FA9401-14-R-0018.pdf

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 for receipt of proposals. In the event the

Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

A. Project Title: Roadway Pavement Striping

B. This project has been designated a 100% Total Small Business Set-Aside.

C. NAICS 237310, SB size standard is $33.5M.

D. In accordance with FAR 36.204, the magnitude of this project is between $250,000 and $500,000.

E. A site visit is scheduled for 25 June 2014. See Section L, FAR Clause 52.236-27, for complete site visit information.

Contract Specialist: Honey M. Smalls, Duty Phone: 505-846-4579, Email: honey.smalls.1@us.af.mil

HONEY M SMALLS 505-846-4579

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

18-Jun-2014

(RFP)

(IFB)

X

CALL:

Roadway Pavement Striping

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 within _______10 calendar days and complete it within ________74 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________21 Jul 2014 (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) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______150 calendar days for Government acceptance after the date offers are due will not be considered and will 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

AFNWC/PZIC

8500 GIBSON BLVD SE

BLDG 20202

ALBUQUERQUE NM 87117

FA9401

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

MHMV110045

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: 505-853-2483 TEL: FAX:

FA9401-14-R-0018 60

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 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.

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 offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-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

(Must be fully completed by offeror)OFFER

FA9401-14-R-0018

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot CLIN 0001 Roadway Pavement Striping

FFP

CLIN 0001 Roadway Pavement Striping (MHMV110045) In accordance with

Statement of Work dated 07 May 14. See Attachment 1, Section J.

FOB: Destination

NET AMT

Section C - Descriptions and Specifications

DESCRIPTION/SPECIFICATIONS

SCOPE OF WORK -- See Attachment 1 to the Solicitation

SPECIFICATIONS -- See Attachments in Section J of the Solicitation

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F - Deliveries or Performance

DELIVERY DATE CLARIFICATION

For delivery purposes ADC should read after Notice to Proceed (NTP) is issued. For example, 74 days ADC means

74 days after NTP is issued.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 74 dys. ADC 1 377 MSG/CE - F2K2AC

BRENT WILSON

2050 WYOMING BLVD SE

KIRTLAND AFB NM 87117-5663

505-846-7911

FOB: Destination

F2K2AC

52.247-34 F.O.B. Destination NOV 1991

CLAUSES INCORPORATED BY FULL TEXT

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 74 Calendar days from the first Notice to Proceed (NTP) issued with CLIN 0001. The time stated for completion shall include final cleanup of the premises.

(End of clause)

252.219-7011 NOTIFICATION TO DELAY PERFORMANCE (JUN 1998)

The Contractor shall not begin performance under this purchase order until 2 working days have passed from the date of its receipt. Unless the Contractor receives notification from the Small Business Administration that it is ineligible for this 8(a) award, or otherwise receives instructions from the Contracting Officer, performance under this purchase order may begin on the third working day following receipt of the purchase order. If a determination of ineligibility is issued within the 2-day period, the purchase order shall be considered canceled.

Section G - Contract Administration Data

252.204-7006 Billing Instructions OCT 2005

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

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.

Government

(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 FA9401

Admin DoDAAC FA9401

Inspect By DoDAAC FA9401

Ship To Code N/A

Ship From Code FA9401

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) FA9401

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional

Email Notifications” field of WAWF once a document is submitted in the system.

gilbert.martinez.6@us.af.mil honey.smalls.1@us.af.mil

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Not Applicable

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

CONTRACT ADMINISTRATION

1.1 ADMINISTRATIVE MATTERS

mailto:gilbert.martinez.6@us.af.mil mailto:honey.smalls.1@us.af.mil

The Address and telephone number for the AFNWC/PZIC:

AFNWC/PZIC

Attn: Gilbert Martinez/ Honey M. Smalls

8500 Gibson Blvd SE, Bldg 20202 RM 103

Kirtland AFB, NM 87117

(505) 846-4579/ (505)846-4572

1.2 CONTRACTOR’S CONTRACT ADMINISTRATION

To Be Completed By The Contractor:

Name and Title: _________________________________________________________________

Responsible Office: ______________________________________________________________

Address: _______________________________________________________________________

Telephone Number: ______________________________________________________________

Email: _________________________________________________________________________

Cage Code: _____________________________________________________________________

Duns Number: __________________________________________________________________

Tax Identification Number: ________________________________________________________

Section H - Special Contract Requirements

CONTRACT ADMINISTRATION

SPECIAL CONTRACT REQUIREMENTS

1.1 AFNWC/PZIC – HAZMAT HAZARDOUS MATERIAL

All HAZMAT contemplated for use or brought on base for the purpose of this contract, must be coordinated through the Environmental Compliance 377MSG/CE. Contractor must provide the Quality Assurance Personnel and CO with a copy of the MSDS (Material Safety Data Sheet) prior to using the HAZMAT and maintain a copy at the work site at all times that work is being performed. Failure to comply with these requirements may result in withholding of payment.

