Solicitation - FA568224R0007.pdf
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- Solicitation number
- FA568224R0007
About this file
This document is a solicitation for a construction project to repair electrical medium voltage substations in the flightline loop at Aviano Air Base in Italy. The project is classified as between $1,000,000 and $5,000,000 in magnitude. The scope of work includes all labor, equipment, materials, transportation, supervision, and any other necessary work to complete the project on a lump sum basis. The government estimates for quantities are not guaranteed, and the offeror is responsible for calculating and performing all work necessary to deliver a complete project. An organized site visit is scheduled, and the solicitation requires offerors to have an active System for Award Management (SAM) registration. All work must comply with Italian labor laws and safety requirements. The solicitation provides instructions for submitting proposals, including due dates, and details the government's intent to award a contract to the responsible offeror whose proposal represents the best value.
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Other files
| File | Type | Posted |
|---|---|---|
| Solicitation Amendment FA568224R00070001 SF 30.pdf | ||
| ASHE 20-1068A CCEB Revision 1.xls | XLS spreadsheet | |
| AVIANO MASTERSPECS 2020.pdf | ||
| ASHE20-1068A_TECH_SPECS_REV.1.pdf |
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SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR
INFORMATION CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
SOLICITATION
1. SOLICITATION NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
CODE
6. PROJECT NUMBER
8. ADDRESS OFFER TO
4. CONTRACT NUMBER
7. ISSUED BY
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and
b. An offer guarantee
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
STANDARD FORM 1442 (REV. 12/2022)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
is, is not required.
local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.
calendar days and complete it within calendar days after receiving
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
12b. CALENDAR DAYS
2. TYPE OF SOLICITATION
SEALED BID (IFB)
INVITATION FOR BID
NEGOTIATED (RFP)
REQUEST FOR PROPOSAL
3. DATE ISSUED PAGE OF PAGES
AWARD (To be completed by Government)
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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
OFFER (Must be fully completed by offeror)
AMOUNTS
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
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
CODE FACILITY CODE
15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
21. ITEMS ACCEPTED:
22. AMOUNT
26. ADMINISTERED BY
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31c. DATE
STANDARD FORM 1442 (REV. 12/2022) BACK
31b. UNITED STATES OF AMERICA
BY
31a. NAME OF CONTRACTING OFFICER (Type or print)
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.
30b. SIGNATURE 30c. DATE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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.
copies to issuing office.) Contractor agrees to furnish
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
23. ACCOUNTING AND APPROPRIATION DATA
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES
CODE AT
27. PAYMENT WILL BE MADE BY
10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )
20b. SIGNATURE 20c. OFFER DATE
Section A - Solicitation/Contract Form
PROJECT ASHE 20-1068A REPAIR ELECTRICAL MEDIUM VOLTAGE SUBSTATIONS IN FLIGHLINE
LOOP
Product Service Code: Z2NZ
FA568224R0007
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
- ALL QUANTITIES INDICATED IN THE PROJECT DOCUMENTS FURNISHED BY THE GOVERNMENT, INCLUDING THE CONSTRUCTION COST BREAKDOWN, ARE ESTIMATES ANDTHE GOVERNMENT SHALL NOT BE HELD RESPONSIBLE FOR THE ACCURACY OF THEESTIMATED QUANTITIES. THE CONTRACT SHALL REQUIRE A COMPLETED PROJECT ON ALUMP SUM BASIS.
IT IS THE RESPONSIBILITY OF THE OFFEROR TO CALCULATE, FORESEE ANDPERFORM ALL QUANTITIES OF WORK
MANIFESTLY NECESSARY TO DELIVER A COMPLETEPROJECT BASED ON ITS OVERALL SCOPE.
