Solicitation-W56HZV-21-R-L087_CAA Painting.pdf
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- Interior and Exterior Building Painting Federal contract opportunity
- Solicitation number
- W56HZV-21-R-L087
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| CAA Painting-Pricing Workbook_Solicitation.xlsx | XLSX spreadsheet |
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Prepare and Paint Interior and Exterior Columns of Building 1839 and Prepare and Paint Exterior Handrails of Building 805.
Location: Fort Belvoir, VA.
1) Set-aside: This requirement is set-aside 100% for small business.
2) Small Business Size Standard: $16.5M
3) NAICS Code: 238320 -- Painting and Wall Covering Contractors
4) Project Magnitude: Between $25,000 and $100,000 - IAW FAR 36.204
5) Submit Proposals no later than 12 August, 2021 @ 9:00AM EST.
6) Prospective Offerors are highly encouraged to attend a pre-proposal site visit to be conducted on Tuesday 03 August, 2021 at 10:00AM
EST.
VICTORIA COON 586-282
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS
NEGOTIATED
26-Jul-2021
(RFP)
(IFB)
X
CALL:
Building 1839 and 805 Painting
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______1 calendar days and complete it w ithin ________45 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________SOW C.2.2
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.
B. An offer guarantee is, X is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
ACC-DTA
6501 E. 11 MILE RD
DETROIT ARSENAL MI 48397-5000
W56HZV
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
(hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
CAA Painting
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
W56HZV21RL087 46
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
CODE FACILITY CODE
17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
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 NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified)
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print)
TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
W56HZV21RL087
Section A - Solicitation/Contract Form
SECTION A
PROJECT TITLE: CAA Painting Project
REQUEST FOR PROPOSAL (RFP): W56HZV-21-R-L087
A.1 PROJECT DESCRIPTION:
The scope of work for this project is to prepare and repaint the first and second floor areas as designated in the Statement of Work, and the 12 Exterior Entry Columns of Building 1839 and the Exterior Handrails of Building 805, located on Ft. Belvoir, VA, 22060.
A.2 MAGNITUDE OF PROJECT:
( ) Less than $25,000- ESB Set-aside; (X)$25,000-$100,000; () $100,000-$250,000; ( ) $250,000-$500,000; ( )$500,000 - $1,000,000; ( )$1,000,000 -$5,000,000. Any offer (proposal) received that exceeds this magnitude may result in propoasl rejection and the proposal not being considered for award.
A.3 PERFORMANCE PERIOD:
All work shall be completed not later than 45 calendar days after receipt of Notice to Proceed.
A.4 PROPOSAL EXPENSES AND PRE-PURCHASE ORDER COSTS:
This Request for Proposal (RFP) does not commit the Government to pay costs incurred in preparation and submission of initial and subsequent proposal or for other costs incurred prior to award of a formal purchase order.
A.5 ELECTRONIC CONTRACTING
(a) All Army Contract Command – Detroit Arsenal solicitations will be publicized on the System for Award Management website (https://www.SAM.gov). Any additional attachments, including Technical Data Packages (TDPs) when available electronically, will be separate attachments or links embedded in the solicitation.
(b) As of 10 August 2019, unless directed to do otherwise in Section L of this solicitation, vendors are required to submit a quote or proposal at https://www.SAM.gov.
(c) Please pay close attention to the closing date and time. The closing date and time is based on the local time of the listed location of the Issued By office. In accordance with FAR 15.208(a), offerors are responsible for submitting proposals, and any revisions, and modifications, so as to be received by the Government office designated in the solicitation by the time specified.
(d) It is the responsibility of the Offeror to ensure that the proposal/quote is received by the date and time specified on the cover page of this solicitation. In accordance with FAR 15.208, if the proposal/quote was not received at the initial point of entry to the Government infrastructure (in this case, received through SAM) by the exact date and time specified on the cover page of this solicitation, it will be determined late. Proposal/quote is defined to mean ALL volumes or parts required in the solicitation are included in the electronic submission.
Note: There is no “expected” or “target” length of time for proposal submission; size and content may be factors, therefore offerors are strongly cautioned when submitting proposals to allow adequate time for submission.
(e) Solicitations may remain posted on SAM.gov after the solicitation closing date. If the response deadline has passed for the solicitation, vendors will no longer be able to submit electronic responses.
