Solicitation - FA252120B0003.pdf
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- Solicitation number
- FA252120B0003
About this file
This is a solicitation for a firm-fixed-price construction contract valued between $5 million to $8 million to repair the third floor of Building 423 at Patrick Air Force Base in Florida. The project involves demolishing and reconstructing the north, center, and west wings to convert them into open office space, hard wall office suites, break rooms, and conference rooms. The solicitation is set aside for women-owned small businesses. Offerors must be able to financially support the procurement and bonding requirements. Proposed prices must be valid until September 30, 2020. Only electronic bids submitted through the System for Award Management will be accepted, with bids due by June 16, 2020. The pre-bid site visit is scheduled for May 19, 2020. The period of performance is 825 calendar days from notice to proceed. The soliciting agency is the Department of the Air Force Space Command.
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IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER
7. ISSUED BY CODE 8. ADDRESS OFFER TO
9. FOR INFORMATION
CALL:
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
b. An offer guarantee is, is not required.
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
STANDARD FORM 1442 (REV. 8/2014)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d)
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
12b. CALENDAR DAYS
YES NO
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED PAGE OF PAGES
FA252120B0003
1 of 24/13/2020
F3K3DD8305AQ02 SHXT 17-1023
FA2521
FA2521 45 CONS LGC
1201 EDWARD H WHITE II ST MS 7200
ADMINISTRATIVE ONLY NO REQUISITIONS
PATRICK AFB, FL 32925-3237
United States Rosita Serrano, Phone: 321-494-5231 Email:
rosita.serrano.1@us.af.mil and or Kimberly Horner, Email: kimberly.horner@us.af.mil
FA2521 45 CONS LGC
ADMINISTRATIVE ONLY NO REQUISITIONS
1201 EDWARD H WHITE II ST MS 7200
PATRICK AFB, FL 32925-3237
United States
Rosita Serrano, Rosita Serrano 321-494-5231
Project Title: Repair 3rd floor North/West/Center wings, bldg 423
This is a solicitation for a Firm-Fixed-Price Construction Contract for 45 Space Wing Patrick Air Force Base (PAFB), FL.
NAICS: 236220 Size Standard: $39.5M
The Magnitude of this project is between $5,000,000 and $8,000,000 (IAW FAR 36.204)
THIS ACQUISITION IS BEING ISSUED AS WOMEN OWNED SMALL BUSINESS (WOSB) SET-ASIDE. OFFERORS NOT MEETING THIS CRITERIA WILL BE DEEMED NON-RESPONSIVE AND INELIGIBLE FOR AWARD. IT WILL BE THE OFFERORS RESPONSIBILITY TO ENSURE THAT THEY WILL BE ABLE TO FINANCIALLY SUPPORT THE
PROCUREMENT AND BONDING REQUIREMENTS.
***** This is a Fiscal Year (FY) 2020 requirement, therefore, funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.
***** All bid proposal prices/costs MUST be valid until 30 September 2020. Only Electronic Bids will be accepted under this solicitation.
Awards cannot be made to a contractor not registered in the System for Award Management, SAM BETA database.
30 825
FAR 52.211-10
1 8:00 AM
6/16/2020
AMOUNTS
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
CODE FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than theminimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT
NUMBER
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
21. ITEMS ACCEPTED:
AWARD (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to thiscontract.
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA
BY
31c. DATE
STANDARD FORM 1442 (REV. 8/2014) BACK
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )
26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY
Kimberly S. Horner, GS-13, DAF, Contracting Officer Email: kimberly.horner@us.af.mil Telephone: 321-494-0447
FA252120B0003
Section A - Solicitation/Contract Form
Section B - Supplies or Services and Prices/Cost
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
The contractor shall provide all labor, materials, equipment, transportation, and supervision to accomplish the following requirements Technical Specifications and Statement of Work (SOW) for complete and usable renovated 3rd Floor North, West, and Center Wings of Wing Headquarters Building 423. All work shall be done in accordance with requirements contained in the contract specifications, contract drawings, and applicable base standards, state/federal laws, and Air Force regulations. Project will be in five construction phases to minimize disruption /relocation of staff in the construction footprint during the construction process.
Due to the work location, contractor shall provide a copy of licenses of all personnel sub-contracted to accomplish work identified in this SOW. NOTES: Contract will be awarded based on one proposal whose total amount is within funding limits, providing the contractor's proposal is also determined to be responsive, and responsible. There will be no multiple or split awards. Contractor is required to review details referenced on all contract line items and provide a bid on all items contained within the Contact drawing and specifications.
