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CODE
(Hour)
PAGE(S)
until 02:00 PM local time 24 Aug 2021
X
A X B X C
D
EX
X G F 40 - 44
45 - 51 X H 52 - 61
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA FAR (48 CFR) 53.214(c)
1 61
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
N69450 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 3 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
1 - 2 3 - 9
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
10 J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
12 - 13
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 14 - 17 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 18 - 23 X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIONS AND INSTRUCTIONS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
24 - 38
PART II - CONTRACT CLAUSES
NAVFAC ENGINEERING SYSTEMS COMMAND SE
FSC-BOS
BUILDING 903, PO BOX 30
JACKSONVILLE FL 32212-0030
904-542-6942FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
22 Jul 2021
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
N6945021R0084
Section A - Solicitation/Contract Form
A.1 TYPE OF CONTRACT
Award of this solicitation will result in a facilities support indefinite-quantity contract with recurring work / firm fixed price (FFP) and non-recurring work / indefinite-delivery indefinite-quantity (IDIQ) provisions.
A.2 SERVICE REQUIREMENTS
The outcomes to be achieved are Base Operations Support (BOS) Services in support of Cooperative Security Location (CSL) Comalapa, Comalapa Air Base, El Salvador. This requirement includes all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide for the following services: IT Support and Management, Force Protection, Airfield Facilities, Material Management, Facility Investment, Custodial, Pest Control, Integrated Solid Waste Management, Grounds Maintenance and Landscaping, Wastewater, Water, Base Support Vehicles and Equipment, and Environmental. The outcomes for this acquisition are consistent with the Federal Acquisition Regulation (FAR) 37.101 definition of service contracts.
A.3 COMPETITION ENVIRONMENT
This contract is solicited under full and open competition.
A.4 NAICS CODE
The NAICS code is 561210, Facilities Support Services.
A.5 PRIOR CONTRACT INFORMATION
The contract issued as a result of this solicitation will replace contract N69450-17-D-1704, which is due to expire on 31 March 2022. The following information applies to that contract. No assurances are made that workload and volume of future effort and costs will replicate past experience. This information is provided merely for informational purposes:
Contract Number N69450-17-D-1704
J&J Maintenance, Inc.
7710 RIALTO BLVD SUITE 200
AUSTIN TX 78735-8563
Period of Performance FFP IDIQ Total Base 01APR17-31MAR18 $ 1,551,322.47 $ 30,090.00 $ 1,623,874.80 Option 1 01APR18-31MAR19 $ 1,854,465.61 $ 30,260.00 $ 1,884,725.61 Option 2 01APR19-31MAR20 $ 2,063,719.17 $ 80,430.00 $ 2,144,149.17 Option 3 01APR20-31MAR21 $ 2,238,217.22 $ 80,610.00 $ 2,318,827.22 Option 4 01APR21-31MAR22 $ 2,283,637.61 $ 80,790.00 $ 2,364,427.61 Totals $10,033,824.41 $302,180.00 $ 10,336,004.41
Section B - Supplies or Services and Prices
B.1 PRICING OF CLINS
The contract pricing is structured into 12 Contract Line Item Numbers (CLINs). The base period is covered by CLINs 0001 and 0002. Each of the four one-year option periods is likewise covered by two CLINs. The FFP/recurring work base period requirement and the overall guaranteed minimum for the contract is CLIN 0001.
CLINs 0003, 0005, 0007, 0009, and 0011 account for the recurring work requirements in each option period. CLINs 0002, 0004, 0006, 0008, 0010, and 0012 contain non-recurring work requirements that are pre-priced as part of your offer.
Section B CLINs are supported by Section J Exhibit Line Item Numbers (ELINs). Before Pricing Section B, complete the Section J ELINs Attachment Excel spreadsheet. The spreadsheet includes multiple worksheets which must be completed. Submit the completed spreadsheet with your proposal in hard copy and electronic format. The spreadsheet contains 12 tabs of ELINs, each corresponding to a Section B CLIN. They are identified for example, as: “CLIN 0001 – Base Period Rec”, “CLIN 0002 – Base Period NR”, “CLIN 0003 – 1st OP Recurring”, “CLIN 0004 – 1st OP Nonrecurring”, etc. ELINS with prefix “A” support the Base Period, ELINs with prefix “B” support Option Period 1, ELINs with prefix “C” support Option Period 2, ELINs with prefix “D” support Option Period 3, ELINs with prefix “E” support Option Period 4, and ELINs with prefix “F” support the FAR 52.217-8 Option. The total of ELINs A001 through A013 will be the amount you should enter in Section B CLIN 0001. The total of A700 through A705 will be the amount you should enter in Section B CLIN 0002. The total of B001 through B013 will be the amount you should enter in Section B CLIN 0003. The total of B700 through B705 will be the amount you should enter in Section B CLIN 0004, etc. Continue pricing accordingly and make sure that the total of each tab of ELINs is equal to its corresponding CLIN value entered in Section B. The total of all Section J ELINs should equal the total of all Section B CLINs 0001 through 0012.
