Solicitation - FA485520B0003.pdf
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- Attached to
- Hangar Paint Federal contract opportunity
- Solicitation number
- FA4855-20-B-0003
About this file
This is a solicitation for painting services at Cannon Air Force Base. The government requires painting various hazard areas and markings in ten hangars, the CV-22 aircraft parking apron, and other areas to comply with standards. Services include establishing clear zone markings, taxi/tow lines, eyewash station markings, grounding points, and restricted/fire lanes. The period of performance is approximately 244 calendar days from notice to proceed. The acquisition will use firm-fixed price contracting with a total estimated value between $500,000 to $1,000,000. The solicitation is set aside for women-owned small businesses. The response due date is June 15, 2020 and the wage determination is NM20200036. A site visit will be held on May 27, 2020 with COVID-19 precautions limiting attendees to two representatives who RSVP by May 21.
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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
FA485520B0003
Section A - Solicitation/Contract Form
Section B - Supplies or Services and Prices/Cost
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
HANGAR 194: Repair/Paint Hazard Areas and Parking Reference Points in Hangar 194 on Cannon Air Force Base, NM. All work will be conducted in accordance with the Statement of Work, Attached Specifications and Drawings.
Product Service Code: Z1BZ Weapon System Code: 000 Firm Fixed Price
CIN: 00000000000005265119
1.0 Job
HANGAR 195: Repair/Paint Hazard Areas and Parking Reference Points in Hangar 195 on Cannon Air Force Base, NM. All work will be conducted in accordance with the Statement of Work, Attached Specifications and Drawings.
Product Service Code: Z1BZ Weapon System Code: 000 Firm Fixed Price
CIN: 00000000000005265120
1.0 Job
HANGAR 196: Repair/Paint Hazard Areas and Parking Reference Points in Hangar 196 on Cannon Air Force Base, NM. All work will be conducted in accordance with the Statement of Work, Attached Specifications and Drawings.
Product Service Code: Z1BZ Weapon System Code: 000 Firm Fixed Price
CIN: 00000000000005265121
1.0 Job
HANGAR 197: Repair/Paint Hazard Areas and Parking Reference Points in Hangar 197 on Cannon Air Force Base, NM. All work will be conducted in accordance with the Statement of Work, Attached Specifications and Drawings.
Product Service Code: Z1BZ Weapon System Code: 000 Firm Fixed Price
CIN: 00000000000005265122
1.0 Job
HANGAR 208: Repair/Paint Hazard Areas and Parking Reference Points in Hangar 208 on Cannon Air Force Base, NM. All work will be conducted in accordance with the Statement of Work, Attached Specifications and Drawings.
Product Service Code: Z1BZ Weapon System Code: 000 Firm Fixed Price
CIN: 00000000000005265123
1.0 Job
HANGAR 4606: Repair/Paint Hazard Areas and Parking Reference Points in
Hangar 4606 on Cannon Air Force Base, NM. All work will be conducted in accordance with the Statement of Work, Attached Specifications and Drawings.
Product Service Code: Z1BZ Weapon System Code: 000 Firm Fixed Price
CIN: 00000000000005265124
1.0 Job
HANGAR 4607: Repair/Paint Hazard Areas and Parking Reference Points in Hangar 4607 on Cannon Air Force Base, NM. All work will be conducted in accordance with the Statement of Work, Attached Specifications and Drawings.
Product Service Code: Z1BZ Weapon System Code: 000 Firm Fixed Price
CIN: 00000000000005265125
1.0 Job
HANGAR 4608: Repair/Paint Hazard Areas and Parking Reference Points in Hangar 4608 on Cannon Air Force Base, NM. All work will be conducted in accordance with the Statement of Work, Attached Specifications and Drawings.
Product Service Code: Z1BZ Weapon System Code: 000 Firm Fixed Price
CIN: 00000000000005265126
1.0 Job
HANGAR 4609: Repair/Paint Hazard Areas and Parking Reference Points in Hangar 4609 on Cannon Air Force Base, NM. All work will be conducted in accordance with the Statement of Work, Attached Specifications and Drawings.