1.2 CONTRACTOR PASSES, SECURITY AND ANTITERRORISM

(a) The contractor shall obtain base identification and vehicle passes for all contractor personnel who make frequent visits to or perform work on Kirtland Air Force Base.

Due to heightened security requirements, prior to obtaining base identification and vehicle passes, each person desiring to work on base must undergo a background screening. The following information is required in order to conduct background checks: Full Name, date of birth, social security number, and driver’s license number and state (only if requesting to drive). The preceding information may be transmitted to the cognizant contracting officer or administrator via e-mail, USPS, or fax. Please allow up to

14 days for completion of the background check for U.S. Citizens and 30 days for all others and response from the contracting office. If any individual is disapproved for base access, the contractor will be notified of the failure, but this does not excuse them from performance of the contract.

(b) After receiving notification of a successful background check, the contractor shall submit a written request on company letterhead (sample formats are available upon request) to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. Individual letters must be accomplished for each employee. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes.

(c) When reporting to the registration office/visitor center, the authorized contractor individual(s) should provide a valid and current driver’s license, vehicle registration, and proof of vehicle insurance certificate/card.

(d) The possession and use of the AF Form 75 is intended solely for individuals performing contractual related duties. Any other use or transfer of the pass is strictly prohibited.

(e) Contractor personnel are required to wear or prominently display installation identification badges, or contractor-furnished identification badges, while visiting or performing work on the installation.

(f) Upon completion or termination of contract requirements, all base identification, vehicle/visitor passes, and

Common Access Cards (CACs), if applicable, must be returned to the contracting officer prior to issuance of final payment.

(g) The prime contractor shall provide an antiterrorism awareness brief to all employees, including subcontractors, their employees and all temporary day laborers. The use of the Contractor Antiterrorism

Awareness pamphlet, provided by the Contracting Officer, suffices for this brief. This brief is an annual requirement for contracts which have exercised options. The contractor shall document training and provide records to the Contracting Officer upon request.

1.3 FEDERAL LEGAL HOLIDAYS

The following Federal legal holidays are observed by this base:

Friday, July 4, 2014 Independence Day

Monday, September 1, 2014 Labor Day

Monday, October 13, 2014 Columbus Day

Tuesday, November 11, 2014 Veterans Day

Thursday, November 27, 2014 Thanksgiving Day

Thursday, December 25, 2014 Christmas Day

Thursday, January 1, 2015 New Year’s Day

Monday, January 19, 2015 Birthday of Martin Luther King, Jr.

Monday, February 16, 2015 Washington’s Birthday

Monday, May 25, 2015 Memorial Day

Friday, July 3, 2015 Independence Day

NOTE: Any of the holidays falling on Saturday will be observed on preceding Friday; holidays falling on Sunday will be observed on the following Monday.

1.4 COMMENCEMENT OF WORK

No work under this contract will commence until such time as the Contracting Officer issues a written Notice to

Proceed.

1.5 PLACE OF PERFORMANCE

The Place of Performance will be at various roadways on Kirtland AFB, New Mexico as stated on the Statement of

Work.

1.6 REQUIRED INSURANCE (IAW FAR 28.306(b))

Reference FAR clause entitled “52.228-5 Insurance – Work On A Government Installation” the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

(a) Workman’s Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with statutory or administrative requirements in any such State will be satisfactory. The required Workman’s

Compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

(b) General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

(c) Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

(d) The Certificate of Insurance shall provide for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned “Insurance” clause.

1.7 INSURANCE CERTIFICATE

The contractor agrees to execute an insurance certificate with the Contracting Office in accordance with Section H, Paragraph 1.7, Required Insurance. This certificate shall be executed on the form entitled “Acknowledgment and

Certification of compliance with Contract Insurance Requirements”.

1.8 DAVIS BACON WAGE DETERMINATION

This requirement will be subject to one or more of the applicable Wage Determinations at the time of contract award

(see Section J, List of Attachments).