B.2 MAX NTE AND MIN GUARANTEE
The maximum NTE value of an ordering period is the total of all the CLINs in that ordering period. The maximum or NTE value of the contract is the total value of all CLINs in the Schedule. Orders shall not be made that exceed the maximum NTE value for any ordering period. The maximum NTE value of an ordering period and of the contract may be increased by written modification to the contract in conjunction with any modification that increases the value of an existing task order that is authorized by a contract clause. Orders in excess of the estimated quantity set forth for any particular CLIN shall not be exceeded without the Contractor’s agreement which shall be indicated by signing or beginning performance of the order.
Concurrently with the award of the basic contract, the Government intends to issue a task order to obligate the contract minimum guarantee for:
CLIN 0001, Base Period Recurring Work;
Minimum guarantees do not apply to the option periods.
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 UNDEFINED Each Base Period Recurring
FFP
Recurring Base Operations Support Services in accordance with the Performance Work Statement and all applicable attachments. Total for Exhibit Line Item Numbers (ELINs)/Sub-ELINs A001 through A013 from attachment J-0200000- 08, worksheet tab - Base Period Recurring.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
FOB: Destination
PSC CD: Z1PZ
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
0002 UNDEFINED Each Base Period Non-Recurring
FFP
Non-recurring Base Operations Support Services in accordance with the Performance Work Statement and all applicable attachments. Total for ELINs A700 through A705 from attachment J-0200000-08, worksheet tab - Base Period
NR.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0003 UNDEFINED Each OPTION Option Period 1 Recurring
FFP
Recurring Base Operations Support Services in accordance with the Performance Work Statement and all applicable attachments. Total for ELINs/Sub-ELINs B001 through B013 from attachment J-0200000-08, worksheet tab - 1st OP Recurring.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0004 UNDEFINED Each OPTION Option Period 1 Non-Recurring
FFP
Recurring Base Operations Support Services in accordance with the Performance Work Statement and all applicable attachments. Total for ELINs B700 through B705 from attachment J-0200000-08, worksheet tab - 1st OP Nonrecurring.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0005 UNDEFINED Each OPTION Option Period 2 Recurring
FFP
Recurring Base Operations Support Services in accordance with the Performance Work Statement and all applicable attachments. Total for ELINs/Sub-ELINs C001 through C013 from attachment J-0200000-08, worksheet tab - 2nd OP Recurring.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0006 UNDEFINED Each OPTION Option Period 2 Non-Recurring
FFP
Recurring Base Operations Support Services in accordance with the Performance Work Statement and all applicable attachments. Total for ELINs C700 through C705 from attachment J-0200000-08, worksheet tab - 2nd OP Nonrecurring.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0007 UNDEFINED Each OPTION Option Period 3 Recurring
FFP
Recurring Base Operations Support Services in accordance with the Performance Work Statement and all applicable attachments. Total for ELINs/Sub-ELINs D001 through D013 from attachment J-0200000-08, worksheet tab - 3rd OP Recurring.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0008 UNDEFINED Each OPTION Option 3 Period Non-Recurring
FFP
Recurring Base Operations Support Services in accordance with the Performance Work Statement and all applicable attachments. Total for ELINs D700 through D705 from attachment J-0200000-08, worksheet tab - 3rd OP Recurring.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0009 UNDEFINED Each OPTION Option Period 4 Recurring
FFP
Recurring Base Operations Support Services in accordance with the Performance Work Statement and all applicable attachments. Total for ELINs/Sub-ELINs E001 through E013 from attachment J-0200000-08, worksheet tab - 4th OP Recurring.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0010 UNDEFINED Each OPTION Option Period 4 Non-Recurring
FFP
Recurring Base Operations Support Services in accordance with the Performance Work Statement and all applicable attachments. Total for ELINs E700 through E705 from attachment J-0200000-08, worksheet tab - 4th OP Nonrecurring.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0011 UNDEFINED Each OPTION FAR 52.217-8 Option Recurring
FFP
Recurring Base Operations Support Services in accordance with the Performance Work Statement and all applicable attachments. Total for ELINs/Sub-ELINs F001 through F013 from attachment J-0200000-08, worksheet tab - 52.217-8 OP Rec.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0012 UNDEFINED Each OPTION FAR 52.217-8 Option Non- Recurring
FFP
Recurring Base Operations Support Services in accordance with the Performance Work Statement and all applicable attachments. Total for ELINs F700 through F705 from attachment J-0200000-08, worksheet tab - 52.217-8 OP NR.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
Section C - Descriptions and Specifications
PERFORMANCE WORK STATEMENT
This is a performance-based contract which incorporates performance-based specifications.