Product Service Code: Z1BZ Weapon System Code: 000 Firm Fixed Price
CIN: 00000000000005265127
1.0 Job
HANGAR 4610: Repair/Paint Hazard Areas and Parking Reference Points in Hangar 4610 on Cannon Air Force Base, NM. All work will be conducted in accordance with the Statement of Work, Attached Specifications and Drawings.
Product Service Code: Z1BZ Weapon System Code: 000 Firm Fixed Price
CIN: 00000000000005265128
1.0 Job
CV 22 Apron: Repair/Paint Hazard Areas and Parking Reference Points along the CV 22 apron on Cannon Air Force Base, NM.
All work will be conducted in accordance with the Statement of Work, Attached Specifications and Drawings.
Product Service Code: Z1BZ Weapon System Code: 000 Firm Fixed Price
CIN: 00000000000005265129
1.0 Job
Section C - Description/Specifications/Statement of Work
See Section J for list of attachments
Requirements Repair/Paint Hazard Areas and Parking Reference Points
Section D - Packaging and Marking
Not Applicable
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: This will be inspected and accepted at destination, Hangar 194 Cannon Air Force Base, NM.
DoDAAC: F1L3J2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
27 SOCES CC
AF BPN NO MILSBILLS PROCESSES
506 N AIR COMMANDO WAY
CANNON AFB, NM 88103 5100
United States
OfficeCode:
Bradley Wise Telephone: 575-904-4403 Email: bradley.wise.2@us.af.mil
0002 Inspection and Acceptance Location Both Destination Instructions: This will be inspected and accepted at destination, Hangar 195 Cannon Air Force Base, NM.
DoDAAC: F1L3J2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
27 SOCES CC
AF BPN NO MILSBILLS PROCESSES
506 N AIR COMMANDO WAY
CANNON AFB, NM 88103 5100
United States
OfficeCode:
Bradley Wise Telephone: 575-904-4403 Email: bradley.wise.2@us.af.mil
0003 Inspection and Acceptance Location Both Destination
Instructions: This will be inspected and accepted at destination, Hangar 196 Cannon Air Force Base, NM.
DoDAAC: F1L3J2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
27 SOCES CC
AF BPN NO MILSBILLS PROCESSES
506 N AIR COMMANDO WAY
CANNON AFB, NM 88103 5100
United States
OfficeCode:
Bradley Wise Telephone: 575-904-4403 Email: bradley.wise.2@us.af.mil
0004 Inspection and Acceptance Location Both Destination Instructions: This will be inspected and accepted at destination, Hangar 197 Cannon Air Force Base, NM.
DoDAAC: F1L3J2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
27 SOCES CC
AF BPN NO MILSBILLS PROCESSES
506 N AIR COMMANDO WAY
CANNON AFB, NM 88103 5100
United States
OfficeCode:
Bradley Wise Telephone: 575-904-4403 Email: bradley.wise.2@us.af.mil
0005 Inspection and Acceptance Location Both Destination Instructions: This will be inspected and accepted at destination, Hangar 208 Cannon Air Force Base, NM.
DoDAAC: F1L3J2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
27 SOCES CC
AF BPN NO MILSBILLS PROCESSES
506 N AIR COMMANDO WAY
CANNON AFB, NM 88103 5100
United States
OfficeCode:
Bradley Wise Email: Bradley.Wise.2@us.af.mil Telephone: 575-904-4403
0006 Inspection and Acceptance Location Both Destination Instructions: This will be inspected and accepted at destination, Hangar 4606 Cannon Air Force Base, NM.
DoDAAC: F1L3J2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
27 SOCES CC
AF BPN NO MILSBILLS PROCESSES
506 N AIR COMMANDO WAY
CANNON AFB, NM 88103 5100
United States
OfficeCode:
Bradley Wise Telephone: 575-904-4403 Email: Bradley.Wise.2@us.af.mil
0007 Inspection and Acceptance Location Both Destination Instructions: This will be inspected and accepted at destination, Hangar 4607 Cannon Air Force Base, NM.