(f) Any award issued as a result of this solicitation will be distributed electronically. In the event of a FOIA request for a copy of any award issued as a result of this solicitation, or any subsequent modifications to the contract, the contract and modifications will be released, including the awarded unit price. This is the notice required by Executive Order 12600 (June 23, 1987) of the Government’s intention to release unit prices in response to any request under the Freedom of Information Act (FOIA), 5 USC 552. Unit price is defined as the contract price per unit or item purchased as it appears in Section B of the contract and is NOT referring to nor does it include Cost or Pricing data/information. If an Offeror objects to such release in the base contract or contract modifications, the Offeror must notify the Contracting Officer in writing prior to the closing date identified in this solicitation and will include the rationale for the objection consistent with the provisions of FOIA. A release determination will be made based on rationale given.
(g) Questions pertaining to this solicitation should be directed to the Contract Specialist identified on the cover page of this solicitation. Any questions regarding this RFP must be received by the Contract Specialist no later than 05 August, 2021 at 02:00PM Eastern Time. Responses to questions are not considered changes to the RFP as the only way the RFP can be modified is through an amendment that will be issued. Oral explanations or instructions given before the award of a contract will not be binding. The Government will post all Questions and Answers (Q&As) to SAM.gov no later than 12:00PM Eastern Standard Time on 09 August, 2021. The Government will notify potential offerors if an extension is needed to post the Q&As. For technical assistance in doing business with the Government, and doing business electronically, please visit the Procurement Technical Assistance Center (PTAC) website at https://www.aptac-us.org/ to locate a regional center.
A.6 ARMY CONTRACTING COMMAND – DETROIT ARSENAL (DTA) OMBUDSPERSON
Information regarding the Ombudsperson for this contract is located at the following website:
https://www.tacom.army.mil/ombudsperson. (Best viewed using Google Chrome or Microsoft Edge)
A.7 ALL OR NONE
Offers in response to this solicitation must be submitted for the total quantity of the items identified in the solicitation.
(1) ONLY ONE AWARD WILL BE MADE AS A RESULT OF THIS SOLICITATION
(2) OFFERS SUBMITTED FOR LESS THAN THE TOTAL QUANTITIES OF ALL THE ITEMS IN
THIS SOLICITATION WILL BE DEEMED NONRESPONSIVE.
A.8 NOTICE OF ELEVATED THREAT LEVEL FORCE PROTECTION CONDTION (FPCON)
Contractor is hereby notified that there is a potential impact on Contractor performance during increased FPCON during periods of increased threat. During FPCONs Charlie and Delta, services may be discontinued/postponed due to higher threat. Services will resume when FPCON level is reduced to level Bravo or lower.
A.9 NOTICE OF RANDOM ANTITERRORISM MEASURES PROGRAM (RAMP)
In accordance with AR 525-13, Contractor personnel working on an Army installation, arsenal, base or other DoD facility (owned or leased by DoD/Department of the Army), are subject to participation in installation RAMP security program (e.g. vehicle searches, wearing of ID badges, etc.).
A.10 SITE VISIT
A site visit shall be conducted on Tuesday, 03 August 2021 at 1000 hrs. (10:00 AM Eastern Standard Time).
Contractors and Government Points-of-Contact (POC) will meet at Building 1839 at Fort Belvoir, 6001 Goethals Rd, Ft Belvoir, 22060. POCs for site visit are Patrick Wood and Dale Debruler. Contracting POC is Tori Coon, Contract Specialist, Army Contracting Command – Detroit Arsenal. Information provided at this site visit, as well as answers to questions, shall not change the terms and conditions of the solicitation and specifications. Terms remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply (see detailed proposal instructions for information on questions). All questions and answers must be in writing. Email all questions to victoria.l.coon4.civ@mail.mil. Questions must be received NLT Thursday, 05 August 2021 at 1400hrs (02:00PM Eastern Standard Time). Answers shall be provided with questions to all interested Offerors.
A.11 WAGE DETERMINATION:
Currently, General Decision Number VA20210178 dated 06/04/2021, County of Fairfax is applicable to this purchase order. Rates may be found at http://www.sam.gov/wage-determinations. In the event the current prevailing Wage Determination is changed by the Department of Labor prior to closing date of this solicitation, it is the Offeror’s responsibility to insure the most recent determination is used in preparing the proposal. An Amendment will not be issued prior to closing to change Wage Determination dates and/or numbers. Should the wage rate change after closing, but prior to award, the updated Wage Determination will be incorporated by amendment and issued to all offerors submitting a proposal. If applicable, these Offerors/Contractors will be given an opportunity to provide revised proposal solely to amend proposals due to Wage Determination changes
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job
Building 1839 Interior Painting
FFP
This CLIN is to provide all personnel, tools, equiptment, materials, supervision, other items, and non-personal services necessary to perform painting services as defined in this Statement of Work for all interior painting of Building 1839.
