SP330017Q0087_SOLICITATION.pdf

“Building 29 Breakroom Expansion”

DLA Installation Support at San Joaquin, California

This Request for Quote (RFQ) for solicitation number SP3300-17-Q-0087 is for a Firm-Fixed-Price contract for the construction and expansion of the Building 29 Breakroom.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005- 95 effective 19 January, 2017, Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20161222 and Defense Logistics Acquisition Directive (DLAD) current to Revision 5 and Proc Ltr 2017-13.

The complete text of any of the clauses and provisions are available electronically from the following site:

http://www.farsite.hill.af.mil.

PROJECT DESCRIPTION:

Provide the necessary material, tools, equipment, transportation, supplies, management, supervision and labor as required by the Plan and Specifications for the following tasks (but not limited to):

BASIC REQUIREMENT

1. Expansion of Bldg. 29 Breakroom:

a. Construct modular office structure (20’x 20’x 8’6”High) connected to the existing breakroom located in Building 29, Section 1. This will require three new walls that will tie into the existing breakroom area. Two panels in the existing breakroom wall will be removed to create a walkway between the breakroom areas.

b. The new breakroom structure will include a wall HVAC unit.

c. The new breakroom structure will include an electrical distribution panel with six circuits to power the HVAC unit, the lights, and the outlets.

d. The new breakroom panel will require a new power connection to main Panel A.

e. Install VCT floor tiles in the new breakroom expansion.

f. Install new fire sprinklers in the breakroom expansion to be connected to the existing fire sprinkler system.

g. Install a new smoke detector in the breakroom expansion.

h. Install new floor cabinets with countertop (2’x 10’x 34.5”H).

i. Relocate existing guardrail with seven electrical outlets used to charge the portable computer stations.

j. Power Requirements for the new Breakroom Expansion Area:

1. Remove existing three 75 KVA (set of three 25 KVA) 12KV/208V transformer located on pole W/36. Remove all the hardware supporting existing transformer on the pole.

Remove existing primary fuse.

2. Remove existing #2 AWG wires (about 200 ft.) connecting transformer and 400 A disconnect switch.

3. Remove existing conduits from existing weatherhead and 400 A disconnect switch.

4. Remove existing 400 A disconnect switch.

5. Supply and install new 150 KVA (set of three 50KVA oil filled) 12KV/208/120V 3PH 4W transformer, Eaton or approved equal, on the same location on pole # W/36.

http://www.farsite.hill.af.mil/

6. Supply and install new hardware to support new transformer on the pole.

7. Supply and install new 10A 12KV fuse.

8. Replace existing weather head with new weather head at the location shown in the drawing on west wall of building 29 section 1. Weather head shall be rated for 4- 250 KCMIL service.

9. Supply and install 600 A panel board with 600A main breaker, NEMA 12 enclosure with one 3PH 225A, two 3PH 100A and 10- 1PH 20A circuit breakers. Label this panel as PANEL 5A. Install updated typed panel directory. Install government supplied Arc Flash label.

10. Supply and install new 4-250 KCMIL THHN 600V, Okonite or equal, and appropriate stainless steel reinforcement wire from new transformer to weather head building 29 section 1. Ground transformer and overhead service as per applicable code.

11. Install 3” EMT and 4-250 KCMIL THHN 600V from weather head to 600A 3PH 4W panel board.

12. Intercept cable/conduit from existing disconnect switch to Panel 5 and connect them to 225A circuit breaker in new 600A panel board.

13. Supply and install 1- 1.5”C EMT 3#1 THHN 600V from new panel to existing 1PH, 100A panel located in new office module. Label this panel as 5B. Install government supplied Arc Flash label.

14. Supply rental generator (i) Two 60 KW 480V,3PH 4W (ii) one 150KW 480V 3PH4W.

Install one 60 KW generator at CDC building, one 60KW at Service truck control facility and one 150KW near building 30 prior to any power outage. Rental generators can use existing generator ATS. Rental generators must be wired so that they turn ON with loss of primary power. All rental generators must comply with all regulations mandated by federal, local air pollution control districts and defense depot environmental section.

GENERAL REQUIREMENTS:

1. All demolished materials shall be disposed of off DLA Defense Distribution Depot San Joaquin property.

2. Contractor shall adhere to the statement of work attached as part of this project.

3. Job site shall be left in a clean and orderly condition, and all construction debris and excess materials shall be removed upon completion of the job. Contractor shall not use Government trash cans, dumpsters, or other waste receptacles.

