W58D2M24R0003 20231120.pdf
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- Solicitation number
- W58D2M24R0003
About this file
This document is a request for proposal for a construction multiple award task order contract recompete issued by the Department of the Army Materiel Command Army Contracting Command. Up to four contractors will be selected to receive indefinite delivery indefinite quantity task orders for design-build and design-bid-build construction projects at the Darby Military Community in Italy over five years. A minimum guarantee of 500 euros will be provided for attendance at a post-award conference. Individual task order solicitations will specify requirements and be valued between 250,000-2,000,000 euros. Proposals are due by January 4, 2024 and will be evaluated on capability, experience, and price factors. Offerors must meet SOA certification requirements and provide references for relevant recent construction projects in Italy valued between 250,000-5,000,000 euros. The seed project involves deconstruction and reconstruction of an ammunition storage facility.
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A. This requirement is for Multiple Aw ard Task Order Contract (MATOC) Indefinite Delivery/Indefinite Quantity (IDIQ) used to satisfy a diverse group of construction and design-build projects for the Darby Military Community.
B. This solicitation may result in the aw ard of up to four contracts.
C. There w ill be a f ive (5) year ordering period. Additionally, see FAR 52.217-8.
D. The seed project w ill fall under the NAICS Code 236220 w ith a size standard of $45,000,000.00.
E. The guaranteed minimum amount over the life of this contract is $500.00.
F. The seed project may be aw arded (subject to the availability of funds) as part of this IDIQ, but w ill be on a subsequent task order.
G. The total aggregate maximum amount expendable under the entire MATOC lifecycle SHALL NOT EXCEED $15,000,000.00.
ELISA ORSINI +39.050.54.8367
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
20-Nov-2023
(RFP)
(IFB)
X
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 _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, 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 __________ copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________04 Jan 2024 (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 offers 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 _______180 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
414TH CSB RCO ITALY SUBOFFICE LIVORNO
VIA AURELIA, EDIFICIO 5131
ZONA DEPOSITO
56128 TIRRENIA (PISA)
W58D2M
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
03:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
+39-050-54-8289FAX:TEL: +39-050-54-8365/4 TEL: FAX:
W58D2M24R0003 51
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
W58D2M24R0003
Section A - Solicitation/Contract Form
GENERAL INFORMATION
SECTION A
GENERAL INFORMATION
A. INTRODUCTION
A.1 The U.S. Army, 414th Contracting Support Brigade (CSB) Regional Contracting Office- Italy (RCO-I), Livorno Sub-Office, intends to award up to four (4) Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC) for Design-Build (DB) and Design-Bid-Build (DBB) construction requirements that may be required by the U.S.
Government within the country of Italy.
A.2 This Request for Proposal (RFP) is a competitive acquisition to establish the RCO-I, Livorno Sub-Office, Construction MATOC contractor “pool” who will compete for subsequent DB and DBB Firm Fixed Price (FFP) Task Orders requirements.
A.2.1 MATOCs shall be awarded using the Low Price Technically Acceptable (LPTA) source selection approach, determined most appropriate, along the Best Value Continuum at FAR 15.101, to meet the Government’s requirement.
A.2.2 The Government shall issue a Task Order Proposal Request (TOPR) for individual construction requirements subject to the MATOC terms and conditions. MATOC contractors shall have a fair opportunity to compete for individual construction requirements in accordance with FAR 16.505(b) and the Order Placement Procedures established at Section H herein.
A.3 The total value of all MATOCs awarded shall not exceed $15 Million.
A.3.1 Funding for construction efforts shall be made available for each Task Order requirement.
The minimum guarantee is established at Section B herein.
A.4 MATOCs awarded as a result of this solicitation shall be valid for a base period of five (5) years. No option years are contemplated; however, see FAR 52.217-8 for option terms.