The files for Section C are provided as the following attachment posted on the SAM website at https://sam.gov:
N6945021R0084_SectionC.pdf
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 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-4 Inspection Of Services--Fixed Price AUG 1996
Section F - Deliveries or Performance
F.1 LOCATION
As shown in Section C, the work to be performed under this solicitation and resulting contract is at Cooperative Security Location (CSL) Comalapa Air Base, El Salvador.
F.2 CONTRACT TERM
The estimated start date is 01 April 2022. The initial contract term of performance is for one year. The entire duration of the contract if all options are exercised is five years (60 months). There are four option periods and each option period has a term of performance of one year (12 months). If the Government requires a shorter term or exercises an option for a period shorter than 12 months, the proposed monthly ELIN prices will be used as the basis for establishing the reduced term. The Government may extend the term of the contract in accordance with FAR 52.217-9, Option to Extend the Term of the Contract incorporated into the resulting contract.
Additionally, the Government may need to extend the performance period beyond the established 60 months stated above. FAR 52.217-8, Option to Extend Services provides the regulatory authority to extend contract performance up to an additional six months.
F.3 TRANSITION PERIOD
The Government intends to make award by 01 February 2022 to allow the successful offeror 60 days to mobilize and transition into place. 60 days prior to completion of the contract term the current contractor will be expected to commence demobilization and support the transition of the follow-on contractor.
F.4 DELIVERABLES
The files for SECTION F are provided as the following attachment posted on the SAM website at https://sam.gov/:
N6945021R0084_SectionF.pdf
NOTE: Deliverables requirements under the contract should be submitted to the Government via Electronic format.
The file document(s) format shall be compatible with the most recent Government installed Microsoft Office version (currently 2016) and an unprotected version. The documents may be submitted via email as 'attachment(s)', file size permitting. Else, the deliverables should be submitted on a CD-ROM.
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-APR-2022 TO
31-MAR-2023
N/A N/A
0002 POP 01-APR-2022 TO
31-MAR-2023
0003 POP 01-APR-2023 TO
31-MAR-2024
0004 POP 01-APR-2023 TO
31-MAR-2024
0005 POP 01-APR-2024 TO
31-MAR-2025
0006 POP 01-APR-2024 TO
31-MAR-2025
0007 POP 01-APR-2025 TO
31-MAR-2026
0008 POP 01-APR-2025 TO
31-MAR-2026
0009 POP 01-APR-2026 TO
31-MAR-2027
0010 POP 01-APR-2026 TO
31-MAR-2027
0011 POP 01-APR-2027 TO
30-SEP-2027
0012 POP 01-APR-2027 TO
30-SEP-2027
52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991
Section G - Contract Administration Data
G.1 CONTRACT ADMINISTRATION
Upon award, contract administration shall be assigned to:
NAVFAC SOUTHEAST
PWD Mayport Bldg 1966, P.O. Box 280073 Mayport, FL 32228
G.2 COR
A Contracting Officer’s Representative (COR) will be appointed to assist the Contracting Officer in administration of this contract. The COR will provide general instructions on limitations and deadlines, and is responsible for administration in compliance with the contract to include inspection and acceptance of deliverables.
Contracting Officer Representative:
Name: TBD Address: TBD Email Address: TBD Phone Number: TBD
G.3 BLANKET TASK ORDER
The Government reserves the right to issue Blanket Task Orders (BTOs) with bulk funding for non-recurring work;
however, performance of work shall not commence until authorization is received from the Contracting Officer.