- THE CONTRACTOR SHALL BE IN POSSESSION OF A CURRENT SOA THROUGHOUT THE ENTIREPERFORMANCE OF THE
CONTRACT
Item Supplies/Service Quantity Unit Unit Price Amount
THE CONTRACTOR SHALL FURNISH ALL
LABOR, EQUIPMENT, MATERIALS,
TRANSPORTATION, SUPERVISION AND ANY
OTHER NECESSARY WORK TO ACCOMPLISH
THE PROJECT HEREIN LISTED AT THE
PRICE STATED BELOW AND STRICTLY IN
ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THIS CONTRACT
INCLUDING THE FOLLOWING ATTACHED
DOCUMENTS LISTED IN SECTION J HEREIN
Product Service Code: Z1JZ Pricing Arrangement: Firm Fixed Price
1 Lot
Section C - Description/Specifications/Statement of Work
Requirements
1. SEE SECTION J FOR APPLICABLE DOCUMENTS IDENTIFYING NUMBER AND DATE;
2. SEE SECTION L FAR PROVISION 52.236-27 ALT 1 FOR SITE VISIT, TIME AND PLACE OFCONVENING;
3. THE MAGNITUDE OF THIS PROJECT IS BETWEEN $1,000,000 AND $5,000,000.
NOTICE:
ALL QUANTITIES INDICATED IN THE PROJECT DOCUMENTS FURNISHED BY THEGOVERNMENT, INCLUDING THE CONSTRUCTION COST BREAKDOWN, ARE ESTIMATES ANDTHE GOVERNMENT SHALL NOT BE HELD RESPONSIBLE FOR THE ACCURACY OF THEESTIMATED QUANTITIES.THE CONTRACT SHALL REQUIRE A COMPLETED PROJECT ON A LUMP SUM BASIS.
IT IS THE RESPONSIBILITY OF THE OFFEROR TO CALCULATE, FORESEE AND PERFORM ALLQUANTITIES OF WORK MANIFESTLY NECESSARY TO DELIVER A COMPLETE PROJECT BASEDON ITS OVERALL SCOPE.THE CONTRACTOR SHALL BE IN POSSESSION OF A CURRENT SOA OG 10 THROUGHOUT THEENTIRE PERFORMANCE OF THE CONTRACT.ALL PROJECT WORK
SHALL BE PERFORMED IN COMPLIANCE WITH HOST NATION LAW D.LGS.81/2008.
Address proposal to:
UFFICIO CONTRATTI, 31 CONS/PKC
BASE AEREA DI AVIANO, AREA E, EDIFICIO 600
VIA PORDENONE 89/B33081 AVIANO (PN)
Requirements
PROJECT ASHE 20-1068A REPAIR ELECTRICAL MEDIUM VOLTAGE SUBSTATIONS IN FLIGHLINE
LOOP
Section D - Packaging and Marking
Section E - Inspection and Acceptance
FAR Clauses Incorporated by Reference
Number Title Effective Date Alternate/Deviation Variation Effective Date
52.246-12 Inspection of Construction. Aug 1996
DFARS Clauses Incorporated by Full Text
252.229-7003 Tax Exemptions (Italy). (Mar 2012)
As prescribed in 229.402-70(c)(1), use the following clause:
TAX EXEMPTIONS ( ITALY ) (MAR 2012)
(a) As the Contractor represented in its offer, the contract price, including the prices in subcontracts awarded under this contract, does not include taxes from which the United States Government is exempt.
(b) The United States Government is exempt from payment of Imposta Valore Aggiunto (IVA) tax in accordance with Article 72 of the IVA implementing decree on all supplies and services sold to United States Military Commands in Italy .
(1) The Contractor shall include the following information on invoices submitted to the United States Government:
(i) The contract number.
(ii) The IVA tax exemption claimed pursuant to Article 72 of Decree Law 633, dated October 26, 1972 .
(iii) The following fiscal code(s): 91000190933
(2)(i) Upon receipt of the invoice, the paying office will include the following certification on one copy of the invoice:
"I certify that this invoice is true and correct and reflects expenditures made in Italy for the Common Defense by the United States Government pursuant to international agreements. The amount to be paid does not include the IVA tax, because this transaction is not subject to the tax in accordance with Article 72 of Decree Law 633, dated October 26, 1972 ."
An authorized United States Government official will sign the copy of the invoice containing this certification.
(ii) The paying office will return the certified copy together with payment to the Contractor. The payment will not include the amount of the IVA tax.
(iii) The Contractor shall retain the certified copy to substantiate non-payment of the IVA tax.
(3) The Contractor may address questions regarding the IVA tax to the Ministry of Finance, IVA Office, Rome (06) 520741.
(c) In addition to the IVA tax, purchases by the United States Forces in Italy are exempt from the following taxes:
(1) Imposta di Fabbricazione (Production Tax for Petroleum Products).
