W50S8S22C0002 P01 Final.pdf
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- Attached to
- Construct Vehicle Service Rack Federal contract opportunity
- Solicitation number
- W50S8S22C0002
- Issued by
- Department of the Army National Guard
About this file
This award notice announces a firm fixed price construction contract awarded by the Department of the Army National Guard to Midwest Contracting, Inc. for $951,000. The contract, numbered W50S8S22C0002, is for the construction of a vehicle service rack at an Air National Guard facility in Toledo, Ohio. The award was made on February 24, 2022 to provide a 2,300 square foot facility in accordance with specifications and drawings dated September 17, 2020.
The contract is set aside for small businesses and involves the construction of a double bay open floor plan vehicle wash facility for military vehicles including snow removal equipment. Relevant details include a pre-bid conference date, instructions for questions, a bid due date of January 25, 2022, and performance period of 365 days after notice to proceed. Insurance requirements, wage determinations, and standard clauses are incorporated by reference.
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| Refueler_Abstract of OffersR1 Signed.xlsx | XLSX spreadsheet |
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Text version
F9F3CE2049AW01
WYTD182026; Title: Construct Vehicle Service Rack, this is the construction configured as a double bay open floor plan of approximately 2,300 square feet, and used to w ash military vehicle exteriors include snow removal equipment.
This project is being solicited as a Total Small Business Set-Aside. The North American Industry Classif ication System (NAICS) Code is 236220, and the Small Business Size Standard is $39,500,000.00. Construction project magnitude is betw een $500,000.00 and $1,000,000.00. A pre-bid conference and site visit has been scheduled. See Section 00100 – Instructions and Clause 52.236-27 for details. In accordance w ith FAR clause 52.228-1 Bid Guarantee, a bid bond is required w ith the Bid.
Funds are not presently available for this contract. The Government anticipates funds w ill become available prior to aw ard as this action has been identif ied on the National Guard priority list. No contract w ill be made until appropriated funds are made available. Aw ard w ill be made to the responsible bidder w hose bid conforms to the IFB and is most advantageous to the Government considering only price and price related factors.
X
CHRISTOPHER GONZALES 419-868-4142
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
24-Feb-2022
(RFP)
(IFB)
CALL:
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 _______30 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________
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 __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________25 Jan 2022 (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 X is, 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 _______60 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.
W50S8S22C0002P00001
7. ISSUED BY CODE
USPFO OH 180 MISSION SUPPORT CONTRACTING
2660 S EBER RD
SWANTON OH 43558-8752
W50S8S
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
W50S8S22B00010003 48
See Item 7
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
8PVB8
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:
SEE SCHEDULE
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
$951,600.00 See Schedule
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)
CODE F8770027. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
DFAS DEAMS-F87700
ACCTG DISB STA NR 387700, DFAS DEAMS, 27 ARKA
LIMESTONE ME 04751-6216
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR
MIDWEST CONTRACTING, INC.
CURTIS MUELEMAN
1428 ALBON RD
HOLLAND OH 43528-8683
15. TELEPHONE NO. (Include area code) 419-866-4560
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
X 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. REF:
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print) CHRISTOPHER GONZALES / CONTRACTING SUPERINTENDENT
TEL: 419-868-4142 EMAIL: christopher.gonzales.9@us.af.mil
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY 24-Feb-2022
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
W50S8S22C0002 P00001
Section SF 30 - Block 14 Continuation Page (SF 30)
RFI RESPONES
RFI
1 Question: Drawing Page C101- North west corner indicates a water pressure valve. Can you clarify if the pressure valve located on the existing water line is new or existing?
Response: There is no pressure valve at this location nor is one required at the location. Delete the annotation on the existing water line accordingly.
2 Question: Please confirm location of the existing sanitary manhole that the new 2” forced sanitary line is shown to connect to. It was not visible during the initial walk through onsite.
Response: Refer to amendment 1 showing the location of the existing sanitary line is in the asphalt parking lot north of bldg. 136.
3 Question: Glass mat faced gypsum sheathing is shown on the interior face of the exterior wall in Fire 101 & Utility 102. Section 09 29 00, 3.3 calls for joints of the glass mat sheathing to have silicone applied and troweled flat. If silicone is applied our assumption is that these walls will not be painted, please confirm this is correct.