A.5 The word “Offeror” as used throughout this RFP or solicitation, as used interchangeably herein, means a company seeking to do business with the Government by submitting a proposal in response to this RFP. “Government” may describe the contracting activity, RCO-I, or the primary customer for resulting task orders, the U.S. Army Garrison (USAG) Italy, Department of Public Works (DPW), located at the Darby Military Community.
Section B - Supplies or Services and Prices
SCHEDULE
SECTION B
SCHEDULE OF SUPPLIES AND SERVICES
B.1 Overview
B.1.1 The Basic MATOCs do not establish a Bid Schedule for the DB and DBB requirements to be issued under the contract. Individual Task Orders issued throughout the Basic MATOC contract term shall establish the Schedule, as required for the scope of work of the individual construction requirement.
B.2 Minimum Guarantee
B.2.1 Each MATOC awardee shall receive a Task Order to satisfy the minimum guarantee as set forth below. The MATOC awardee that submitted the lowest price will receive the award for the seed project if funding becomes available.
B.2.2 The minimum guarantee is $500.00 for attendance at a MATOC awardee Post Award Conference on Darby Military Community, to include MATOC contractor delivery of a Mobilization/Demobilization Schedule to support future Task Orders.
B.2.3 Funding is available to obligate the minimum guarantee for up to four MATOC awards, as specified.
B.3 Minimum and Maximum Ordering
B.3.1 See clause FAR 52.216-19: the minimum Task Order value is $500.00 and the maximum Task Order value is $2,000,000.00.
B.3.2 For informational purposes only and IAW FAR 36.204, the Government estimates the seed project to be between $250,000 and $500,000.
B.3.3 Individual Task orders will be solicited and awarded under FAR 16.505, therefore, the magnitude of each project shall be further identified in each Task Order Request for Proposal
(TORP).
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 15,000,000 Job MATOC Construction
FFP
Indefinite Delivery Multiple Award Task Order Contract (MATOC) for Design- Build (DB) Design-Bid-Build (DBB) Construction Services, Italy. The maximum amount, $15M, applies to the overall contract value and is shared among all awardees selected under solicitation W58D2M-24-R-0003.
DO NOT ENTER A PRICE FOR THIS CLIN
FOB: Destination
PSC CD: Z2AA
MAX
NET AMT
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
EUR500.00 EUR15,000,000.00
DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE
The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
EUR500.00 EUR2,000,000.00
CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE
The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.
CLIN
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
EUR
EUR
Section C - Descriptions and Specifications
STATEMENT OF WORK
SECTION C
STATEMENT OF WORK
C.1 Basic MATOC Statement of Work (SOW)
C.1.1 The Basic contract SOW is incorporated at Attachment 1 and establishes the baseline requirements for all Task Orders awarded. Individual construction requirements may establish additional SOW elements to be specified in the applicable Task Order Proposal Request (TOPR), and resulting Task Order award.
C.2 Additional Contractor Duties / Responsibilities / Work Requirements
C.2.1 Contracting Officer Authority In no event shall any understanding or agreement between the Contractor and any Government employee, other than the Contracting Officer on any contract, modification, change order, letter of verbal direction to the Contractor be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby put on notice that in the event a Government employee, other than the Contracting Officer, directs a change in the work to be performed, or increases the scope of work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.
C.2.2 Requirement for Registration of Designers The design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work shall be accomplished or reviewed and approved by architects or engineers registered to practice in the particular professional field involved in Italy.
C.2.3 Performance Specifications For the accomplishment of this contract, the Government has provided the Contractor with “performance specifications”. Performance specifications state requirements in terms of the required results with criteria for verifying compliance, but without stating the methods for achieving the required results. Accordingly, the Government shall not be liable for Contractor’s increased costs in achieving the performance requirements unless such a specification embodies requirements objectively impossible to attain. The fact that the Government may specify a minimum requirement for some detail of performance does not transform the “performance specifications” into a “design specifications.”
C.2.4 Performance Coordination Before starting performance, the Contractor SHALL coordinate the operation with the Contracting Officer's Representative (COR).