DoDAAC: F1L3J2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
27 SOCES CC
AF BPN NO MILSBILLS PROCESSES
506 N AIR COMMANDO WAY
CANNON AFB, NM 88103 5100
United States
OfficeCode:
Bradley Wise Telephone: 575-904-4403 Email: Bradley.Wise.2@us.af.mil
0008 Inspection and Acceptance Location Both Destination
Instructions: This will be inspected and accepted at destination, Hangar 4608 Cannon Air Force Base, NM.
DoDAAC: F1L3J2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
27 SOCES CC
AF BPN NO MILSBILLS PROCESSES
506 N AIR COMMANDO WAY
CANNON AFB, NM 88103 5100
United States
OfficeCode:
Bradley Wise Telephone: 575-904-4403 Email: Bradley.Wise.2@us.af.mil
0009 Inspection and Acceptance Location Both Destination Instructions: This will be inspected and accepted at destination, Hangar 4609 Cannon Air Force Base, NM.
DoDAAC: F1L3J2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
27 SOCES CC
AF BPN NO MILSBILLS PROCESSES
506 N AIR COMMANDO WAY
CANNON AFB, NM 88103 5100
United States
OfficeCode:
Bradley Wise Telephone: 575-904-4403 Email: Bradley.Wise.2@us.af.mil
0010 Inspection and Acceptance Location Both Destination Instructions: This will be inspected and accepted at destination, Hangar 4610 Cannon Air Force Base, NM.
DoDAAC: F1L3J2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
27 SOCES CC
AF BPN NO MILSBILLS PROCESSES
506 N AIR COMMANDO WAY
CANNON AFB, NM 88103 5100
United States
OfficeCode:
Bradley Wise Telephone: 575-904-4403 Email: Bradley.Wise.2@us.af.mil
0011 Inspection and Acceptance Location Both Destination Instructions: This will be inspected and accepted at destination, CV 22 Apron on Cannon Air Force Base, NM.
DoDAAC: F1L3J2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
27 SOCES CC
AF BPN NO MILSBILLS PROCESSES
506 N AIR COMMANDO WAY
CANNON AFB, NM 88103 5100
United States
OfficeCode:
Bradley Wise Telephone: 575-904-4403 Email: Bradley.Wise.2@us.af.mil
Section F - Deliveries or Performance
Delivery Schedule
Period of Performance From
15 JUL 2020
To
16 MAR 2021
Delivery Schedule
Period of Performance From
15 JUL 2020
To
16 MAR 2021
Delivery Schedule
Period of Performance From
15 JUL 2020
To
16 MAR 2021
Delivery Schedule
Period of Performance From
15 JUL 2020
To
16 MAR 2021
Delivery Schedule
Period of Performance From
15 JUL 2020
To
16 MAR 2021
Delivery Schedule
Period of Performance From
15 JUL 2020
To
16 MAR 2021
Delivery Schedule
Period of Performance From
15 JUL 2020
To
16 MAR 2021
Delivery Schedule
Period of Performance From
15 JUL 2020
To
16 MAR 2021
Delivery Schedule
Period of Performance From
15 JUL 2020
To
16 MAR 2021
Delivery Schedule
Period of Performance From
15 JUL 2020
To
16 MAR 2021
Delivery Schedule
Period of Performance From
15 JUL 2020
To
16 MAR 2021
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.247-34 F.o.b. Destination. 1991-11
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.204-7006 Billing Instructions. 2005-10 252.231-7000 Supplemental Cost Principles 1991-12 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.236-7000 Modification Proposals--Price Breakdown 1991-12
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
2 in 1 invoice (no fast pay)
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA4855 Admin DoDAAC FA4855 Inspect By DoDAAC F1L3J2 Ship To Code F1L3J2 Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) F1L3J2 Service Acceptor (DoDAAC) FA4855 Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
Contracting Officer: donald.mills.11@us.af.mil Contract Administrator: Alexandra.Counts@us.af.mil
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
Contract Administrator: Alexandra.Counts@us.af.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section H - Special Contract Requirements
See Attachment 1- Statement of Work for specific Environmental Guidance
Section I - Contract Clauses
52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program.