Product Service Code: Z2AA Firm Fixed Price
1.0 Each
000101
The contractor shall provide all labor, materials, equipment, transportation, and supervision to accomplish the following requirements Technical Specifications and Statement of Work (SOW) for complete and usable renovated 3rd Floor North, West, and Center Wings of Wing Headquarters Building 423. All work shall be done in accordance with requirements contained in the contract specifications, contract drawings, and applicable base standards, state/federal laws, and Air Force regulations.
000102
Provide labor, materials and equipment for a complete Communication related equipment package installation to include:
Cat 6 cable runs, J Hook Beam/Clamp ladder, BACKBOARD 6x8, Data racks /Patch Panel, Comm Boxes, Cat 6 48 Port, Comm Drops, etc.
000103
Provide labor, materials and equipment to complete the systems furniture installation for Phase 1 through Phase 5. The Contractor shall coordinate selection of indicated items with the base interior designer.
Section C - Description/Specifications/Statement of Work
Requirements FY20 CTO SXHT 17-1023 Repair 3rd Floor North/West/Center Wings, Building 423. The requirement is to demolish north, center and west wings of 3rd floor of building 423 down to bare walls except for northwest and center west bathrooms, mechanical/computer rooms, windows/sills and construct open office type space, hard wall office suites, break and conference rooms ready to accept systems furniture to fully function as office space for wing staff. The contractor shall install new fire alarm, fire suppression in renovation area to include extension of existing fire riser from 2nd floor, installation of sprinkler system, new HVAC, electrical system, lighting, flooring, ceiling, finishes for treads, window treatments complying with all Department of Defense, state, and federal rules/regulations. In addition, installation of communications related equipment (Cat 6 cable runs, J Hook Beam/Clamp ladder, BACKBOARD 6x8, data racks,/patch panel, communication boxes, CAT 6 48 port and communication drops. Finally, systems furniture for a complete renovation will also be provided by the Contractor. Project will be in five construction phases to minimize disruption/relocation of staff in the construction footprint during the construction process. All bid prices/costs MUST be valid until 30 September 2020.
Section D - Packaging and Marking
Section E - Inspection and Acceptance
WEEKLY PROGRESS REPORTS
For the purposes of clause 52.236-15, Schedules for Construction Contracts, the contractor shall use AF IMT 3065 to chart actual progress and submit weekly within one week of actual performance.
Number Title 52.246-2 Inspection of Supplies-Fixed-Price
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.246-12 Inspection of Construction. 1996-08 52.246-16 Responsibility for Supplies. 1984-04
Acceptance Location
Acceptance Destination Instructions: Refer to Sec E - Inspection and Acceptance
DoDAAC: F3K3DD Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F3K3DD 45 CES CEN
AF NO MILSBILLS PROC CP 3214942129
1142 JUPITER ST
PATRICK AFB, FL 32925 3303
United States
OfficeCode:
Kristine Snow Telephone: 321-494-9047 Email: kristine.snow@us.af.mil
Section F - Deliveries or Performance
DELIVERIES AND PERFORMANCE
F-1 NOTICE TO PROCEED (NTP): An NTP will be issued within 30 days after contract award.
F-2 PERIOD OF PERFORMANCE: The period of performance for this project is eight hundred twenty five
(825) calendar days beginning at NTP. Non-Access Period: Any period of time, during normal established duty hours, that a contractor and/or subcontractor(s), to include deliveries, are denied access to the worksite by appropriate government authority.
F-3 AVAILABILITY OF UTILITIES: Electric and water hook-up is available to the contractor and shall be furnished at no charge. Contractors shall carefully and responsibly conserve usage of these utilities.
FAR Clauses Incorporated by Reference
Number Title and Effective Date 52.211-13 Time Extensions. (2000-09) 52.242-14 Suspension of Work. (1984-04) 52.246-21 Warranty of Construction. (1994-03)
000101
000102
000103
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.247-34 F.o.b. Destination. 1991-11
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.247-7023 Transportation of Supplies by Sea. 2014-04
FAR Clauses Incorporated by Full Text
52.211-10 Commencement, Prosecution, and Completion of Work. 1984-04
The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction. Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 825 days.
* The time stated for completion shall include final cleanup of the premises.
Section G - Contract Administration Data
WAWF email notifications. The Contractor shall enter the e-mail address identified below in the Send Additional Email Notifications field of WAWF once a document is submitted in the system.
Procuring Contracting Officer: kimberly.horner@us.af.mil
Administrative Contracting Officer: rosita.serrano.1@us.af.mil
Program Manager: kristine.snow.1@us.af.mil
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):
Construction Payment Invoice and Progress Report
(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.
