W50S9J-22-B-0001 Solicitation Bead Blast Clean Room 130AW.pdf
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- Solicitation number
- W50S9J-22-B-0001
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| W50S9J-22-B-0001-0002 Amendment Closing to 15Apr22.pdf | ||
| W50S9J-22-B-0001-0001 Amendment Pre-Bid Conf.pdf | ||
| Blast Rm_A2.pdf | ||
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Text version
F6K3CE2005AQ02
Document Type: Synopsis/Solicitation Notice Classif ication: Z1GZ Set Aside: Small Business NAICS Code: 238290
Renovation of the existing f loor in rooms 109 & 110 of building 407 to make connections to the existing UG sanitary sew er for new show er, w asher, lavatory sink and janitorial sink. The w ork w ill also include installing all needed plumbing, and making the necessary electrical connections to the new f ixtures as w ell as saw -cutting an opening in the existing exterior w all for a new exterior door. See Statement of Work (SOW) for further details
X
MSGT ROBERT A BARKER 304-341-6292
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
09-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 _______5 calendar days and complete it w ithin ________30 calendar days after receiving aw ard, X notice to proceed. This performance period is 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 ______________15 Mar 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 is, X is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______30 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
USPFO WV 130 MISSION SUPPORT CONTRACTING
1679 COONSKIN DR UNIT 36
CHARLESTON WV 25311-1023
W50S9J
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
10:00 AM (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:
W50S9J22B0001 52
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
CODE FACILITY CODE
17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified)
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print)
TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
W50S9J22B0001
Section 00010 - Solicitation Contract Form
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job
MODIFICATIONS TO BEAD BLAST CLEAN ROOM
FFP
FY22 F41K858 - MODIFICATIONS TO BEAD BLAST CLEAN ROOM BLDG
407 - SEE STATEMENT OF WORK (SOW) FOR FURTHER DETAILS
FOB: Destination
MILSTRIP: F6K3CE2005AQ0201
MFR PART NR: BUILDING REVOVATIONS
PURCHASE REQUEST NUMBER: F6K3CE2005AQ02
SIGNAL CODE: A
PSC CD: Z1GZ
NET AMT
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
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 30 dys. ANP 1 F6K3CE 130 AW CIVIL ENGINEERING
HARRY NETZER
1679 COONSKIN DR
CHARLESTON WV 25311-5005
(304)341-6649 FOB: Destination
F6K3CE
SECTION 0010
TABLE OF CONTENTS
SOLICITATION, OFFER, AND AWARD SF 1442 and SF 1442 BACK
SECTION 00010 - BID SCHEDULE, NOTES
SECTION 00100 - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS
SECTION 00600 – REPRESENTATIONS & CERTIFICATIONS
SECTION 00700 - CONTRACT CLAUSES
SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS
ATTACHMENT 1 – STATEMENT OF WORK (SOW)
ATTACHMENT 2 – SECURITY PROCEDURES AT 130 AW
ATTACHMENT 3 – DRAWINGS A1, A2, E1, P1 (SEPARATE FILES DUE TO SIZE)
SECTION 00010 NOTES
NOTES
1. All information relating to this IFB, including pertinent changes/amendments and information will be posted on web site: www.sam.gov under Contract Opportunities
2. Facsimile transmission of bid is not authorized. Electronic submission of bids will be accepted.
3. All information relating to this IFB, including pertinent changes/amendments and information will be posted on web site: www.sam.gov under Contract Opportunities For security reasons, all potential offerors, plan rooms and printing companies are required to be registered in the GSA System for Award Management (SAM) database. Firms can register via the SAM internet site at https://www.sam.gov/portal/public/SAM/. Interested bidders are required to submit their representations and certifications at the same site.
4. RESERVED
5. A complete bid package must contain the following:
(a) Offer, Standard Form (SF) 1442 front and back signed
(b) Section 00010 Line Items- all items must be priced
(c) An Original Bid Bond and original Power of Attorney is required along with the bid on the due date.
(d) Section 00600, Representations and Certifications, completed and return only additional certifications found in this section In addition, the offeror must have entered current and complete data within the past year in Online Representations and Certifications at www.sam.gov.
(e) When completing the “Offeror” portion of the SF 1442 (Blocks 14 – 20), an official having the authority to contractually bind the company must sign the SF 1442 in accordance with FAR 4.102.
One copy of the SF1442 is required to have an original signature.
(f) All amendments to the solicitation must be acknowledged.
(g) Mark the front of the envelope with the following: “BID No. W50S9J-22-B-0001”, and the Name and
Address of Bidder. See Block 13A of SF 1442 for required number of copies.