1.9 SUBCONTRACTING RESPONSIBILITIES

The contractor shall be responsible for the management and performance of all subcontracts. The contractor shall ensure the contract is completed within the stated requirements. The contractor is responsible for ensuring subcontracting opportunities are made available to small, small disadvantaged, women owned businesses, service disabled veterans, and HUBZone businesses in accordance with the goals of the contract. Reporting responsibilities for Large Business Concerns, if applicable, shall be in accordance with FAR Clause 52.219-9.

1.10 NOTICE OF CONSTRUCTIVE CHANGES

No order, statement or direction of the Contracting Officer Representative (COR), an authorized representative of the Contracting Officer, whether or not acting within the limits of his authority, or any other representatives of the

Government, shall constitute a change order under the “Changes” clause of this contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless such a change is issued in writing and signed by the

Contracting Officer.

1.11 PAYMENT FOR MATERIALS STORED ON SITE

(a) This clause implements, but does not replace, FAR 52.232-5, Payment Under Fixed-Price Construction

Contracts, with regard to material payments.

(b) Consideration for payment under this contract for materials stored on site is subject to the following conditions:

1) The Contractor shall furnish the Contracting Officer a list of the major high-cost items to be incorporated into the contract and for which payment, prior to installation, will be requested. Those items approved by the Contracting Officer will be entered on the AF Form 3064, Contract Progress

Schedule, as a percentage factor, or factors if items are listed individually.

2) Payment is limited to major high-cost items. Payment of major high-cost items does not include

Contractor overhead and profit. Such costs as sales tax, freight, handling, pallets, etc., are excluded.

3) Payment requests shall be consistent with approved material submittals and shall be supported by the following documents:

Certified paid vendor invoices.

Inventory checklists, jointly validated by the contractor, contract administrator, and/or construction inspector.

Accepted delivery tickets, if applicable.

4) All material for which payment is requested shall be delivered to an approval location on-site, and certified that none will be removed without written permission of the Contracting Officer. Materials may also be stored in a bonded warehouse offsite if there is no adequate storage space on base.

5) Payments will be made monthly, or at more frequent intervals as determined by the Contracting

Officer.

6) The Contractor shall remain responsible and retain title to the materials until incorporated into the work.

1.12 PERFORMANCE AND PAYMENT BONDS

Contractors shall furnish Performance and Payment Bonds (Standard Form 25/25A) with good and sufficient surety or sureties, acceptable to the Government. The penal sums of the bond will be as shown below has been received and accepted by the Contracting Officer.

(a) Performance Bond: Unless the Contracting Officer determines that a lesser amount is adequate for the protection of the Government, the penal sum of the performance bonds (Standard Form 25) shall equal one hundred percent (100%) of the contract price for this contract.

(b) Payment Bond:

1) Shall equal 100% of the contract price for this contract.

2) One of the following is required:

i. A payment bond.

ii. An irrevocable letter of credit (ILC).

iii. A tripartite escrow agreement. The prime contractor establishes an escrow account in a federally insured financial institution and enters into a tripartite escrow agreement with the financial institution, an escrow agent, and all of the suppliers of labor and material.

The escrow agreement shall establish the terms of payment under the contractor’s escrow account, and the escrow agent distributes the payments in accordance with the agreement, or triggers the disputes resolution procedures if required.

iv. Certificates of deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the Contracting Officer, in an acceptable form, executable by the Contracting Officer.

v. A deposit of the types of security listed in FAR 28.204-1 and 28.204-2.

3) Bonds are due within 10 days of the receipt of the contract award.

1.13 ENVIRONMENTAL COMPLIANCE

Offerors are reminded of the environmental requirements contained in the solicitation to comply with all applicable federal state, and local environmental statutes and regulations. In addition to the scrutiny of civil environmental regulatory agencies, environmental compliance incidental to Air Force activities or on Air Force property is subject to Air Force scrutiny. The Air Force routinely investigates environmental violations and compliance.

1.14 INSTALLATION RULES AND REGULATIONS

The rules and regulations of the installation where services are performed shall apply to the contractor and its employees while on the premises of such installation. These regulations include but are not limited to: presenting valid identification for base entrances, obtaining and using vehicle passes for all contractor-owned and/or privately owned vehicles, obeying all posted directives, and providing strict adherence to security police direction in instances where security police have been dispatched to a particular location.

1.15 UTILITY SERVICES (IAW FAR 36.514)

The Contractor will be required to participate in all Air Force energy conservation programs. Utility services furnished to the contractor by the Government from the Government’s existing system outlets and supplies will be at no cost to the contractor, but see contract clause titled FAR 52.236-14, “Availability and Use of Utility Services” in

Section I.

