2008GSAIDIQSolicitation8(a)RFP.doc

General Services Administration

Solicitation #GS-08P-08-JB-D-0048

Region 8

GSA Region 8

SOLICITATION

Multiple Award Construction Contract (MACC)

Solicitation # GS-08P-08-JB-D-0048

SOLICITATION INDEX

Page Section 00010 MACC Overview

Solicitation Contract Form 1442

Solicitation Overview

Section 00100 Instructions to Offerors

Proposal Submittal Requirements

Section 00110 Basis of Award and Evaluation Factors

Section 00700 Contract Clauses

· FAR Clauses

· GSAM Clauses

· Supplemental Contract Clauses

Section 00710 Contract Provisions

· FAR Provisions

· GSAM Provisions

Section 00800 Special Contract Requirements

Section 00810 Task Order Issuance Procedures

Section 00820 Task Order Competition

Section 00830 Task Order Evaluation

Appendix 1 Definitions

Appendix 2 Exhibits

· Exhibit A - Offeror Past Performance Project Data Sheet

· Exhibit B - Past Performance Questionnaire

· Exhibit C - Project Manager Resume

· Exhibit D- Surety Form

· Exhibit E - Price Factors

· Exhibit F - Sample Project Bid Form (located in separate PDF file)

· Exhibit G - Sample Project Plans & Specifications (located in separate PDF file) Section 00010 MACC Solicitation

1. GENERAL OVERVIEW OF THE IDIQ MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC)

A Multiple Award Construction Contract is a contract awarded from a single solicitation, and may result in award to multiple contractors. This procurement is set-aside for 8(a) contractors. The procurement consists of one solicitation with the intent to award up to five Indefinite Delivery Indefinite Quantity (IDIQ) Contracts to the Offeror(s) whose proposal(s), conforming to the RFP, will be most advantageous to the Government resulting in the Best Value, cost or price and other factors considered. This RFP does not require pre-established fixed contract line item prices.

The actual amount of work to be performed and the time of such performance will be determined by a Contracting Officer, who will issue written Task Orders to the Contractor. Prices will be requested and evaluated for each task order. Award of Task Orders will be on a firm fixed price basis. This is not a requirements contract.

2. SET-ASIDE: This contract is 100% set-aside for 8(a) program participants. This procurement is restricted to Bona Fide Colorado Firms. Failure to establish a physical office in the state of Colorado with 45 days of contract award will result in a Termination for Default.

3. NAICS CODE: 236220; Size Standard: $31 million applies to this general construction contract.

4. DESCRIPTION OF WORK:

The work to be acquired under this contract is for new construction and renovation within the NAICS code 23622, primarily by design-bid-build or secondarily by design-build of general building construction at various locations. The majority of work will be located within the primary contract area, which is the 100 mile radius of the Colorado State Capitol Building (14th & Broadway). Task Orders may also be issued for locations within the secondary contract area which includes the state of Colorado outside the primary contract area, the states of North Dakota, South Dakota, Montana, Utah and Wyoming. Task orders pertaining to secondary service areas will be permitted a travel allowance.

Types of projects may include but are not limited to: commercial additions ($1,000,000 - $3,500,000), major renovation ($500,000 - $1,500,000), tenant finish ($100,000 - $1,000,000), and repair and alterations ($2,000 - $100,000).

5. CONTRACT DURATION, LIMITS, AND AMOUNTS

a. Term of contract: Each of the resulting contracts will be for a base year of 12 months (or less, as determined by the Contracting Officer if the maximum contract amount is ordered by the Government).

b. Options: Each contract contains four (4) 12-month options for a total maximum duration of 60 months or estimated maximum dollar value (see paragraph d below), whichever occurs first. The Government has the option to extend the term of the contract in accordance with FAR 52.217- 8 and FAR 52.217-9.

c. Amounts: The maximum dollar value, including the base year and all options, for all contracts combined is $87,500,000.

d. Task Order Limitations: Task orders will range between $2,000 and $3,500,000. Task Orders may fall above this limit; however contractors are not obligated to accept such task orders under the general terms of the contract. The annual maximum Task Order limit per Contractor is $3,500,000.

e. Minimum Guarantee: The Government makes no representation as to the number of Task Orders or actual amount of work to be ordered, however, during the exercised term of the contract, an annual minimum of $10,000 is guaranteed to each awardee. Contractors are not guaranteed work in excess of the minimum guarantee specified herein.