C.2.5 Measurements and Quantities Unless otherwise specified, measurements and quantities listed in specifications, drawings, sketches and other documents provided by the Government are estimates only. It is the Contractor’s responsibility to review the job site, determine the extent, nature and scope of work as appropriate, and in accordance with Government requirements. The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government.
C.2.6 Building Security Contractor employees shall assure that all equipment is powered down/off and stored in designated storage areas together with supplies upon completion of work.
When buildings are unoccupied – lights, water outlets, and blowers shall be turned off and windows closed and locked on a floor-to-floor basis as work progresses, followed by locking of all exterior doors upon completion of work. Keys to buildings shall be deposited with the COR.
The Contractor shall be responsible for any losses or damages arising from failure to secure buildings during and after working hours by Contractor personnel.
C.2.7 Protective Measures In addition to FAR 52.236-9 and requirements at Attachment 1, the Contractor shall provide barricades and caution signs (in both English and Italian) for the safety of inhabitants and pedestrian traffic. The Contractor is responsible for removal of furnishings and equipment as required for preparation of work sites as well as for reinstallation thereof. The Contractor shall replace any furnishings and equipment at their original locations upon completion of contract work.
C.2.8 Lost Articles The Contractor is responsible for any theft by Contractor personnel of Government property or personal property of Government personnel, civilian or military. All lost or misplaced articles found by Contractor employees shall be turned in to the COR.
Section D - Packaging and Marking
PACKAGING AND MARKING
SECTION D
PACKAGING AND MARKING
D.1 Packaging and Marking requirements are not anticipated for construction requirements.
However, if deemed applicable for an individual construction requirement, the Task Order Proposal Request (TOPR) will specify requirements, as appropriate.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE
SECTION E
INSPECTION AND ACCEPTANCE
E.1 Inspection and Acceptance (at Destination) requirements shall be established for individual construction requirements via Task Orders resulting from the MATOC awards.
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
CLAUSES INCORPORATED BY REFERENCE
52.246-12 Inspection of Construction AUG 1996
Section F - Deliveries or Performance
DELIVERIES OR PERFORMANCE
SECTION F
DELIVERIES OR PERFORMANCE
F.1 Delivery and Performance shall be locations throughout the Darby Military Community within the country of Italy.
F.2 Delivery dates or Period of Performance requirements shall be established for individual construction requirements via Task Orders resulting from the MATOC awards.
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-FEB-2024 TO
31-JAN-2029
N/A USAG ITALY
USAG ITALY
VIA VECCHIA LIVORNESE
TIRRENIA PISA 56128
+39050547805 FOB: Destination
W582RR
52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.242-14 Suspension of Work APR 1984
CLAUSES INCORPORATED BY FULL TEXT
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR
1984)
The Contractor shall be required to (a) commence work under this contract within SEE NOTE / TOPR 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 SEE NOTE / TOPR. * The time stated for completion shall include final cleanup of the premises.
* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.
NOTE: The Contracting Officer shall specify the required number of days within the TOPR, as appropriate, for the individual construction requirement being solicited under this MATOC.
(End of clause)
52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of SEE NOTE / TOPR each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
NOTE: The Contracting Officer shall specify the liquidated damages within the TOPR, as applicable to the individual construction requirement being solicited under this MATOC.
Section G - Contract Administration Data
CONTRACT ADMINISTRATION DATA
SECTION G
CONTRACT ADMINISTRATION DATA
G.1 Submission of Invoices
G.1.1 All requests for progress or final payment shall address the following substantiation:
(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.
(ii) A listing of the amount included for work performed by each subcontractor under the contract.
(iii) A listing of the total amount of each subcontract under the contract.
(iv) A listing of the amounts previously paid to each subcontractor under the contract.
(v) Subcontractor payment (“fatture quietanzate”) verification via an invoice with the subcontractor’s stamp and signature.
