KO_signed_17-C-0071_Replace_Grand_Stand_Seating_Bldg._1001_FH_19_Sep_17.pdf
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- Replace Grandstand Seating Building 1001
- Solicitation number
- W91151-17-B-0037
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W91151-17-C-0071 Replace Grand Stand Seating Bldg. 1001 Fort Hood, TX
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0011039210-0001
This is an "Invitation for Bids".
Replace Grand Stand Seating Building 1001 A Bid guarantee is required (see section 00100, FAR Clause 52.228-1).
Performance and Payment Bonds are required (see section 00700, FAR Clause 52.228-15).
As required by FAR 36.204, the estimated magnitude of this project is betw een $250,000.00 and $500,000.00.
The NAICS for this acquisition is 238990 All Other Specialty Trade Contractors (SB size standard $15 million) This acquisition is 100% set aside for HUBZone small business concerns only; no large business bids w ill be accepted for this procurement.
The aw ardee of this contract w ill be required to provide a Superintendent through completion of the project (see section 00700, FAR Clause 52.236-6). Project Manager, Quality Control and Superintendent positions are considered key positions. These positions SHALL NOT be subcontracted and must w ork directly for the prime contractor.
Bidders are required to provide a valid CAGE Code (Block 14 FACILITY), Point of Contact (POC) and email address w ith their bid.
Bidders are required to provide a CD copy of their bid documents w ith their IFB submission.
Bid Opening address: DPW-Fort Hood, Bldg. 4610, Engineer Drive, DPW COR Conference Room, Ft. Hood, TX 76544.
X
BENTURA (BEN) FERNANDEZ 254-287-5453
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
18-Sep-2017
(RFP)
(IFB)
CALL:
Replace Grandstand Seating Bldg 1001
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______30 calendar days and complete it w ithin ________60 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10
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 __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________14 Sep 2017 (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 X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______120 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.
W91151-17-C-0071
7. ISSUED BY CODE
MISSION AND INSTALLATION CONTRACTING
MISSION CONTRACTING OFFICE (MCO)
36000 DARNALL LOOP, ROOM 1300B
FORT HOOD TX 76544-5095
W91151
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
AD004987P
8. ADDRESS OFFER TO (If Other Than Item 7)
254-288-3617FAX:TEL: 254-287-0038 TEL: FAX:
W91151-17-B-0037-0002 48
See Item 7
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
CODE
7FGV4
FACILITY CODE
7FGV4
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
$206,360.00 See Schedule
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified) 7
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 HQ049027. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
DFAS - INDIANAPOLIS CENTER
DFAS-IN, VP GFEBS 8899 E. 56TH ST.
INDIANAPOLIS IN 46249-3800
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR
MDJ CONTRACTING INC
MONICA JOHNSON
4602 CHAHA RD STE 204
GARLAND TX 75043-4644
15. TELEPHONE NO. (Include area code)
(214) 229-7214
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
X 29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract. REF:
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print) Kay D Brown / Contract Specialist
TEL: 254-287-5479 EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY 19-Sep-2017
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
W91151-17-C-0071
Section 00010 - Solicitation Contract Form
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job $206,360.00 $206,360.00 Replace Grandstand Seating Building 1001
FFP
In accordance with the project scope, drawings, specifications in this solicitation, replace grand stand seating, power wash and repaint the overhead cover of stage to match existing color, sand and repaint hand rail systems, cleanup all gutters, power wash and reseal all concrete area around seating, replace lighting in stage area with LED lighting with glass covers, power wash and repair concrete pad where tank has been removed, and install rain gutter splash blocks.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011039210-0001
NET AMT $206,360.00
ACRN AA
CIN: GFEBS001103921000010
$206,360.00
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Job NSP Contractor Manpower Reporting
FFP
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the U.S. Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:
http://www.ecmra.mil/. Choose Department of the Army CMRA.
PURCHASE REQUEST NUMBER: 0011039210-0001
NET AMT
QUESTIONS FROM INDUSTRY
Requests for Information (RFIs) W91151-17-B-0037
Replace Grand Stand Seating Building 1001 30 August 2017
1. When you say paint prep, do you want the paint to be completely taken down to the metal?
Answer: Old paint shall be completely removed to metal and metal shall be primed and repainted in according to scope of work.
2. Concrete repair - do you want the cracks to be saw cut out and filled with MP-1 or just fill them with concrete self-leveler?