4. All material supplied shall be made in USA and UL listed.

5. Only one power outage will be allowed on Sunday to complete transformer installation.

6. Minimum two weeks written notice is required for any power outage.

7. All electrical work shall be done asper NEC, NFPA and other applicable codes.

8. Transport removed transformer, primary fuse, primary fuse links, and 400A disconnect switch to government maintenance yard inside the depot.

9. Contractor is subject to all DLA Distribution Depot San Joaquin health and safety regulations, security requirements, and environmental requirements. Additional information will be provided at the time of a pre-construction meeting prior to any work.

ENVIRONMENTAL REQUIREMENTS:

Contractor to comply with attached Attachment 5 - Environmental Checklist.

SPECIFICATIONS: See attached Statement of Work and Drawings:

Attachment 01: Standard Form 18 Attachment 02: Statement of Work (SOW) Attachment 03: Cut Sheets Attachment 04: Drawing Attachment 05: Environmental Checklist Attachment 06: Davis Bacon Attachment 07: SF25A Payment Bond Attachment 08: Site Map

LINE ITEMS

Basic Requirement

CLIN 0001 – Contractor is to provide all labor, supervision, materials, tools, and equipment to construct a breakroom expansion in Building 29, Section 1, DLA Defense Distribution Depot San Joaquin (DDJC) Tracy site as defined in the attached Statement of Work (SOW) and any specifications/drawings.

Unit Price $__________ x 1 UN = $_____________ (Total Price).

Use Attachment 1 to provide quote.

PROJECT TO BE COMPLETED 180 DAYS AFTER NOTICE TO PROCEED IS ISSUED.

QUOTATION SUBMISSION INSTRUCTIONS:

Quotes are due on August 31, 2017 at 3:00 PM EST. The Quotes must arrive in the acquisition specialist’s email inbox by the date and time detailed on page 04. Quotes must be submitted in electronic format (e-mail) only. Electronic copies shall be e-mailed to the acquisition specialist at kathleen.toland@dla.mil furthermore, the total file size may not exceed 6 Megabytes in any one e-mail. If the quote exceeds the 6 Megabytes, then the quote shall be broken into smaller file sizes and submitted via separate e-mails in order to be received successfully. If submitting more than one email ensure the subject line of the email indicates the number of emails being sent “Email X of Y”. All parts of the quote must be received by the date and time of quote closing deadline to be considered responsive. It is highly encouraged that the offeror(s) confirm that all of the quote submittal(s) have been received by the acquisition specialist before the due date and time.

This information shall be sent via email to kathleen.toland@dla.mil.

mailto:kathleen.toland@dla.mil

1. Signed copy of Standard Form 18 (Request for Quotation)-Page 1 (Attachment 1) with price quote.

2. Reps and Certs or Indication this information is available at www.sam.gov

MAGNITUDE OF CONSTRUCTION: Between $100,000 and $250,000.

This is acquisition is 100% set aside for small business. The NAICS Code for this procurement is 236220.

NOTICE TO ALL PROSPECTIVE QUOTERS: To receive awards resulting from solicitations issued after May 31, 1998, your company must be registered in the System for Award Management. Reference FAR clause 52.204-7.

SAM website is http://www.sam.gov.

SMALL BUSINESS SET-ASIDE: This is a 100 percent Small Business Set-aside in accordance with FAR

19.5 Set-Asides for Small Business.

DAVIS BACON WAGE DECISION: General Wage Decision Number CA170029 Superceded CA 20160029 Modification Number 17 dated 07/14/2017 applies to this requirement.

BASIS FOR AWARD OF CONTRACT: Award will be made to the lowest price offer.

LIQUIDATED DAMAGES: NA

WORKING HOURS: Normal working hours between 0730-1630 excluding Government holidays.

PERFORMANCE PERIOD: Contractor shall commence work upon Notice to Proceed and shall complete the entire work ready for use within 180 days after receipt of Notice to Proceed.

Attendance at the pre-quote site visit is recommended to confirm the current condition, locations and quantity of the work required. See Page 16-17 for instructions.

All questions must be submitted via E-Mail to kathleen.toland@DLA.MIL no later than August 11, 2017 and will be answered in an Amendment attached to this RFQ.

1. Preconstruction Meeting and Initial Submittals: A preconstruction meeting will be scheduled within 7 calendar days after the Notice to Proceed is issued.