Period of Performance: 45 Days After Notice to Proceed.
WAWF Invoicing Instructions: Invoices will be submitted electronically through DFAS payment automated system Wide Area Work Flow. Training is available at http://www.wawftraining.com/. Please use a 2-in-1 Invoice.
FOB: Destination
PSC CD: Z1AA
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Job
Building 1839 Entry Columns Painting
FFP
This CLIN is to provide all personnel, tools, equiptment, materials, supervision, other items, and non-personal services necessary to perform painting services as defined in this Statement of Work for the twelve (12) Entry Columns located at Building 1839.
Period of Performance: 45 Days After Notice to Proceed.
WAWF Invoicing Instructions: Invoices will be submitted electronically through DFAS payment automated system Wide Area Work Flow. Training is available at http://www.wawftraining.com/. Please use a 2-in-1 Invoice.
FOB: Destination
PSC CD: Z1AA
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0003 1 Job
Building 805 Exterior Handrail Painting
FFP
This CLIN is to provide all personnel, tools, equiptment, materials, supervision, other items, and non-personal services necessary to perform painting services as defined in this Statement of Work for the exterior handrail painting located at Building 805.
Period of Performance: 45 Days After Notice to Proceed.
WAWF Invoicing Instructions: Invoices will be submitted electronically through DFAS payment automated system Wide Area Work Flow. Training is available at http://www.wawftraining.com/. Please use a 2-in-1 Invoice.
FOB: Destination
PSC CD: Z1AA
NET AMT
Section C - Descriptions and Specifications
STATEMENT OF WORK
STATEMENT OF WORK
SECTION C
C.1 INTRODUCTION
The Center for Army Analysis (CAA) is comprised of two buildings: Building 805 and Building 1839, both located on Fort Belvoir VA, 22060. CAA conducts decision support analyses across the spectrum of conflict in a Joint, Interagency, Intergovernmental, and Multinational context to inform critical senior level decisions for current and future national security issues.
C.1.1 SCOPE OF WORK
Work within this Statement of Work (SOW) will comply with Unified Facilities Guide Specifications Section 090900 Paints and Coatings.
C.1.1.1 Building 1839, 6001 Goethals Road Ft Belvoir, VA. Interior Painting First and Second Floors:
a) The Contractor shall prepare and paint walls in the following areas: the main hallways on the first and second floors, the interior loading dock area on the first floor, breakrooms on both the first and second floors, restrooms on the first and second floors, and copier areas on the first and second floors.
The order in which these shall be prepped and painted shall be determined in the post-award kick-off meeting between the Government and the Contractor.
b) Preparation work shall include: the removal of all artwork, any necessary patching and scraping, and sanding for paint preparation.
c) The Contractor shall rehang all artwork once wall painting is complete and accepted by the Government. Artwork rehang will be with the guidance of the Contracting Officer Representative (COR) and CAA Deputy Chief of Staff listed in Section C.2.1
d) Paint shall be color matched to the existing wall color. The existing paint formula is as follows: White Match – White Base Interior – B: 07 1.00, C: 07 10.00, L: 0Y 7.00. The color matched paint shall be approved by the COR prior to starting work.
C.1.1.2 Building 1839, 6001 Goethals Road, Ft Belvoir, VA. Exterior Building Entry Columns:
a) The Contractor shall scrape, patch, prime and paint the twelve (12) exterior building entry columns using exterior semi-gloss paint at Building 1839.
b) Paint must be color matched to the existing tan column paint color. Paint color shall be approved by the COR prior to starting work.
C.1.1.3 Building 805, 5801 Hurly Road, Ft Belvoir, VA. Exterior Handrails:
a) The Contractor shall scrape, grind off rust, prime, and paint handrails black. The handrails are located at the loading dock adjacent to the stairs leading to the basement.
b) The color matched black paint shall be approved by the COR before starting work.
C.1.2 COORDINATION
Coordination on daily work schedule, to include the order in which each area shall be accessed, prepped, and painted, will take place between the Contractor lead, the COR, and the CAA Facility Manager. Initial coordination of work schedule and plan shall be completed at the post-award kick-off meeting. The Government and the Contractor shall provide at least 24-hours written notice for any variance from scheduled tasks. The Government shall provide escorts for Contractor personnel at all times to ensure no interference with Government personnel work and provide access to secured areas.
C.1.3 POST-AWARD MEETING
The Contractor shall setup and attend a post-award kick-off meeting with the designated Government POCs within three business days of contract award for a final work through to include paint colors and coordination for all tasks listed in the SOW. The meeting shall be held at building 1839, 6001 Goethals Rd, Ft Belvoir VA, 22060.