Each issued BTO and subsequent work authorization will include a firm fixed-price not-to-exceed amount which can only be altered via BTO modification.
G.4 PERFORMANCE ASSESSMENT
Contractor’s performance will be evaluated using the respective contractor performance evaluation report entry system located on the website http://www.cpars.gov/. Prior to commencement of work the contractor is required to provide the government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the government in the appropriate system. It is the contractor’s responsibility to keep this contact information current.
G.5 PAYMENT INSTRUCTIONS
**FOR GOVERNMENT USE ONLY**
The payment office shall allocate and record the amounts paid to the accounting classification citations in the contract based on the type of payment request submitted (see DFARS 252.232-7006) and the type of effort using the table provided at https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions.
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(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.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
N/A
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
NAVY CONSTRUCTION/FACILITIES MANGEMENT INVOICE
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(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 N68732
Issue By DoDAAC N69450
Admin DoDAAC** N46134
Inspect By DoDAAC N46134
Ship To Code N/A
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) N/A
Service Acceptor (DoDAAC) N/A
Accept at Other DoDAAC N/A
LPO DoDAAC N46134
DCAA Auditor DoDAAC N/A
Other DoDAAC(s): Accept By N46134
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(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.
To be cited per indivual task order
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section H - Special Contract Requirements
H.1 SPECIAL REQUIREMENTS
HISTORICAL AND ARCHAEOLOGICAL RESOURCES
Carefully protect in-place and report immediately to the Contracting Officer historical and archaeological items or human skeletal remains discovered in the course of work. Stop work in the immediate area of the discovery until directed by the Contracting Officer to resume work. The Government retains ownership and control over historical and archaeological resources.
H.2 FEDMALL
The contractor is required to offer IQ pre-priced line item services to authorized Government personnel when they are ordering the work directly via the Governmentwide Commercial Purchase Card (GCPC) program. When receiving GCPC orders against Section B, the contractor shall provide the supplies and services at the offered price without additional markup or handling fee.
The contractor agrees to accept and process electronically submitted GCPC orders for IQ services, including those orders issued through the FedMall. The FedMall is a U.S. Government (USG) owned and operated web-based ordering system that enables any Department of Defense (DOD) or Federal activity to search for and order goods and services. Authorized GCPC users will receive approved accounts on FedMall to view and order IQ line items.
The contractor is required to receive electronic IQ orders from the FedMall using 128-bit encrypted email. The contractor agrees to purchase, install, and utilize the most recent version of PGP Personal software, or a comparable solution, for the purpose of decrypting order notification emails from the FedMall. In addition, the DoD has established the External Certification Authority (ECA) program to support the issuance of DoD-approved certificates to contractors. The ECA program is designed to provide the mechanism for contractors to securely communicate with the DoD and authenticate to DoD Information Systems. The contractor agrees to purchase, install, maintain and use a DoD-approved ECA certificate. Information on obtaining an ECA certificate can be found at http://iase.disa.mil/pki/eca/Pages/certificate.aspx.
The contractor shall post updates on order delivery schedule and performance to the FedMall in a timely manner.
The contractor shall track quantities and report total ordered quantity in FedMall and approved DD 1155's by line item number each month and year-to-date. The report shall be due to the Contracting Officer by the fifth day of the following month. The contractor must track and report when total dollar value of all orders from both GCPC purchases and DD 1155s exceed 75% of the combined Section B Pre-Priced Line Item quantities.
The following ELINS will be available for ordering via FedMall:
ELIN Short Description
X703 Emergency Service Orders X704 Urgent Service Orders X705 Routine Service Orders
(X indicates all periods of performance)
H.3 ORDERING
In accordance with FAR clause 52.216-18, Ordering, this authorizes additional methods for issuance of delivery or task orders under the resulting contract. Orders may be issued orally, by facsimile, and/or by electronic commerce methods.
