Solicitation - FA309923R0002.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
Created On: 12 May 2023, 09:59 AM Central Standard Time
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
Section A - Solicitation/Contract Form
Repair & Replace Liner, Wastewater Lagoon 1
Proposal Identifier: FA309923R0002 Date: 12 May 2023
FA309923R0002
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price
Amount
Providing all labor, equipment, and materials to repair the eroded lagoon wall, remove the clay liner, replace with a geomembrane liner, and install a leak detection system.
Product Service Code: Z2ND Pricing Arrangement: Firm Fixed Price
1 Lot
Section C - Description/Specifications/Statement of Work
STATEMENT OF OBJECTIVES
Repair/Replace Liner, Wastewater Lagoon 1
MXDP 14-1022
LAUGHLIN AIR FORCE BASE, TEXAS
01 February 2023
PREPARED BY: 47 CES/CENMP
1. Introduction
1.1. Purpose
1.1.1. The purpose of the project is to repair the eroded lagoon clay liner, replace with a geomembrane liner, and install a leak detection system in the Wastewater Lagoon 1.
1.2. Location of Work
1.2.1. Laughlin AFB, Texas, Wastewater Lagoon 1
1.3. This project is a design-build contract. The Contractor shall be responsible for completing a 100% design. The Contractor shall also be responsible for the construction of the approved design as described herein. The 100% design shall be approved by the Government prior to the beginning of construction.
1.4. Within this document, the following shall be consistent:
1.4.1. When "the Government" is mentioned, it is a representation of the Project Manager (PM), the Contracting Officer (CO), and the Contract Specialist (CS).
1.4.2. When "the Contractor" is mentioned, it is a representation of the prime contractor, all sub-contractors, and all other parties working with and for the prime contractor.
2. Scope of Work
2.1. The Contractor shall determine condition and integrity (including any required tests), establish design criteria, perform design, implement repairs, install systems, and perform any required performance tests in accordance with applicable state and federal regulations.
2.2. The Contractor shall furnish all labor, equipment, material, transportation, administration, supervision, and all else necessary to obtain all information and engineering design data through on-site investigation, reconnaissance, and surveys, as required to complete the scope of work described within this Statement of Objectives (SOO).
2.3. All work on this project shall comply with all current Unified Facilities Criteria (UFC), Engineering Technical Letters (ETLs), Unified Facilities Guide Specifications (UFGS), National Fire Protection Association (NFPA 101) Life Safety Code, International Building Code (IBC), International Plumbing Code (IPC), Code of Federal Regulations (CFR), Texas Commission on Environmental Quality (TCEQ), Texas Administrative Code (TAC),Water Environmental Federation: Manual of Practice No. 8, Air Force, State, Local, DOD codes, standards, and all other current applicable regulations. The current revision of the applicable regulation at the time of contract award shall apply.
2.4. Existing Conditions
2.4.1. The Contractor shall investigate existing conditions and obtain all necessary engineering design data through on-site investigation, reconnaissance, and surveys, as required to complete the scope of work.
2.4.1.1. The Government will furnish copies of all available records as necessary to aid in the completion of this project. However, the use of Government furnished data does not relieve the Contractor from performing thorough site investigations to obtain all the information necessary to provide a complete and fully functioning design.
2.4.1.2. The Contractor shall be solely responsible for verifying and validating existing conditions and incorporating the requirements in conjunction with the existing conditions.
2.4.2. Based on the investigation of the existing conditions and design requirements stated with in this SOO, it shall be the Contractor's responsibility to recommend which components can remain and/or be reused and which components be demolished and replaced.
2.4.3. Testing shall be conducted on site to ensure design criteria are being met during repair of the lagoon. The certification shall be accomplished by a licensed professional engineer or licensed professional geoscientist and results shall be submitted to the contracting officer.
2.4.4. Lagoon 1 has a design capacity of approximately 17.26 million gallons. It covers a surface area of approximately 8.15 acres. Available depth measurements indicate Lagoon 1 is averaging 6.5 feet.
2.4.5. Lagoon 1 is currently clay lined and contains Solar Bee SB10000DM long-distance circulation (LDC) devices. The Solar Bee SB10000DM LDC devices shall be removed prior to repair of the lagoon and reinstalled after the repair of the wastewater lagoon. For further details refer to Attachment A, Wastewater Lagoon 1 Existing Conditions.