Answer: No saw cutting is needed throughout this project. All concrete joints shall be power washed and refilled with MP-1 to include crack damage in seating area of section “C”. All others to include hairline cracks shall be filled with concrete self-levering compound.
3. I have spoken to the chair manufacturer and the seating the government has spec'd will take at least 20 weeks to get. There is an aluminum base that is made in America that we can get quicker this one will only take 10 weeks. The base the government has selected in made in china. Please advise.
Answer: PM will clarify with “Irwin Seating Company” on time because time is of the essence.
Answer: All material will be “American Made”.
4. Description of Work on page 4 of 59 indicates that there are 26 drawings accompanying the solicitation.
There were no drawings for this project on FBO. Please furnish.
Answer: Drawings were posted to FBO on 22 August 2017.
5. Depending on when the drawings will be issued we may need additional time to study them for RFI’s, or, possibly, another site visit.
Answer: It has been determined that a second site visit will not be conducted.
6. Confirm adequate QC oversight acceptable?
Answer: Due to the size of this project, QC and Superintend shall be the same person.
7. For the information of all contractors present the distance around the track, following the white line, is 2,489 lf.
Answer:
1 mile = 5,280 ft.
½ mile = 2,640 ft.
8. The damaged asphalt that has been replaced with concrete at the south west support pole of the central pavilion. In order to tidy this up a strip of asphalt 18” wide between the central pavilion and Section A could be saw cut and removed and replaced with concrete to abut the existing sidewalk.
Answer: No saw cutting throughout this project.
9. Hair line cracks in concrete walks cannot really be repaired adequately. The repair is normally more unsightly than the original crack. These should be left alone.
Answer: Hairline cracks shall be filled with concrete resurface self-levering compound.
10. Confirm that the tank will be removed from the tank stand by “others”. If it is to be placed back on the stand this will be done by “others” also.
Answer: Tank shall be removed and replaced back by others.
11. There was talk at the site visit about building a ramp up to the tank slab to get the tank back onto the slab after the concrete slab has been repaired and painted. How heavy is the tank? Any damage caused by “others” moving the tank back on to the slab cannot be considered “Warranty” work.
Answer: Tank weight estimated to be roughly 84,000 lbs.
12. Will you require a sealer coat over the 3 Corps emblem that is to be repainted on the asphalt in front of the
Pavilion?
Answer: Yes, a clear coat of sealer shall be placed over the III Corps emblem once repainted to protect it from the elements.
13. The sealer coat on top of the concrete at sections A, B, C, D, and the center area. Is a no sheen acceptable?
Answer: Not acceptable, due to this being a high visibility area a shine is needed. See product below for recommendation.
14. The notations on some of the photos provided as drawings require resurfacing of the concrete walks. What did you have in mind – Ardex skim coat?
Answer: A liquid Seal Krete product listed below recommended to be use.
SYNOPSIS
PROJECT SYNOPSIS
Replace Grand Stand Seating
Building: 1001 Project No. AD004987P
(Revised)
DESCRIPTION OF WORK:
The work shall be located at building 1001, located at the intersection of TJ Mills Blvd and Phantom Warrior Drive, Fort Hood Texas. The exact location will be shown by the Contracting Officer. Building(s) will be occupied during performance of work under this Contract.
The purpose of this project is to replace grand stand seating, power wash and repaint the overhead cover of stage to match existing color, sand and repaint hand rail systems, cleanup all gutters, power wash and reseal all concrete area around seating, replace lighting in stage area with LED lighting (white in color), power wash and repair concrete pad where tank has been removed, restripe parade track using “white” oil/water base striping paint and install rain gutter splash blocks.
The following drawings are included as part of the Solicitation.