6. Joint Venture Requirements - Parties wishing to propose as a joint venture must submit, with the Pro Forma documents, an executed copy of the joint venture agreement. The joint venture agreement shall be executed in accordance with FAR 4.102(d). Each joint venture partner shall submit evidence satisfactory to the Contracting Officer that its Board of Directors has approved its participation in the joint venture or by an instrument of similarly binding character in the case of an unincorporated entity. Offerors are reminded that to obtain an award the awardee, to include a joint venture, must be registered in the System for Award Management (SAM) database. Applicable to set-aside solicitations: Joint Ventures must meet applicable size standards (See FAR Subpart 19.1). Submit with the proposal any size determination for the Joint Venture entity received from the Small Business Administration. A Joint Venture where-in one party is not a small business may be referred to the Small Business Administration ( IAW FAR 19.302 (b)) to determine eligibility. All questions regarding Joint Ventures must be directed to the Small Business Administration (SBA) and not the Contracting Officer.
NOTE: An Original Bid bond and Original Power of Attorney is required with submission of the bid.
The bid bond is due on the date as stated on the SF1442 block 13. The bid bond must be on a SF24 form.
Rejection of a bid bond shall be in accordance with FAR 28.101-4 Noncompliance with bid guarantee requirements.
End of Section 00010 word document
Section 00100 - Bidding Schedule/Instructions to Bidders
SECTION 00100
SECTION 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
1. Description of the Project: Bldg 407 Bead Blast Clean Room Updates
2. Instructions to Bidders:
2.1. You are invited to submit a bid in response to our Invitation for Bids (IFB) entitled) W50S9J-22-B-0001 entitled Bldg 407 Bead Blast Clean Room Updates at the 130th Airlift Wing (AMC), 1679 Coonskin Drive, Charleston, West Virginia 25311.
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. This solicitation is set-aside 100% for small businesses. In accordance with FAR Clause 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business concerns the HUBZone preference of 10% is applicable.
3. RESERVED.
4. NOTICE OF PRE-BID CONFERENCE AND SITE VISIT:
4.1. A pre-bid conference will be conducted on February 23, 2022, 9:00am EST for the purposes of briefing on the bid requirements and answering questions regarding this solicitation. This conference will be held at 130th Airlift Wing, Base Civil Engineering Classroom, 1679 Coonskin Drive, Charleston, WV 25311. Interested Contractors are highly encouraged to attend the pre-bid conference. The site visit will be held following the conference.
4.2. Due to security conditions, all offerors must register to attend this conference and site visit. Email the following information for all attendees to MSgt Robert Barker and Maj Harry Netzer at the following addresses:
robert.barker.9@us.af.mil and harry.netzer@us.af.mil
Firm Name and Telephone Number Visitor’s Name and Social Security No.
Drivers License Citizenship
4.3. This information must be provided in advance, 2 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.
4.4. Visitors must pick up their passes at the Installation’s Main Entry Gate prior to arrival. You 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.
4.5. 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.
4.6. A record of the conference shall be made and furnished to all prospective bidders via posting at http://www.fbo.gov. The record will include minutes of the meeting, including questions (on a non-attribution basis) and answers.
5. FORMAL COMMUNICATION, OFFEROR EXPLANATIONS:
5.1. 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 W50S9J-22-B-0001 Email: robert.barker.9@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 fifth (5th) 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 Contract Opportunties on 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. 1For security reasons, all technical and engineering data related to this solicitation will be distributed using the Contract Opportunities section of the System for Award Management (SAM) www.sam.gov system. Plans and specifications are locked on SAM and require Contractors to request explicit access from the Contracting Officer OR export controlled access through DLA. See complete instructions on SAM. Contract Opportuntiies is a web-based dissemination tool designed to safeguard acquisition-related information for all Federal agencies. Interested bidders/offerors must register with SAM before accessing the system.
4.5.1. Amendments, if/when issued will be posted to Contract Opportunities on 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.
6. BID REPOSITORY AND BID OPENING:
6.1. A bid repository is provided for hand carried bids and is located at 130th Airlift Wing Base Contracting
Office, Bldg 141, Room 2069 at 1679 Coonskin Drive, Charleston, WV 25311. 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 and obtain a visitor’s pass 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.
6.2. The bid opening will occur at the time and date specified in Block 13 of the SF1442 130th Airlift Wing, Base Contracting Office, 1679 Coonskin Drive, Charleston, WV 25311. All interested offerors and their major subcontractors are encouraged to attend the bid opening.
7. WAGE DETERMINATION:
7.1. Construction Wage Rates are applicable to this project are shown in Section 00800.
8. 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.
9. CLAUSES:
9.1. 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.
10. 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.
11. 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.