H.4 ORDER LIMITATIONS
Section I, Contract Clauses, incorporates FAR clause 52.216-19, Order Limitations. This clause is not applicable to the recurring work and/or the Government-wide Commercial Purchase Card (GCPC) Program
H.5 CONSTRUCTION WORK
This solicitation and resulting contract is not primarily for construction; however, the specifications do include a requirement for some construction work to be performed in the United States. The applicable construction labor standards clauses and language incorporated herein apply to any major repair, minor construction and stand-alone demolition, which may be accomplished as part of Facility Investment, and any construction effort performed under the Non-Recurring ELINs for construction/Construction Wage Rate Requirements Statute efforts. The following clauses apply to all construction work performed:
52.211-12 Liquidated Damages – Construction 52.222-5 Construction Wage Rate Requirements – Secondary Site of the Work 52.222-6 Construction Wage Rate Requirements 52.222-32 Construction Wage Rate Requirements – Price Adjustment (Actual Method) 52.228-2 Additional Bond Security 52.228-11 Pledges of Assets 52.228-15 Performance and Payment Bonds – Construction (See Note Below) 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 52.236-7 Permits and Responsibilities 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 52.236-15 Schedules for Construction Contracts 52.236-17 Layout of Work 52.236-21 Specifications and Drawings for Construction 52.236-26 Preconstruction Conference 52.242-14 Suspension of Work 52.243-4 Changes 52.243-5 Changes and Changed Conditions 52.246-12 Inspection of Construction 52.246-21 Warranty of Construction 52.249-2, Alt. 1 Termination for Convenience of the Government (Fixed-Price) 52.249-10 Default (Fixed-Price Construction 252.236-7000 Modification proposals – price breakdown 252.236-7001 Contract drawings and specifications
Utilities for Construction and Testing The Contractor shall be responsible for obtaining, either from available Government sources or local utility companies, all utilities required for construction and testing. The Contractor shall provide these utilities at his expense, paid for at the current utility rate delivered to the job site. The Contractor shall provide and maintain all temporary utility connections and distribution lines, and all meters required to measure the amount of each utility used.
Notice of Bonding Requirements Within [as stated on task order] days after receipt of award, the bidder/offeror to whom the award is made shall furnish the bonds required by FAR Clause FAR 52.228-15.
Bidders/offerors are hereby notified that the contract time for purposes of fixing the completion date, default, and liquidated damages will be as stated in FAR Clause 52.211-10 Commencement, Prosecution, and Completion of Work, regardless of when performance and payment bonds or deposits in lieu of surety are executed.
NOTE: All necessary performance, and payment bond requirements will be incorporated in construction task orders in accordance with the Miller Act (40 U.S.C. 3131 et seq.). Bonds are not required with your proposal submission in response to this solicitation.
Alternative Protection for Construction in a foreign country
(a) In some overseas jurisdictions it has proven impracticable to require a contractor to furnish a bond for solicitations/contracts, for example, because it is inconsistent with standard industry practices in these countries.
(b) FAR 28.102-1(a) permits the contracting officer to waive submittal of performance and payment bonds for as much of the work as is to be performed in a foreign country upon finding that it is impracticable for the contractor to furnish such bond. Accordingly, when such a finding has been made, alternative forms of protection may be used to protect government interests, consistent with local conditions, to the maximum extent practicable.
H.6 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK
Section I, Contract Clauses, incorporates FAR clause 52.211-10, Commencement, Prosecution and Completion of Work. This clause may be incorporated into task orders as applicable. The Government reserves the right to negotiate task order performance period if determined to be in the best interest of the Government.
H.7 DFARS 211.106
Identification as Contractor Employee:
The Contractor shall be responsible for furnishing to each employee and for requiring each employee to display identification as a Contractor employee (i.e. introduction, badge, other identification) as may be approved and directed by the KO. Distinction as a Contractor employee should be available at all times including in meetings with Government personnel, telephone conversations, and in formal and informal written correspondence.
Prescribed Government identification cards shall be immediately delivered to the KO for cancellation upon release of any employee.
H.8 SCHEDULE OF DEDUCTIONS
Unit prices provided by the successful offeror may be utilized as the basis of deductions pursuant to the clause at 52.246-4, Inspection of Services – Fixed-Price and H.12 Consequences to Perform.
H.9 GOVERNMENT PROPERTY
In accordance with FAR 45.000(b)(5), Government property is not provided under this contract. The Government will make available to the Contractor use of Government-owned facilities and utilities for use only in connection with this contract as follows:
Facilities: The Government will make available to the Contractor the facilities described in J-0200000-04. The Contractor shall be responsible and accountable for such facilities accepted for use and shall take adequate precautions to prevent fire hazards, odors, and vermin. Janitorial and refuse collection services for Government-furnished facilities shall be provided by the Contractor. The Contractor shall obtain written approval from the Contracting Officer prior to making any modifications or alterations to the facilities. Any such modifications or alterations approved by the Government will be made at the expense of the Contractor. At the completion of the contract all facilities shall be returned to the Government in the same condition as received, except for reasonable wear and tear.
