Solicitation-FA252120B0006.pdf
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- Solicitation number
- FA252120B0006
About this file
This is a solicitation for a construction project to repair the HVAC system at a youth center building on Patrick Air Force Base in Florida. The contractor will be required to provide all labor, equipment except for a government furnished chiller, and materials to replace HVAC system components in the building and extend the mechanical room per the drawings and specifications. A pre-bid site visit will be held on July 23, 2020 at 10:00 AM EST at the youth center building. Questions regarding the solicitation must be submitted in writing using the provided template by July 28, 2020. Bids are due by August 17, 2020 at 9:00 AM EST and should be submitted to the primary and alternate government points of contact via email.
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IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER
7. ISSUED BY CODE 8. ADDRESS OFFER TO
9. FOR INFORMATION
CALL:
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
b. An offer guarantee is, is not required.
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
STANDARD FORM 1442 (REV. 8/2014)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d)
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
12b. CALENDAR DAYS
YES NO
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED PAGE OF PAGES
AMOUNTS
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
CODE FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT
NUMBER
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
21. ITEMS ACCEPTED:
AWARD (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA
BY
31c. DATE
STANDARD FORM 1442 (REV. 8/2014) BACK
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )
26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY
FA252120B0006
Section A - Solicitation/Contract Form
Section B - Supplies or Services and Prices/Cost
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
SXHT 12-1048 (Repair HVAC Sys, Youth Center B3656): The contractor will be required to provide all labor, equipment (except Government Furnished Chiller) and materials, per drawings and specifications, to replace HVAC system components on building 3656 at PAFB Youth Center (YC) and extend mechanical room to fit new government furnished chiller, Patrick Air Force Base, FL Product Service Code: 4120 Project Code: SXHT 12-1048 Firm Fixed Price
CIN: 00000000000005318041
1.0 Each
Section C - Description/Specifications/Statement of Work
Requirements Project SXHT 12-1048 (Repair HVAC Sys, Youth Center B3656): The contractor will be required to provide all labor, equipment (except Government Furnished Chiller) and materials, per drawings and specifications in Section J to replace HVAC system components on building 3656 at PAFB Youth Center (YC) and extend mechanical room to fit new government furnished chiller, Patrick Air Force Base, FL
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.
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
0001 Inspection and Acceptance Location Both Destination Instructions: 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:
Anthony Vera Telephone: 321-494-0155 Email: anthony.vera.4@us.af.mil
Section F - Deliveries or Performance
DELIVERIES AND PERFORMANCE:
F1. NOTICE TO PROCEED (NTP): An NTP will be issued within 30 days after contract award.
F2. PERIOD OF PERFORMANCE: The period of performance for this project is one hundred and eighty (180) calendar days including non-access days beginning at NTP. Non-Access Period: Any period of time, during normal established duty hours, that a contractor and/or its subcontractors, to include deliveries are denied access to the worksite by the appropriate Government authority.
F3. 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, Effective Date 52.242-14, Suspension of Work, 1984-04 52.246-21, Warranty of Construction. 1994-03 52.247-34, F.o.b Destination, 1991-11
FAR Clauses Incorporated by Full Text
52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)
The Contractor shall be required to (a)commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b)prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 calendar days. The time stated for completion shall include final cleanup of the premises.
Delivery Schedule Ship To Address
Delivery Schedule From date of lead time event to completion of performance 180 Calendar Days Date of Notice to Proceed Receipt
Place of Performance 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:
Anthony Vera Email: anthony.vera.4@us.af.mil Telephone: 321-494-0155
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: Patricia Bates; patricia.bates@us.af.mil Administrative Contracting Officer : Donna Fowler; donna.fowler.2@us.af.mil Program Manager: Anthony Vera; anthony.vera.4@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.
beta.sam.gov; and
(2) Be registered to use WAWF at https://piee.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://piee.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.