2.4.6. A compliance investigation by the TCEQ indicated the clay barrier in Lagoon 1 has eroded and may cause water breaches.
2.4.7. The Contractor shall coordinate with the Government to provide all required documents to TCEQ and any other regulators for environmental compliance. The Government shall assist with any notification efforts. For further details refer to Attachment C, Environmental Quality Construction Specifications Laughlin Air Force Base.
2.5. Design Requirements
2.5.1. The Contractor shall design the repair of the Wastewater Lagoon 1 in accordance with, but not limited to, the latest editions of the following and all specifications cited therein:
2.5.1.1. Attachment B, Laughlin AFB Division 01 General Specifications
2.5.1.2. Attachment C, Environmental Quality Construction Specifications Laughlin Air Force Base
2.5.1.3. Attachment D, Architectural Compatibility Guidelines Laughlin Air Force Base
2.5.1.4. Attachment E, Laughlin Installation Facility Standards
2.5.1.5. UFC 1-200-01 DoD Building Code
2.5.1.6. UFC 3-201-01 Civil Engineering
2.5.1.7. UFC 3-240-01 Wastewater Collection and Treatment
2.5.1.8. UFC 3-420-01 Plumbing Systems
2.5.1.9. UFC 4-010-01 DoD Minimum Antiterrorism Standards for Buildings
2.5.1.10. Texas Commission of Environmental Quality (TCEQ) Chapter 217 - Design Criteria for Domestic Wastewater Systems, Subchapter H:
Natural Treatment facilities
2.5.1.11. TCEQ Chapter 312 - Sludge Use, Disposal, and Transportation, Subchapter F: Disposal of Water Treatment Sludge and TCEQ TPDES Permit NO. WQ001265001
2.5.1.12. Water Environmental Federation: Manual of Practice No. 8, Chapter 16: Natural Systems
2.5.2. The Contractor shall complete a 100% design to accomplish the following design requirements. The scope of the design includes, but is not limited to, repair the eroded wall, install new geomembrane liner, and install new leak detection system for Wastewater Lagoon 1.
2.5.3. The Contractor shall identify any additional deficiencies which could affect the performance of the wastewater lagoon.
2.6. Construction Requirements
2.6.1. The Contractor shall prepare Lagoon 1 for receipt of the new geomembrane liner by executing, but not limited to, the following:
2.6.1.1. Drain contents of Lagoon 1 by transferring and diverting wastewater to Lagoons 2 and 3.
2.6.1.2. Test the sludge for hazardous materials, including Per/Polyfluorinated Substances (PFAS), to determine proper disposal.
2.6.1.3. Properly dispose of all sludge from Lagoon 1.
2.6.1.4. Prepare lagoon walls and base for liner installation.
2.6.2. The Contractor shall perform the repair/installation in accordance with the approved 100% design documents.
2.6.3. The Contractor shall perform component and system testing of the Solar Bees under the following conditions.
2.6.3.1. The Contractor shall have the Government present while performing any type of systems testing.
2.6.4. Construction activities shall not interfere with everyday operations in the sewage lagoon area nor disrupt operation of Sewage Lagoons 2 and 3.
In addition, at least two sewage lagoons shall be operational at all times.
2.6.5. After construction completion, the Contractor shall clean the site and return it to its original condition or better.
3. Submittals
3.1. The Contractor shall submit a summary of the information/data collected from the site investigations performed on Wastewater Lagoon 1. The Contractor shall submit one digital copy (PDF) to the Government prior to or at the same time as the 35% Conceptual Design package.
