Solicitation - FA487720Q0015.pdf
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- Attached to
- Site Support for AMARG Tension Fabric #3-6 Federal contract opportunity
- Solicitation number
- FA487720Q0015
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Solicitation Amendment FA487720Q00150001 SF 30 (3).pdf | ||
| AF Form 3052 (Blank) 14 May 20.xlsx | XLSX spreadsheet | |
| Signin sheet.pdf | ||
| 10 - Canvas storage bldg.pdf | ||
| 02 - Project Specifications.pdf | ||
| 04 - Schedule of Items (Blank).docx | DOCX document | |
| 08 - Tension Fabric Shelter New Site Photos.pdf | ||
| 03 - WD AZ20200018.docx | DOCX document | |
| 06 - AF Form 3052 (Blank).xlsx | XLSX spreadsheet | |
| 12 - Utilities Map.pdf | ||
| 11 - Solicitation Notes.docx | DOCX document | |
| 09 - GFP Rock Stockpiles Photos.pdf | ||
| 05 - GFP Rock piles.pdf | ||
| 07 - Tension Fabric Shelter Existing Photos.pdf | ||
| 01 - Project Drawings.pdf | ||
| 06 - New Shelter Site(s) Aerial.png | PNG image |
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Text version
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE
15. DATE OF QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
b. TELEPHONE
AREA CODE
NUMBER
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
8. TO:
b. COMPANYa. NAME
c. STREET ADDRESS
d. CITY e. STATE f. ZIP CODE
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
c. CITY
d. STATE e. ZIP CODE
7. DELIVERY
FOB DESTINATION
OTHER
(See Schedule)
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)
IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
ITEM NO.
(a)
SUPPLIES/ SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER
a. NAME OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
PAGE OF PAGES
1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
RATING
5a. ISSUED BY 6. DELIVER BY (Date)
5b. FOR INFORMATION CALL (NO COLLECT CALLS)
NAME TELEPHONE NUMBER
AREA CODE NUMBER
FA487720Q0015
Section A - Solicitation/Contract Form
Section B - Supplies or Services and Prices/Cost
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Contractor shall furnish all construction labor, equipment, appliance, and materials and perform all operations necessary in connection with Site Support for AMARG Tension Fabric Structures #3 - 6, at Davis- Monthan AFB, AZ, in strict accordance with the attached Project Specifications FBNV 20-0009 dated 2 Mar 20, 68 pages subject to the terms and conditions of the Contract Documents.
Firm Fixed Price
CIN: F1PT7A0071A0010000AA
1.0 Lot
Contractor shall furnish all repair labor, equipment, appliance, and materials and perform all operations necessary in connection with Site Support for AMARG Tension Fabric Structures #1-2, IAW Project Specifications para 1.1.3.12, 1.1.3.13, and 1.1.3.14 at Davis-Monthan AFB, AZ, in strict accordance with Project FBNV 20-0009 subject to the terms and conditions of the Contract Documents.
Firm Fixed Price
1.0 Lot
Section C - Description/Specifications/Statement of Work
Requirements Project Title: Site Support for AMARG Tension Fabrics Note 1. The project is set-aside 100% for small business Note 2. A site visit is schedule for May 13, 2020. Note 3. Performance period 170 calendar days after receipt of notice to proceed, see page 42. Contractor to furnish all labor, equipment, appliance and materials and perform all operations in connection with Site Support for AMARG Tension Fabric Structures #3 - 6 at Davis- Monthan AFB, Arizona, in strict accordance with these specifications. *** DUE TO CONVID 19 SITE VISITS ARE BEING CONDUCTED BY APPOINTMENT ONLY*** ***Be advised only two (2) representatives per contractor will be allowed access, and only two (2) Businesses per visit*** 6 May 2020 (1400) Arizona Local Time - Site Visit Required Information Due 13 May 2020 (0900) Arizona Local Time - Site Visit 13 May 2020 (1300) Arizona Local Time - Site Visit 13 May 2020 (1500) Arizona Local Time - Site Visit 14 May 2020 (0900) Arizona Local Time - Site Visit 14 May 2020 (1300) Arizona Local Time - Site Visit 14 May 2020 (1500) Arizona Local Time - Site Visit 21 May 2020 (1400) Arizona Local Time - All Questions Due 28 May 2020 (1400) Arizona Local Time - Answers to Questions 4 June 2020 (1400) Arizona Local Time - Quotes Due Any person wanting to attend this site visit SHALL RSVP by contacting David Velarde at david.velarde@us.af.