1.0 Submittals

Initial Submittals are required for all material to be utilized and/or installed and shall be in compliance with the Unified Facilities Guide Specifications (UFGS). All submittals shall be approved prior to commencement of work. Submittals shall include but not limited to the following:

a. Task specific: Quality Control Plan, Hazard Analysis, and Safety/Health Plan.

Construction schedule

b. Manufacturers’ data and shop drawings for all materials and equipment.

c. Construction schedule and Phasing Plan.

d. Manufacturer’s data for suspended ceiling system, vinyl floor tiles, cove base, doors and

e. hardware, diffusers, registers, grilles, and cable.

One Award will be made to the lowest quote received.

http://www.sam.gov/ http://www.sam.gov/ mailto:kathleen.toland@DLA.MIL

One Firm Fixed Price Award will be made to the lowest quote received. Failure to provide a quote for all project requirements in accordance with the statement of work will result in the offer being found non-responsive.

ORIGANIZATIONAL CONFLICT OF INTEREST

1. The contractor shall be ineligible from participation as a contractor, subcontractor, or consultant in any procurement arising or resulting from any of the services provided to DDC on this contract. This restriction includes providing services to any potential bidders on such procurements. The contractor shall not incorporate its products or services in any Performance Work Statement or specification unless directed to do so in writing by the Contracting Officer.

2. If the contractor in the performance of this contract obtains access to information such as plans, policies, reports, studies, financial data, internet data, or any other non-public information or information by the Privacy Act, the contractor agrees not to release such information without prior written approval from the Contracting Officer. The use of such information for personal gain is prohibited.

3. In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, or other confidential or privileged technical, business, or financial information under this contract, it shall treat such information in accordance with any restrictions imposed on such information.

DAMAGE TO CONTRACTOR SUPPLIES, MATERIALS, EQUIPMENT,

AND PROPERTY

The Government will not be responsible in any way for damages to the Contractor's supplies, materials, equipment, and property or to contractor or employees' personal belongings that are caused by fire, theft, accident, or other disaster/misfortune. The term “Contractor” includes subcontractors.

EMPLOYMENT OF US GOVERNMENT PERSONNEL RESTRICTED

In performing this contract, the Contractor shall not use as a consultant or employ (on either a full or part time basis) any active duty U.S. Government personnel (civilian or military) without the prior written approval of the Contracting Officer. Such approval may be given only in circumstances where it is clear that no laws and no DoD or U.S. Government instructions, regulations, or policies might possibly be contravened and no appearance of a conflict of interest will result.

ILLEGAL ITEMS NOT AUTHORIZED ON FEDERAL INSTALLATION

Illegal drugs, guns or other contraband are not authorized on this Federal installation. It is the contractor's responsibility to ensure that its employees working on-site at this installation are U. S. citizens or legal aliens with no outstanding warrants. This installation is manned by a DoD Police Force who possesses apprehension authority, which includes holding suspects for local authorities. The local authorities can issue a citation that charges the individual with a specific offense and requires the individual to appear before a Federal Magistrate. This agency processes illegal aliens in accordance with INS instructions.

MANAGEMENT OF CONTRACTOR EMPLOYEES

The Contractor personnel are employees of the Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform the tasks prescribed in the Performance Work Statement. The Contractor shall select, supervise, and exercise control and direction over its employees under this contract. The Contractor shall not supervise, direct, or control the activities of the Government personnel or the employee of any other contractor, except any subcontractor employed by the Contractor on this contract. The Government shall not exercise any supervision or control over the Contractor in the performance of contractual services under this contract. The Contractor is accountable to the Government for the actions of its personnel.

SUBMISSION OF SERVICE/DELIVERY SLIPS

Service verification slips must be delivered to the Technical POC/Contracting Officer’s Representative (COR) following each on-site visit within one business day. Verification slips shall include the contract number, person’s name who performed the service, date of time of performance, duration of service, and the tasks performed. All verification slips must be signed by an authorized person for whom the service was performed. Failure to comply will result in a delay in payment.

MARK CONTRACT NUMBER ON ALL CORRESPONDENCE

Contractor must mark the contract or purchase order number on all paperwork and shipments. The order number must appear on the exterior of the shipment. Failure to follow these instructions will hold up payment to you and could result in the return of merchandise at your expense.