3.2. The Contractor shall submit the following design submittals:
3.2.1. Conceptual Design (35%) - The Contractor shall submit a Conceptual Design (35% Design) package including:
3.2.1.1. Technical Evaluation/Recommendation: one digital copy in PDF and Word format
3.2.1.2. Design Analysis: one digital copy (PDF)
3.2.1.3. Drawings: one 24x36 inch paper copy (D size) and two digital copies (one PDF and one CAD format)
3.2.1.4. Draft Specifications (list only): one digital copy (PDF)
3.2.1.5. Design Calculations: one digital copy
3.2.2. Intermediate Design (65%) - The Intermediate Design package shall include all comments/corrections from the 35% design review. The Contractor shall submit an Intermediate Design (65% Design) package including:
3.2.2.1. Design Analysis: one digital copy (PDF)
3.2.2.2. Drawings: one 24x36 inch paper copy (D size) and two digital copies (one PDF and one CAD format)
3.2.2.3. Draft Specifications: one digital copy (PDF)
3.2.2.4. Draft Construction Cost Estimate: one digital copy
3.2.2.5. Design Calculations: one digital copy
3.2.3. Pre-Final Design (95%) - The Pre-final design package shall include all comments/corrections from the 65% design review. The Contractor shall submit a Pre-Final Design (95%) package including:
3.2.3.1. Design Analysis: one digital copy (PDF)
3.2.3.2. Drawings: one 24x36 inch paper copy (D size) and two digital copies (one PDF and one CAD format)
3.2.3.3. Draft Specifications: one digital copy (PDF)
3.2.3.4. Draft Construction Cost Estimate: one digital copy
3.2.3.5. Draft Construction Schedule: one digital copy (PDF)
3.2.3.6. Draft Submittal Register: two digital copies (PDF and Microsoft Excel)
3.2.3.7. Design Calculations: one digital copy
3.2.4. Final Design (100%) - The Final design package shall include all comments/corrections from the 95% design review. The Contractor shall submit a Final Design (100%) package including:
3.2.4.1. Design Analysis: one digital copy (PDF)
3.2.4.2. Drawings: one 24x36 inch paper copy (D size) and two digital copies (one PDF and one CAD format)
3.2.4.3. Specifications: one digital copy (PDF)
3.2.4.4. Construction Cost Estimate: one digital copy (PDF and/or Microsoft Excel)
3.2.4.5. Construction Schedule: one digital copy (PDF)
3.2.4.6. Submittal Register: two digital copies (PDF and Microsoft Excel)
3.2.4.7. Design Calculations: one digital copy (PDF)
3.2.5. The Contractor shall submit design packages in accordance with schedule in Table 1.
Design Submittal Delivery Dates
35% Conceptual Design Submit 30 calendar days after Notice to Proceed #1
65% Intermediate Design 45 calendar days after Government approved 35% design submittal
95% Pre-Final Design 35 calendar days after Government approved 65% design submittal
100% Final Design 25 calendar days after Government approved 95% design submittal
Table 1. Design Submittal Schedule
3.2.6. The Government will require up to 14 calendar days for review of each design submittal. The Government will provide review comments to the Contractor and a design review teleconference will take place after each design submittal.
3.2.7. The Contractor shall provide a construction cost estimate for the 65%, 95%, and 100% design submittals. Cost estimates shall detail individual construction components with RSMeans reference for every line item. Performing the estimate in e4Clicks is preferred, but not required.
3.2.8. The Contractor shall provide a construction schedule for the 95% and 100% design submittals. The schedule shall represent the construction plan on how the work will be sequenced and accomplished based on the design.
3.2.9. The Contractor shall provide a SOW for repair and installation of Wastewater Lagoon 1 liner. The SOW shall include at a minimum:
3.2.9.1. Summary report of the existing Lagoon 1
3.2.9.2. Description of work to be accomplished
3.2.9.3. Requirements for Operations and Maintenance (O&M) training and warranty.
3.2.9.4. Schedule of material submittals. The Contractor shall update the Attachment F, Schedule of Material Submittals.
3.3. The Contractor shall provide the Government with as-built drawings. One 24x36 inch paper copy (D size) and two digital copies (one PDF and one CAD format).
3.4. All CAD drawings shall be compatible to the Autodesk AutoCAD version currently in use by the 47th Civil Engineer Squadron, Laughlin AFB, TX.
4. Designer of Record
4.1. The term "Designer of Record" in the context of this project shall mean the principal professional Architect or Engineer. The Contractor shall serve as the "Designer of Record". The Contractor is accountable for all aspects of the completed design drawings.
5. Schedule
5.1. Notice to Proceed (NTP)
5.1.1. This project shall have three NTPs. NTP#1 will be for design submittals, NTP#2 will be for pre-construction submittals, and NTP#3 will be for construction.