mil, or 520-228-4185 by 6 May 2020 by 1400, Arizona Local Time, to schedule a time to attend the site. The following information about the individuals who wish to attend the site visit will be needed to gain access to the base and AMARG: Name of Person requesting access (Last Name, First Name, Middle Initial) Company Name Date of Birth Country of Citizenship Driverss License Number and State Social Security Number
Section D - Packaging and Marking
Section E - Inspection and Acceptance
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.246-12 Inspection of Construction. 1996-08
Authorized Accepting Official
Acceptance Destination Instructions: WAWF invoice acceptor
DoDAAC: FA4877 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
FA4877 355 CONS PK
CP 520 228 3131
3180 S CRAYCROFT RD BLDG 2525
DAVIS MONTHAN
AFB, AZ 85707 3522
United States
OfficeCode:
David Harrison Telephone: 520-2284673 Email:
Inspection Location Inspection Destination Instructions: Inspector only
DoDAAC: F1PT7A Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
AMARC FMA
AF BPN NO MILSBILLS
PROCESSES
4860 S SUPERIOR AVE
DAVIS MONTHAN AFB, AZ 85707
United States
OfficeCode:
Renee Reigert Telephone: 520-228-8999 Email:
Section F - Deliveries or Performance
Contractor Destination
Delivery Schedule Ship To Address
Delivery Schedule From date of lead time event to completion of performance 170 Calendar Days Date of Notice to Proceed Receipt
Service Performance Site DoDAAC: F1PT7A Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
AMARC FMA
AF BPN NO MILSBILLS PROCESSES
4860 S SUPERIOR AVE
DAVIS MONTHAN AFB, AZ 85707
United States
OfficeCode:
Renee Riegert Telephone: 520-228-8999 Email:
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 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):
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 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 F67100 Issue By DoDAAC FA4877 Admin DoDAAC FA4877 Inspect By DoDAAC F1PT7A Ship To Code F1PT7A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) FA4877 Service Acceptor (DoDAAC) FA4877 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the Send Additional Email Notifications field of WAWF once a document is submitted in the system.
david.velarde@us.af.mil david.harrison.2@us.af.mil
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
david.velarde@us.af.mil
(Contracting Officer: Insert applicable information or "Not applicable.")
(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
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.202-1 Definitions. 2013-11 52.203-6 Restrictions on Subcontractor Sales to the Government. 2006-09 52.203-7 Anti-Kickback Procedures. 2014-05 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. 2014-05 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05
52.203-11 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
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-7 System for Award Management. 2018-10 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 52.204-13 System for Award Management Maintenance. 2018-10 52.204-16 Commercial and Government Entity Code Reporting. 2016-07
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
2018-07
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
2015-10
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items). 2020-01 52.219-6 Notice of Total Small Business Set-Aside. 2011-11 52.219-13 Notice of Set-Aside of Orders. 2011-11 52.219-14 Limitations on Subcontracting. 2017-01 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 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01 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 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 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 52.232-17 Interest. 2014-05 52.232-23 Assignment of Claims. 2014-05 52.232-27 Prompt Payment for Construction Contracts. 2017-01 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 52.236-21 Specifications and Drawings for Construction. 1997-02 52.236-26 Preconstruction Conference. 1995-02 52.242-14 Suspension of Work. 1984-04 52.243-1 Alternate I Changes-Fixed-Price. 1987-08 52.243-5 Changes and Changed Conditions. 1984-04 52.244-6 Subcontracts for Commercial Items. 2019-08 52.245-1 Government Property. 2017-01 52.246-21 Warranty of Construction. 1994-03 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). 1984-04 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 52.249-4 Termination for Convenience of the Government (Services) (Short Form). 1984-04 52.249-10 Default (Fixed-Price Construction). 1984-04 52.251-1 Government Supply Sources. 2012-04
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09
252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.
2008-12
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7008 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
252.223-7004 Drug-Free Work Force. 1988-09 252.223-7006 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. 2017-12 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 252.225-7048 Export-Controlled Items. 2013-06 252.232-7010 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
FAR Clauses Incorporated by Full Text
52.204-1 Approval of Contract. 1989-12
As prescribed in , insert the following clause:4.103
APPROVAL OF CONTRACT (DEC 1989)
This contract is subject to the written approval of [ ] and shall not be binding until so approved.____ identify title of designated agency official here
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
2019-08
As prescribed in 4.2105(b), insert the following clause:
PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (AUG 2019)
As used in this clause-(a) Definitions.
"Covered foreign country" means The People's Republic of China.
"Covered telecommunications equipment or services" means-
Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such (1) entities);
For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other (2) national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
Telecommunications or video surveillance services provided by such entities or using such equipment; or(3)
Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in (4) consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
"Critical technology" means-
Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms (1) Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under (2) subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, (i) nuclear nonproliferation, or missile technology; or
For reasons relating to regional stability or surreptitious listening;(ii)
Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of (3) title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of (4) nuclear equipment and material);
Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title (5) 42 of such Code; or
Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. (6) 4817).