12. RESERVED.
13. RESERVED.
TAG POLICY
Section 00600 - Representations & Certifications
CLAUSES INCORPORATED BY REFERENCE
52.204-8 Annual Representations and Certifications JAN 2022 52.204-24 Representation Regarding Certain Telecommunications and
Video Surveillance Services or Equipment
DEC 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
DEC 2021
52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-10 Contract Award--Sealed Bidding JUL 1990 52.214-12 Preparation Of Bids APR 1984 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.219-2 Equal Low Bids OCT 1995 52.219-28 Post-Award Small Business Program Rerepresentation SEP 2021 52.222-23 Notice of Requirement for Affirmative Action to Ensure
Equal Employment Opportunity for Construction
FEB 1999
CLAUSES INCORPORATED BY FULL TEXT
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code:
Immediate owner legal name: ___
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity?:
[ ___ ] Yes or [ ___ ] No.
(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
Highest-level owner legal name:
(Do not use a ``doing business as'' name)
(End of provision)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a FIRM FIXED-PRICE contract resulting from this solicitation.
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (DFARS) (48 CFR Chapter 200) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
Section 00700 - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.203-18 Prohibition on Contracting With Entities That Require Certain
Internal Confidentiality Agreements or Statements-- Representation
JAN 2017
52.204-2 Security Requirements MAR 2021 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
DEC 2021
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
DEC 2021
52.204-26 Covered Telecommunications Equipment or Services-- Representation.
OCT 2020
52.207-1 Notice Of Standard Competition MAY 2006 52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008).
OCT 2020
52.219-6 Alt I Notice of Total Small Business Set-Aside (NOV 2020) Alternate I
MAR 2020
52.219-13 Notice of Set-Aside of Orders MAR 2020 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2021-O0008) SEP 2021 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 52.222-29 Notification Of Visa Denial APR 2015 52.222-30 Construction Wage Rate Requirements--Price Adjustment
(None or Separately Specified Method)
AUG 2018
52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons DEC 2021 52.222-55 Minimum Wages Under Executive Order 13658 JAN 2022 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.225-10 Notice of Buy American Requirement--Construction Materials
MAY 2014
52.225-13 Restrictions on Certain Foreign Purchases DEC 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
JUN 2020
52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-15 Progress Payments Not Included APR 1984 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-32 Performance-Based Payments APR 2012 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2021
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.242-14 Suspension of Work APR 1984 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.245-9 Use And Charges APR 2012 52.246-21 Warranty of Construction MAR 1994 52.249-1 Alt I Termination for Convenience of the Government (Fixed-price) (Short Form) (Apr 1984) - Alternate I
APR 1984
52.249-2 Alt I Termination for Convenience of the Government (Fixed- Price) (Apr 2012) - Alternate I
SEP 1996
52.252-4 Alterations in Contract APR 1984 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7007 Alternate A, Annual Representations and Certifications MAY 2021 252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7008 Contract Prices-Bidding Schedules DEC 1991
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property
APR 2012
252.245-7002 Reporting Loss of Government Property JAN 2021 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for
Military Operations
OCT 2010
CLAUSES INCORPORATED BY FULL TEXT
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee's employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
(End of Clause)
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 5 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 30 days. The time stated for completion shall include final cleanup of the premises.
(End of clause)
52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (NOV 2021)
(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 product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (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) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-
(i) An unmanufactured construction material mined or produced in the United States; or
(ii) A construction material manufactured in the United States, if--
(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 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. Components of unknown origin are treated as foreign; or
(B) The construction material is a COTS item; or
(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".
Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign construction material means a construction material other than a domestic construction material.
Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements 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 domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (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 product 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 Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;
(ii) The application of the restriction of the Buy American Act 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 Act. (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... ....... ___ .................. ............. ___ ................. ....... ___ [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].
[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.]
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from
1) Protests to the independent review authority shall be filed at:
Office of Chief Counsel ATTN: NGB Protest Decision Authority 111 South George Mason Drive Arlington, VA 22204-1373
2) Protest to the Contracting Officer shall be filed at:
130th Airlfit Wing Base Contracting Office ATTN: MSgt Robert Barker 1679 Coonskin Drive Charleston, WV 25311
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (DFARS) (48 CFR 200) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
Section 00800 - Special Contract Requirements
WAGE DETERMINATION
"General Decision Number: WV20220038 01/07/2022
Superseded General Decision Number: WV20210038
State: West Virginia
Construction Type: Building
County: Kanawha County in West Virginia.
BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories)
Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).
If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022, Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022.
If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022, Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $11.25 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022.