As prescribed in 19.1508(b), insert the following clause:
Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020)
(a) Definitions. "Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
WOSB Program Repository means a secure, Web-based application that collects, stores, and disseminates documents to the contracting community and SBA, which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program.
(b) Applicability. This clause applies only to-
(1) Contracts that have been set aside for, or awarded on a sole source basis to, WOSB concerns eligible under the WOSB Program;
(2) Part or parts of a multiple-award contract that have been set aside for WOSB concerns eligible under the WOSB Program;
(3) Orders set aside for WOSB concerns eligible under the WOSB Program, under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and
(4) Orders issued directly to WOSB concerns eligible under the WOSB Program under multiple-award contracts as described in 19.504(c)(1)(ii).
(c) General. (1) Offers are solicited only from WOSB concerns eligible under the WOSB Program. Offers received from concerns that are not WOSB concerns eligible under the WOSB program shall not be considered.
(2) Any award resulting from this solicitation will be made to a WOSB concern eligible under the WOSB Program.
(3) The Contracting Officer will ensure that the apparent successful offeror has provided the required documents to the WOSB Program Repository. The contract shall not be awarded until all required documents are received.
(d) Limitations on subcontracting. A WOSB concern eligible under the WOSB Program agrees that in the performance of the contract for-
(1) Services (except construction), the concern will perform at least 50 percent of the cost of the contract incurred for personnel with its own employees;
(2) Supplies or products (other than procurement from a non-manufacturer in such supplies or products), the concern will perform at least 50 percent of the cost of manufacturing the supplies or products (not including the costs of materials);
(3) General construction, the concern will perform at least 15 percent of the cost of the contract with its own employees (not including the costs of materials); and
(4) Construction by special trade contractors, the concern will perform at least 25 percent of the cost of the contract with its own employees (not including cost of materials).
(e) A WOSB concern eligible under the WOSB Program shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (b)(1) and (2) of this clause--
[Contracting Officer check as appropriate.]
_ By the end of the base term of the contract and then by the end of each subsequent option period; or
_ By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.
(f) Joint Venture. A joint venture may be considered a WOSB concern eligible under the WOSB Program if-
(1) It meets the applicable size standard corresponding to the NAICS code assigned to the contract, unless an exception to affiliation applies pursuant to 13 CFR 121.103(h)(3);
(2) The WOSB participant of the joint venture is designated in the System for Award Management as a WOSB concern;
(3) The parties to the joint venture have entered into a written joint venture agreement that contains provisions-
(i) Setting forth the purpose of the joint venture;
(ii) Designating a WOSB concern eligible under the WOSB Program as the managing venturer of the joint venture, and an employee of the managing venturer as the project manager responsible for the performance of the contract;
(iii) Stating that not less than 51 percent of the net profits earned by the joint venture will be distributed to the WOSB;
(iv) Specifying the responsibilities of the parties with regard to contract performance, sources of labor, and negotiation of the WOSB contract; and
(v) Requiring the final original records be retained by the managing venturer upon completion of the WOSB contract performed by the joint venture.
(4) The joint venture must perform the applicable percentage of work required in accordance with paragraph (d) above; and
(5) The procuring activity executes the contract in the name of the WOSB concern eligible under the WOSB Program or joint venture.
(End of clause)
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.202-1 Definitions. 2013-11 52.203-3 Gratuities. 1984-04 52.203-5 Covenant Against Contingent Fees. 2014-05 52.203-6 Alternate I Restrictions on Subcontractor Sales to the Government. 2006-09 52.203-7 Anti-Kickback Procedures. 2014-05 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. 2014-05 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
2007-09
52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.
