Solicitation - FA286021R0024.pdf
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- FA286021R0024
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| File | Type | Posted |
|---|---|---|
| RFI Answers FA286021R0024 Replace Doors.pdf | ||
| Solicitation Amendment - FA286021R00240001.pdf | ||
| WD MD20210044.pdf | ||
| Door Replacement SOW 5 May 21.pdf |
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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
FA286021R0024
Section A - Solicitation/Contract Form
Replace Doors BLDGs 1279&1280 IAW SOW dated 5 May 2021.
Section B - Supplies or Services and Prices/Cost
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Bldg 1279 & 1280 work to remove the current doors and frames, prepare the area for new frame, install new frame, and install new doors and all required hardware. Complete all work in the SOW dated 5 May 2021.
Firm Fixed Price
CIN: 00000000000006606047
1 Lot
Section C - Description/Specifications/Statement of Work
Requirements 89 MXG Bldg 1279 and 1280 Door Replacement. A site visit is scheduled for 31 August 2021 at 10:00am.
Section D - Packaging and Marking
Section E - Inspection and Acceptance
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.246-12 Inspection of Construction. 1996-08
0001 Inspection and Acceptance Location Both Destination Instructions: Inspect and Accept at Government.
DoDAAC: F1D259 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F1D259 89 MXG
AF NO MILSBILLS PROC
1280 ARNOLD AVE
JB ANDREWS, MD 20762 6327
UNITED STATES
OfficeCode:
TSgt Alexander Becker Email: alexander.becker.2@us.af.mil Telephone: 301-981-4313
Section F - Deliveries or Performance
Delivery Schedule
Period of Performance From
15 SEP 2021
To
13 JAN 2022
Section G - Contract Administration Data
252.232-7006 Wide Area WorkFlow Payment Instructions.
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, orFile 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:
FILLED IN UPON AWARD
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
CONSTRUCTION PAYMENT
(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.
Invoice 2in1
(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) Inspection/accpetance location. The contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
F1D259
(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 - F67100 Issue By DoDAAC - FA2860 Admin DoDAAC** - FA2860
Inspect By DoDAAC - F1D259 Ship To Code - F1D259 Ship From Code - n/a Mark For Code - n/a Service Approver (DoDAAC) - n/a Service Acceptor (DoDAAC) - F1D259 Accept at Other DoDAAC - n/a LPO DoDAAC - F1D290 DCAA Auditor DoDAAC - n/a Other DoDAAC(s) - n/a
(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.
WAWF email notifications. the contractor shall enter the email addresses identified below in the "Send additional email notifications" field of WAWF once a document is submitted in the system.
benjamin.cummings@us.af.mil; alexander.becker.2@us.af.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
alexander.becker.2@us.af.mil _________________________________________________________________
(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 252.201-7000 Contracting Officer's Representative. 1991-12 252.204-7006 Billing Instructions. 2005-10
Section H - Special Contract Requirements
Section I - Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.204-13 System for Award Management Maintenance. 2018-10 52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.219-3 Notice of HUBZone Set-Aside or Sole Source Award. 2020-03 52.219-13 Notice of Set-Aside of Orders. 2020-03 52.222-6 Construction Wage Rate Requirements. 2018-08 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 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2020-06 52.232-23 Assignment of Claims. 2014-05 52.233-3 Protest after Award. 1996-08 52.242-14 Suspension of Work. 1984-04 52.243-1 Alternate I Changes-Fixed-Price. - (Alternate I) 1987-08 52.249-4 Termination for Convenience of the Government (Services) (Short Form). 1984-04
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
2021-01
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12
FAR Clauses Incorporated by Full Text
52.219-28 Post-Award Small Business Program Rerepresentation. 2020-11
As prescribed in , insert the following clause:19.309(c)(1)
POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)
. As used in this clause-(a) Definitions means a contract of more than five years in duration, including options. However, the term does not include contracts that Long-term contract exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
-Small business concern
Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is (1) bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the (2) Affiliates others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the (b) Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the (1) novation agreement was executed prior to inclusion of this clause in the contract.
Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to (2) include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
For long-term contracts-(3)
Within 60 to 120 days prior to the end of the fifth year of the contract; and(i)
Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.(ii)
If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the (c) Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that (d) corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a (e) construction or service contract, is 500 employees.
Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this (f) clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not (g) required to, take the actions required by paragraphs (f) or (h) of this clause.
If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code (h) applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it is, is not a small business concern under NAICS Code assigned to contract number .(1) ____ ____
[ .] The Contractor (2) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause represents that it is, is not, a small disadvantaged business concern as defined in .13 CFR 124.1002
[ ] The Contractor (3) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.
represents that it is, is not a women-owned small business concern.
Women-owned small business (WOSB) concern eligible under the WOSB Program. [(4) Complete only if the Contractor represented itself ] The Contractor represents that-as a women-owned small business concern in paragraph (h)(3) of this clause.