(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.
(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 F87700 Issue By DoDAAC FA2521 Admin DoDAAC FA2521 Inspect By DoDAAC F3K3DD 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 N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s)-Contracting Officer FA2521
(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.
Not applicable
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2012-06 252.236-7000 Modification Proposals--Price Breakdown 1991-12
Section H - Special Contract Requirements
Section I - Contract Clauses
52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2020-00008).
(a) Definition. "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 size standards in this solicitation.
(b) Applicability. This clause applies only to--
(1) Contracts that have been totally set aside or reserved for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) General.
(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(d) Agreement.
(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any domestic firm. For a contract exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall--
(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;
(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and
(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.
(2) For contracts or orders for multiple end items, at least 50 percent of the total value of the contract or order shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.
(3) Paragraph (d)(1) of this clause does not apply to construction or service contracts.
(End of clause)
52.219-14 Limitations on Subcontracting (March 2020, DEVIATION 2020-00008).
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. "Similarly situated entity," as used in this clause, means a first-tier subcontractor, including an independent contractor, that--
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to--
(1) Contracts that have been set aside for small business concerns or 8(a) participants;
(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;
(3) Contracts that have been awarded on a sole-source basis in accordance with subpart 19.8;
(4) Orders set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F), if the order amount is expected to exceed the simplified acquisition threshold;
(5) Orders competed among 8(a) participants in accordance with subpart 19.8 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F), regardless of dollar value;
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference;
and
(7) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a NAICS code for--
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. Other direct costs are excluded to the extent they are not the principal purpose of the contract and cannot be obtained from small business concerns;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor's 50 percent subcontract amount that cannot be exceeded.
When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(g) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1) and (2) of this clause--
__X By the end of the base term of the contract and then by the end of each subsequent option period; or
__ By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(3) and (4) of this clause, by the end of the performance period for the order.
(End of clause)
52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEVIATION 2020-00008).
(a) Definitions. As used in this clause--
"Similarly situated entity" means a first-tier subcontractor, including an independent contractor, that-
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status);
and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
"WOSB Program Repository" means a secure, Web-based application that collects, stores, and disseminates documents to the contracting community and SBA, which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program.
(b) Applicability. This clause applies only to--
(1) Contracts that have been set aside or reserved for, or awarded on a sole source basis to, WOSB concerns eligible under the WOSB Program;
(2) Part or parts of a multiple-award contract that have been set aside for WOSB concerns eligible under the WOSB Program; and
(3) Orders set aside for WOSB concerns eligible under the WOSB Program, under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) General.
(1) Offers are solicited only from WOSB concerns eligible under the WOSB Program.
Offers received from concerns that are not WOSB concerns eligible under the WOSB Program shall not be considered.
(2) Any award resulting from this solicitation will be made to a WOSB concern eligible under the WOSB Program.
(3) The Contracting Officer will ensure that the apparent successful offeror has provided the required documents to the WOSB Program Repository. The contract shall not be awarded until all required documents are received.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) Limitations on subtracting. By submission of an offer and execution of a contract, a WOSB concern eligible under the WOSB Program agrees that in the performance of a contract assigned a NAICS code for--
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. Other direct costs are excluded to the extent they are not the principal purpose of the contract and cannot be obtained from small business concerns;
(2) Supplies or products (other than procurement from a nonmanufacturer in such supplies or products), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities.
Any work that a similarly situated entity further subcontracts will count toward the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) A WOSB concern eligible under the WOSB Program shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (b)(1) and (2) of this clause--
_X By the end of the base term of the contract and then by the end of each subsequent option period; or
__ By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.
(g) Joint Venture. A joint venture may be considered a WOSB concern eligible under the WOSB Program if--
(1) It meets the applicable size standard corresponding to the NAICS code assigned to the contract, unless an exception to affiliation applies pursuant to 13 CFR 121.103(h)(3);
(2) The WOSB participant of the joint venture is designated in the System for Award Management as a WOSB concern eligible under the WOSB Program;
(3) The parties to the joint venture have entered into a written joint venture agreement that contains provisions
(i) Setting forth the purpose of the joint venture;
(ii) Designating a WOSB concern eligible under the WOSB Program as the managing venturer of the joint venture, and an employee of the managing venturer as the project manager responsible for the performance of the contract;
(iii) Stating that not less than 51 percent of the net profits earned by the joint venture will be distributed to the
WOSB;
(iv) Specifying the responsibilities of the parties with regard to contract performance, sources of labor, and negotiation of the WOSB contract; and
(v) Requiring the final original records be retained by the managing venturer upon completion of the WOSB contract performed by the joint venture.