(2) Imposta di Consumo (Consumption Tax for Electrical Power).
(3) Dazi Doganali (Customs Duties).
(4) Tassa di Sbarco e d'Imbarco sulle Merci Transportate per Via Aerea e per Via Maritima (Port Fees).
(5) Tassa de Circolazione sui Veicoli (Vehicle Circulation Tax).
(6) Imposta di Registro (Registration Tax).
(7) Imposta di Bollo (Stamp Tax).
(End of clause)
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location Both Other Instructions: INSPECTION AND ACCEPTANCE WILL BE PERFORMED BY 31CES/CENM AFTER WORK COMPLETION.
DoDAAC: F1F3A2 CountryCode: USA
31 CES ENGINEER
AF BPN NO MILSBILLS PROCESSES, UNIT 6110 BOX 14
APO, AE 09604-3014
UNITED STATES
Alexia Sanders Email: alexia.sanders.1@us.af.mil Telephone: +39 0434 30 5806
Section F - Deliveries or Performance
FAR Clauses Incorporated by Text
52.211-10 Commencement, Prosecution, and Completion of Work. (Apr 1984)
The Contractor shall be required to
(a) commence work under this contract within 30 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 790 Calendar Days. The time stated for completion shall include final cleanup of the premises.
(End of clause)
Overall Contract Delivery Period
From date of lead time event to beginning of performance 30 Calendar Days Date of Notice to Proceed Receipt
From date of lead time event to completion of performance 790 Calendar Days Date of Notice to Proceed Receipt
52.211-12 Liquidated Damages-Construction.
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 $290.71 for the first day calendar day and $204.27 for each subsequent calendar day of delay until the work is completed or accepted 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)
Overall Contract Delivery Period
Delivery Requested By Delivery Date 22 Feb 2024
From date of lead time event to beginning of performance 30 Calendar Days Date of Notice to Proceed Receipt
From date of lead time event to completion of performance 790 Calendar Days Date of Notice to Proceed Receipt
Line Item Delivery Schedule Quantity Address and POC
Delivery Requested By Delivery Date 22 Feb
1 Lot Ship To DoDAAC: F1F3A2
USAF:31 CES ENGINEER
31 CES ENGINEER AF BPN NO MILSBILLS PROCESSES UNIT 6110 BOX 14
APO AE 09604-3014
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.
WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
CONSTRUCTION INVOICE
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
NOT APPLICABLE
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.
when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC F87700
Issue By DoDAAC FA5682
Admin DoDAAC FA5682
Inspect By DoDAAC F1F3A2
Ship To Code N/A
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) N/A
Service Acceptor (DoDAAC) F1F3A2
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
nerella.mazzolo.it@us.af.mil ; alexia.sanders.1@us.af.mil ; jessica.cuccagna.it@us.af.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section H - Special Contract Requirements
ADDITIONAL REQUIREMENTS
NON WORK DAYS
1. Unless otherwise approved by the Contracting Officer, work shall not be performed at the on base site of work on the following U.S. or Italian holidays (including other base closure days).
2. Regular working days as used herein mean Monday through Friday, from 0800 to 1700 hrs, of each week with exception of established Italian or American holidays or any other day proclaimed an official holiday by either Government.
Italian Holidays:
1 January New Year's Day 6 January Epiphany Easter Monday Monday following Easter 12 April Aviano Patron's Day 25 April Liberation Day 1 May Labor Day 2 June Republic Day 15 August Assumption Day 1 November All Saints' Day 8 December Immaculate Conception 25 December Christmas Day 26 December St. Stephen's Day
U.S. Holidays:
1 January * New Year's Day 3rd Monday in January Martin Luther King's Birthday 3rd Monday in February Washington's Birthday Last Monday in May Memorial Day 19 June*Juneteenth 4th of July* Independence Day 1st Monday in September Labor Day 2nd Monday in October Columbus Day 11 November * Veteran's Day 4th Thursday in November Thanksgiving Day 25 December* Christmas Day
*When the holiday is on a Saturday, the preceding Friday will be the U.S. holiday. When the holiday is on a Sunday, the following Monday will be a U.S. holiday. If delivery is scheduled for a proclaimed holiday, delivery will be made on the next normal workday.
