W50S9J-22-C-0001 Bead Blast Clean Room Updates.pdf
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- Solicitation number
- W50S9J-22-C-0001
- Issued by
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Department of the Army National Guard
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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
17-May-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 ________60 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 ______________15 Apr 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.
W50S9J22C0001
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:
W50S9J22B00010002 46
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
4TH16
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
$95,043.00 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-LIMESTONE-F87700
DFAS DEAMS 27 ARKANSAS RD
LIMESTONE ME 04751-6216
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR
KAR CONTRACTING, LLC
KENNETH REYNOLDS
2340 LITTLE HURRICANE CREEK RD
PRICHARD WV 25555-7625
15. TELEPHONE NO. (Include area code) 304-648-7540
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) MSGT ROBERT A BARKER / CONTRACTING OFFICER
TEL: 304-341-6292 EMAIL: robert.barker.9@us.af.mil
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY 17-May-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
Ken Reynolds, Manager, KAR Contracting, LLC
May 17, 2022
W50S9J22C0001
Section 00010 - Solicitation Contract Form
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job $95,043.00 $95,043.00
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 $95,043.00
ACRN AA
CIN: 00000000000007336011
$95,043.00
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 90 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 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)
End of Section 00010 word document
Section 00700 - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
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 52.204-2 Security Requirements MAR 2021 52.204-13 System for Award Management Maintenance OCT 2018 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
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities
DEC 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
DEC 2021
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
DEC 2021
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
52.219-14 (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
52.225-13 Restrictions on Certain Foreign Purchases FEB 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 52.232-17 Interest MAY 2014 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 52.249-10 Default (Fixed-Price Construction) APR 1984 52.252-4 Alterations in Contract APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
DEC 2019
252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--
Prohibition on Fees and Consideration
APR 2020
252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7008 Contract Prices-Bidding Schedules DEC 1991
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.]
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
www.acquisition.gov
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 ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union, which prevailed in the survey for this classification, which in this example would be Plumbers 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Division National Office Branch of Wage Surveys. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION"
ACCOUNTING AND APPROPRIATION DATA
AA: 5723840 582 41K8 374436 01 52400 52278F 387700 F87700
AMOUNT: $95,043.00
ACRN CLIN/SLIN CIN AMOUNT
AA 0001 00000000000007336011 $95,043.00
SECTION 010000
Section 010000 Division 01 – General Requirements
1. INSURANCE - MINIMUM AMOUNTS
1.1. Reference Contract Clause titled, “Insurance -Work on a Government Installation (FAR 52.228-5). Kinds and minimum amounts are as follows:
KIND AMOUNTS
Workmen’s Compensation $100,000 (see paragraph 1.2, below)
Comprehensive General Liability $500,000 per occurrence for bodily injury
Comprehensive Automobile Liability $200,000 per person and $500,000 per accident for bodily injury and $20,000 for property damage
(If applicable) $200,000 per person and $500,000 per occurrence Aircraft Public and Passenger for bodily injury, other than passenger Liability liability and $200,000 per occurrence for property damage; coverage for passenger liability bodily injury shall be at least
$200,000 multiplied by the number of seats $200,000 multiplied by the number of seats or passengers, whichever is greater
1.2. Except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.
1.3. NOTE: Before commencing work under this contract, the Contractor shall certify to the Contracting
Officer, in writing, that the required insurance has been obtained. The policies referenced in the certification (s) shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. The Contractor shall maintain a copy of proofs of required insurance, and shall make copies available to the Contracting Officer upon request. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.
2. Reserved.
3. SCHEDULING
3.1. Normal base work hours for the Contractor will be between the hours of 7:00 AM through 4:30 PM, excluding Saturdays, Sundays, and Federal Holidays. If the Contractor desires to work during periods other than above, he must notify the Contracting Officer’s Representative (COR) five (5) working days in advance of his intention to work during other periods to allow assignment of additional inspection forces. When the COR determines that they are reasonably available, he may authorize the Contractor to perform work during periods other than normal duty hours/days. However, if inspectors are required to perform in excess of their normal duty hours/days solely for the benefit of the Contractor, the actual cost of the inspection, at overtime rates, will be charged to the Contractor and will be deducted from the final payment of the Contract amount.
3.2. The following Federal legal Holidays are observed by this base:
New Year’s Day 1 January Martin Luther King’s Birthday Third Monday of January President’s Day Third Monday of February Memorial Day Last Monday of May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day 11 November Thanksgiving Day Fourth Thursday in November
Christmas Day 25 December
3.3. NOTE: Any of the above holidays falling on a Saturday will be observed the preceding Friday; holidays falling on a Sunday will be observed on the following Monday.
3.4. Prior to commencing work on the job initially, resumption of work after prolonged interruption (7 calendar days or more), commencement of any warranty work, and upon completion of warranty work, the contractor must notify the Contracting Officer (or the Contracting Officer’s Representative). When relocating to new sites, returning to sites for follow-up work on a phased work plan, notification to the Contracting Officer’s Representative is sufficient. Notification should be by personal contact; however, advance notification may be by telephone, or in writing, and should be accomplished sufficiently in advance to allow scheduling of inspection forces. The purpose of the above precautions is to ensure construction inspection and recording of work proceedings.
3.5. The organization of the specifications into divisions, sections, and articles, and the arrangement of the drawings shall not control the Contractor in dividing the work among subcontractors or in establishing the extent of the work to be performed by any trade.