(vi) For final payment, the Contracting Officer may require the Contractor submit a statement signed by each subcontractor (manleva) stating that they have been paid except for remaining amounts which will be satisfied when the Prime Contractor receives final payment.
G.1.2 Be supported by a COPY CERTIFIED (COPIA AUTENTICATA) and NOT older than ninety (90) days at the time of the request for payment of the Contractor’s DURC (Documento Unico di Regolarità Contributiva), or a document equivalent to DURC for non-Italian contractors. Self certifications (autocertificazioni) are NOT allowed. The document MUST include the following statement: “Con il presente documento si dichiara che l’impresa RISULTA REGOLARE ai fini del DURC”.
G.1.3 Include the certification required by FAR clause 52.232-5. If the Contracting Officer determines that the certification is inaccurate in any material respect, the Contracting Officer will initiate administrative or other remedial action and may refer the matter to the agency official responsible for investigating fraud.
G.1.4 The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) or to the COR when the contract is completed or when a Contractor employee no longer requires access or final payment shall not be made.
G.1.5 Offeror should include the payment address in the proposal, if it is different from that shown for the offeror.
G.2 CONTRACT CLAUSES The following clauses are applicable to Section G of the Basic MATOC, and all Task Orders issued under the MATOC, unless expressly stated otherwise within the TOPR. Clauses are incorporated in full text as follows:
52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
252.229-7001 TAX RELIEF (APR 2020)
(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:
NAME OF TAX: IVA RATE: 22%
(b) Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available. The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.
(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.
252.229-7003 TAX EXEMPTIONS (ITALY) (MAR 2012)
(a) As the Contractor represented in its offer, the contract price, including the prices in subcontracts awarded under this contract, does not include taxes from which the United States Government is exempt.
(b) The United States Government is exempt from payment of Imposta Valore Aggiunto (IVA) tax in accordance with Article 72 of the IVA implementing decree on all supplies and services sold to United States Military Commands in Italy.
(1) The Contractor shall include the following information on invoices submitted to the United States Government:
(i) The contract number.
(ii) The IVA tax exemption claimed pursuant to Article 72 of Decree Law 633, dated October 26, 1972.
(iii) The following fiscal code(s): 80028250241
(2)(i) Upon receipt of the invoice, the paying office will include the following certification on one copy of the invoice:
“I certify that this invoice is true and correct and reflects expenditures made in Italy for the Common Defense by the United States Government pursuant to international agreements. The amount to be paid does not include the IVA tax, because this transaction is not subject to the tax in accordance with Article 72 of Decree Law 633, dated October 26, 1972.” An authorized United States Government official will sign the copy of the invoice containing this certification.
(ii) The paying office will return the certified copy together with payment to the Contractor. The payment will not include the amount of the IVA tax.
(iii) The Contractor shall retain the certified copy to substantiate non-payment of the IVA tax.
(3) The Contractor may address questions regarding the IVA tax to the Ministry of Finance, IVA Office, Rome (06) 520741.
(c) In addition to the IVA tax, purchases by the United States Forces in Italy are exempt from the following taxes:
(1) Imposta di Fabbricazione (Production Tax for Petroleum Products).
(2) Imposta di Consumo (Consumption Tax for Electrical Power).
(3) Dazi Doganali (Customs Duties).
(4) Tassa di Sbarco e d'Imbarco sulle Merci Transportate per Via Aerea e per Via Maritima (Port Fees).
(5) Tassa de Circolazione sui Veicoli (Vehicle Circulation Tax).
(6) Imposta di Registro (Registration Tax).
(7) Imposta di Bollo (Stamp Tax).