It is, is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB (i) Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
It is, is not a joint venture that complies with the requirements of , and the representation in paragraph (h)(4)(ii) 13 CFR part 127
(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:____ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
Economically disadvantaged women-owned small business (EDWOSB) concern.[(5) Complete only if the Contractor represented itself as a ] The Contractor represents that-women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.
It is, is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB (i) Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
It is, is not a joint venture that complies with the requirements of , and the representation in paragraph (h)(5)(ii) 13 CFR part 127
(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint ____ venture shall submit a separate signed copy of the EDWOSB representation.
[ ] The Contractor (6) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.
represents that it is, is not a veteran-owned small business concern.
[ ] The (7) Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.
Contractor represents that it is, is not a service-disabled veteran-owned small business concern.
[ ] The Contractor (8) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.
represents that-
It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone (i) Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in (ii) paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small ____ business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[ ] Contractor to sign and date and insert authorized signer's name and title.
(End of clause)
52.225-9 Buy American-Construction Materials. 2021-02
As prescribed in , insert the following clause:25.1102(a)
BUY AMERICAN-CONSTRUCTION MATERIALS (FEB 2021)
. As used in this clause-(a) Definitions
-Commercially available off-the-shelf (COTS) item
Means any item of supply (including construction material) that is-(1)
A commercial item (as defined in paragraph (1) of the definition at Federal Acquisition Regulation (FAR) 2.101);(i)
Sold in substantial quantities in the commercial marketplace; and(ii)
Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in (iii) the commercial marketplace; and
Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.(2)
"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
For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the (1) 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
For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation (2) 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.
means-Domestic construction material
For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-(1)
An unmanufactured construction material mined or produced in the United States; or(i)
A construction material manufactured in the United States, if-(ii)
The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its (A) components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or
The construction material is a COTS item; or(B)
For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material (2) manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".
means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, Fastener rivets, nails, clips, and screws.
means a construction material other than a domestic construction material.Foreign construction material means iron or steel products not produced in the United States. Produced in the United States means that all Foreign iron and steel manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
means that the cost of the iron and steel content exceeds 50 percent of the total cost of Predominantly of iron or steel or a combination of both all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.Steel
"United States" means the 50 States, the District of Columbia, and outlying areas.
Domestic preference. (b) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction (1) material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (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.
This requirement does not apply to information technology that is a commercial item or to the construction materials or components (2) listed by the Government as follows:
[Contracting Officer to list applicable excepted materials or indicate "none"]____
The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government (3) determines that-
The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to (i) the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;
The application of the restriction of the Buy American statute to a particular construction material would be impracticable or (ii) inconsistent with the public interest; or
The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available (iii) commercial quantities of a satisfactory quality.
Request for determination of inapplicability of the Buy American statute. (c) (1) Any Contractor request to use foreign construction material (i) in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-
A description of the foreign and domestic construction materials;(A)
Unit of measure;(B)
Quantity;(C)
Price;(D)
Time of delivery or availability;(E)
Location of the construction project;(F)
Name and address of the proposed supplier; and(G)
A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this (H) clause.
A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the (ii) format in paragraph (d) of this clause.
The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a (iii) duty-free certificate may be issued).
Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably (iv) 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.
If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer (2) 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.
Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is (3) noncompliant with the Buy American statute.
. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the (d) Data 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)
Item1:
Foreign construction material ____ ____ ____
Domestic construction material ____ ____ ____
Item2: ____ ____ ____
Foreign construction material ____ ____ ____
Domestic construction material
[* ].Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)
[ ]List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.
[ ]Include other applicable supporting information.
(End of clause)
52.228-13 Alternative Payment Protections. 2000-07
As prescribed in 28.102-3(b), insert the following clause:
Alternative Payment Protections (July 2000)
(a) The Contractor shall submit one of the following payment protections:
A payment bond, An irrevocable letter of credit (ILC), A tripartite escrow agreement, Certificates of deposit, or A deposit of the types of security listed in FAR 28.204-1 and 28.204-2
(b) The amount of the payment protection shall be 100 percent of the contract price.
(c) The submission of the payment protection is required within 10 days of contract award.
(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.
(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.
(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.
(End of clause)
52.246-21 Warranty of Construction. 1994-03
As prescribed in , the contracting officer may insert a clause substantially as follows in solicitations and contracts when a fixed-price 46.710(e)(1) construction contract (see (c)) is contemplated, and the use of a warranty clause has been approved under agency procedures:46.705
WARRANTY OF CONSTRUCTION (MAR 1994)
In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work (a) 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.
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 (b) part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.
The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at (c) the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of-
The Contractor’s failure to conform to contract requirements; or(1)
Any defect of equipment, material, workmanship, or design furnished.(2)
The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect (d) to work repaired or replaced will run for 1 year from the date of repair or replacement.
The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.(e)
If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have (f) the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.