Utilities: The Government will furnish water and electricity at existing outlets required for the work to be performed under the contract at no cost to the Contractor. Hoses may be hooked up to existing fire hydrants for lawn watering throughout CSL grounds. Information concerning the location of existing outlets may be secured from the COR. The Contractor shall provide and maintain, at its expense, the necessary service lines from the existing Government outlets to the work site. Provide and maintain backflow prevention devices on connections to potable water lines and electrical transformer provisions on connection to electric lines. The Contractor shall meet all local national, and activity codes and regulations for backflow prevention devices and electrical transformer provisions.
Services required by the Contractor, for which there are no available Government outlets, shall be provided by the Contractor at no cost to the Government.
H.10 AUTHORITY
1. No person other than the Contracting Officer has authority to bind the Government with respect to this contract.
2. No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.
3. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:
(a) An understanding or agreement between the Contractor and anyone other than the Contracting Officer;
(b) A purported modification or change order issued by anyone other than the Contracting Officer;
(c) A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or
(d) An order, direction, consent, or permission from anyone other than the Contracting Officer to:
(i) Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or
(ii) Expend hours in excess of a specified level of effort.
H.11 SUBSTITUTIONS OF KEY PERSONNEL
The Contractor shall provide complete resumes for proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 days after receipt of all required information of the consent on substitutes. No change in unit prices may occur as a result of key personnel substitution.
H.12 CONSEQUENCES TO PERFORM
The Contractor shall perform all of the contract requirements. The Government will inspect and assess Contractor performance in accordance with FAR 52.246-4, INSPECTION OF SERVICES - FIXED PRICE The Government will require re-performance, withhold payment, or seek other suitable consideration for unsatisfactory or non-performed work. When defects can’t be corrected by re-performance, the Government may reduce the price to reflect the reduced value of services performed.
(a) PROCEDURES. In the case of unsatisfactory or non-performed work, the Government:
(1) may give the Contractor written notice of observed deficiencies prior to withholding payment for unsatisfactory or non-performed work and/or assessing liquidated damages. Such written notice shall not be a prerequisite for withholding payment for non-performed work. The Government may specify, as provided for below, that liquidated damages can be assessed against the Contractor. Such liquidated damages are to compensate the Government for administrative costs and other expenses resulting from the unsatisfactory or non-performed work.
(2) may, at its option, allow the Contractor an opportunity to re-perform the unsatisfactory or non-performed work, at no additional cost to the Government. In the case of daily work, corrective action must be completed within __4____ hours of notice to the Contractor. In the case of other work, corrective action must be completed within __24____ hours of notice. In addition, the
Government can assess liquidated damages, as referenced above, in the amount of ___10___ percent of the value of all observed defects. The original inspection results of the Contractor’s work will not be modified upon re-inspection. However, the Contractor will be paid for satisfactorily re-performed work.
(3) shall withhold from the Contractor’s invoice all amounts associated with the unsatisfactory or nonperformed work at the prices set out in the Schedule or provided by other provisions of this contract, unless the Contractor is required to re-perform and satisfactorily complete the work. In addition, the Government can assess liquidated damages, as referenced above, in the amount of __10____ percent of the value of all observed defects.
(4) may, at its option, perform the work by Government personnel or by other means. The Government will reduce the amount of payment to the Contractor, by the amount paid to any Government personnel (based on wages, retirement and fringe benefits) plus material, or by the actual costs incurred to accomplish the work by other means. If the actual costs cannot be readily determined, the prices set out in the Schedule will be used as the basis for the deduction. In addition, the Government can assess liquidated damages, as referenced above, in the amount of 10__ percent of the computed cost.
(b) The Contractor is responsible for maintaining an effective Quality Control Program during the course of the contract. Failure to maintain adequate quality control may result in Termination for Default.
(c) Re-performance by the Contractor does not waive the Government’s right to terminate for nonperformance in accordance with FAR clause 52.249-8, DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) of Section I and all other remedies for default as may be provided by law.