OBSERVANCE OF HOST COUNTRY SOCIAL CONTRIBUTION LABOR LAW
(a) The Contractor throughout the life of this contract shall scrupulously observe the requirements of Italian Law regarding the payment of social contributions for Italian national employees as well as the similar laws/directives for all legally employed workers. The contractor shall require subcontractors at all tiers to also comply with the payment requirements of this law and those of the European Community member nations. The Contractor shall on a yearly basis, provide copies of the certifications (DURC) issued by the appropriate host nation authority attesting compliance with regular payment requirements of this law and/or corresponding documentation issued for employees that are citizens of other European Community member countries. The certifications shall be provided any time a new employee or subcontractor performs work under this contract or upon expiration of any previously provided certifications. Failure of the Contractor to strictly observe this special contract requirement shall be sufficient reason for the U.S. Government to terminate this contract for Cause.
(b) The contractor shall be responsible for complying with any and all Italian labor laws, relations and standards in effect or which shall come into effect during the term of this contract. Such compliance shall pertain to: hours of work, wages, salaries, working conditions, labor relations (including collective bargaining, union agreements etc.), particular workmen's compensation, social security contributions for all categories of dependents and professionals.
The Contractor and all subcontractors are required to adhere with all safety laws in effect (I.L. 626, Legislative Decree 9 April 2008, n. 81) and that may come into effect of the Italian Government. The Contracting Officer reserves the right to suspend work until such time as adherence to the laws is assured and to remove from the work site any worker found to ignore required safety practices. Such suspensions of work or removal of employees shall be at no cost to the Government. Failure by the contractor to correct deficiencies in reasonable time shall be cause for Termination for Default.
(c) Furthermore the contractor shall safeguard his firm with additional insurance against the risks of monetary recovery by Italian authorities and workers for accidents, injuries or deaths which are imputable to the contractor for failure to observe required safety practices and/or any requirement of paragraph a. above.
(d) The contractor shall be totally responsible and shall save harmless the U.S. Government from any and all disputes, claims, or grievance initiated by employees or third parties because of failure to comply with this special contract requirement.
(e) Construction contractors shall be responsible for written notification to the local labor benefits office of sitework initiation under this contract and shall produce copy of such notice to the Contracting Officer.
(f) With each base pass request the Contractor shall furnish the health insurance and labor benefits employee number.
(g) With signature of the offer the contractor warrants that the proposed price(s) include all costs in effect or which shall come into effect during the term of the contract for compliance with this contract requirement and also for all responsibilities and risks as indicated herein.
EFT PAYMENT INFORMATION
Information will be indicated when processing each invoice in WAWF
INSURANCE AMOUNTS
Pursuant to contract clause 52.228-5, Insurance-Work on a Government Installation, the following are the kinds and minimum amounts of insurance that are required for performance of this contract.
Employee and third party bodily injury (in addition to the mandatory contractor's country social insurance).
(i) : EURO 1,000,000.00 Per Person Per Occurrence: EURO 5,000,000.00
(ii) Third Party Property Damages Per Occurrence: EURO 1,500,000.00 Vehicle Liability Insurance in accordance with the mandatory requirements of the contractor's country and those of the European Common Market for work outside of the contractor's country. Insurance policies may be denominated in other than currency of the contractor's country provided the amount is equivalent to those stated above and the insurance policies are valid in the country where work is to be performed.
PREPARATION OF MATERIAL APPROVAL SUBMITTALS
The submittals contemplated by the clause entitled "Material and Workmanship" shall be accomplished on and in accordance with the instructions pertaining to AF Form 3000, Material Approval Submittal.
PREPARATION OF PROGRESS SCHEDULES AND REPORTS
The reports contemplated by the clause herein entitled: "Schedules for Construction Contracts" shall be accomplished on and in accordance with the instructions pertaining to AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report.
USE OF DRAWINGS, MAPS, SITE PLANS AND OTHER DOCUMENTS
(Applicable to Section K of the Solicitation)
a. For purposes of this certification drawings, maps, site plans and other documents shall be referred to as the "documents".
b. The Offeror certifies that he understands and shall observe the following instructions concerning the "documents" furnished by the government including those developed by him if required by the scope of the eventual contract:
The "documents" shall not be:
(1) reproduced in whole or in part without the written consent of the Contracting Officer prior to award of the contract.