(4) The procuring activity executes the contract in the name of the WOSB concern eligible under the WOSB Program or joint venture.
(h) Nonmanufacturer.
(1) Unless SBA has waived the requirements of paragraphs (h)(1)(i) through (iii) of this clause in accordance with 13 CFR 121.1204, a WOSB concern eligible under the WOSB Program that provides an end item it did not manufacture, process, or produce, shall--
(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;
(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and
(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.
(2) For contracts or orders for multiple end items, at least 50 percent of the total value of the contract or order shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.
(3) Paragraphs (h)(1) through (2) of this clause do not apply to construction or service contracts.
(End of clause)
252.225-7974 Representation Regarding Business Operations with the Maduro Regime. (Deviation 2020-
O0005) (FEB 2020)
(a) Definitions. As used in this provision--
"Agency or instrumentality of the government of Venezuela" means an agency or instrumentality of a foreign state as defined in section 28 U.S.C. 1603(b), with each reference in such section to "a foreign state" deemed to be a reference to "Venezuela."
"Business operations" means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.
"Government of Venezuela" means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela.
"Person" means--
(1) A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;
(2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c) and
(3) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs (1) or (2) of this definition.
(b) Prohibition. In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.
(c) Representation. By submission of its offer, the Offeror represents that the Offeror--
(1) Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government;
or
(2) Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.
(End of provision)
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
52.222-26 Equal Opportunity. (2016-09)
52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (2010-12)
52.222-50 Combating Trafficking in Persons. (2015-03)
52.228-15 Performance and Payment Bonds--Construction. (2010-10)
52.232-5 Payments under Fixed-Price Construction Contracts. (2014-05)
52.232-27 Prompt Payment for Construction Contracts (Jan 2017).
52.236-21 Specifications and Drawings for Construction. (1997-02)
52.236-26 Preconstruction Conference. (1995-02)
52-247-12 Supervision, Labor, or Materials. (1984-04)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (Oct 2015)
(a) Definitions. As used in this clause--
"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran,' and "recently separated veteran" have the meanings given at
FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the
Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings. Class Deviation- 2017-O0008, Office of Federal contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts. This clause deviation is effective on Sept 01, 2017, and remains in effect until incorporated into the FAR, or otherwise rescinded.
(d) Notwithstanding the provisions of this section, the Contractor will not be obligated to develop the written affirmative action program required under the regulations implementing the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA).
(End of Clause)
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (Jul 2014)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
Class Deviation- 2017-O0008, Office of Federal contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts. This clause deviation is effective on Sept 01, 2017, and remains in effect until incorporated into the FAR, or otherwise rescinded.
(c) Notwithstanding the provisions of this section, the Contractor will not be obligated to develop the written affirmative action program required under the regulations implementing section 503 of the Rehabilitation Act of 1973, as amended.
(End of Clause)
52.236-4 PHYSICAL DATA (APR 1984)
Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.
Project Drawings and Specifications under SXHT 17-1023.
(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by 45th Civil Engineering Squadron personnel.
(b) Weather conditions 45th Weather Squadron website at: http://www.patrick.af.mil/weather/index.asp.
(c) Transportation facilities none.
(End of clause)
52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS-
REPRESENTATION (Dec 2016)
(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. (b) Representation.
[Offeror is to check applicable blocks in paragraphs (1) and (2).]
(1) The Offeror (itself or through its immediate owner or highest-level owner) [_] does, [_] does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.
(2) The Offeror (itself or through its immediate owner or highest level owner) [_] does, [_] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.
(3) A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas emissions reporting program. (c) If the Offeror checked does in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:____.