With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials (g) furnished under this contract, the Contractor shall-
Obtain all warranties that would be given in normal commercial practice;(1)
Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and(2)
Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.(3)
In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to (h) enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.
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 (i) 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.
This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent (j) defects, gross mistakes, or fraud.
(End of clause)
DFARS Clauses Incorporated by Full Text
252.236-7001 Contract Drawings and Specifications. 2000-08
As prescribed in 236.570(a), use the following clause:
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 identified on the following index of drawings:
Title File Drawing No.
(End of clause)
AFFARS Clauses Incorporated by Full Text
5352.201-9101 AFDW Ombudsman 2019-10
(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, Ms. Paula P. Smith, 1500 West Perimeter Rd., Suite 5750, Joint Base Andrews Maryland 20762, (240)612-6112, paula.p.smith.civ@mail.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)
5352.223-9001 Health and Safety on Government Installations 2019-10
(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 2019-10
(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 driver s license, current vehicle registration, valid vehicle insurance certificate, and social security number to obtain a vehicle pass.
(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, and AFI 31-501, Personnel Security Program Management citing the appropriate paragraphs as applicable.
(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.
(End of clause)
Section J - List of Attachments
Number Attachment Name Attachment Description
Reference Identifier Date URL Line Item
Door Replacement SOW 5 May 21
Statement of Work
05 MAY
02 WD MD20210044 Wage Determination
06 AUG
Section K - Representations, Certification, and other Statements of Offerors
Section L - Instrs., Conds., and Notices to Offerors
FAR Clauses Incorporated by Full Text
52.252-1 Solicitation Provisions Incorporated by Reference. 1998-02
As prescribed in 52.107(a), insert the following provision:
Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/
(End of provision)
52.252-3 Alterations in Solicitation. 1984-04
As prescribed in , insert the following provision in solicitations in order to revise or supplement, as necessary, other parts of the 52.107(c) solicitation that apply to the solicitation phase only, except for any provision authorized for use with a deviation. Include clear identification of what is being- altered.
ALTERATIONS IN SOLICITATION (APR 1984)
Portions of this solicitation are altered as follows:
(End of clause)
52.252-5 Authorized Deviations in Provisions. 2020-11
As prescribed in 52.107(e), insert the following provision in solicitations that include any FAR or supplemental provision with an authorized deviation. Whenever any FAR or supplemental provision is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the provision when it is used without deviation, include regulation name for any supplemental provision, except that the contracting officer shall insert "(DEVIATION)" after the date of the provision.
Authorized Deviations in Provisions (Nov 2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Defense Federal Acquisition Regulation (48 CFR Chapter2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
Section M - Evaluation Factors for Award
BASIS FOR CONTRACT AWARD
M-1.1. This is Lowest price Technically Acceptable (LPTA) acquisition conducted in accordance with Federal Acquisition Regulation (FAR) 15, Contracting by Negotiation, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), the Air Force Federal Acquisition Regulation Supplement (AFFARS), and Air Force Mandatory Procedures 5315.3 27 Jan 2017. These regulations are available electronically at https://www.acquisition.gov. The Government will select the proposal with the lowest evaluated price from among those meeting the acceptability standards for non-price factors. Contract(s) may be awarded to the offeror who is deemed responsible in accordance with the FAR Part 9.1, as supplemented, whose proposal conforms to the solicitation's requirements (to include all stated terms, conditions, representations, certifications, and all other information required by Section L of this solicitation) and is judged, based on the evaluation factors, to represent the lowest price technically acceptable proposal. To be deemed Technically Acceptable the offeror must provide a technical proposal not to exceed 5 pages on how the work in the SOW is to be completed. The proposals received will be reviewed starting with the lowest price received. If the lowest price is found to be technically acceptable, evaluation will stop and the award will be made.
Note: For the purpose of this solicitation, a page is defined as one 8.5"x 11" size electronic page with 1 inch margins and using a minimum of 10 point Times New Roman font. The font style and size requirements also apply to Information Summaries and to graphics, art, figures, imported charts, charts, and any other graphical representation that includes text. Any page that exceeds or fails to meet the size, margin, font or total page limit requirements will not be evaluated. Formatting requirements do not apply to documents or RFP Attachments provided by the Government. Any form that the Government has provided as an RFP Attachment to be filled out by the offeror shall follow the format of the form.
M-1.2. In order to be eligible for award, offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as factors. Failure to comply with the terms and conditions of the solicitation may result in the offeror being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and must provide complete supporting rationale. The Government reserves the right to determine any such exceptions unacceptable.
| IMPORTANT - The "offer" section on the reverse must be fully completed by offeror. |
| NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder". |
| OFFER (Must be fully completed by offeror) |
| 18. The offeror agrees to furnish any required performance and payment bonds. |
AWARD (To be completed by Government)
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File details come from the government source that posted it. Updated .