1.16 SPECIAL UTILITY PROVISION

The contractor shall be responsible for any and all damages to accurately marked utilities resulting from its operations. Further, the contractor shall be held liable for all costs associated with such damages. Such costs include not only the costs to properly repair the damaged utility, but any direct costs incurred by the Government to provide emergency response to the site, as well as for any other monetary losses. Such loss may also include the value of loss of productivity experienced by the Government due to loss of power and/or facility evacuation arising from the utility damage. Contractors are to field verify and mark location of utilities shown on construction permit.

1.17 DESIGNATION OF GOVERNMENT INSPECTOR

The Base Civil Engineer or its authorized representative (Base Maintenance Contract (BMC) contractor) is designated as the representative of the Contracting Officer for the purpose of performing Construction Contract

Quality Assurance for the Government, which includes performing technical surveillance and monitoring workmanship and compliance with the plans and specification under this contract. This provision in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of this contract.

1.18 PREPARATION OF SCHEDULES FOR CONSTRUCTION CONTRACTS

The reports contemplated by FAR Clause 52.236-15 titled “Schedules for Construction Contracts” in Section I shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, “Contract Progress Schedule” and AF Form 3065, “Contract Progress Report” unless a network schedule is specifically requested.

(End of Section)

Section I - Contract Clauses

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees APR 1984

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures OCT 2010

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

JUL 2013

52.204-13 System for Award Management Maintenance JUL 2013

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

AUG 2013

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

MAY 2012

52.215-2 Audit and Records--Negotiation OCT 2010

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.215-21 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data--

Modifications

OCT 2010

52.216-7 Allowable Cost And Payment JUN 2013

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns JUL 2013

52.219-14 Limitations On Subcontracting NOV 2011

52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

JUL 2005

52.222-6 Davis Bacon Act JUL 2005

52.222-7 Withholding of Funds FEB 1988

52.222-8 Payrolls and Basic Records JUN 2010

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.222-11 Subcontracts (Labor Standards) JUL 2005

52.222-12 Contract Termination-Debarment FEB 1988

52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility FEB 1988

52.222-21 Prohibition Of Segregated Facilities FEB 1999

52.222-26 Equal Opportunity MAR 2007

52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.222-35 Equal Opportunity for Veterans SEP 2010

52.222-36 Affirmative Action For Workers With Disabilities OCT 2010

52.222-37 Employment Reports on Veterans SEP 2010

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons FEB 2009

52.222-54 Employment Eligibility Verification AUG 2013

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-11 Ozone-Depleting Substances MAY 2001

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007

52.228-2 Additional Bond Security OCT 1997

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-11 Pledges Of Assets JAN 2012

52.228-12 Prospective Subcontractor Requests for Bonds OCT 1995

52.228-14 Irrevocable Letter of Credit DEC 1999

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 SEP 2002

52.232-17 Interest OCT 2010

52.232-18 Availability Of Funds APR 1984

52.232-23 Assignment Of Claims JAN 1986

52.232-27 Prompt Payment for Construction Contracts JUL 2013

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.233-1 Disputes JUL 2002

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-26 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 DEC 2013

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering-Construction OCT 2010

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) 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

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A MAR 2014

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

MAR 2014

252.215-7000 Pricing Adjustments DEC 2012

252.223-7001 Hazard Warning Labels DEC 1991

252.223-7004 Drug Free Work Force SEP 1988

252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 2012

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011

252.227-7022 Government Rights (Unlimited) MAR 1979

252.232-7010 Levies on Contract Payments DEC 2006

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.236-7006 Cost Limitation JAN 1997

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS (MAY 2008)

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to the assigned cognizant Administrative Contracting Officer at AFNWC/PZIC.

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010)

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 section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), 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 Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act 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:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph

(b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty

(whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the

Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) \1\

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents 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)

52.232-16 PROGRESS PAYMENTS (APR 2012) ALTERNATE I (MAR 2000)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts. (1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 85 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under FAR 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors--

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless--

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for --

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor

(ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 85 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs

(a)(4) or (a)(5) of this clause, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 85 percent of the amount invoiced, whichever is less. The

Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) of this clause).

(2) Performance of this contract is endangered by the Contractor's --

(i) Failure to make progress or

(ii) Unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.

(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph (b) of this clause, and that rate is less than the progress payment rate stated in subparagraph (a)(1) of this clause.

(d) Title.

(1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the below-described items acquired or produced by the

Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would not be obtained as special tooling under paragraph (d) (2)(ii) of this…