6. IDENTIFICATION OF CONTRACTING OFFICER/TASK ORDER CONTRACTING OFFICERS

The Contracting Officer for this MACC is Tracy Maes. The Contracting Officer is responsible for the contract in its entirety and possesses complete authority to modify the terms of the basic contract. The Contract Specialist is Tannis Taylor. The Contracting Specialist is responsible for administration of this contract.

Individual Task Orders will be issued by various Contracting Officers within GSA Region 8. These individuals will be responsible and possess the authority to act on behalf of the Government with respect to the specific Task Order and Task Order modifications. All post award/administrative correspondence, i.e., insurance, preliminary notices, etc., pertaining to individual Task Orders shall be addressed to the Task Order Contracting Officers.

Section 00100 Instructions To Offerors

Proposal submittal requirements:

Proposals must fully conform to the terms, conditions, and instructions of this solicitation. Deviations from the terms and conditions may result in a proposal being determined to be unresponsive or result in a lower technical rating.

1. Proposal Format

Submit one original proposal and four copies. Please do not use metal (spiral type) binding for proposal materials. Plastic binding and 3 ring notebooks are acceptable.

The format for the proposal is as follows:

· Cover Letter

· Government Standard Form 1442 (Solicitation, Offer, and Award) with blocks 14 through 20c completed

· Factor 1: Past Performance of Offeror and Offeror's Team

· Exhibit "A" Past Performance Project Data Sheet

· Exhibit "B" Past Performance Questionnaire

· Factor 2, Technical Capabilities and Key Personnel

· Exhibit “C” Resumes for Key Personnel/Project Managers

· Exhibit "D” Surety Form

· Factor 3, Price Proposal

· Exhibit “E” Task Order Pricing Factors

· Exhibit “F” Sample Task Bid Form

· Exhibit “G” Sample Project Plans & Specifications

· Representations and Certifications or Small Business Program Representations (Reps & Certs located in Provisions, Small Business Program Reps & Certs located in Clauses)

· Asbestos Containing Materials Certification (located in Provisions)

· Certification of Toxic Chemical Release Reporting (located in Provisions) The cover letter shall include—

(a) The solicitation number

(b) The name, address, telephone and facsimile numbers, and e-mail addresses of the offeror’s points of contact.

(c) The DUNS Number of the offeror.

(d) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Any exceptions to the terms and conditions must be clearly expressed.

(e) Names, titles, phone and facsimile numbers, and electronic addresses of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation and subsequent task orders.

(f) Name, title, and signature of person authorized to sign the proposal.

Offerors are asked to submit only the information required in this solicitation. Do not submit any additional information such as brochures or other pre-printed materials.

2 Inquiries regarding the Request for Proposal (RFP) should be emailed to Tannis Taylor (Tannis.Taylor@GSA.gov). Answers to RFP inquiries will be posted on fedbizopps.gov.

3. Proposal Submission

Offerors should address all evaluation factors and shall submit the proposal to the following address:

Attention: John Brock

Bldg 41, Room 240 8PC

Denver Federal Center

Denver, CO 80225

LATE SUBMITTALS WILL NOT BE CONSIDERED. Proposal must be clearly marked on the outside of the package with the solicitation number.

4. Pre-Proposal Conference

Questions regarding this RFP will be addressed at a pre-proposal conference March 31, 2008 at 10:00 am local time, at Building 41, the Denver Federal Center, where questions will be answered relative to this RFP. All prospective offerors are urged to attend this conference. In order to make the conference as productive as possible, offerors are requested to submit in advance any questions they may have in writing to Tannis Taylor at Tannis.Taylor@gsa.gov. The submission of written questions will not preclude anyone from posing questions during the pre-proposal conference.

