavation. The base-wide IDIQ contract has a maximum value of $14.9 million over three ordering periods. Offerors must submit pricing for all anticipated work, and individual task orders will have a minimum value of $2,000 and maximum of $1 million. Proposals are due by the date and time specified in the solicitation.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attachment_8_Addendum_1_Sect_L_&_M_Tables.docx | DOCX document | |
| Attachment_1_Specifications_181050.pdf | ||
| Attachment_6_TEP_Calculation.docx | DOCX document | |
| Attachment_7_WDOL.pdf | ||
| Attachment_2_Drawings_181050.pdf | ||
| Attachment_4_Bid_Sched_Opt_1_181050.docx | DOCX document | |
| Attachment_5_Bid_Sched_Opt_2_181050.docx | DOCX document | |
| Attachment_3_Bid_Sched_Base_Yr_181050.docx | DOCX document |
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IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER
7. ISSUED BY CODE 8. ADDRESS OFFER TO
9. FOR INFORMATION
CALL:
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
b. An offer guarantee is, is not required.
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
STANDARD FORM 1442 (REV. 8/2014)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d)
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
12b. CALENDAR DAYS
YES NO
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED PAGE OF PAGES
AMOUNTS
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
CODE FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT
NUMBER
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
21. ITEMS ACCEPTED:
AWARD (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA
BY
31c. DATE
STANDARD FORM 1442 (REV. 8/2014) BACK
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )
26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY
FA860119RA011
Section A - Solicitation/Contract Form
Section B - Supplies or Services and Prices/Cost
Additional Information/Notes
SERVICES
CLIN QUANTITY UNIT PRICE EST AMOUNT
0001 1 Project $5,000,000 $5,000,000
Base Year 181050 Base Wide Pavement & Grounds IDIQ
FFP
Period of Performance is 1 Year.
The Contractor shall furnish all labor, equipment, appliances, devices and materials while performing all operations necessary and required in connection with "On Call Base Wide Paving & Grounds" Project # 181050 to accomplish a broad range of pavement and grounds projects, including associated architectural, civil, structural, mechanical, plumbing, electrical and miscellaneous work as shown on the project drawings and described in the specifications. The award of projects will be made to the contractor by "Task Orders" also referred to as "Calls" on an as needed basis in accordance with prices listed on the Proposal Schedule in Attachment 3 located in Section J.
Total value of orders placed during the ordering period covered by this CLIN shall not exceed the overall contract maximum of $14.9 Million.
FOB: Destination
SIGNAL CODE: A
CLIN QUANTITY UNIT PRICE EST AMOUNT
1001 1 Project $5,000,000 $5,000,000
Option Year 1 - Project 181050 Base Wide Pavement & Grounds IDIQ
FFP
Option Year 1 Period of Performance is 1 Year.
The Contractor shall furnish all labor, equipment, appliances, devices and materials while performing all operations necessary and required in connection with "On Call Base Wide Paving & Grounds" Project # 181050 to accomplish a broad range of pavement and grounds projects, including associated architectural, civil, structural, mechanical, plumbing, electrical and miscellaneous work as shown on the project drawings and described in the specifications. The award of projects will be made to the contractor by "Task Orders" also referred to as "Calls" on an as needed basis in accordance with prices listed on the Proposal Schedule in Attachment 4 located in Section J.
Total value of orders placed during the ordering period covered by this CLIN shall not exceed the overall contract maximum of $14.9 Million.
FOB: Destination
SIGNAL CODE: A
CLIN QUANTITY UNIT PRICE EST AMOUNT
2001 1 Project $4,900,000 $4,900,000
Option Year 2 - Project 181050 Base Wide Pavement & Grounds IDIQ
FFP
Option Year 2 Period of Performance is 1 Year.
The Contractor shall furnish all labor, equipment, appliances, devices and materials while performing all operations necessary and required in connection with "On Call Base Wide Paving & Grounds" Project # 181050 to accomplish a broad range of pavement and grounds projects, including associated architectural, civil, structural, mechanical, plumbing, electrical and miscellaneous work as shown on the project drawings and described in the specifications. The award of projects will be made to the contractor by "Task Orders" also referred to as "Calls" on an as needed basis in accordance with prices listed on the Proposal Schedule in Attachment 5 located in Section J.
Total value of orders placed during the ordering period covered by this CLIN shall not exceed the overall contract maximum of $14.9 Million.
FOB: Destination
SIGNAL CODE: A
Total value of orders placed during the ordering period covered by this CLIN shall not exceed the overall contract maximum of $14.9 Million.
FOB: Destination
SIGNAL CODE: A
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM MINIMUM MAXIMUM MAXIMUM
QUANTITY AMOUNT QUANTITY AMOUNT
1 $10,000 NA $14,900,000
DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE
The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.