2014-04
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.
2017-01
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
2015-10
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. 2018-10 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.211-13 Time Extensions. 2000-09 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.214-26 Alternate I Audit and Records-Sealed Bidding. 2010-10
52.214-27 Price Reduction for Defective Certified Cost or Pricing Data-Modifications-Sealed Bidding.
2011-08
52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding. 2010-10 52.214-29 Order of Precedence-Sealed Bidding. 1986-01 52.219-8 Utilization of Small Business Concerns. 2018-10 52.219-14 Limitations on Subcontracting. 2017-01 52.222-3 Convict Labor. 2003-06 52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. 2018-03 52.222-6 Construction Wage Rate Requirements. 2018-08 52.222-7 Withholding of Funds. 2014-05 52.222-8 Payrolls and Basic Records. 2018-08 52.222-9 Apprentices and Trainees. 2005-07 52.222-10 Compliance with Copeland Act Requirements. 1988-02 52.222-11 Subcontracts (Labor Standards). 2014-05 52.222-12 Contract Termination-Debarment. 2014-05 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. 2014-05 52.222-14 Disputes Concerning Labor Standards. 1988-02 52.222-15 Certification of Eligibility. 2014-05 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-27 Affirmative Action Compliance Requirements for Construction. 2015-04 52.222-37 Employment Reports on Veterans. 2016-02 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. 2010-12 52.222-50 Combating Trafficking in Persons. 2019-01 52.222-54 Employment Eligibility Verification. 2015-10 52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 52.223-6 Drug-Free Workplace. 2001-05 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.223-19 Compliance with Environmental Management Systems. 2011-05 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.227-1 Authorization and Consent. 2007-12 52.228-2 Additional Bond Security. 1997-10 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.228-11 Pledges of Assets. 2018-08 52.228-12 Prospective Subcontractor Requests for Bonds. 2014-05 52.228-14 Irrevocable Letter of Credit. 2014-11 52.228-15 Performance and Payment Bonds-Construction. 2010-10 52.229-3 Federal, State, and Local Taxes. 2013-02 52.232-8 Discounts for Prompt Payment. 2002-02 52.232-11 Extras. 1984-04 52.232-17 Interest. 2014-05 52.232-23 Assignment of Claims. 2014-05 52.232-27 Prompt Payment for Construction Contracts. 2017-01 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12
52.233-1 Disputes. 2014-05 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.236-2 Differing Site Conditions. 1984-04 52.236-3 Site Investigation and Conditions Affecting the Work. 1984-04 52.236-5 Material and Workmanship. 1984-04 52.236-6 Superintendence by the Contractor. 1984-04 52.236-7 Permits and Responsibilities. 1991-11 52.236-8 Other Contracts. 1984-04
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.
1984-04
52.236-10 Operations and Storage Areas. 1984-04 52.236-11 Use and Possession Prior to Completion. 1984-04 52.236-12 Cleaning Up. 1984-04 52.236-13 Accident Prevention. 1991-11 52.236-15 Schedules for Construction Contracts. 1984-04 52.236-17 Layout of Work. 1984-04 52.236-21 Specifications and Drawings for Construction. 1997-02 52.236-26 Preconstruction Conference. 1995-02 52.242-13 Bankruptcy. 1995-07 52.242-14 Suspension of Work. 1984-04 52.243-4 Changes. 2007-06 52.243-6 Change Order Accounting. 1984-04 52.246-21 Warranty of Construction. 1994-03 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 52.249-2 Alternate I Termination for Convenience of the Government (Fixed-Price). 2012-04 52.249-10 Default (Fixed-Price Construction). 1984-04 52.253-1 Computer Generated Forms. 1991-01
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09
252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.