Failure of a prospective offeror to attend the conference will be construed to mean that the offeror fully understands all requirements of the solicitation. Prospective offerors are advised that the pre-proposal conference will be held solely for the purpose of explaining the concepts involved in the sample project, specifications, terms, and conditions of this solicitation. No minutes of this meeting will be issued.

All prospective offerors are advised that this solicitation will remain unchanged unless it is amended in writing. All amendments will be published on fedbizopps.

5. Central Contractor Registration (CCR)

Contractors must be registered in the Central Contractor Register (CCR) prior to award of a contract. For more information, see the CCR website at http://www.ccr.gov. A contract cannot be awarded to a contractor not registered in CCR. Remember to review the NAICS codes listed in your CCR record and make sure that you have listed the NAICS code 236220.

6. Online Representations and Certifications Applications (ORCA)

In order to participate on this solicitation, Contractors shall complete electronic representations and certifications. To complete the ORCA, see the ORCA website at http://orca.bpn.gov. Two items are needed prior to ORCA registration: (1) an active record in CCR and (2) an MPIN from that active CCR record. Once logged into the ORCA website using a valid DUNS number and MPIN, MAKE SURE TO COMPLETE THE ORCA REGISTRATION PROCESS BY CLICKING THE 'CREATE ORCA RECORD" BUTTON AT THE BOTTOM OF THE PAGE. Contractors must then complete the questionnaire and click the "Submit Certification" button when finished. For step-by-step instructions on how to enter your ORCA application, go to the following website: http://orca.bpn.gov/help.aspx and click on "ORCA Handbook".

7. Incurred Expenses

The Government is not responsible for any costs incurred or associated with preparation and submission of a proposal in response to this solicitation.

Section 00110 Basis Of Award And Evaluation Factors

1. BASIS OF AWARD

Selection of contractor(s) will be accomplished using Source Selection Procedures on the basis of Best Value to the Government, considering price and other factors combined. Interested firms are expected to review and understand the RFP and provide proposed prices for the sample project, and all proposal information required to evaluate their technical and past performance factors.

The Government anticipates awarding up to five multiple award construction contracts. Award of the basic multiple award construction contracts will be made to those responsible offerors whose proposals conforming to the solicitation are determined to be the most advantageous to the Government considering past performance, technical capabilities/key personnel, and price factors. The Government reserves the right to reject any or all contract offers at any time prior to award; to negotiate with any one or all offerors; and to award the contract to other than the offeror submitting the lowest total price.

OFFERORS ARE ADVISED THAT AN AWARD MAY BE MADE WITHOUT DISCUSSIONS OR ANY CONTACT CONCERNING THE PROPOSALS. Therefore, proposals should be submitted initially on the most favorable price and technical terms. Offerors should not assume that they will be contacted or afforded the opportunity to qualify, discuss, or revise their proposals.

2. RATING SCHEME

Proposals shall be evaluated against the proposal evaluation criteria and rated according to the following scale:

Outstanding (5 points): An outstanding proposal is characterized as follows:

• The proposed approach indicates a thorough and comprehensive understanding of the goals, resources, and other aspects essential to perform construction services as required by GSA.

• In terms of the specific factor (or significant subfactor), the proposal contains major strengths, exceptional features, or innovations that should substantially benefit the program.

• There are no weaknesses or deficiencies.

• The risk of unsuccessful contract performance is extremely low.

Good (4 points): A good proposal is characterized as follows:

• The proposed approach indicates a thorough understanding of the program goals and the methods, resources, schedules, and other aspects essential to the performance of the program.

• The proposal has major strengths and/or minor strengths which indicate the proposed approach will benefit the program.

• Weaknesses, if any, are minor and are more than offset by strengths.

• Risk of unsuccessful performance is very low.

Satisfactory(3 points): A satisfactory proposal is characterized as follows:

• The proposed approach indicates an adequate understanding of the program goals and the methods, resources, schedules, and other aspects essential to the performance of the program.