5.2. Period of Performance (PoP)
5.2.1. The PoP for NTP#1 is 135 calendar days. The PoP for NTP#2 is 60 calendar days. The PoP for NTP#3 is 150 calendar days.
6. Meetings
6.1. The Government will host a Kick-Off Meeting. The Kick-Off Meeting shall take place prior to the issuance of NTP#1. The Kick-Off Meeting shall be held either at Laughlin AFB or the meeting will be held via teleconference.
6.2. As required in paragraph 2.4.1, the Contractor shall perform an on-site investigation at Laughlin AFB. The on-site investigation shall be held within 5 calendar days of NTP#1. At this time, a design charrette will take place between the Government and the Contractor to discuss any specific concerns.
6.3. A design review teleconference will take place after each design submittal. The teleconference will address all design review comments provided by the Government. The design review teleconference shall take place within 3 calendar days of receipt of Government comments.
6.4. The Government will host a meeting prior to issuing NTP#2. This meeting will serve to review requirements, schedule, and highlight any issues.
6.5. The Government will host a Pre-Construction Meeting prior to issuing NTP#3. This meeting will serve to review requirements, schedule, and highlight any issues.
6.6. During the NTP#3 construction phase, the Contractor and the Government will participate in weekly status meetings via teleconference.
6.7. A preliminary final inspection shall take place no later than two weeks prior to the expiration of the PoP for NTP#3. The Contractor shall demonstrate that all systems are fully functional and operational. Inspection party members shall check for compliance with regulatory requirements and work completion. All inspection findings shall be compiled into a list of action items for the Contractor to address and finalize. The Contractor shall provide a draft DD Form 1354, Transfer and Acceptance of Military Real Property, Transfer and Acceptance of Real Property to the Government prior to the preliminary final site walk.
6.8. A final inspection shall take place prior to the expiration of the PoP for NTP#3 to verify that all items listed during the preliminary final inspection have been addressed by the Contractor to the satisfaction of the Government according to the contractual documents. All final documentation for the project shall be submitted to the Government once all items are accepted, including the final Form 1354.
6.9. The Contractor is responsible for providing meeting minutes after each meeting to the Government no later than three days after each meeting.
Meeting minutes shall include the meeting attendee list.
7. Deliverables
7.1. Progress Schedule & Progress Report
7.1.1. The Contractor shall submit a signed Progress Schedule and Progress Report, similar to Attachment G, Progress Schedule Form and Contract Progress Report to the CO every two weeks. The form for the Progress Schedule and Progress Report will be provided by the CO.
7.2. Submittals
7.2.1. The Contractor shall submit all submittals, see Attachment F, Schedule of Material Submittals, to the CO for Government review for approval /disapproval. The Contractor shall ensure that no construction work begins, or material/equipment is acquired until submittals for that work or item have been approved. For more details, see Attachment B, Laughlin AFB Division 01 General Specifications, section 10.
Requirements The purpose of the project is to repair the eroded lagoon wall or clay liner, replace with a geomembrane liner, and install a leak detection system in the Wastewater Lagoon 1.
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. Aug 1996
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: Please contact POC for any questions or concerns.
DoDAAC: F2R3C1 CountryCode: USA
F2R3C1 47 CES CER
AF NO MILSBILLS PROC CP 8302985232, 251 4TH ST BLDG 100
LAUGHLIN AFB, TX 78843-5126
UNITED STATES
Laura Schuetzler Email: laura.schuetzler@us.af.mil Telephone: (830) 298-4562
Section F - Deliveries or Performance
Overall Contract Delivery Period
From date of lead time event to beginning of performance 10 Calendar Days Date of Notice to Proceed Receipt
From date of lead time event to completion of performance 345 Calendar Days Date of Notice to Proceed Receipt
Line Item
Delivery Schedule Quantity Address and POC
Delivery Schedule From date of lead time event to completion of performance 345 Calendar Days Date of Notice to Proceed Receipt
1 Lot Place of Performance DoDAAC: F2R3C1 CountryCode: USA
F2R3C1 47 CES CER
AF NO MILSBILLS PROC CP 8302985232, 251 4TH ST
BLDG 100
LAUGHLIN AFB, TX 78843-5126
UNITED STATES
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.247-34 F.o.b. Destination. Nov 1991
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. Jan 2023
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"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) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(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) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
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) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.
WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
Construction Invoice
(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.
Construction Invoice
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial 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) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.
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 FA3099
Admin DoDAAC FA3099
Inspect By DoDAAC F2R3C1
Ship To Code N/A
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) N/A
Service Acceptor (DoDAAC) N/A
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(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.
Contract Specialist:
SSgt Eric A. Meshako, 830-298-4879
Contracting Officer:
Salvador Castillo, 830-298-4694
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section H - Special Contract Requirements
Section I - Contract Clauses
Number........................................................Title............................................................Effective Date
252.231-7000....................................Supplemental Cost Principles...................................1991-12
52.227-4.................................... Patent Indemnity-Construction Contracts........................2007-12
52.228-14..................................Irrevocable Letter of Credit..................................................2014-11
52.228-15.........................Performance and Payment Bonds-Construction........................2020-06
As prescribed in , insert a clause : (a)28.102-3 substantially as follows
Performance and Payment Bonds- (Jun 2020)Construction
(a) Definitions. As used in this clause-
Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. does not include the price of any , Original contract price options except those exercised at the time of contract award. options
(b) Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Regulation Acquisition
(a) on the date of award of this contract, the successful furnish performance and payment bonds to the as 28.102-1 offeror shall Contracting Officer follows:
(1) Performance bonds ( ) Standard Form 25 . The penal amount of performance bonds at the time of contract award be 100 percent of the shall .original contract price
(2) Payment Bonds ( ) Standard Form 25A . The penal amount of payment bonds at the time of contract award be 100 percent of the shall original .contract price
(3) Additional bond protection.
(i) The Government require additional performance and payment bond protection if the contract price is increased. The increase in protection may generally will equal 100 percent of the increase in contract price.
(ii) The Government secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an may additional bond.
(c) Furnishing executed bonds. The Contractor furnish all executed bonds, including any necessary reinsurance agreements, to the shall Contracting Officer, within the time period specified in the Bid Guarantee provision of the , or otherwise specified by the , but in solicitation Contracting Officer any event, before starting work.
(d) or other security for bondsSurety . The bonds be in the form of firm commitment, supported by corporate whose names appear on shall sureties the list contained in Treasury Department Circular 570, individual , or by other acceptable security such as postal money order, certified sureties check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States . Treasury Circular 570 is published in the or be obtained from the: Federal Register may
U.S. Department of the Treasury, Financial Management, Service Bond Branch, Surety
3700 East West Highway, Room 6 F01, Hyattsville, MD 20782.
Or via the internet at http://www.fms.treas.gov/c570/.
FA309923R0002
https://www.acquisition.gov/far/part-28#FAR_28_102_3 https://www.acquisition.gov/far/part-28#FAR_28_102_1 https://www.gsa.gov/forms-library/performance-bond https://www.gsa.gov/forms-library/payment-bond
(e) Notice of subcontractor waiver of protection ( 40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing , signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.
(End of clause)
52.236-4................Physical Data...................Apr 1984
As prescribed in 36.504 , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated and physical data (e.g., test borings, hydrographic, weather conditions data) will be furnished or made available to offerors. All information to be furnished or made available to offerors before award that pertains to the performance of the work should be identified in the clause. When paragraphs are not applicable they may be deleted. 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. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by 47 CES. (b) Weather conditions extensions for abnormally severe weather will be one for one, as it occurs. (c) Transportation facilities N/A. (d) N/A. (End of clause)
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.202-1 Definitions. Jun 2020 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
Nov 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
Nov 2021
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.215-23 Limitations on Pass-Through Charges. Jun 2020 52.215-23 Alternate I Limitations on Pass-Through Charges. (Alternate I) Oct 2009 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-6 Alternate I Notice of Total Small Business Set-Aside. (Alternate I) Mar 2020 52.219-8 Utilization of Small Business Concerns. Oct 2022 52.222-3 Convict Labor. Jun 2003 52.222-6 Construction Wage Rate Requirements. Aug 2018 52.222-7 Withholding of Funds. May 2014 52.222-8 Payrolls and Basic Records. Jul 2021 52.222-9 Apprentices and Trainees. Jul 2005 52.222-10 Compliance with Copeland Act Requirements. Feb 1988 52.222-11 Subcontracts (Labor Standards). May 2014 52.222-12 Contract Termination-Debarment. May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. May 2014 52.222-14 Disputes Concerning Labor Standards. Feb 1988 52.222-15 Certification of Eligibility. May 2014 52.222-21 Prohibition of Segregated Facilities. Apr 2015
52.222-26 Equal Opportunity. Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction. Apr 2015 52.222-35 Equal Opportunity for Veterans. Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-54 Employment Eligibility Verification. May 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.223-19 Compliance with Environmental Management Systems. May 2011 52.223-21 Foams. Jun 2016 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-17 Interest. May 2014 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services. Nov 2021 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.