(d) When WATCHSTANDING SERVICES apply. If the Contractor fails to provide qualified personnel or allows any post to be unmanned for a total of __10____ minutes in any shift, the Government may assign other persons to perform such work or withhold payment as specified below;
(1) When Watchstanding Services are performed by Government employees, withholdings shall be computed based on the current Federal Pay Schedule including wages, retirement and fringe benefits of the Government employees (civilian or military) who actually performed the work. In addition, the Government can assess liquidated damages, as referenced above, in the amount of __10____ percent of the computed cost.
(2) When non-performed Watchstanding Services are obtained under another contract, the Government will withhold an amount equal to the cost to the Government under that contract. In addition, the Government can assess liquidated damages, as referenced above, in the amount of __10___ percent of the cost.
(3) If no guard replacement is furnished by the Government and the work is not performed, the Government will withhold an amount equal to the cost to the Government of having a Government employee perform the work. In addition, the Government can assess liquidated damages, as referenced above, in the amount of __10___ percent of the computed cost.
(4) The Contractor will be held liable for property losses sustained by the Government as a direct, consequential result of a failure to furnish the required personnel.
(5) Computations of the costs for Government employees to perform work not performed by the Contractor shall be in conformance with FAR 52.222-42, STATEMENT OF EQUIVALENT
RATE FOR FEDERAL HIRES.
H.13 ESTIMATING NONPERFORMED WORK
In the event the price of non-performed or unsatisfactory work cannot be determined from the prices set out in the Schedule, or on the basis of the actual cost to the Government, estimating methods may be used to determine an amount, which reflects the reduced value of services performed. The Government may estimate the cost using wage rates and fringe benefits included in the wage determinations included in the contract, Government estimates of the Contractor’s overhead and profit rates, and Government estimates of material costs if applicable. Liquidated damages, to compensate the Government for administrative costs and other expenses resulting from the nonperformed or unsatisfactory performance, will be calculated in accordance with the Section H special requirement, CONSEQUENCES OF CONTRACTOR’S FAILURE TO PERFORM REQUIRED WORK.
H.14 NATIONAL VALUE ADDED TAX
In order to obtain exemption from the national value added tax (VAT) (i.e. Impuesto al Valor Agregado or IVA), the contractor is responsible for obtaining the exemption from the El Salvador Government Tax Office.
H.15 SOFA AGREEMENT
This contract is subject to the Status of Forces Agreement (SOFA) between the United States of America and El Salvador dated February 15, 2007. The agreement is provided as an attachment in Section J.
Section I - Contract Clauses
52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.203-13 Contractor Code of Business Ethics and Conduct JUN 2020 52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
JUN 2020
52.204-2 Security Requirements MAR 2021 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
JUN 2020
52.204-15 Service Contract Reporting Requirements for Indefinite- Delivery Contracts
OCT 2016
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
JUN 2020
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.210-1 Market Research JUN 2020 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-14 Integrity of Unit Prices JUN 2020 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.215-19 Notification of Ownership Changes OCT 1997 52.215-23 Limitations on Pass-Through Charges JUN 2020 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons OCT 2020 52.222-54 Employment Eligibility Verification OCT 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-11 Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons.
JUN 2016
52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.
JUN 2016
52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-20 Prohibition on Conducting Restricted Business Operations in
Sudan--Certification
AUG 2009
52.228-2 Additional Bond Security OCT 1997 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Individual Surety--Pledge of Assets FEB 2021 52.228-15 Performance and Payment Bonds--Construction JUN 2020 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-36 Payment by Third Party MAY 2014 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 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 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.237-3 Continuity Of Services JAN 1991 52.237-8 Restriction on Severance Payments to Foreign Nationals AUG 2003 52.242-3 Penalties for Unallowable Costs MAY 2014 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.243-4 Changes JUN 2007 52.243-5 Changes and Changed Conditions APR 1984 52.243-7 Notification Of Changes JAN 2017 52.244-6 Subcontracts for Commercial Items NOV 2020 52.246-12 Inspection of Construction AUG 1996 52.246-20 Warranty Of Services MAY 2001 52.246-21 Warranty of Construction MAR 1994 52.246-25 Limitation Of Liability--Services FEB 1997 52.248-1 Value Engineering JUN 2020 52.249-1 Termination For Convenience Of The Government (Fixed
Price) (Short Form)
APR 1984
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
52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.251-1 Government Supply Sources APR 2012 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
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 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991…
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