• There are few, if any, exceptional features to benefit the program.

• The risk of unsuccessful performance is low.

• Weaknesses are generally offset by strengths.

Marginal (2 points): A marginal proposal is characterized as follows:

• The proposed approach indicates a superficial or vague understanding of the program goals and the methods, resources, schedules, and other aspects essential to the performance of the program.

• The proposal has weaknesses that are not offset by strengths.

• The risk of unsuccessful contract performance is moderate.

Unsatisfactory (1 point): An unsatisfactory proposal is characterized as follows:

• The proposed approach indicates a lack of understanding of the program goals and the methods, resources, schedules, and other aspects essential to the performance of the program.

• Numerous weaknesses and deficiencies exist.

• The risk of unsuccessful performance is high.

3. EVALUATION FACTORS

The evaluation factors for this procurement are: Past Performance, Technical Capabilities/Key Personnel, and Price Factors.

Factor 1: Past Performance

The basis of evaluation will include the quality of Past Performance of the Offeror depicting a range of projects for new construction, repair, and renovation by design-build and design-bid-build, of general building construction that are similar in scope, type, and complexity to projects shown in the project description for this solicitation, including associated Architectural and Engineering related work (for design-build projects). The evaluation will also take into account past performance information regarding predecessor companies and key personnel who have relevant experience when such information is relevant to this procurement.

· A maximum of five projects will be evaluated for the Offeror. Projects will be considered only if the Offeror served as the Primary/General Contractor. Projects to be evaluated for the Offeror will have been completed within the past three years.

· Offerors may include projects with the Federal Government, agencies of state and local governments, and commercial customers. Offerors should submit projects which provide past performance in a variety of the areas to be evaluated.

· For each project, submit Exhibit "A" (Project Data Sheet) and Exhibit “B” (Past Performance Questionnaire).

Factor 2: Technical Capabilities/Key Personnel

The basis of evaluation will include the Offeror’s quality of experience with a variety of design-build and design-bid-build projects for commercial additions, major renovations, tenant finish, historic restoration, and repair and alterations, that are similar in scope, size (project dollar value), type, and complexity to projects shown in the project description for this solicitation. The Government will evaluate the Offeror in terms of their experience and how each submitted project relates to the relative size (project dollar value), scope, type, and complexity of these projects that may be issued as Task Orders under the solicited contracts. Offerors, who submit projects and resumes for key personnel, a subsidiary, satellite office, or parent company, must explain how this office/person will participate in this contract. If it is not clear how this office/person will participate in this contract, the project will be removed and discarded prior to evaluation.

Proposal Submission Requirements:

· Offerors will submit Exhibit “C” resume information for Project Managers showing at a minimum, professional licenses, education, and relevant industry experience.

· Offerors will submit a concise narrative, not to exceed ten pages, describing/including each of the following:

· List permanent construction office locations.

· Personnel listing (number of full time project managers, superintendents, estimators, skilled laborers (list specific trades), unskilled laborers). Include only personnel directly employed by the Offeror.

· List company owned (or leased) shop and warehouse facilities, heavy equipment, vehicles, etc.

· A list of licensed trades that can be self performed.

· Program Manager’s authority, knowledge of, and experience in both private and government facilities, design-build contracts, construction safety, Quality Control (QC), and sustainable design.

· List construction software programs used (scheduling, estimating, project management, CADD).

· Best Insurance Rating Document

· ACCORD 27 and ACCORD 75 to include limits for general liability, workman’s compensation, and builder’s risk insurance.

· Offeror's bonding capacity (Exhibit D) for multiple task orders, specifically, aggregate bonding capacity, current available bonding, as well as single project limit. The bonding capacity will need to meet or exceed the minimum task order amount for this contract (as shown on the first page of the SF1442).

Factor 3: Price Factors

Price Factor elements will include an evaluation of the offeror’s proposal for the Sample Project, and a separate evaluation of specific prices (hourly rates and/or percentages) for General Conditions, Project Management and Superintendent Labor, Overhead, and Profit (Exhibit E Price Factors).