Response: Glass Mat Faced Gyp is used at the interior side of exterior walls in Fire 101 and Utility 102. These surfaces are not scheduled to be painted.
4 Question: Please confirm who is responsible for any 3rd party testing required for the project.
Response:
a. Section 01 45 00.00 10 3.8 specifies testing procedures and requirements. Contractor to provide testing from a USACE approved lab.
b. Drawing S-002: Delete the sentence in paragraph 1 of Required Structural Inspections stating "Owner to provide Special Inspector", and, replace with "Contractor to provide Special Inspector".
c. Drawing S-002: Delete the sentence in paragraph 2 of Required Structural Inspections stating "Special Inspector shall be employed by the Owner and not the Contractor", and, replace with "Special Inspector shall be employed by the Contractor".
d. The intent is have the contractor furnish all required laboratory 3rd party testing and inspections.
5 Question: Please confirm required floor finish in all areas.
Response: Section 03 30 00 3.10.1.3 specifies a steel troweled finish at floors used for walking surfaces. This finish applies to all floors 6 Question: Are both sides of the CMU wall that forms Fire 101 & Utility 102 to receive the epoxy coating or just the vehicle bay side?
Response: Both sides of the CMU walls are to receive the epoxy coating.
7 Question: Fire Alarm - Based on Occupancy, we assume everything in the bay will need to be weatherproof. Please confirm.
Response: Yes, FA devices in bay to be weatherproof.
8 Question: Fire Alarm - 7 Horn Strobes are shown, however we believe speaker strobes would be required to meet UFC Standard. Please confirm.
Response: Mass notification is not required in this facility. Provide horn strobes.
9 Question: Fire Alarm - 2 Smoke Detectors are shown, given the location we believe heat sensors may be more appropriate. Please confirm.
Response: Delete smoke detectors and provide heat detectors per NFPA.
10 Question: Fire Alarm - No annunciators or LED signs are currently shown. Please confirm this is correct.
Response: Annunciators are not required.
11 Question: Fire Alarm - Are manual pull stations desired at the 2 exterior mechanical / riser rooms? Currently none shown.
Response: Provide a manual pull station (2 total) in each exterior mechanical & fire riser room.
12 Question: Fire Alarm - Per specs, “Prior to installation, submit data for approval by the EFA, Naval Facilities Engineering Command, is this NAVFAC managed?
Response: This is not required as this is a National Guard Facility.
13 Question: Fire Alarm - Please confirm the list of spare parts requested is accurate. We assume the printer, paper and other printer components will not actually be required.
Response: Delete the printer and all accessories and delete all spare parts related to the fire alarm system.
14 Question: Fire Alarm - Please confirm the fire alarm system should be programmed as called for in the specs, it is not common to program the system in this way anymore:
“Provide a notification appliance silencing switch which, when activated, will silence the audible signal appliance, but will not affect the visual alarm indicator, the liquid crystal display, or the automatic notification of the central station service. The switch shall be overridden upon activation of a subsequent alarm.”
Response: Fire alarm system programming with silencing switch not required. Program Fire Alarm System per UFC 3-600-01 and UFC4-021-01 as required for notification/initiation appliance device networks. Audio and visual networks to meet NFPA 72 and UFC requirements.
15 Question: The 6” water line shown to the building is called out as PVC in one location and 6” fire line after the PIV Valve. Please confirm desired materials for the new water line.
Response: C-900 PVC is acceptable.
16 Question: What stone subbase thickness under the building slab
Response: Place a 6 mil visqueen capillary break over a minimum of 6 inches of fine aggregate below all concrete slabs. The subgrade should be thoroughly proofrolled to indentify any soft, wet or weak zones prior to placement of subbase stone or concrete.
17 Question: Is there a soils report available?
Response: Soils reports is provided as separate attachment for reference only and does not change any design requirements of the contract documents.
18 Question: Our Overhead Door suppliers have expressed that the style of door requested for this project only goes up to 20' width. Per the Door schedule it is calling for a 22' wide door. Please advise. Also, The lead time for these overhead doors is unknown but per past experience with these doors, we are looking at 8-10+ months.
Response: Question does not indicate which suppliers have been contacted or researched. Doors with insulated steel slats and wind resistance of 20 PSF are available in widths of 24’-0 to 26’-3” from several national manufacturers such as Cookson and Rytec or equal. Many companies also offer custom widths. Note that the project specifications are generic per FAR and as such, do not name manufacturers. The Project has been extended to 365 days after NTP allowing lead time needed for an 8-10 month delivery of doors.