"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.
Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) (b) Prohibition.
prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.
This clause does not prohibit contractors from providing-(c) Exceptions.
A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or(1)
Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such (2) equipment transmits or otherwise handles.
Reporting requirement. (d) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or (1) essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting
Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the
Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause(2)
Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; (i) supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about (ii) mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual (e) Subcontracts.
instruments, including subcontracts for the acquisition of commercial items.
(End of clause)
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02
As prescribed in (d), insert the following provision:9.104-7
REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY
FEDERAL LAW (FEB 2016)
As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), (a) and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-
Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or (1) 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
Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is (2) 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.
The Offeror represents that-(b)
It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative (1) 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
It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.(2)
(End of provision)
52.219-28 Post-Award Small Business Program Rerepresentation. 2013-07
As prescribed in , insert the following clause:19.309(c)
POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)
. 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.
means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of Small business concern 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.
If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size (b) status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the (1) novation agreement was executed prior to inclusion of this clause in the contract.
Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to (2) include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
For long-term contracts-(3)
Within 60 to 120 days prior to the end of the fifth year of the contract; and(i)
Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.(ii)
The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that (c) 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.
The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a (d) construction or service contract, is 500 employees.
Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by (e) 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.
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 (f) required to, take the actions required by paragraphs (e) or (g) of this clause.
If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code (g) 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 available to employees and applicants for employment.
The Contractor shall comply with Executive Order11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.(7)
The Contractor shall furnish to the contracting agency all information required by Executive Order11246, as amended, and by the rules, (8) regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41 CFR Part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.
The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the (9) purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order11246, as amended, and rules and regulations that implement the Executive Order.
If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of (10) Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.
The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the (11) rules, regulations, or orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.
The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a (12) means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.(d)
(End of clause)
52.222-35 Equal Opportunity for Veterans. 2015-10
As prescribed in , insert the following clause:22.1310(a)(1)
EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
. As used in this clause-(a) Definitions
"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.
Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of (b) March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, (c) or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of clause)
52.222-36 Equal Opportunity for Workers with Disabilities. 2014-07
As prescribed in , insert the following clause:22.1408(a)
EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)
Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of (a) March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless (b) exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of clause)
52.225-9 Buy American-Construction Materials. 2014-05
As prescribed in , insert the following clause:25.1102(a)
BUY AMERICAN-CONSTRUCTION MATERIALS (MAY 2014)
. As used in this clause-(a) Definitions
"Commercially available off-the-shelf (COTS) item"-
Means any item of supply (including construction material) that is-(1)
A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);(i)
Sold in substantial quantities in the commercial marketplace; and(ii)
Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in (iii) the commercial marketplace; and
Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.(2)
"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.
However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
"Cost of components means"-
For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the (1) construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation (2) costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
"Domestic construction material" means-
An unmanufactured construction material mined or produced in the United States;(1)
A construction material manufactured in the United States, if-(2)
The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its (i) components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
The construction material is a COTS item.(ii)
"Foreign construction material" means a construction material other than a domestic construction material.
"United States" means the 50 States, the District of Columbia, and outlying areas.
Domestic preference. (b) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction (1) material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item.
(See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)
(2) and (b)(3) of this clause.
This requirement does not apply to information technology that is a commercial item or to the construction materials or components (2) listed by the Government as follows:
N/A
[ ]Contracting Officer to list applicable excepted materials or indicate "none"
The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government (3) determines that-
The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to (i) the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
The application of the restriction of the Buy American statute to a particular construction material would be impracticable or (ii) inconsistent with the public interest; or
The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available (iii) commercial quantities of a satisfactory quality.
Request for determination of inapplicability of the Buy American statute. (c) (1) Any Contractor request to use foreign construction material (i) in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-
A description of the foreign and domestic construction materials;(A)
Unit of measure;(B)
Quantity;(C)
Price;(D)
Time of delivery or availability;(E)
Location of the construction project;(F)
Name and address of the proposed supplier; and(G)
A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this (H) clause.
A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the (ii) format in paragraph (d) of this clause.
The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a (iii) duty-free certificate may be issued).
Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably (iv) foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and (2) the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.
However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is (3) noncompliant with the Buy American statute.
. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the (d) Data following information and any applicable supporting data based on the survey of suppliers:List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]
[ ]Include other applicable supporting information.
[ ]* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).
52.232-5 Payments under Fixed-Price Construction Contracts. 2014-05
As prescribed in , insert the following clause:32.111(a)(5)
PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)
. The Government shall pay the Contractor the contract price as provided in this contract.(a) Payment of price
. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as (b) Progress payments determined by the Contracting Officer, on estimates…
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