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
CONSTRUCTION AND FACILITIES MANAGEMENT INVOICE
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC W56FJW
Issue By DoDAAC W58D2M
Admin DoDAAC** W58D2M
Inspect By DoDAAC W582RR
Ship To Code W582RR
Ship From Code N/A
Mark For Code W582RR
Service Approver (DoDAAC) W582RR
Service Acceptor (DoDAAC) W582RR
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
USARMY.VICENZA.266-FMC.MBX.266FMC-IFO-CVS-WAWF-OFFICIAL@ARMY.MIL
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
Section H - Special Contract Requirements
SPECIAL CONTRACT REQUIREMENTS
SECTION H
SPECIAL CONTRACT REQUIREMENTS
H.1 Task Orders - Order Placement Procedures
H.1.1 In accordance with FAR 16.505, all MATOC awardees/contractors shall be afforded a fair opportunity to compete for individual construction requirements exceeding the micro-purchase threshold. Accordingly, the Contracting Officer provides the Order Placement Procedures as authorized by FAR 16.505(b)(1)(ii).
H.1.2 Order Placement Procedures shall be unique to the individual construction requirement as set forth by the Contracting Officer in each Task Order Proposal Request (TOPR). While the TOPR will specify the MATOC contractors’ proposal submission requirements and associated Government evaluation criteria, the terms at H.1 herein establish the framework and procedures that govern each fair opportunity TOPR to be competed amongst MATOC contractors.
H.1.3 The Government will afford all MATOC contractors the fair opportunity to compete for all requirements exceeding the micro-purchase threshold, unless an exception at FAR 16.505(b) applies. Further, the Contracting Officer seeks to request the MATOC contractors submit the minimum proposal information necessary to ensure offerors’ understanding of the requirement and to enable the Contracting Officer’s evaluation and Task Order award decision. If only one proposal is received DFARS 216-505-70 shall apply.
H.1.4 The competitive ordering process under the FAR 16.505 fair opportunity requirements are unique/different to the FAR 15.3 source selection process and procedures.
H.1.5 Evaluation criteria will be limited to key discriminators to allow the Government the ability to determine the best value offeror for an individual construction requirement. In many cases, Price may be the sole evaluation criteria, but additional technical capability, schedule, or other criteria may be determined suitable for use due to the complexity or urgency of a specific Task Order requirement.
H.1.6 In conducting evaluations against the TOPR-stated evaluation criteria, the Contracting Officer may seek Interchanges with all, some, one, or none of the MATOC contractors submitting a proposal. Interchanges are distinct from forms of exchanges at FAR 15.3 and may result in a change to a proposal or may only clarify an administrative matter or proposal mistake.
Interchanges may address all aspects of the proposal: technical, cost/price, contract documentation, and/or any other matter in the evaluation process. Interchanges will be conducted in writing via email.
H.1.7 The Contracting Officer shall determine which offeror(s), in accordance with TOPR evaluation criteria, have the highest potential to provide the best value to the Government, and hold Interchanges with said offeror(s) to address identified issues and reach a Task Order award decision. Unless expressly stated and required by the Contracting Officer, no final proposal revision is required to conclude Interchanges. Should no Interchanges be conducted, the Contracting Officer may proceed with Task Order award.
H.1.8 Offerors not selected for Task Order award may be notified by the Contracting Officer, or his/her designated representative, of the Task Order awardee and award price. Post Award Notices and Debriefings shall only be required when the total Task Order value established at FAR 16.505(b)(6) is breached.
H.1.9 In some cases, and alternative to the procedures set forth above, the Contracting Officer may elect to utilize FAR 15.3 Source Selection to conduct a formal Tradeoff or Lowest Price Technically Acceptable (LPTA) Task Order award. If applicable, the TOPR shall specify use of FAR 15.3 Source Selection and the competition, evaluation and Task Order award shall proceed utilizing all procedures set forth at FAR 15.3.
H.2 Subcontracting
H.2.1 The Contractor shall submit requests to subcontract any portion of work to be performed under this contract to the Contracting Officer for approval. The following documents shall be submitted to the Contracting Officer for subcontract consent:
1. Name of the Subcontractor;
2. Description of work to be subcontracted;
3. Copy of the subcontracting agreement.
4. Copy of required/applicable subcontractor SOA certificates;
5. Copy NOT older than ninety (90) days at the time of the request for subcontracting of the Subcontractor’s DURC (Documento Unico di Regolarità Contributiva). The document MUST include the following statement: “Con il presente documento si dichiara che l’impresa RISULTA REGOLARE ai fini del DURC”. Subcontractor self certifications (autocertificazioni) are NOT allowed.