C.2 GENERAL REQUIREMENTS
C.2.1 GOVERNMENT POINT-OF-CONTACTS
CAA Facility Manager: Mr. Ronald Mitchell CAA Deputy Chief of Staff: Mr. Dale E. Debruler Department of Public Works, Ft Belvoir Project: Mr. Barry D. Hunter, II Contracting Officer’s Representative (COR): Mr. Patrick A. Wood
C.2.2 PERIOD OF PERFORMANCE
All work shall be completed within forty-five days from contract award, weather permitting for the outside painting in Sections 1.1.2 and 1.1.3.
C.2.3 PLACE OF PERFORMANCE
Building 1839, 6001 Goethals Road, Ft Belvoir, VA, 22060 and Building 805 5801 Hurley Road, Ft Belvoir, VA, 22060.
C.2.4 FEDERAL HOLIDAYS
a) No service will be scheduled on Federal holidays generally observed by the Government, unless otherwise agreed upon.
b) In the event an Executive Order issued by the President of the United States, which declares Agencies of the Federal Government closed for a regularly scheduled workday, the COR will determine and advise the Contractor on whether services are required for that day.
C.2.5 CURRENT DUTY HOURS AND ACCESS TO THE AGENCY
a) Normal duty hours are: Monday – Friday from 0630 – 1700 hours, except Federal holidays and days that the President of the United States issues an Executive Order which declares Agencies of the Federal Government to close for a regularly scheduled workday. The Government will provide at least 48-hour notice to the Contractor regarding any required scheduled changes. The Contractor shall notify the Government within 48 hours of any work schedule changes.
b) Due to varying traffic requirements brought on by construction, changing missions, and security concerns within the installation, access to the installation is subject to change, sometimes with little or no warning. Inbound and outbound traffic restrictions may exist. Contractor personnel shall plan accordingly.
C.2.6 SECURITY
CAA Building 1839 and Building 805 are secure facilities. Contractors are required to be escorted within both buildings.
C.2.7 PARKING AND TRAFFIC CONTROL
The Contractor and its employees shall abide by host installation parking regulations. All vehicles shall be parked in designated parking areas only. The Contractor and its employees shall conform to Federal, State and host installation driving regulations.
C.3 GOVERNMENT-FURNISHED SUPPORT SERVICES
The Government will furnish the services listed in this section to be used exclusively during performance of the requirements under this contract. Applicable phone numbers can be found in Section C.3.3.
C.3.1 MEDICAL
Emergency medical services will consist of assistance for illness or injury that occurs to any Contractor personnel on the job. The Contractor shall call the on-site emergency number for emergency medical services.
C.3.2 POLICE AND FIRE PROTECTION
The Government will furnish police and fire protection. The Contractor shall comply with DoDI 6055.6, DoD Fire and Emergency Services Program. The Contractor shall participate in host installation police and fire programs, drills, and instructions. Contractor personnel shall follow the current fire evacuation diagram that is posted in any work area. Contractor personnel shall call the On Post Fire or Police Emergency phone numbers in the event of emergency services required.
C.3.3 CRISIS PHONE NUMBERS
Fire and Emergency Services: (703) 781-1800 Fire Non-Emergency: (703) 781-1800 Police Emergency: (703) 806-4277 Police Non-Emergency: (703) 806-3104 Off Post Emergency: 911
C.4 GOVERNMENT FURNISHED PROPERTY
No Government Furnished Property will be authorized for this contract. Contractors shall supply any necessary supplies for contract completion.
C.5 ACCEPTANCE AND INSPECTION
C.5.1 POC
The CAA Facility Manager, the Department of Public Works, Ft Belvoir Project Manager, and the COR are designated as the POCs for final inspection and acceptance by the Government for all services required by the contract. An acceptance inspection shall be completed.
C.5.2 ACCEPTANCE INSPECTION
An acceptance inspection shall be performed of the areas covered in the tasks of this SOW in both Building 1839, 6001 Goethals Road and Building 805 5801 Hurley Road Ft Belvoir, VA.
The Government has the absolute right to reject any work not meeting the acceptance criteria.
Discrepancies shall conform to the requirements in the SOW before the Government will accept the completed work. Non-conforming work corrections shall be made at no additional cost to the Government.