RFI RESPONSES
The following have been added by full text:
RFI RESPONES
RFI
19 Question The drawings currently show rigid insulation over the wall girts (2’ OC) with a self-adhering air barrier applied over the foam. Liner panel then shown on the interior of the building. The suppliers we’ve been dealing with are having a difficult time finding an air barrier that can be applied direct to the foam. Is there a basis of design that the architect used for the spec that will work in this application? In the past we have used the Ultra Wall System from Dow / Dupont which certifies that once the joints between the rigid insulation have been sealed it will act as an air barrier and water resistive barrier – No additional air barrier required - but there doesn’t appear to be a direct application for this type of construction. See attached literature on the system.
The heated refueler building used insulated metal wall panels and thermal blocks in the roof to achieve the continuous insulation and may be an alternate to consider.
Response: Wall construction:
The wall panels will be a 3" thick insulated metal panel, 36" wide panel with a minimum R-value of 23. The profile will be equal or similar to the Metl-Span CF Light Mesa profile. Exterior face of the panel shall be 24 ga. and the interior face of the panel shall be 26 Ga. Exterior face of panel shall be embossed. Delete liner panels and paint all exposed steel.
Roof Construction:
ROOF SYSTEM PROFILE #1:
The installed roof system shall have a minimum R-value of 30.
Roof panels: 24 Gauge SSR standing seam roof system with a Kynar finish. Panels shall provide 24" wide net coverage having 3" high major ribs formed at the panel side laps. Side joints shall have a factory applied sealant and shall require mechanical field seaming of the side lap joint after the panel has been positioned on the roof. Special clips shall be used to attach the SSR roof panels to the supporting members and shall be designed to allow 2” of panel movement to compensate for thermal effects. Thermal blocks 1" thick shall be provided over the roof purlins.
A U.L. 90 roof uplift rating is provided.
Roof insulation: Provide 2 layers of fiberglass insulation one faced to serve as moisture/air barrier and one unfaced for a total minimum R-value of 30. Insulation system shall be equal or similar to Varco Pruden's Thermal Lift system.z Warranties are as noted in the specifications.
OR,
ROOF SYSTEM PROFILE #2:
Provide a 4” thick pre-insulated standing seam metal roof system with an R-value of 30. Seam is a minimum of 2” high. Exterior surface is 24 gauge galvanized coated steel with Kynar 500/Hylar5000 coatings. Interior surface is 26 gauge steel with Kynar finish. Provide concealed fastener system. Roofing system shall provide a U.L. 90 uplift rating. Delete liner panels and paint all exposed steel.
Warranties are as noted in the specifications.
20 Question Can you please provide an asphalt typical section for the project which provides the contractor both thicknesses and type of asphalt to be used.
I would guess something like a 4” 301 Asphalt Base topped with 2” of #448 Type 1 Surface with PG 64-22 liquid.
Response: The typical asphalt pavement repair shall be"
1. Compacted subgrade.
2. 8" of ODOT #304s compacted to 98% maximum density.
3. 2" of Type 448 intermediate course
4. 2" of Type 448 surface course.
Proposed binder is acceptable.
Section 00 10 00 - Solicitation
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job $951,600.00 $951,600.00
BASE BID FOR PROJECT NUMBER WYTD182026
FFP
Non personal services: Provide all plant, labor, new and current material, transportation, tools, equipment, appliances, supplies, services, permits, insurance and supervision necessary to contract a new approximately 2,300 SF facility in accordance specs dated 17 September 2020 and drawings dated 17 September 2020.
FOB: Destination
MFR PART NR: Y1JZ
PURCHASE REQUEST NUMBER: F9F3CE2049AW01
SIGNAL CODE: A
PSC CD: Y1JZ
NET AMT $951,600.00
ACRN AA
CIN: 00000000000007468673
$951,600.00
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 365 dys. ANP F9F3CE - 180TH CES
ROGER NIENBERG
2660 SOUTH EBER ROAD
SWANTON OH 43558-8752
419-868-4006 FOB: Destination
F9F3CE
ACCOUNTING AND APPROPRIATION DATA
AA: 5723840 582 41H4 374449 01 52400 52276F 387700 F87700
AMOUNT: $951,600.00
ACRN CLIN/SLIN CIN AMOUNT
AA 0001 00000000000007468673 $951,600.00
INSTRUCTIONS, CONDITIONS, AND
SECTION 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
1. Description of the Project: Construct Vehicle Service Rack
2. Instructions to Bidders:
2.1. You are invited to submit a bid in response to our Invitation for Bids (IFB) for Construct
Vehicle Service Rack, W50S8S22B0001, Project Number WYTD182026, at Toledo OH ANGB.