The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date 0 01/07/2022
ASBE0002-002 08/01/2021
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR........................$ 43.15 36.5
BOIL0667-005 01/01/2021
Rates Fringes
BOILERMAKER......................$ 41.63 26.38
* BRWV0009-006 12/01/2021
Rates Fringes
BRICKLAYER
Bricklayer & Brick Pointer/Caulker/Cleaner.....$ 30.15 25.24
* BRWV0009-007 12/01/2021
Rates Fringes
TILE SETTER......................$ 30.15 25.24
* BRWV0009-008 12/01/2021
Rates Fringes
MASON - STONE....................$ 30.15 25.24
* BRWV0015-014 06/01/2021
Rates Fringes
TILE FINISHER....................$ 24.68 21.22
CARP0439-003 12/01/2020
Rates Fringes
CARPENTER (Including Drywall Hanging, Form Work, Scaffold Builder and Floor Laying - Carpet, Hardwood, Resilient and Vinyl).......................$ 30.03 23.65
CARP0443-009 05/01/2021
MILLWRIGHT.......................$ 35.50 26.75
ELEC0466-010 06/01/2021
Rates Fringes
ELECTRICIAN (Including Low Voltage Wiring)..................$ 38.15 21.97
ENGI0132-011 12/01/2018
Rates Fringes
POWER EQUIPMENT OPERATOR:
GROUP 1.....................$ 39.56 19.20
GROUP 2.....................$ 39.21 19.20
GROUP 3.....................$ 38.21 19.20
GROUP 4.....................$ 27.71 19.20
GROUP 1: All Friction Cranes, Tower Cranes and all Cranes with 180 ft. or more of boom including mast and jibs or lifting capacity of 100 tons or more and hoists with 30,000 pound line pull or more, Mechanics with tools with 3/4 inch drive and below
GROUP 2: Operating Cranes and Tower Cranes with a lifting capacity of 15 tons and over
GROUP 3: Backhoe, Bulldozer, Excavator, Forklift, Non-Farm Type Tractor, all other Cranes, all other Mechanics
GROUP 4: Bobcat/Skid Steer/Skid Loader, Farm Type Tractor, Loader
IRON0301-006 12/01/2016
Rates Fringes
IRONWORKER (Reinforcing and Structural)......................$ 33.77 20.60
IRON0549-006 12/01/2021
Rates Fringes
IRONWORKER (Ornamental)..........$ 34.44 24.61
LABO1353-005 12/01/2020
Rates Fringes
LABORER
GROUP 1.....................$ 24.16 17.25
GROUP 2.....................$ 24.78 17.25
GROUP 3.....................$ 25.62 17.25
GROUP 1: Carpenter Tender, Common or General, Demolition, Landscape, Water Boy
GROUP 2: Bobcat Operator (Clean up/Demolition), Chipping Guns, Concrete Saw (Hand Held/Walk Behind), Concrete Worker, Fence Erection, Grade Checker, Jack Hammer, Mason Tender-Brick, Mason Tender-Cement/Concrete, Mortar Mixer, Scaffold Builder (Brick and Masonry), Skytrak Forklift Operator, Tamper (Hand Held), Wacker Roller Operator
GROUP 3: Pipelayer
PAIN0970-008 12/01/2021
Rates Fringes
PAINTER (Drywall Finishing/Taping; Brush, Roller and Spray)................$ 29.85 17.70
PAIN1195-002 12/01/2020
Rates Fringes
GLAZIER..........................$ 31.50 14.13
PLAS0926-010 06/01/2018
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 31.63 21.26
PLASTERER........................$ 30.06 20.36
PLAS0926-011 06/01/2018
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 31.63 21.26
PLASTERER (EIFS).................$ 30.06 20.36
PLUM0083-004 07/01/2021
Rates Fringes
PIPEFITTER.......................$ 34.02 35.38
PLUM0565-004 07/01/2021
Rates Fringes
PLUMBER..........................$ 39.00 29.88
ROOF0034-003 05/01/2020
ROOFER...........................$ 29.00 15.21
SHEE0033-013 12/01/2020
Rates Fringes
SHEET METAL WORKER (Includes HVAC Duct Installation)..........$ 31.32 25.55
TEAM0175-005 10/01/2020
Rates Fringes
Truck drivers:
GROUP 2.....................$ 29.81 18.55
GROUP 3.....................$ 29.96 18.55
TRUCK DRIVER CLASSIFICATIONS
GROUP 2 - Dump Truck (Up to 5 cu. yds.), Water Tank Truck (Straight)
GROUP 3 - Dump Truck (5 cu. yds. & over), Tractor Haul Truck, Water Tank Truck (Semi)
* UAVG-WV-0026 01/01/2019
Rates Fringes
LABORER (Power Tool Operator)....$ 23.10 16.75
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or…
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