2008-12
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7000 Disclosure of Information 2016-10 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
2019-05
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7048 Export-Controlled Items. 2013-06
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
2019-04
252.232-7010 Levies on Contract Payments. 2006-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. 2010-10
AFFARS Clauses Incorporated by Reference
Number Title Effective Date 5352.223-9001 Health and Safety on Government Installations 11/1/2012
FAR Clauses Incorporated by Full Text
52.204-1 Approval of Contract. 1989-12
As prescribed in 4.103 , insert the following clause:
Approval of Contract (Dec 1989)
This contract is subject to the written approval of Mr. Donald Mills and shall not be binding until so approved.
(End of clause)
52.204-21 Basic Safeguarding of Covered Contractor Information Systems. 2016-06
As prescribed in , insert the following clause:4.1903
BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
. As used in this clause-(a) Definitions
"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
"Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.
"Information" means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
"Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
"Safeguarding" means measures or controls that are prescribed to protect information systems.
Safeguarding requirements and procedures.(b)
The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information (1) systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other (i) information systems).
Limit information system access to the types of transactions and functions that authorized users are permitted to execute.(ii)
Verify and control/limit connections to and use of external information systems.(iii)
Control information posted or processed on publicly accessible information systems.(iv)
Identify information system users, processes acting on behalf of users, or devices.(v)
Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational (vi) information systems.
Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.(vii)
Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized (viii) individuals.
Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.(ix)
Monitor, control, and protect organizational communications ( ., information transmitted or received by organizational information (x) i.e systems) at the external boundaries and key internal boundaries of the information systems.
Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.(xi)
Identify, report, and correct information and information system flaws in a timely manner.(xii)
Provide protection from malicious code at appropriate locations within organizational information systems.(xiii)
Update malicious code protection mechanisms when new releases are available.(xiv)
Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, (xv) or executed.
This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal (2) Other requirements.
agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (c) Subcontracts.
(including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02
As prescribed in 9.104-7 (d), insert the following provision:
Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)
(a)As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that-
(1)It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2)It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
52.211-10 Commencement, Prosecution, and Completion of Work. 1984-04
As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.
Commencement, Prosecution, and Completion of Work (Apr 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 244 calendar days after commencement of work. The time stated for completion shall include final cleanup of the premises.
52.211-12 Liquidated Damages-Construction. 2000-09
As prescribed in 11.503(b), insert the following clause in solicitations and contracts:
Liquidated Damages-Construction (Sept 2000)
(a)If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $261.15 for each calendar day of delay until the work is completed or accepted.
(b)If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(End of clause)
52.219-28 Post-Award Small Business Program Rerepresentation. 2013-07
As prescribed in 19.309(c), insert the following clause:
Post-Award Small Business Program Rerepresentation (Jul 2013)
(a) Definitions. As used in this clause-
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that 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 bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) 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.
(b)If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this 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 that the data have been validated or updated, and provide the date of the validation or update.
(f)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 required to, take the actions required by paragraphs (e) or (g) of this clause.
(g)If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code 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 ____.
[Contractor to sign and date and insert authorized signer's name and title].
(End of clause)
52.222-26 Equal Opportunity. 2016-09
As prescribed in , insert the following clause:22.810(e)
EQUAL OPPORTUNITY (SEPT 2016)
. As used in this clause.(a) Definition
"Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.
"Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.
"Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-
The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or(1)
The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including (2) compensation information.
"Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
"Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
"United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.
Virgin Islands, and Wake Island.
(b) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded (1) nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.
If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply (2) with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41
CFR 60-1.5).
(c) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual (1) orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5.
The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, (2) without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to-
Employment;(i)
Upgrading;(ii)
Demotion;(iii)
Transfer;(iv)
Recruitment or recruitment advertising;(v)
Layoff or termination;(vi)
Rates of pay or other forms of compensation; and(vii)
Selection for training, including apprenticeship.(viii)
The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the (3) Contracting Officer that explain this clause.
The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified (4) applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(5) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because (i) such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the
Contractor's legal duty to furnish information.
The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by (ii) the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by-
Incorporation into existing employee manuals or handbooks; and(A)
Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for (B) employment.
The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other (6) contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places…
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