2.2. As a result of this solicitation, the Government intends to award a Firm Fixed Price (FFP) contract resulting from this solicitation to the responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Government, considering only price.
2.3. 1 This solicitation is set-aside 100% for small businesses.
3. NOTICE OF PRE-BID CONFERENCE AND SITE VISIT:
3.1. A pre-bid conference will be conducted on December 22, 2021 at 10:00 AM ESTfor the purposes of briefing on the bid requirements and answering questions regarding this solicitation. This conference will be held at Ohio Air National Guard, 2660 S. Eber Rd., Swanton Ohio 43558, Bldg 150, CE Training Room. Interested Contractors are highly encouraged to attend the pre-bid conference. The site visit will be held following the conference.
3.2. Due to security conditions, all offerors must register to attend this conference and site visit. Email the following information for all attendees to Christopher Gonzales and Darrell Maxwell at the following addresses: 180.FW.Contracting@us.af.mil
Firm Name and Telephone Number Visitor’s Name Drivers License
3.3. This information must be provided in advance, 3 business days prior to the meeting, in order to ensure access to the military base and conference site and ensure adequate seating for the conference attendees. Even if you have access to the base you must register to ensure adequate seating.
The furnishing of the above information is voluntary; however, your failure to furnish all or part of the requested information may result in the Government’s denial of your access to the pre-proposal conference. This information will be provided to the Base Security Forces who will authorize your entrance to the site.
3.4. Visitors will be required to present the following information upon arrival: (1) Vehicle
Registration, (2) Valid Drivers License, (3) Proof of Insurance for Vehicle, (4) Safety Inspection and Car Rental agreement if applicable. Any of the above information furnished by you is protected under the Privacy Act and shall not be released unless permitted by law and/or you have consented to such.
3.5. Information provided at this conference or site visit shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications 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.
3.6. A record of the conference shall be made and furnished to all prospective bidders via posting at www.SAM.gov. The record will include minutes of the meeting, including questions (on a non-attribution basis) and answers.
4. FORMAL COMMUNICATION, OFFEROR EXPLANATIONS:
4.1. Submit all questions in the format shown below by email to the contracting office at the addresses show below. Do NOT contact AE or Engineering personnel directly. Doing so will only delay your answer. All questions must come through the Contracting Office.
Subject Line: Reference No. SOLICITATION W50S8S22B0001 Email: 180.FW.Contracting@us.af.mil
PRE-BID INQUIRY FORMAT
Date of Bid Inquiry: _______________
From: ______________________________ Company Name: ________________________________
Address:_____________________________________________________________________________
Phone Number: _____________________________ Fax Number:______________________________
Email address: ________________________________________________________________________
Bid Inquiry: (Please clearly state your question) (If sent via an attachment word docs are preferred to facilitate posting of answers to the master Q&A document.)
4.1. Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation, or proposals, drawings, specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach bidders before the submission of their bid.
4.2. All questions and requests for information (RFI) must be received NOT LATER THAN the fifth2 working day prior to bid opening. OFFERORS ARE STRONGLY ENCOURAGED TO
SUBMIT QUESTIONS EARLY IN THIS PROCESS.
4.3. Any changes to the drawings, specifications, etc. will be issued in the form of an amendment. However, any answers that clarify or provide an interpretation to the drawings, specifications, etc. will NOT be posted via amendment but rather as a response to the RFI on SAM.gov at https://www.SAM.gov.
4.4. Receipt by the offeror must be acknowledged in the space provided on the SF 1442 or by returning a signed copy of the amendment by the time set for receipt of bids.
4.5. 3 For security reasons, all technical and engineering data related to this solicitation will be distributed using the Contract Opportunities (SAM.gov) system. Plans and specifications are locked on SAM.gov and require Contractors to request explicit access from the Contracting Officer OR export controlled access through DLA. See complete instructions on SAM.gov. SAM.gov is a web-based dissemination tool designed to safeguard acquisition-related information for all Federal agencies.