Apr 1984
52.236-10 Operations and Storage Areas. Apr 1984 52.236-11 Use and Possession Prior to Completion. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Accident Prevention. Nov 1991 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997 52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-4 Changes. Jun 2007 52.244-5 Competition in Subcontracting. Dec 1996 52.244-6 Subcontracts for Commercial Products and Commercial Services. Dec 2022 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-4 Termination for Convenience of the Government (Services) (Short Form). Apr 1984 52.249-10 Default (Fixed-Price Construction). Apr 1984 52.253-1 Computer Generated Forms. Jan 1991
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011
252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.
Jan 2023
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Jan 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Dec 1991
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
May 2019
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7004 Drug-Free Work Force. Sep 1988 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023
252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools. Jun 2005 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
Jan 2023
252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Jan 2023 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010
FAR Clauses Incorporated by Full Text
52.204-2 Security Requirements. Mar 2021
As prescribed in , insert the following clause:4.404(a)
SECURITY REQUIREMENTS (MAR 2021)
This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret."(a)
The Contractor shall comply with-(b)
The Security Agreement DD Form441), including the (32 CFR part 117); and(1) National Industrial Security Program Operating Manual
Any revisions to that manual, notice of which has been furnished to the Contractor.(2)
If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the (c) Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.
The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding (d) any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.
(End of clause)
52.211-10 Commencement, Prosecution, and Completion of Work. Apr 1984
As prescribed in , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The 11.404(b) clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.
Commencement, Prosecution, and Completion of Work (Apr 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 345 days after receipt of Notice to Proceed
.* The time stated for completion shall include final cleanup of the premises.(NTP)
(End of clause)
52.211-12 Liquidated Damages-Construction. Sep 2000
As prescribed in , insert the following clause in solicitations and contracts:11.503(b)
Liquidated Damages-Construction (Sept 2000)
If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the (a) Government in the amount of $214.23 for each calendar day of delay until the work is completed or accepted.
If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These (b) liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(End of clause)
52.219-14 Limitations on Subcontracting. Oct 2022
As prescribed in , insert the following clause:19.507(e)
Limitations on Subcontracting (Oct 2022)
This clause does not apply to the unrestricted portion of a partial set-aside.(a)
, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-(b) Definition. Similarly situated entity
Has the same small business program status as that which qualified the prime contractor for the award ( , for a small business set-aside (1) e.g.
contract, any small business concern, without regard to its socioeconomic status); and
Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor (2) assigned to the subcontract.
This clause applies only to-(c) Applicability.
Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);(1)
Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);(2)
Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;(3)
Orders expected to exceed the simplified acquisition threshold and that are-(4)
Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or(i)
Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);(ii)
Orders, regardless of dollar value, that are-(5)
Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(i) (2)(i)(F); or
Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award (ii) contracts, as described in 19.504(c)(1)(ii); and
Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the (6) evaluation preference.
An independent contractor shall be considered a subcontractor.(d) Independent contractors.
By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract (e) Limitations on subcontracting.
assigned a North American Industry Classification System (NAICS) code for-
Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to (1) subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the (2) Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the (3) cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract (4) performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
The Contractor shall comply with the limitations on subcontracting as follows:(f)
For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-(1)
[ ] By the end of the base term of the contract and then by the end of each subsequent option period; or
[X] By the end of the performance period for each order issued under the contract.
For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.(2)
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
(End of clause)
52.219-28 Post-Award Small Business Program Rerepresentation. Oct 2022
As prescribed in , insert the following clause:19.309(c)(1)
POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (OCT 2022)
. 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
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.
, 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…
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