6. Copy NOT older than six (6) months at the time of the request for subcontracting of the Subcontractor’s Chamber of Commerce Certificate of Membership (Certificato di Iscrizione alla Camera di Commercio). Self certifications are NOT allowed.
7. Copy of the certificate of insurance in accordance with the requirement of “Minimum Insurance Requirements” at H.4 herein.
H.2.2 Contractor failure to obtain subcontractor(s) approval from the Contracting Officer will result in a suspension of the portion of work subcontracted until the required approval is obtained. The suspension will NOT entitle the Contractor to an extension to the period of performance nor to any price adjustment for an increase in cost of performance.
H.3 Anti-Mafia Law Requirements
H.3.1 Italian Law No. 646, as of 13 September 1982, and subsequent integration and amendments applies. No MATOC award shall be made to any offeror subject to disciplinary actions or proceedings for Mafia related matters. Furthermore, should related actions or proceedings occur after MATOC award, the Contractor may not be considered for award of subsequent Task Orders.
H.3.2 Termination under Italian Law No. 646 (Anti-Mafia). During the MATOC term, if the Contractor, or any Subcontractor, is subject to proceedings or disciplinary actions contemplated by the Anti-Mafia law (and subsequent amendments and integration), the Government may consider this a failure to execute the work and terminate the Contractor’s right to proceed with work under FAR 52.249-10, incorporated herein.
H.4 Minimum Insurance Requirements
H.4.1 In accordance with FAR 52.228-5, incorporated herein, the Contractor shall obtain and maintain, for the entire period of contract/task order performance, minimum insurance coverage in the type and amount as follows: Comprehensive General Liability, EURO 1.500.000,00, per occurrence.
H.4.2 A copy of the certificate of the insurance policy shall be provided to the Contracting Officer within ten (10) working days after task order award.
H.4.3 The Contractor shall also provide a similar certificate of insurance for all subcontractors performing work under the order.
H.4.4 Insurance policies shall be taken out with Italian insurance companies or with U.S. firms legally authorized to provide insurance services within Italy. Such policies will conform to Italian law and regulation and will meet the following requirements:
1. Contain provisions requiring submission to Italian law and jurisdiction of any problem that may arise in regard to the interpretation or application of the clauses and conditions of the policy;
2. Contain provisions authorizing the insurance company, as subrogee of the insured entity, to attend to directly and to assume, with respect to any person damaged, legal consequence arising from the occurrence of such damages;
3. Not contain any deductible amount or similar limitation; and
4. Not contain any provision requiring submission to any type of arbitration.
H.5 Tailoring of FAR 52.228-15 Performance and Payment Bonds-Construction (JUN 2020)
H.5.1 The Task Order (TO) awardee shall provide a performance bond for TO award in excess of $150,000.00. The penal amounts of performance bond at the time of Task Order award shall be 20% of the original Task Order price. The payment bond has been waived and will not be required on the TO. This is tailored from the “100% of the original contract price” per FAR 52.228-15(b)(1) and (2). The Contracting Officer may waive the requirement of performance bond for TO awards exceeding $150,000.00.
H.5.2 The Surety or other security for bonds at FAR 52.228-15(d) is tailored to specify acceptable bonds for this requirement, with performance in Italy. The bonds shall be in the form of a firm commitment supported BY A REGISTERED BANK or by a primary credit union company recognized by a bank ("istituto bancario, azienda di credito autorizzata o assicurazione autorizzata a norma di legge").