The Government is not soliciting for the “same old way” of doing business. The Government encourages proposals that will achieve savings through innovative processes. Furthermore, DLA Distribution personnel are working to eliminate unnecessary requirements and negotiating for a reduction in supplies/material prices. Therefore, your assistance is requested in reducing prices and improving our buying processes.

Questions shall be submitted in writing via e-mail to kathleen.toland@dla.mil.

The Government is not soliciting for the “same old way” of doing business. Furthermore, DLA Distribution personnel are working to eliminate unnecessary requirements and negotiating for a reduction in supplies/material prices. Therefore, your assistance is requested in reducing prices and improving our buying processes.

DESIGNATION OF COR/ALTERNATE COR

(a) The Contracting Officer (KO) will designate a COR/Alternate COR for this contract in writing prior to award of this order or contract. The COR/Alternate COR is responsible for monitoring progress and overall management of Contractor performance hereunder. In no event, however, shall any understanding or agreement, modification, change order, or other matter deviating from the terms of subject contract between the Contractor and any person other than the KO be effective or binding upon the Government, unless formalized by proper contractual documents executed by the KO prior to completion of this contract.

(b) On all matters that pertain to contract terms, the Contractor shall contact the KO. When, in the opinion of the Contractor, the COR/Alternate COR requests effort outside the existing scope of the order or contract, the Contractor shall promptly notify the KO in writing. The Contractor under such request shall take no action unless authorized by the KO that the request is within the scope of the contract or the KO has issued a contractual modification.

INSURANCE

The Contractor shall, at its own expense, provide and maintain during the entire period of any resulting contract, including any extensions granted by contract modification, at least the kinds and minimum amounts of insurance noted here:

Workers’ Compensation and Employer’s Liability - $100,000 (except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.)

General Liability- $500,000 per occurrence

Automobile Liability – Property damage $20,000 per occurrence, Bodily injury $200,000 per person and $500,000 per occurrence.

When requested by the Contracting Officer, the Contractor shall provide a copy of all subcontractors’ proofs of required insurance no later than five (5) days before each subcontractor commences work on the Government installation.

CLAUSES/ PROVISIONS

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.213-4 Terms and Conditions -- Simplified Acquisitions (Other Than Commercial Items) (Jan 2017)

FAR 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011)

FAR 52.219-28 Post-Award Small Business Program Representation (Jul 2013)

FAR 52.222-5 Construction Wage Rate Requirements – Secondary Site of the Work (May 2014)

FAR 52.222-6 Construction Wage Rate Requirements (May 2014)

FAR 52.222-7 Withholding of Funds (May 2014)

FAR 52.222-8 Payrolls and Basic Records (May 2014)

FAR 52.222-9 Apprentices and Trainees (Jul 2005)

FAR 52.222-10 Compliance with Copeland Act Requirements (Feb 1988)

FAR 52.222-11 Subcontracts (Labor Standards) (May 2014)

FAR 52.222-12 Contract Termination-Debarment (May 2014)

FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014)

FAR 52.222-14 Disputes Concerning Labor Standards (Feb 1988)

FAR 52.222-15 Certification of Eligibility (May 2014)

FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) FAR 52.227-4 Patent Indemnity -- Construction Contracts (Dec 2007)

FAR 52.228-11 Pledges of Assets (Jan 2012) http://farsite.hill.af.mil/

FAR 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014)

FAR 52.232-5 Payments Under Fixed-Price Construction Contracts (May 2014)

FAR 52.232-23 Assignment of Claims (May 2014)

FAR 52.232-27 Prompt Payment for Construction Contracts (Jan 2017)

FAR 52.236-2 Differing Site Conditions (Apr 1984)

FAR 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984)

FAR 52.236-5 Material and Workmanship (Apr 1984)

FAR 52.236-6 Superintendence by the Contractor (Apr 1984)

FAR 52.236-7 Permits and Responsibilities (Nov 1991)

FAR 52.236-8 Other Contracts (Apr 1984)

FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr

1984)

FAR 52.236-10 Operations and Storage Areas (Apr 1984)

FAR 52.236-11 Use and Possession Prior to Completion (Apr 1984)

FAR 52.236-12 Cleaning Up (Apr 1984)

FAR 52.236-13 Accident Prevention (Nov 1991)

FAR 52.236-14 Availability and Use of Utility Services (Apr 1984)

FAR 52.236-17 Layout of Work (Apr 1984)

FAR 52.236-21 Specifications and Drawings for Construction (Feb 1197)

FAR 52.236-26 Preconstruction Conference (Feb 1995)