(2) released to third party personnel or subcontractors without the written consent of the Contracting Officer. For purposes of obtaining written consent, the Contractor shall provide the Contracting Officer the name of the firms who require the "documents" and the contents to be released.
(3) reproduced in whole or in part after contract award, without the written consent of the Contracting Officer. The request for approval shall contain a list of "documents" that require reproduction, the number of copies and to whom they will be distributed.(4) retained by the Contractor after contract completion without the approval of the Contracting Officer.
NAME OF OFFEROR: _________________________________________________________
SIGNATURE: ________________________________________________________________
NAME AND TITLE OF SIGNER: _________________________________________________
NON APPLICABILITY OF ITALIAN CIVIL CODE
(Applicable to Section K of the Solicitation)
The undersigned contractor, having seen and completely knowledgeable of the contents of the solicitation and eventual contract, in all of its parts, hereby renounces to any and all rights afforded to him by article 1341 of the Italian Civil Code with respect to the provisions and clauses of this contract and Italian Civil Code articles 1664,1467 and 1673. The renouncement is made on his own free will without having received influence of any kind, from any third parties, including the contracting officer. The contractual price includes adequate monetary compensation for this renouncement.
I hereby certify to have read and understood all terms, conditions and clauses of this contract and hereby approve them in their entirety.
NAME OF CONTRACTOR: _______________________________________________________
POSITION OF AGENT: __________________________________________________________
SIGNATURE OF AGENT: ________________________________________________________
52.246-21 Warranty of Construction (Mar 1994)
Change all references to 1 year to read 2 years
52.228-15 Performance Payment Bonds - Construction (Jun 2020)
Para (b) (1) replace 100 percent with 10 percent
Para (b) (2) NOT APPLICABLE
Para (b)(3) (i) replace 100 percent with 10 percent
Duration of the performance bond shall include any extension to the performance period and 2 year warranty after acceptance of the work.
Section I - Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date Alternate/Deviation Variation Effective Date
52.214-34 Submission of Offers in the English Language. Apr 1991
52.236-28 Preparation of Proposals-Construction. Oct 1997 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. Sep 2007 52.203-17 Contractor Employee Whistleblower Rights. Nov 2023 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.225-14 Inconsistency between English Version and Translation of Contract. Feb 2000 52.228-2 Additional Bond Security. Oct 1997 52.228-5 Insurance-Work on a Government Installation. Jan 1997
52.233-1 Disputes. (Alternate I) May 2014 Alternate I Dec 1991 52.253-1 Computer Generated Forms. (Jan 1991) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021 52.249-2 Termination for Convenience of the Government (Fixed-Price). Alternate I (Sept 1996).
DFARS Clauses Incorporated by Reference
252.242-7004 Material Management and Accounting System. May 2011 252.236-7005 Airfield Safety Precautions. Dec 1991 252.247-7022 Representation of Extent of Transportation by Sea. Jun 2019 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Jun2023 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism May 2019 252.225-7048 Export-Controlled Items. Jun 2013 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data. Jan 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements.
252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.225-7001 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.2017-12 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.
252.225-7967, Prohibition Regarding Russian Fossil Fuel Business Operations (Class Deviation 2024-O0006) 252.247-7023 Transportation of Supplies by Sea. 2014-04
FAR Clauses Incorporated by Full Text
52.203-2 Certificate of Independent Price Determination. (Apr 1985)
As prescribed in 3.103-1 , insert the following provision. If the solicitation is a Request for Quotations, the terms "Quotation" and "Quoter" may be substituted for "Offer" and "Offeror."
Certificate of Independent Price Determination (Apr 1985)
(a) The offeror certifies that-
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-
(i) Those prices;
(ii) The intention to submit an offer; or
(iii) The methods or factors used to calculate the prices offered.
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required bylaw;
and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or
(2)
(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____[insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the dis-closure.
(End of provision)
52.204-20 Predecessor of Offeror. (Aug 2020)
As prescribed in 4.1804(d), insert the following provision:
Predecessor of Offeror (Aug 2020)
(a) Definitions. As used in this provision-
Commercial and Government Entity (CAGE) code means-
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency(NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it is or is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contractor grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code:____ (or mark "Unknown").
Predecessor legal name: ____.
(Do not use a "doing business as" name).