Not Applicable
(ii) For fixed price line items--
Construction Payment Invoice and Progress Reports
(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.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(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: Not applicable Ship To Code: Not applicable Ship From Code: Not applicable Mark For Code: Not applicable Service Approver (DoDAAC): Not applicable Service Acceptor (DoDAAC): Not applicable Accept at Other DoDAAC: Not applicable LPO DoDAAC: Not applicable DCAA Auditor DoDAAC: Not applicable 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, 2018-12 252.236-7000, Modification Proposals--Price Breakdown, 1991-12
Section H - Special Contract Requirements
Section I - Contract Clauses
FAR Clauses Incorporated by Reference
Number, Title, Effective Date 52.202-1, Definitions, 2020-06 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, 2020-06 52.203-7, Anti-Kickback Procedures, 2020-06 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, 2020-06 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights, 2020-06 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, 2020-06 52.204-13, System for Award Management Maintenance, 2018-10 52.204-18, Commercial and Government Entity Code Maintenance, 2016-07 52.204-19, Incorporation by Reference of Representations and Certifications, 2014-12 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities, 2018-07 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment, 2019-08 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, 2020-06 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters, 2018-10 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations, 2015-11 52.211-13, Time Extensions, 2000-09 52.211-18, Variation in Estimated Quantity, 1984-04 52.214-26, Audit and Records-Sealed Bidding, 2020-06 52.214-27, Price Reduction for Defective Certified Cost or Pricing Data- Modifications-Sealed Bidding., 2020- 52.214-28, Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding, 2020-06 52.214-29, Order of Precedence-Sealed Bidding, 1986-01 52.219-6, Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008), 2020-03 52.219-8, Utilization of Small Business Concerns, 2018-10 52.219-14, Limitations on Subcontracting (DEVIATION 2020-O0008), 2020-03 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (DEVIATION 2020-O0008), 2020-03 52.219-28, Post-Award Small Business Program Rerepresentation, 2020-05 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 52.222-21, Prohibition of Segregated Facilities, 2015-04 52.222-26, Equal Opportunity, 2016-09 52.222-27, Affirmative Action Compliance Requirements for Construction, 2015-04 52.222-35 Equal Opportunity for Veterans, 2020-06 52.222-36, Equal Opportunity for Workers with Disabilities, 2020-06 52.222-37, Employment Reports on Veterans, 2020-06 52.222-40, Notification of Employee Rights Under the National Labor Relations Act, 2010-12 52.222-50, Combating Trafficking in Persons, 2019-01 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 52.223-3, Alternate I Hazardous Material Identification and Material Safety Data, 1997-01 52.223-5, Pollution Prevention and Right-to-Know Information, 2011-05 52.223-6, Drug-Free Workplace, 2001-0552.223-3, Hazardous Material Identification and Material Safety Data, 1997-01 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items. 2008-05 52.223-15, Energy Efficiency in Energy-Consuming Products, 2020-05 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, 2020-06 52.223-19, Compliance with Environmental Management Systems, 2011-05 52.223-21, Foams, 2016-06 52.225-13, Restrictions on Certain Foreign Purchases, 2008-06 52.227-1, Authorization and Consent, 2020-06 52.227-2, Notice and Assistance Regarding Patent and Copyright Infringement, 2020-06 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 52.228-15, Performance and Payment Bonds-Construction, 2020-06 52.229-3, Federal, State, and Local Taxes, 2013-02 52.232-5, Payments under Fixed-Price Construction Contracts, 2014-05 52.232-8, Discounts for Prompt Payment, 2002-02 52.232-16, Progress Payments, 2020-06 52.232-17, Interest, 2014-05 52.232-23, Assignment of Claims, 2014-05 52.232-27, Prompt Payment for Construction Contracts, 2017-01 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, 2018-10 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 52.233-1, Disputes, Alternate I, 1991-12 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 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and 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 52.236-21, Specifications and Drawings for Construction, 1997-02 52.236-26, Preconstruction Conference, 1995-02 52.242-13, Bankruptcy, 1995-07 52.243-4, Changes, 2007-06 52.244-5, Competition in Subcontracting, 1996-12 52.244-6, Subcontracts for Commercial Items, 2020-06 52.245-1, Government Property, 2017-01 52.247-12, Supervision, Labor, or Materials, 1984-04 52.248-3, Value Engineering-Construction, 2015-10 52.249-2, Termination for Convenience of the Government (Fixed-Price), ALT 1, 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, 2013-09 252.204-7003, Control of Government Personnel Work Product, 1992-04 252.204-7012, 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, 1991-12 252.208-7000, Intent to Furnish Precious Metals as Government-Furnished Material, 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, 2019-05 252.223-7001, Hazard Warning Labels, 1991-12 252.223-7006, 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, 2017-12 252.225-7048, Export-Controlled Items, 2013-06 252.227-7033, Rights in Shop Drawings, 1966-04 252.232-7004, DoD Progress Payment Rates, 2014-10 252.232-7010, Levies on Contract Payments, 2006-12 252.242-7006, Accounting System Administration, 2012-02 252.243-7001, 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, 2010-10 252.246-7008 Sources of Electronic Parts, 2018-05 252.247-7023 Transportation of Supplies by Sea, (2019-02)
FAR Clauses Incorporated By Full Text
52.211-12 Liquidated Damages-Construction. (SEP 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $348.62 for the first day and $274.19 for each calendar day thereafter of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(End of clause)
52.225-9 Buy American-Construction Materials. (MAY 2014)
(a) Definitions. As used in this clause- Commercially available off-the-shelf (COTS) item-
(1) Means any item of supply (including construction material) that is-
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
Cost of components means-
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Domestic construction material means-
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if-
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
Foreign construction material means a construction material other than a domestic construction material. United States means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material.