(End of provision)
52.252-2 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):
FAR, DFARS, and AFFARS - https://www.acquisition.gov/
(End of clause)
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.202-1 Definitions. 2013-11 52.203-3 Gratuities. 1984-04 52.203-5 Covenant Against Contingent Fees. 2014-05 52.203-6 Restrictions on Subcontractor Sales to the Government. 2006-09 52.203-7 Anti-Kickback Procedures. 2014-05 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. 2014-05 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 52.203-13 Contractor Code of Business Ethics and Conduct. 2015-10
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. 2014-04
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. 2017-01
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 52.204-13 System for Award Management Maintenance. 2016-10 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12
52.204-21 Basic Safeguarding of Covered Contractor Information Systems. 2016-06 52.204-22 Alternative Line Item Proposal. 2017-01
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. 2018-07
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. 2015-10
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02
52.214-26 Audit and Records-Sealed Bidding. 2010-10
52.214-27 Price Reduction for Defective Certified Cost or Pricing Data-Modifications-Sealed Bidding. 2011-08
52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding. 2010-10 52.214-29 Order of Precedence-Sealed Bidding. 1986-01 52.219-8 Utilization of Small Business Concerns. 2018-10 52.219-13 Notice of Set-Aside of Orders. 2011-11 52.222-1 Notice to the Government of Labor Disputes. 1997-02 52.222-3 Convict Labor. 2003-06 52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. 2018-03 52.222-6 Construction Wage Rate Requirements. 2018-08 52.222-7 Withholding of Funds. 2014-05 52.222-8 Payrolls and Basic Records. 2018-08 52.222-9 Apprentices and Trainees. 2005-07 52.222-10 Compliance with Copeland Act Requirements. 1988-02 52.222-11 Subcontracts (Labor Standards). 2014-05 52.222-12 Contract Termination-Debarment. 2014-05 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. 2014-05 52.222-14 Disputes Concerning Labor Standards. 1988-02 52.222-15 Certification of Eligibility. 2014-05 52.222-16 Approval of Wage Rates. 2014-05 52.222-19 Child Labor-Cooperation with Authorities and Remedies. 2018-01 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-27 Affirmative Action Compliance Requirements for Construction. 2015-04 52.222-34 Project Labor Agreement. 2010-05 52.222-37 Employment Reports on Veterans. 2016-02 52.222-54 Employment Eligibility Verification. 2015-10 52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. 2013-09
52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 52.223-6 Drug-Free Workplace. 2001-05 52.223-10 Waste Reduction Program. 2011-05 52.223-15 Energy Efficiency in Energy-Consuming Products. 2007-12
52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. 2018-08
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.223-19 Compliance with Environmental Management Systems. 2011-05 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.227-1 Authorization and Consent. 2007-12 52.228-2 Additional Bond Security. 1997-10 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.228-11 Pledges of Assets. 2018-08 52.228-12 Prospective Subcontractor Requests for Bonds. 2014-05 52.228-14 Irrevocable Letter of Credit. 2014-11 52.229-3 Federal, State, and Local Taxes. 2013-02 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments). 2013-02 52.232-17 Interest. 2014-05 52.232-23 Assignment of Claims. 2014-05 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2013-07 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.236-2 Differing Site Conditions. 1984-04 52.236-3 Site Investigation and Conditions Affecting the Work. 1984-04 52.236-5 Material and Workmanship. 1984-04 52.236-6 Superintendence by the Contractor. 1984-04 52.236-7 Permits and Responsibilities. 1991-11 52.236-8 Other Contracts. 1984-04
Protection of Existing Vegetation, Structures, Equipment, Utilities, and
52.236-9 Improvements. 1984-04 52.236-10 Operations and Storage Areas. 1984-04 52.236-11 Use and Possession Prior to Completion. 1984-04 52.236-12 Cleaning Up. 1984-04 52.236-13 Accident Prevention. 1991-11 52.236-14 Availability and Use of Utility Services. 1984-04 52.236-15 Schedules for Construction Contracts. 1984-04 52.236-17 Layout of Work. 1984-04 52.242-5 Payments to Small Business Subcontractors. 2017-01 52.242-13 Bankruptcy. 1995-07 52.242-14 Suspension of Work. 1984-04 52.243-4 Changes. 2007-06 52.243-5 Changes and Changed Conditions. 1984-04 52.247-5 Familiarization with Conditions. 1984-04 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 52.249-10 Default (Fixed-Price Construction). 1984-04 52.253-1 Computer Generated Forms. 1991-01
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09
252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. 2008-12
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09
252.203-7003 Agency Office of the Inspector General. As prescribed in 203.1004(a), use the following clause: 2012-12
252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2016-10 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism. 2015-10
252.215-7002 Cost Estimating System Requirements. 2012-12 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.227-7033 Rights in Shop Drawings. 1966-04 252.232-7004 DoD Progress Payment Rates. 2014-10 252.232-7010 Levies on Contract Payments. 2006-12 252.236-7002 Obstruction of Navigable Waterways. 1991-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. 2010-10
AFFARS Clauses Incorporated by Reference
Number Title Effective Date 5352.223-9001 Health and Safety on Government Installations 11/1/2012
FAR Clauses Incorporated by Full Text
52.209-13 Violation of Arms Control Treaties or Agreements-Certification. 2018-06
(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.
(b) Certification. [Offeror shall check either (1) or (2).]
____________ (1) The Offeror certifies that-
(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C.
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