4. INVOICING AND PAYMENT
4.1. Properly prepared invoices, bearing the contract number, shall be submitted in duplicate to the Contracting Office, 130th Airlift Wing, Base Contracting Office, 1679 Coonskin Drive, Charleston, WV 25311 on designated invoice forms provided at the pre-construction meeting PRIOR to uploading in Wide Area Workflow (WAWF) the DFAS paying system. This submission will be for review prior to submitting an electronic invoice through Wide Area Workflow (WAWF). See end of this Section for important information and codes needed.). Payment will be made by in accordance with FAR Clause 52.232-5 Fixed-Price Construction Contracts and FAR Clause 52.232-27, Prompt Payment for Construction Contracts, All payments will be made by electronic transfer of funds (EFT).
4.2. To meet compliance with DFARS 252.232-7003, Electronic Submission of Payment Requests, you shall submit your request for payment (invoice) through WAWF. For more information on the WAWF system, including how to register, visit https://wawf.eb.mil. Payment will be made by paying office specified in the contract award in accordance with the clauses Payments under Fixed-Price Construction Contracts, FAR 52.232-5, and Prompt Payment for Construction Contracts, FAR 52.232-27.
4.3. The Government will make payment through WAWF upon satisfactory completion of work AND receipt of a proper certification for payment. Do not input invoice into WAWF until the pre-approval of invoice is received from the contracting officer. This will lessen the need for rejections in WAWF Payment may be withheld unless all contractual requirements including but not limited to: RECEIPT OF PROPER WEEKLY PAYROLLS IAW DAVIS BACON REQUIREMENTS, Small Business Subcontracting Reports, have been timely received.
4.4. All requests for payments through WAWF must include a Subcontractor Payment Register pursuant to
FAR Clause 52.232-5 and a contractor’s certification that reads as follows:
I hereby certify, to the best of my knowledge and belief that – The amounts requested are only for performance in accordance with the specifications, terms and conditions of the contract; All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and requirements of Chapter 39 of Title 31, United States Code; This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from subcontractor or supplier in accordance with the terms and conditions of the subcontract; and This certification is not to be construed as final acceptance of a subcontractor’s performance.
4.5. The Government will make payment upon satisfactory completion of work AND receipt of a proper certification for payment. Payment may be withheld unless all contractual requirements, including but not limited to: RECEIPT OF PROPER WEEKLY PAYROLLS IAW CONSTRUCTION WAGE REQUIREMENTS FAR 52.222-6, have been timely received. Payrolls shall indicate CLIN to which they are applicable.
4.6. A release of claims is required for all final payment requests and shall be submitted by the contractor with the final invoice.
5. CONTRACT ADMINISTRATION
5.1. The contracting office of the 130th Airlift Wing (AMC) is the office having administrative jurisdiction over this contract for all matters. A list of the names and telephone numbers of the Government team comprising the contract administrator, Contracting Officer’s Representative (COR), consultant, and point of contact at the project site will be provided at the post-award/pre-construction conference.
5.2. All correspondence shall be addressed to the Contracting Officer. A copy of all correspondence shall be furnished to the contracting officer’s representative. Enclosures attached to or transmitted with the correspondence shall also be furnished with an original and one copy. Each letter shall make reference to the contract name, contract number, project number, and project title, and shall have only one subject. For tracking purposes, a sequential numbering system should be used for all correspondence.
6. PAPERLESS CONTRACTING
6.1. The National Guard is fully committed to the Federal Government’s electronic commerce and paperless contracting initiatives. As such, it is anticipated that to the maximum extent possible to include but not limited to correspondence, modification distribution, etc., to include specifications and drawings, will be issued using electronic methods, i.e., electronic mail (e-mail). Contractors shall have and maintain capability to receive documents in this manner.
6.2. Additionally, it is anticipated that within the life of this contract, other electronic processes will be enacted.
These include, but are not limited to, electronic bidding/offers, change order proposals, and electronic invoicing.
When implemented by the Contracting Officer, contractors shall participate fully in any of these new requirements at no additional cost to the Government.
7. TELEPHONE COMMUNICATIONS SECURITY MONITORING
All communications with DOD organizations are subject to communications security (COMSEC) review. Contractor personnel must be aware that telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. The DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, civilian contractor personnel are advised that any time they place a call to, or receive a call from, a DOD organization, they are subject to COMSEC procedures. The contractor shall assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with DOD information.
8. UTILITY SERVICES
The Contracting Officer has determined that Government-operated utilities are adequate and will be furnished to the contractor without charge where existing outlets are available. The contractor is responsible for installing temporary service outlets, as necessary, at its expense in accordance with the clause entitled “Availability and Use of Utility Services” (FAR Clause 52.236-14). The following utilities will be available: Water and Electricity
9. PREPARATION OF MATERIAL APPROVAL SUBMITTALS
The contractor shall submit all materials and articles requiring approval, as required by the Material and Workmanship Clause, FAR 52.236-5. Submittals shall be made using AF Form 3000, or approved equal.
Submittals shall be processed in accordance with the procedures in Section 01 33 00, Submittals. Submittals shall be given a distinct identification system by CLIN if multiple CLINS are applicable. Individual submittal documents shall not be comprised of items for more than one CLIN. Address for delivery of submittals will be provided at the post award/pre-construction conference. The contractor is reminded that an individual within the company who has authority to make the certification must sign the certification on the AF Form 3000.
10. WORK PROGRESS AND PREPARATION OF PROGRESS SCHEDULES AND REPORTS
10.1. A weekly meeting may be held with the Contractor, COR and Contracting Officer (KO), if necessary, to discuss work progress, problems and potential change orders. The Contractor shall attend these meetings at no additional cost to the Government. Prior to beginning work on specific work elements of a project, the contractor shall confer with the COR and agree on a sequence of procedures and means of access to premises and buildings;
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