In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
None
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute. (1)
(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
| || Foreign and Domestic Construction Materials Price Comparison || | | || Construction Material Description || Unit of Measure || Quantity || Price (Dollars)* || | | || Item 1: || || || || | | || Foreign construction material || || || || | | || Domestic construction material || || || || | | || Item 2: || || || || | | || Foreign construction material || || || || | | || Domestic construction material || || || || | | [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] |
(End of clause)
52.236-4 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 12-1048.
(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: Not applicable
(End of clause)
52.246-21 Warranty of Construction. (MAR 1994)
(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph
(i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.
(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.
(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of-
(1) The Contractor's failure to conform to contract requirements; or
(2) Any defect of equipment, material, workmanship, or design furnished.
(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.
(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.
(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.
(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall-
(1) Obtain all warranties that would be given in normal commercial practice;
(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and
(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.
(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.
(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.
(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.
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 addresses: https://www.acquisition.gov
(End of clause)
52.252-4 Alterations in Contract. (APR 1984)
Portions of this contract are altered as follows: https://www.acquisition.gov
(End of clause)
52.252-6 Authorized Deviations in Clauses. (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any DFARS (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
DFARS Clauses Incorporated by Full Text
252.236-7001 Contract Drawings and Specifications. (AUG 2000)
(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.
(b) The Contractor shall
(1) Check all drawings furnished immediately upon receipt;
(2) Compare all drawings and verify the figures before laying out the work;
(3) Promptly notify the Contracting Officer of any discrepancies;
(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and
(5) Reproduce and print contract drawings and specifications as needed.
(c) In general--
(1) Large-scale drawings shall govern small-scale drawings; and
(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.
(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.
(e) The work shall conform to the specifications and the contract drawings listed in Section J for this project.
(End of clause)
AFFARS Clauses Incorporated by Full Text
5352.201-9101 USSF Ombudsman (OCT 2019)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes.
The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, for USSF (United States Space Force) acquisitions (excluding SMC acquisitions) please contact the Director of Contracts, Air Force Installation Contracting Center, Operating Location - Space (AFICC/KS OL-SPC) via the following e-mail workflow address: afica.ks.wf@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.
(End of clause)
5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) (OCT 2019)
(a) Contractors shall not:
(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or
(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.
[Note: This prohibition does not apply to manufacturing.]
(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:
(1) Halons: 1011, 1202, 1211, 1301, and 2402;
(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC- 115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and
(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.
[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]
(End of clause)
5352.223-9001 Health and Safety on Government Installations (Oct 2019)
(a) In performing work under this contract on a Government installation, the contractor shall:
(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and (2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.
(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.
(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.
(End of clause)
5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (OCT 2019)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.
b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid, REAL ID-compliant driver's license (will be marked with a star on the upper right corner) or other accepted government-issued photo identification (e.g., U.S. Passport, U.S. Passport Card, Permanent Resident Alien Card, or other acceptable identification card issued by federal, state, or local government agencies), current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass. Questions can be addressed to the Patrick AFB Visitor's Center at 321-494-0427, or to the Cape Canaveral Air Force Station Visitor's Center at 321-853-5261
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Integrated Defense para 7.2 and 7.15 and 45 Space Wing Integrated Defense Plan 31- 1, Annex C to Appendix 6 and 7. At a minimum, Tier-1 investigations is required for unescorted entry into restricted areas and to obtain AF Form 1199, Air Force Entry Control Card (Restricted Area Badge).
Contractors requiring unescorted entry into controlled areas will require a background investigation with the 45 SFS Visitor Control Centers and coordination with the servicing unit's Controlled Area Monitor for EAL placement
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
2. CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS - ADDITIONAL REQUIREMENTS
(Jun 2020)
(a) Contractors must have an approved request letter on file at Security Forces with employees name and the required data.
(b) Subcontracts: The contractor shall include this Special Contract Requirement in subcontracts of any tier.