Task Order Price Factors must be submitted using the Exhibit “E” table, located in Attachment #2. Important! Please note - the pricing factors submitted by offerors will be incorporated into the contract, and will be maximum rates allowed on individual task orders. However, when submitting competitive bids for task orders, offerors may choose to bid below their maximum rates.

Sample Project

Sample Project pricing must be submitted using the Exhibit “F” Sample Task Bid Form located in Attachment #2. The price proposal for the Sample Project will be evaluated in accordance with the following:

• Comparison of proposed prices received in response to the solicitation.

• Comparison of proposed prices with the independent Government estimate.

• Comparison of proposed prices with available historical information.

• Comparison of proposed prices with resources proposed.

GSA will provide a standard format for proposal submission. A price that is found to be either unreasonably high or unrealistically low in relation to the proposed work may be indicative of an inherent lack of understanding of the solicitation requirements and may result in the proposal being rated lower or considered unacceptable.

Any inconsistency, whether real or apparent, between proposed performance and price must be clearly explained in the price proposal. For example, if unique and innovative approaches are the basis for an apparently unbalanced/inconsistently priced proposal, the nature of these approaches and their impact on price must be completely documented. The burden of proof of price realism rests solely with the Offeror.

4. RELATIVE IMPORTANCE OF THE EVALUATION FACTORS

Factor 1 is of greatest importance. Factors 1 and 2 are of approximately equal value. When the proposal is evaluated as a whole, Factors 1 and 2 combined are significantly more important than Factor 3. The importance of Factor 3, Price, will increase if Offerors' non-pricing proposal factors are considered essentially equal in terms of quality or if price is so high or low as to significantly diminish the value of a proposal's technical superiority to the government.

Section 00700 Contract Clauses

FAR CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov www.acqnet.gov/gsam (End of clause)

FAR Clauses Incorporated by Reference 52.202-1 Definitions

JUL 2004

52.203-3 Gratuities

APR 1984

52.203-5 Covenant Against Contingent Fees

52.203-6 Restrictions on Subcontractor Sales to the Government

SEPT 2006

52.203-7 Anti-Kickback Procedures

JUL 1995

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

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

SEP 2007

52.204-2 Security Requirements

AUG 1996

Alternate II

52.204-4 Printed or Copied Double-Sided on Recycled Paper

AUG 2000

52.204-7 Central Contractor Registration

JUL 2006

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.211-6 Brand Name or Equal

AUG 1999

52.211-13 Time Extensions

SEP 2000

52.211-18 Variation in Estimated Quantity

52.215-2 Audit and Records--Negotiation

JUN 1999

52.215-10 Price Reduction for Defective Cost or Pricing Data

OCT 1997

52.215-11 Price Reduction for Defective Cost or Pricing Data-Modifications

OCT 1997

52.215-12 Subcontractor Cost or Pricing Data

52.215-13 Subcontractor Cost or Pricing Data--Modifications

52.215-15 Pension Adjustments and Asset Reversions

OCT 2004

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes

52.215-20 Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data Alternate IV

52.215-21 Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data—Modifications Alternate IV

52.219-14 Limitations on Subcontracting

DEC 1996

52.222-3 Convict Labor

JUN 2003

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

Compensation

52.222-5 Davis-Bacon Act--Secondary Site of the Work

52.222-6 Davis Bacon Act

52.222-7 Withholding of Funds

FEB 1988

52.222-8 Payrolls and Basic Records

52.222-9 Apprentices and Trainees

52.222-10 Compliance with Copeland Act Requirements

52.222-12 Contract Termination-Debarment

52.222-13 Compliance with Davis-Bacon and Related Act Regulations

FEB 1988

52.222-14 Disputes Concerning Labor Standards

52.222-15 Certification of Eligibility

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 Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities

JUN 1998

52.222-37 Employment Reports On Special Disabled Veterans, Veterans

Of The Vietnam Era, and Other Eligible Veterans

52.222-39 Notification of Employee Rights Concerning Payment of Union

Dues or Fees

DEC 2004

52.223-3 Hazardous Material Identification And Material Safety Data

JAN 1997

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

AUG 2003

52.223-6 Drug-Free Workplace

MAY 2001

52.223-14 Toxic Chemical Release Reporting

AUG 2003

52.225-13 Restrictions on Certain Foreign Purchases

FEB 2006

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

52.228-5 Insurance - Work On A Government Installation

52.228-11 Pledges Of Assets

FEB 1992

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

NOV 2006

52.229-3 Federal, State And Local Taxes

APR 2003

52.232-5 Payments under Fixed-Price Construction Contracts

SEP 2002

52.232-16 Progress Payments

APR 2003

Alternate I

MAR 2000

52.232-17 Interest

JUN 1996

52.232-18 Availability Of Funds

52.232-23 Assignment of Claims

JAN 1986

52.232-27 Prompt Payment for Construction Contracts

SEP 2005

52.232-33 Payment by Electronic Funds Transfer—Central Contractor Registration

OCT 2003

52.233-1 Disputes

JUL 2002

52.233-3 Protest After Award

52.233-4 Applicable Law for Breach of Contract Claim

OCT 2004

52.236-2 Differing Site Conditions

52.236-3 Site Investigation and Conditions Affecting the Work

52.236-5 Material and Workmanship

52.236-6 Superintendence by the Contractor

(Note-applies only when required by Task Order)

52.236-7 Permits and Responsibilities

NOV 1991

52.236-8 Other Contracts

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

52.236-10 Operations and Storage Areas

52.236-11 Use and Possession Prior to Completion

52.236-12 Cleaning Up

52.236-13 Accident Prevention

52.236-14 Availability and Use of Utility Services

52.236-15 Schedules for Construction Contracts

(Note-applies only when required by Task Order)

52.236-21 Specifications and Drawings for Construction

FEB 1997

52.236-22 Design Within Funding Limitations

52.236-23 Responsibility of the Architect-Engineer Contractor

52.236-24 Work Oversight in Architect-Engineer Contracts

52.236-25 Requirements for Registration of Designers

JUN 2003

52.236-26 Preconstruction Conference

FEB 1995

52.236-27 Site Visit (Construction) - Applies to each Task Order

FEB 1995

52.242-13 Bankruptcy

JUL 1995

52.242-14 Suspension of Work

52.243-4 Changes

JUN 2007

52.243-5 Changes and Changed Conditions

52.244-6 Subcontracts for Commercial Items

MAR 2007

52.245-1 Government Property

52.245-9 Use and Charges

52.246-12 Inspection of Construction

52.246-13 Inspection—Dismantling, Demolition, or Removal of Improvements.

AUG 1996

52.246-21 Warranty of Construction

MAR 1994

52.247-34 F.O.B. Destination

52.248-2 Value Engineering--Architect-Engineer

MAR 1990

52.248-3 Value Engineering-Construction

52.249-1 Termination for Convenience of the Government (Fixed-Price)

(Short Form)

52.249-2 Termination for Convenience of the Government (Fixed-Price)

MAY 2004

SEP 1996

52.249-10 Default (Fixed-Price Construction)

52.251-1 Government Supply Sources

52.253-1 Computer Generated Forms

JAN 1991

FAR Clauses Incorporated By Full Text

52.204-9 Personal Identity Verification of Contractor Personnel.

As prescribed in 4.1303, insert the following clause:

Personal Identity Verification of Contractor Personnel (Sept 2007)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

(End of clause)

52.211-10 Commencement, Prosecution, and Completion of Work.

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. (See Individual Task Order for specific information) Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within _________ [Contracting Officer insert number] calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than ______________.* The time stated for completion shall include final cleanup of the premises.