MINIMUM MINIMUM MAXIMUM MAXIMUM
QUANTITY AMOUNT QUANTITY AMOUNT
1 $2,000.00 NA $1,000,000.00
Item Supplies/Service Quantity Unit Unit Price Amount
0001 Period of Performance is 1 year. A Proposal shall be submitted for all work for Project ZHTV181050. Work consists of furnishing all labor, equipment, appliances, devices and materials, and performing all operations necessary in connection with "On-Call" Base Wide Paving & Grounds at Wright-Patterson Air Force Base. This includes but is not necessarily limited to roads, parking lots, sidewalks, concrete structures, security fence and gates, and also includes removal and miscellaneous work as stated in the specifications and as shown, indicated, or noted on the details or drawings. Additional concrete, asphalt, excavation and landscaping work may be required on an "as needed" basis.
Firm Fixed Price
1.0 Project
1001 Option 1 - Period of Performance is 1 year. A Proposal shall be submitted for all work on Project ZHTV181050.
Work consists of furnishing all labor, equipment, appliances, devices and materials, and performing all operations necessary in connection with "On- Call" Base Wide Paving & Grounds at Wright-Patterson Air Force Base.
1.0 Project
This includes but is not necessarily limited to roads, parking lots, sidewalks, concrete structures, security fence and gates, and also includes removal and miscellaneous work as stated in the specifications and as shown, indicated, or noted on the details or drawings.
Additional concrete, asphalt, excavation and landscaping work may be required on an "as needed" basis.
Firm Fixed Price
2001 Option 2 period of performance is 1 year. A Proposal shall be submitted for all work on Project ZHTV181050.
Work consists of furnishing all labor, equipment, appliances, devices and materials, and performing all operations necessary in connection with "On- Call" Base Wide Paving & Grounds at Wright-Patterson Air Force Base.
This includes but is not necessarily limited to roads, parking lots, sidewalks, concrete structures, security fence and gates, and also includes removal and miscellaneous work as stated in the specifications and as shown, indicated, or noted on the details or drawings.
Additional concrete, asphalt, excavation and landscaping work may be required on an "as needed" basis.
Firm Fixed Price
1.0 Project
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.211-18 Variation in Estimated Quantity. 1984-04
Section C - Description/Specifications/Statement of Work
DESCRIPTIONS & SPECIFICATIONS
Requirements All drawings, specifications, technical criteria, and addenda (if applicable) are included as attachments to this document as indicated in Section J, List of Attachments
Section D - Packaging and Marking
Section E - Inspection and Acceptance
Inspection & Acceptance - IAW FAR 46.401(b) and 46.503 Inspection & Acceptance of the overall effort will be performed at Wright Patterson, AFB, OHIO by 88CEG/CEN
INSPECTION AND ACCEPTANCE TERMS
Services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements AUG 1996
CLAUSES INCORPORATED BY FULL TEXT
52.246-12 -- Inspection of Construction. As prescribed in 46.312, insert the following clause: Inspection of Construction (Aug.
1996)
(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not --
(1) Relieve the Contractor of responsibility for providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer.
The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may --
(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or
(2) Terminate for default the Contractor's right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.
(End of Clause)
FAR Clauses Incorporated by Reference
Number Title Effective Date
52.246-12 Inspection of Construction. 1996-08
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY DODAAC
0001 1 year ADC 1 F4F2AA
SHIP TO ADDRESS
88 CEG/CERF
CE/COR
1450 Littrel Rd.
Wright-Patterson AFB, OH 45433
(937) 656-3578 FOB: Destination
CLIN DELIVERY DATE QUANTITY DODAAC
1001 2 years ADC 1 F4F2AA
SHIP TO ADDRESS
SAME AS CLIN 0001 LOCATION
FOB: Destination
CLIN DELIVERY DATE QUANTITY DODAAC
2001 3 years ADC 1 F4F2AA
SHIP TO ADDRESS
SAME AS CLIN 0001 LOCATION
FOB: Destination
CLAUSES INCORPORATED BY REFERENCE
52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991
FAR Clauses Incorporated by Reference
Number Effective Date
52.242-15
Title
Stop-Work Order. 1989-08
FAR Clauses Incorporated by Full Text
52.211-10 Commencement, Prosecution, and Completion of Work. 1984-04 As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction. Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to
(a)commence work under this contract within TBD upon issuance of task order 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 TBD upon issuance of task order.* The time stated for completion shall include final cleanup of the premises. * The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.
Section G - Contract Administration Data
CONTRACT HOLIDAYS
The following days are contract holidays: New Years Day; Martin Luther King's Birthday; Presidents Day; Memorial Day;
Independence Day; Labor Day; Columbus Day; Veterans 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: Destination
(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: matthew.beeler@us.af.mil Contracting Officer/Acceptor: jason.cook.21@us.af.mil Inspector: carlos.powell@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: 937-522-4576 matthew.beeler@us.af.mil Contracting Officer: 937-522-4546 jason.cook.21@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.236-7000 Modification Proposals--Price Breakdown 1991-12
Section H - Special Contract Requirements
Section I - Contract Clauses
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 issued prior to start of work
TASK ORDER PROCEDURES
(a) The tasks identified in Section J, Statement of Work or Specifications, of this contract are described in general terms.