(c) Unescorted Access to Installations:
(1) To request access to Patrick AFB and Cape Canaveral AFS, prior to their proposed business or contract requirements, all contractor personnel shall provide a current completed "45th Security Forces Credential Request Form".
(2) Contractor personnel must complete and sign the applicable form cited above before the required background check (see d. and e. below) can be performed.
(d) All personnel entering Patrick AFB and Cape Canaveral AFS must provide two forms of identification (one must be a photo ID) and have a background check.
(1) For unescorted entry into non-restricted areas of the installations, personnel must obtain, from AF security personnel, favorable National Criminal Information Center (NCIC) check, and have complete social security employment verifications prior to being issued badges (to include temporary passes.
(2) Prior to being issued restricted area badges for unescorted entry into restricted areas of the installations, U.S.
citizens working as contractor employees must obtain a favorable National Agency Check (NAC).
(3) All required information shall be provided to support background checks, and citizenship verification (i.e., birth certificate, passport, voter registration card, resident alien card, or certificate of naturalization).
(e) Escorted Access-Temporary Passes: Personnel may receive a temporary pass, Air Force Form 75/Visitor and Vehicle Pass, for no more than 30 total days in one 365 day period. This pass is issued without a criminal background check, but requires a Wants & Warrants check. Persons with temporary passes receive escorted access rights only, i. e.; they must be escorted at all times by an escort official. Escorted personnel must be with their escort official (the escort official must be in plain view) at all times while on the installation.
f) Personnel Background Checks
(1) The 45th Security Forces Visitor Control Centers will conduct the background check at no cost to the applicant. Refusal to submit to the background check will result in denial of access. Applicants shall be denied installation access based on an arrest and/or criminal record per the 45th SW Installation Access Policy.
(2) Individuals who do not meet the criteria for unescorted base access may still be granted escorted access on a case-by-case basis. The determination will be made based on the results of the background investigation, totality of the criminal record and the types of crime reported.
(3) For the purposes of this policy, convictions are considered to include the following: Guilty verdicts or a Nolo Contendere plea, disposition of cases resulting in deferred adjudication or pretrial diversion and expunged offenses resulting in convictions of crimes per the 45th SW Installation Access Policy.
(4) Contractors should allow 14 days for background checks to be finalized. The contractor should provide the required form (see c. above) for each of its personnel to the government 14 days before the contract start date whenever possible. Background checks cannot be performed from only a list of names.
(g) The Government will not be held responsible for contractual impacts or delays caused by the contractor's failure to take prompt action in providing the required information and documentation to obtain access to Patrick AFB and Cape Canaveral AFS.
Section J - List of Attachments
Attachment 1 - Drawings (SXHT 12-1048) dated March, 2018 (Pages: 38) Attachment 2 - Specifications (SXHT 12-1048) dated March, 2018 (Pages: 524) Attachment 2a - Addendum to the Specifications (SXHT 12-1048) dated 29 Jun 2020 (Pages: 1) Attachment 3 - Government Furnished Chiller Dimensions (SXHT 12-1048) Attachment 4 - Construction Wage Determination (FL 20200001) dated 03 Jul 20 (Pages: 7) Attachment 5 - GPP Certification (SXHT 12-1048) (Pages:4) Attachment 6 - CTR Hazardous Waste Form (Pages: 2) Attachment 7 - Q&A Template (Pages: 2) Attachment 8 - Rules of Engagement-Pre-Bid Site Visit Attachment 9 - CECC Form 3052 (Pages: 2)
Section K - Representations, Certification, and other Statements of Offerors
FAR Clauses Incorporated by Reference
Number, Title, Effective Date 52.203-11, Certification and Disclosure Regarding Payments to Federal Transactions Influence Certain Federal Transactions, 2007-09 52.204-17, Ownership or Control of Offeror, 2016-07 52.204-20, Predecessor of Offeror, 2016-07 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation, 2015-11 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law, 2016-02 52.222-38, Compliance with Veterans' Employment Reporting Requirements, 2016-02 52.223-1, Biobased Product Certification, 2012-05 52.223-4, Recovered Material Certification, 2008-05 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan- Certification, 2009-08 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications, 2020-06 52.236-28, Preparation Of Proposals-Construction (Oct 1997), 1997-10
DFARS Clauses Incorporated by Reference
Number, Title, Effective Date 252.203-7005, Representation Relating to Compensation of Former DoD Officials, 2011-11 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls, 2016-10 252.225-7974, Representation Regarding Persons that have Business Operations with the Maduro Regime
(DEVIATION 2020-O0005), 2020-05
252.232-7016. Notice of Progress Payments or Performance-Based…
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