(End of clause)

Alternate I (Apr 1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by _______________ [Contracting Officer insert date]. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of clause)

52.211-12 Liquidated Damages—Construction. (See Individual Task Order for specific information) As prescribed in 11.503(b), insert the following clause in solicitations and contracts:

Liquidated Damages—Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of ____________ [Contracting Officer insert amount] for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.216-18 Ordering.

As prescribed in 16.506(a), insert the following clause:

Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the contract Base Year through Option Year IV.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations.

As prescribed in 16.506(b), insert a clause substantially the same as follows:

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $3,500,000;

(2) Any order for a combination of items in excess of $3,500,000; or

(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity.

As prescribed in 16.506(e), insert the following clause:

Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after _______________ [date to be inserted at time of contract award.]

(End of clause)

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 of extension.

(End of clause)

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 60* 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 5 years.

(End of clause)

*Note: The 60 days and 5 years apply to the basic contract only. Each individual task order will include specific information as applicable.

52.219-28 Post-Award Small Business Program Rerepresentation.

As prescribed in 19.308(d), insert the following clause:

Post-Award Small Business Program Rerepresentation (June 2007)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code ______________ assigned to contract number ______________.

[Contractor to sign and date and insert authorized signer’s name and title].

(End of clause)

52.222-11 Subcontracts (Labor Standards).

As prescribed in 22.407(a), insert the following clause:

Subcontracts (Labor Standards) (July 2005)

(a) Definition. “Construction, alteration or repair,” as used in this clause, means all types of work done by laborers and mechanics employed by the construction Contractor or construction subcontractor on a particular building or work at the site thereof, including without limitation—

(1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site;

(2) Painting and decorating;

(3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work;

(4) Transportation of materials and supplies between the site of the work within the meaning of paragraphs (a)(1)(i) and (ii) of the “site of the work” as defined in the FAR clause at 52.222-6, Davis-Bacon Act of this contract, and a facility which is dedicated to the construction of the building or work and is deemed part of the site of the work within the meaning of paragraph (2) of the “site of work” definition; and

(5) Transportation of portions of the building or work between a secondary site where a significant portion of the building or work is constructed, which is part of the “site of the work” definition in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, and the physical place or places where the building or work will remain (paragraph (a)(1)(i) of the FAR clause at 52.222-6, in the “site of the work” definition).

(b) The Contractor shall insert in any subcontracts for construction, alterations and repairs within the United States the clauses entitled—

(1) Davis-Bacon Act;

(2) Contract Work Hours and Safety Standards Act—Overtime Compensation (if the clause is included in this contract);

(3) Apprentices and Trainees;

(4) Payrolls and Basic Records;

(5) Compliance with Copeland Act Requirements;

(6) Withholding of Funds;

(7) Subcontracts (Labor Standards);

(8) Contract Termination—Debarment;

(9) Disputes Concerning Labor Standards;

(10) Compliance with Davis-Bacon and Related Act Regulations; and

(11) Certification of Eligibility.

(c) The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor performing construction within the United States with all the contract clauses cited in paragraph (b).

(d)(1) Within 14 days after award of the contract, the Contractor shall deliver to the Contracting Officer a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for construction within the United States, including the subcontractor’s signed and dated acknowledgment that the clauses set forth in paragraph (b) of this clause have been included in the subcontract.

(2) Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to the Contracting Officer an updated completed SF 1413 for such additional subcontract.

(e) The Contractor shall insert the substance of this clause, including this paragraph (e) in all subcontracts for construction within the United States.

(End of clause)

52.225-9 Buy American Act—Construction Materials.

As prescribed in 25.1102(a), insert the following clause:

Buy American Act—Construction Materials (Jan 2005)

(a) Definitions. As used in this clause—

“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; or

(2) A construction material manufactured in the United States, if 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.

“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. 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 the construction material or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate “none”]

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

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

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

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

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

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

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

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

(2) If the Government determines after contract award that an exception to the Buy American 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

Item 1:

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).]

52.225-11 Buy American Act—Construction Materials under Trade Agreements.

As prescribed in 25.1102(c), insert the following clause:

Buy American Act—Construction Materials under Trade Agreements…