Individual task orders will be required from time to time to assign specifically defined tasks to the contractor.
(b) 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 number of days to complete the task 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. A task order is considered "issued" when the Government deposits the order in the mail, emails a copy, or hands it to the contractor's representative.
(c) The Contracting Officer will send a copy of the DD Form 1155 to the contractor. Immediately after receipt and before any work is accomplished, the contractor shall verify all quantities in accordance with the drawings and specifications and promptly notify the Contracting Officer of any discrepancies. The contractor will coordinate with Civil Engineering and the Contracting Officer the performance start date for each task. When needed, the Contracting Officer may direct the contractor to start performance at any time without the contractor's consideration. A Notice to Proceed (NTP) will be issued to the contractor. The contractor shall submit within five (5) workday's written acknowledgement of the NTP.
(d) Changes to the Task Order shall be issued by written modification by the Contracting Officer.
CLAUSES INCORPORATED BY REFERENCE
52.225-10 Notice of Buy American Requirement--Construction Materials MAY 2014
CLAUSES INCORPORATED BY FULL TEXT
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed-Price (FFP) contract resulting from this solicitation.
(End of provision)
52.217-5 -- Evaluation of Options. As prescribed in 17.208(c), insert a provision substantially the same as the following:
Evaluation of Options (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.
Evaluation of options will not obligate the Government to exercise the option(s).
(End of Provision)
52.217-8 -- Option to Extend Services.
As prescribed in 17.208(f), insert a clause substantially the same as the following:
Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days.
(End of provision)
52.217-9 -- Option to Extend the Term of the Contract. As prescribed in 17.208(g), insert a clause substantially the same as the following:
Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 months or 3 years 6months.
(End of provision)
52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
(End of provision)
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT
OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade Goals for female participation for each trade 11.5% 6.9% These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on
(1) its implementation of the Equal Opportunity clause,
(2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and
(3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S.
Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is WPAFB, Greene and Montgomery Counties, Ohio.
(End of provision)
52.225-9 -- Buy American-Construction Materials (May 2014) As prescribed in 25.1102(a), insert the following clause:
(a) Definitions. As used in this clause-- "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 the 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: TBD at issuance of Task Order.
(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 statute 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 statute 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 statute.
(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) * Item 1 Foreign construction material Domestic construction material
Item 2 Foreign construction material Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] (End of Clause)
52.228-1 -- Bid Guarantee.
As prescribed in 28.101-2, insert a provision or clause substantially as follows:
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 and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
(End of Provision)
52.228-15 -- Performance and Payment Bonds -- Construction
As prescribed in 28.102-3(a), insert a clause substantially as follows:
Performance and Payment Bonds -- Construction (Oct 2010)
(a) Definitions. As used in this clause --
"Original contract price" means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.
(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:
(1) Performance Bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.
(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.
(3) Additional bond protection.
(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.
(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.
(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.
(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:
U.S. Department of Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782 Or via the internet at http://www.fms.treas.gov/c570/ .
(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.
(End of Clause)
52.232-18 -- Availability of Funds.
As prescribed in 32.706-1(a), insert the following clause:
Availability of Funds (Apr 1984)
Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
(End of Clause)
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from.
Jason Cook AFLCMC/PZICB WPAFB Area A, BLDG 1, RM 111
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) Site visits may be arranged during normal duty hours by contacting:
Name: Eric Buckingham Address: WPAFB, Area A Telephone: 937-656-3451 (End of provision)
52.246-21 -- Warranty of Construction.
As prescribed in 46.710(e)(1), the contracting officer may insert a clause substantially as follows in solicitations and contracts when a fixed-price construction contract (see 46.705(c)) is contemplated, and the use of a warranty clause has been approved under agency procedures:
Warranty of Construction (Mar 1994)
(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.
(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.
(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of --
(1) The Contractor's failure to conform to contract requirements; or
(2) Any defect of equipment, material, workmanship, or design furnished.
(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.
(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.
(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.
(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall --
(1) Obtain all warranties that would be given in normal commercial practice;
(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer;
and
(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.
(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.
(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.
(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.
(End of Clause)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ (End of provision)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (DFARS) (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
252.215-7008 ONLY ONE OFFER (OCT 2013)
(a) After initial submission of offers, the Offeror agrees to submit any subsequently requested additional cost or pricing data if the Contracting Officer notifies the Offeror that--
(1) Only one offer was received; and
(2) Additional cost or pricing data is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3).
(b) Requirement for submission of additional cost or pricing data. Except as provided in paragraph (c) of this provision, the Offeror shall submit additional cost or pricing data as follows:
(1) If the Contracting Officer notifies the Offeror that additional cost or pricing data are required in accordance with paragraph
(a) of this clause, the data shall be certified unless an exception applies (FAR 15.403-1(b)).
(2) Exceptions from certified cost or pricing data. In lieu of submitting certified cost or pricing data, the Offeror may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.
(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.
(ii) Commercial item exception. For a commercial item exception, the Offeror shall submit, at a minimum, information on prices at which the same item or/similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--
(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted.
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