End of provision)
52.204-26 Covered Telecommunications Equipment or Services-Representation. (Oct 2020)
As prescribed in 4.2105(c), insert the following provision:
Covered Telecommunications Equipment or Services-Representation (Oct 2020)
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(c)
(1) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision)
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.
As prescribed at , insert the following clause: (c)9.104-7
Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)
(a) The Contractor update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual shall basis, throughout the life of the contract, by posting the required information in the via . System for Award Management https://www.sam.gov
(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except reviews, will be publicly available. FAPIIS consists of two - past performance segments
(1) The non-public , into which Government officials and the Contractor post information, which can only be viewed by- segment
(i) Government personnel and authorized users performing business on behalf of the Government; or
(ii) The Contractor, when viewing data on itself; and
(2) The publicly-available , to which all data in the non-public of FAPIIS is automatically transferred after a waiting period of 14 segment segment calendar days, except for-
(i) Past performance reviews required by subpart ; 42.15
(ii) Information that was entered prior to April 15, 2011; or
(iii) Information that is withdrawn during the 14-calendar- waiting period by the Government official who posted it in accordance with paragraph day (c)(1) of this clause.
(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.
(1) If the Contractor asserts within 7 calendar days, to the Government official who posted the information, that some of the information in writing posted to the non-public of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official segment who posted the information within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of must Information procedures, prior to reposting the releasable information. The contractor cite and request removal within 7 calendar days must 52.209-9 of the posting to FAPIIS.
(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, , for a total period of 6 years. Contractor comments will remain a part of the i.e.
record unless the Contractor revises them.
(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except reviews, past performance will be publicly available.
FA568224R0007
https://www.acquisition.gov/far/9.104-7#FAR_9_104_7 https://www.sam.gov/ https://www.acquisition.gov/far/subpart-42.15#FAR_Subpart_42_15 https://www.acquisition.gov/far/52.209-9#FAR_52_209_9
(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.
(End of clause)
52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.
(Alternate IV) (Nov 2021) Alternate IV (Oct 2010)Alternate IV (Oct 2010).
As prescribed in 15.408 (l), replace the text of the basic provision with the following:
(a) Submission of certified cost or pricing data is not required.
(b) Provide data described below: Construction Cost Estimate Breakdown.
52.215-21 Alternate IV Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.
(Alternate IV) Oct 2010
(b) Provide data described below: Construction Cost Estimate Breakdown.
(a) Submission of certified cost or pricing data is not required.
52.252-3 Alterations in Solicitation. (Apr 1984)
As prescribed in 52.107(c), insert the following provision in solicitations in order to revise or supplement, as necessary, other parts of the solicitation that apply to the solicitation phase only, except for any provision authorized for use with a deviation. Include clear identification of what is being altered.
Alterations in Solicitation (Apr 1984)
Portions of this solicitation are altered as follows:
(End of clause)
52.252-4 Alterations in Contract. (Apr 1984)
As prescribed in 52.107(d), insert the following clause in solicitations and contracts in order to revise or supplement, as necessary, other parts of the contract, or parts of the solicitation that apply after contract award, except for any clause authorized for use with a deviation. Include clear identification of what is being altered.
Alterations in Contract (Apr 1984)
Portions of this contract are altered as follows:
(End of clause)
52.215-1 Instructions to Offerors-Competitive Acquisition. (Nov 2021)
As prescribed in 15.209(a), insert the following provision:
Instructions to Offerors-Competitive Acquisition (Nov 2021)
(a) Definitions. As used in this provision
Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.
In writing, "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.
Proposal modification is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.
Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.
Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.
(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).
(c) Submission, modification, revision, and withdrawal of proposals.
(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.
(2) The first page of the proposal must show-
(i) The solicitation number;
(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);
(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;
(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and
(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.
(3) Submission, modification, revision, and withdrawal of proposals.
(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.
(ii)
(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-
(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or
(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(3) It is the only proposal received.
(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.
(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.
(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.
(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.
(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.
(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.
(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).
(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-
(1) Mark the title page with the following legend:
This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and
(2) Mark each sheet of data it wishes to restrict with the following legend:
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
(f) Contract award.
(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.
(2) The Government may reject any or all proposals if such action is in the Government's interest.
(3) The Government may waive informalities and minor irregularities in proposals received.
(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR15.
306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.
(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.
(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.
(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.
(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.
(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.
(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without…
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