H.6 Time Extensions for Unusually Severe Weather
H.6.1 In order for the Contracting Officer to grant a time extension from a delay arising from unusually severe weather as specified at FAR 52.249-10, the Contractor must satisfy the following:
1. The weather experienced at the project site during the Task Order period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.
2. The unusually severe weather must actually cause and result in a delay to the completion of the project.
3. Per FAR 52.249-10, the delay must be beyond the control, and without the fault and negligence, of the Contractor.
H.6.2 The following schedule of monthly anticipated adverse weather delays for the project location is based on the Italian Weather Agency (Bollettino Meteorologico) and will constitute the base line for monthly weather time evaluations. The Contractor’s progress schedule must reflect these anticipated adverse weather delays as stated in the table below in all weather dependent activities.
Anticipated Adverse Weather Days* Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 8 7 10 8 5 3 3 3 5 10 10 8
*Days reflected are calendar days.
H.6.3 Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor shall record on the daily Contractor Quality Control (CQC) report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor’s scheduled work day.
H.6.4 The number of actual adverse weather delay days shall include days impacted by actual adverse weather, even if the adverse weather occurred in the previous month, be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated H.6.2 above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification for time, in accordance with FAR 52.249-10.
H.7 Warranty of Construction
H.7.1 In addition to FAR 52.246-21, incorporated at Section I below, MATOC awards are subject to additional warranty coverage and duration as follows:
H.7.1.1 Warranty for any roof work is ten (10) years from the date of final acceptance. Warranty for any other work (i.e., not roof work) is two (2) years from the date of final acceptance. If the Government takes possession of any part of the work before final acceptance, the ten year and two year warranty period, roofs and non-roof work, respectively, shall begin from the date the Government takes possession.
H.7.1.2 The Contractor is responsible to restore condition of any work damaged or impacted as a result of fulfilling the terms and conditions of this warranty clause. The warranty for repaired or replaced work shall commence on the date of completion of the repair or replacement and remain valid for ten (10) years for roof work, and two (2) years for any non-roof work.
Section I - Contract Clauses
52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
JUN 2020
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.210-1 Market Research NOV 2021 52.211-5 Material Requirements AUG 2000 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
JUN 2020
52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020 52.215-21 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data -- Modifications
NOV 2021
52.222-50 Combating Trafficking in Persons NOV 2021 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 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 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-11 Individual Surety--Pledge of Assets FEB 2021
52.228-14 Irrevocable Letter of Credit NOV 2014 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work 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 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.243-4 Changes JUN 2007 52.243-6 Change Order Accounting APR 1984 52.245-1 Alt I Government Property (SEP 2021) Alternate I APR 2012 52.245-9 Use And Charges APR 2012 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2020 52.249-2 Alt I Termination for Convenience of the Government (Fixed-
Price) (Apr 2012) - Alternate I
SEP 1996
52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
JAN 2023
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.211-7007 Reporting of Government-Furnished Property MAR 2022 252.215-7008 Only One Offer DEC 2022 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7001 Hazard Warning Labels DEC 1991
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.225-7005 Identification Of Expenditures In The United States JUN 2005 252.225-7041 Correspondence in English JUN 1997 252.225-7044 Balance of Payments Program--Construction Material--Basic JAN 2023 252.225-7045 Balance of Payments Program--Construction Material Under
Trade Agreements--Basic
JAN 2023
252.225-7048 Export-Controlled Items JUN 2013 252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7033 Rights in Shop Drawings APR 1966 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.236-7005 Airfield Safety Precautions DEC 1991 252.236-7008 Contract Prices-Bidding Schedules DEC 1991 252.236-7013 Requirement for Competition Opportunity for American Steel
Producers, Fabricators, and Manufacturers
JAN 2023
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
JAN 2023
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 252.247-7023 Transportation of Supplies by Sea JAN 2023
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)
(a) Definitions. As used in this clause--
Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.
Full cooperation—
(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;
(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-
(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and
(3) Does not restrict a Contractor from--
(i) Conducting an internal investigation; or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.
Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime…
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