FAR 52.242-14 Suspension of Work (Apr 1984)

FAR 52.243-5 Changes and Changed Conditions (Apr 1984)

FAR 52.246-12 Inspection of Construction (Aug. 1996)

FAR 52.246-21 Warranty of Construction (Mar 1994)

FAR 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984)

FAR 52.249-10 Default (Fixed-Price Construction) (Apr 1984)

DFARS 252.204-7000 Disclosure of Information (OCT 2016)

DFARS 252.204-7003 Control of Government Personnel Work Product (Apr 1992)

DFARS 252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials (Sep 2014)

DFARS 252.227-7033 Rights in Shop Drawings (APR 1966)

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Jun 2012)

DFARS 252.232-7010 Levies on Contract Payments (Dec 2006)

DFARS 252.236-7000 Modification Proposals--Price Breakdown (Dec 1991)

DFARS 252.236-7001 Contract Drawings and Specifications (Aug 2000)

DFARS 252.236-7005 Airfield Safety Precautions (Dec 1991)

DFARS 252.243-7001 Pricing of Contract Modification (DEC 1991)

DFARS 252.243-7002 Requests for Equitable Adjustment (Dec 2012)

DFARS 252.247-7023 Transportation of Supplies by Sea - Basic (Apr 2014)

DLAD 52.204-9000 Contractor Personnel Security Requirements (JUL 2015)

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to:

(a) commence work under this contract upon receipt of the Notice to Proceed (NTP) and shall

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 180 calendar days after receipt of the NTP.

The time stated for completion shall include final cleanup of the premises.

(End of clause)

FAR 52.225-9 Buy American Act–Construction Materials (May 2014)

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)).

The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of Clause)

FAR 52.228-13 Alternative Payment Protections (Jul 2000)

(a) The Contractor shall submit one of the following payment protections:

Payment Bond Irrevocable Letter of Credit (ILC)

(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 10 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.

DFARS 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) Definition. "Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

DFARS 252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (Feb 2014) substitutes the following paragraph (a) for paragraph (a) of the FAR 52.204-7 clause:

(a) Definitions. As used in this provision—

“System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database; and

(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and

(4) The Government has marked the record “Active.”

(End of Clause)

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

___2-IN-1 INVOICE___________

(Contracting Officer: Insert applicable document type(s).

Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

________NA____________________________

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC SL4701

Issue By DoDAAC SP3300

Admin DoDAAC SP3300

Inspect By DoDAAC SB3200 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

Ship To Code NA

Ship From Code NA

Mark For Code NA

Service Approver (DoDAAC) NA

Service Acceptor (DoDAAC) SB3300

Accept at Other DoDAAC NA

LPO DoDAAC NA

DCAA Auditor DoDAAC NA

Other DoDAAC(s) NA

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

___________ kathleen.toland@DLA.MIL and norman.dalsis@DLA.MIL__________________ (Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(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.

___________KATHLEEN.TOLAND@DLA.MIL______________________

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

PROVISIONS

FAR 52.204-7 System for Award Management (Oct 2016)

FAR 52.211-6 -- Brand Name or Equal.

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must— Meet the salient physical, functional, or performance characteristic specified in this solicitation; Clearly identify the item by— (i) Brand name, if any; and (ii) Make or model number; Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for:

AUGUST 7, 2017 at 10:00 AM PST

(c) Participants will meet at:

Defense Distribution Depot San Joaquin, California 25600 South Chrisman Rd Tracy, CA 95304 Job site location as shown on Project Location Map attachment Meet at Building 29A, Visitor Center Pass and ID Office at the Valpico Gate.

NOTE: Anyone intending to participate in the site visit must submit the following information to the COR (Norman Dalsis) by email at norman.dalsis@dla.mil (209) 839 – 4086, no later than close of business August 03, 2017

1) Name

2) Driver’s License (and state of issue)/ Government issued ID Info

3) Will be required to have current and valid vehicle registration and inspections upon arrival.

4) Statement of Citizenship (Are you a US citizen or not?)

5) Will you need a camera Pass (Yes) (No).

(End of provision)

DLAD 52.233-9001 Disputes: Agreement to use Alternative Dispute Resolution (ADR) (Dec 2016)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and legal counsel. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.

(c) If you wish to opt out of this clause, check here ( ). Alternate wording may be negotiated with the Contracting Officer.

(End of Provision) mailto:%20norman.dalsis@dla.mil