C.6 iWATCH TRAINING The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity Anti-Terrorism Officer (ATO)). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR, if assigned, or the Contracting Officer. This training shall be completed within 7 calendar days of contract award and within 7 calendar days of new employees’ commencing performance, with the results reported to the COR, or Contracting Officer, no later than 7 calendar days after contract award. Training may be obtained at http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-12 Inspection of Construction AUG 1996
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 45 dys. ANP 1 CENTER FOR ARMY ANALYSIS
CENTER FOR ARMY ANALYSIS
6001 GOEHTALS ROAD
FT BELVOLIR VA 22060
FOB: Destination
W80SWP
0002 45 dys. ANP 1 (SAME AS PREVIOUS LOCATION)
0003 45 dys. ANP 1 (SAME AS PREVIOUS LOCATION)
52.242-17 Government Delay Of Work APR 1984
Section I - Contract Clauses
52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-2 Differing Site Conditions APR 1984
CLAUSES INCORPORATED BY FULL TEXT
252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)
(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.
(b) The Contractor shall--
(1) Check all drawings furnished immediately upon receipt;
(2) Compare all drawings and verify the figures before laying out the work;
(3) Promptly notify the Contracting Officer of any discrepancies;
(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and
(5) Reproduce and print contract drawings and specifications as needed.
(c) In general--
(1) Large-scale drawings shall govern small-scale drawings; and
(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.
(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.
(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:
Not applicable.
(End of clause)
52.236-13 Accident Prevention NOV 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991
52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)
(a) The Contractor shall submit one of the following payment protections:
(i) A payment bond.
(ii) An irrevocable letter of credit (ILC).
(iii) A tripartite escrow agreement.
(iv) Certificates of deposit.
(b) The amount of the payment protection shall be 100 percent of the contract price.
(c) The submission of the payment protection is required within 7 days of contract award.
(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.
(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.
(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.
52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION
2020-O0008).
OCT 2020
52.222-26 Equal Opportunity SEP 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 1 calendar day 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 45 days after the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.
52.214-34 Submission Of Offers In The English Language APR 1991 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 238320 assigned to contract number TBD.
[Contractor to sign and date and insert authorized signer's name and title.]
52.222-3 Convict Labor JUN 2003 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and
Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-27 Affirmative Action Compliance Requirements for
Construction
APR 2015
52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons OCT 2020 52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.228-1 Bid Guarantee SEP 1996 52.228-2 Additional Bond Security OCT 1997 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items NOV 2020 52.249-2 Alt I Termination for Convenience of the Government (Fixed-
Price) (Apr 2012) - Alternate I
SEP 1996
52.249-10 Default (Fixed-Price Construction) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
DEC 2019
252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.242-7006 Accounting System Administration FEB 2012 252.243-7001 Pricing Of Contract Modifications DEC 1991
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES
DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)
(a) Definitions. As used in this clause--
Covered article means any hardware, software, or service that--
(1) Is developed or provided by a covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a covered entity.
Covered entity means--
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L.
115-91) prohibits Government use of any covered article. The Contractor is prohibited from--
(1) Providing any covered article that the Government will use on or after October 1, 2018; and
(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
(c) Reporting requirement.
(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, 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.
(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:
(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.
52.219-13 Notice of Set-Aside of Orders (MAR 2020)
(a) The Contracting Officer may set aside orders for the small business concerns identified in 19.000(a)(3).
(b) The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).
352.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)
(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).
(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.
Material (if none, insert None) Identification No.
Paints 8010
(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.
(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items.
Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.
(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.
(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.
(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--
(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;
(ii) Obtain medical treatment for those affected by the material; and
(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.
(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.
(3) The Government is not precluded from using similar or identical data acquired from other sources.
52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)
(a) The Contractor shall submit one of the following payment protections:
A payment bond, an irrevocable letter of credit, a tripartite escrow agreement, and/or certificates of deposit.
(b) The amount of the payment protection shall be 100 percent of the contract price.
(c) The submission of the payment protection is required within 14 days of contract award.
(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.
(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.
(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.
52.228-14 Irrevocable Letter of Credit NOV 2014
52.232-16 PROGRESS PAYMENTS (JUN 2020)
The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:
(a) Computation of amounts.
(1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under Federal Acquisition Regulation (FAR) 31.205-10 as an incurred cost for progress payment purposes.
(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors--
(i) In accordance with the terms and conditions of a subcontract or invoice; and
(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.
(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless--
(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and
(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).
(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:
(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.
(ii) Costs incurred by subcontractors or suppliers.
(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.
(iv) Payments made or amounts payable to subcontractors or suppliers, except for --
(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and
(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.
(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor
(ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.
(6) The total amount of progress payments shall not exceed 80 percent of the total contract price.
(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) of this clause, the Contractor shall repay the amount of such excess to the Government on demand.
(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.
(9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.
(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly.
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