Interested bidders/offerors must register with SAM.gov before accessing the system.
4.5.1. Amendments, if/when issued will be posted to https://www.SAM.gov for electronic downloading. This will normally be the only method of distributing amendments prior to closing; therefore, it is the offerors responsibility to check the website periodically for any amendments to the solicitation. Websites are occasionally inaccessible due to various reasons.
5. BID REPOSITORY AND BID OPENING:
5.1. A bid repository is provided for hand carried bids and is located at 180th FW, Contracting
Office, Bldg 150, 2660 S. Eber Rd., Swanton, OH 43558 . Hand carried bids must be deposited in the repository prior to the time established for opening of bids. Bidders are cautioned that they will be required to sign-in to enter the facility and should allow time to accomplish this. See instructions for obtain access to the base in the Site Visit instruction. Follow the same instruction for obtaining entry to hand carry bid. Late receipt of bids due to entry delays may not be deemed excusable and the Contracting Officer may declare the bid “late” in accordance with FAR 14.304.
5.2. The bid opening will occur at the time and date specified in Block 13 of the SF1442
USPFO OH 180 MISSION SUPPORT Contracting, Bldg 150 Training Conference Room, 2660 S.
Eber Rd., Swanton, OH 43558. All interested offerors and their major subcontractors are encouraged to attend the bid opening.
6. WAGE DETERMINATION:
6.1. Construction Wage Rates are applicable to this project are OH20210088 MOD 05 as shown in Section 00800.
7. BID PREPARATION EXPENSES AND PRE-CONTRACT COSTS: This IFB does not commit the
Government to pay costs incurred in preparation and submission of bids or for other costs incurred prior to award of a formal contract.
8. CLAUSES:
8.1. Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.
9. DISPOSITION OF UNSUCCESSFUL BIDS:
In compliance with FAR Subpart 4.8, the Government will retain one copy of all unsuccessful bids including the bid bond.
10. OFFERORS QUALIFICATIONS:
To establish its responsibility, the apparent low bidder may be requested by the Government prior to award, to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial and bonding resources and plant available to be used in performing the work. This action may be requested to determine if the contractor is responsible.
Section 00 21 00 - Instructions
CLAUSES INCORPORATED BY REFERENCE
52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.203-13 Contractor Code of Business Ethics and Conduct JUN 2020 52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
JUN 2016
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
DEC 2021
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.210-1 Market Research JUN 2020 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data -- Modifications
JUN 2020
52.219-8 Utilization of Small Business Concerns OCT 2018 52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.252-2 Clauses Incorporated By Reference FEB 1998 252.232-7017 Accelerating Payments to Small Business Subcontractors--
Prohibition on Fees and Consideration
APR 2020
252.236-7008 Contract Prices-Bidding Schedules DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 30 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 270 calendar days. The time stated for completion shall include final cleanup of the premises.
(End of clause)
52.219-14 LIMITATIONS ON SUBCONTRACTING (SEP 2021)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that--
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to--
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
(4) Orders expected to exceed the simplified acquisition threshold and that are--
(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);
(5) Orders, regardless of dollar value, that are--
(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for--
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause--
___ By the end of the base term of the contract and then by the end of each subsequent option period; or
X By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph
(e) of this clause will be performed by the aggregate of the joint venture participants.
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC F87700
Issue By DoDAAC W50S8S
Admin DoDAAC** W50S8S
Inspect By DoDAAC ____
Ship To Code W50S8S
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) ____
Service Acceptor (DoDAAC) W50S8S
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
Section 00 45 00 - Representations and Certifications
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)
(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 an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition--
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(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 assigned to contract number .
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that--
(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.
[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--
(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.
(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[Contractor to sign and date and insert authorized signer's name and title.]
Section 00 70 00 - Conditions of the Contract
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
Section 00 72 00 - General Conditions
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2020
52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime
Compensation
MAY 2018
52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 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 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for
Construction
APR 2015
52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons OCT 2020 52.222-54 Employment Eligibility Verification OCT 2015 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
52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-7 Notice Of Radioactive Materials JAN 1997 52.223-10 Waste Reduction Program MAY 2011 52.223-11 Ozone-Depleting Substances and High Global Warming
Po…
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