G-101 COVER SHEET and Index of Drawings
C-101 WORK SITE LOCATION
C-102 SITE PLAN - IMPROVEMENTS I - COMMAND
C-103 SITE PLAN - IMPROVEMENTS II - COMMAND
C-104SITE PLAN - IMPROVEMENTS III - COMMAND
C-105 SITE PLAN - IMPROVEMENTS IV COMMAND
C-106 SITE PLAN - IMPROVEMENTS V COMMAND
C-107 SITE PLAN - IMPROVEMENTS VI COMMAND
C-108 SITE PLAN - IMPROVEMENTS I SECTION - A
C-109 SITE PLAN - IMPROVEMENTS II SECTION - A
C-110 SITE PLAN - IMPROVEMENTS III SECTION - A
C-111 SITE PLAN - IMPROVEMENTS I SECTION - B
C-112 SITE PLAN - IMPROVEMENTS II SECTION - B
C-113 SITE PLAN - IMPROVEMENTS I SECTION - C
C-114 SITE PLAN - IMPROVEMENTS II SECTION - C
C-115 SITE PLAN - IMPROVEMENTS III SECTION - C
C-116 SITE PLAN - IMPROVEMENTS IV SECTION - C
C-117 SITE PLAN - IMPROVEMENTS V SECTION - C
C-118 SITE PLAN - IMPROVEMENTS I SECTION - D
C-119 SITE PLAN - IMPROVEMENTS II SECTION - D
C-120 SITE PLAN - IMPROVEMENTS III SECTION - D
C-121 SITE PLAN - IMPROVEMENTS IV SECTION - D
C-122 SITE PLAN - IMPROVEMENTS V SECTION - D
C-123 SITE PLAN - IMPROVEMENTS VI SECTION - D
C-124 SITE PLAN - IMPROVEMENTS VII SECTION – D
C-125 SITE PLAN - IMPROVEMENTS I STRIPING
C-126 SITE PLAN - IMPROVEMENTS II STRIPING
C-501 CENTURION STADIUM SEATING DETAIL I
C-502 CENTURION STADIUM SEATING DETAIL II
C-503 CENTURION STADIUM SEAT CUSHION DETAIL I
C-504 CENTURION STADIUM SEAT CUSHION DETAIL II
C-505 LED LIGHTING DETAILS I
C-506 LED LIGHTING DETAILS II
C-507 CONCRETE SPLASH BLOCK DETAIL
After award, one set of Adobe PDF contract drawings and PDF specifications, and one set of Micro-Station format drawings (if available) will be furnished to the Contractor on CD. Reference publications will not be furnished.
Contractor shall immediately check furnished drawings and notify the Government of any discrepancies.
A project construction sign will be required for this project. Contractor shall keep all permits and other documents required to be on the job site in a 3-ring binder or posed on a bulletin board within the construction area.
PERFORMANCE PERIOD: Barring any contingencies that arise during construction, the Government requires this project be completed within 60 calendar days. An additional 30 days will be added to the project completion dated to account for processing of award. Completion is defined as completion of all contractual obligations.
IDENTIFICATION OF THE PROCUREMENT TEAM:
Contracting Officer (ACO): The Contracting Officer has sole authority to obligate the Government.
Contracting Officer's Representative (COR): The COR is appointed by the Contracting Officer and serves as the Government's technical representative and primary point of contact in the field following contract award. The COR will inspect various phases of work in progress to ensure the 3-phase inspection plan is in place and being adhered to. The COR will perform all inspection and acceptance on behalf of the Government for this project.
Project Manager: The Project Manager developed and reviewed this requirement, and will participate in further developing the project through negotiation of a firm fixed price. The PM will serve as the technical liaison between the Government (fire and safety staff) and the contractor in clarifying work requirements, performance standards, and other technical requirements. Following contract award, the Project Manager is accessible only through coordination with the COR.
Design Engineer: Design Engineer developed this requirement, and will participate in further developing and reviewing the project through negotiation of a firm fixed price with the Project Manager. The DE will serve as a technical liaison to the in clarifying work requirements, performance standards, and other technical requirements. Following contract award, the Design Engineer is accessible only through coordination with the COR to the PM.
Division 2 Site Work:
1. The contractor shall install new splash block below each downspout on the gutter system.
2. Contractor shall cover all speakers and electronic systems with plastic sheading before the power washing process start.
3. Contractor shall replace all wire jackets with new ones on speaker system before power wash procedure start.
Division 3 Concrete:
2. The contractor shall repair all cracks in concrete floor structure in all seating areas.
3. The contractor shall power wash, repair all chipped edges, and re-surface concrete pad that staged old military tank vehicle.
Division 4 Masonry:
1. Contractor shall power wash the entire seating areas once all the seats have been removed, to include command staging area and sidewalk in front of seating area.
Division 7 Thermal & Moisture Protection:
1. Contractor shall apply and replace joint sealant to joints in concrete after power wash has been complete.
2. Contractor shall apply caulking material between opening along the top of each column and roof in-order to prevent roof leakage in seating areas during rainy weather.
Division 9 Finishes:
1. Contractor shall power wash and repaint the entire exterior and interior roof section of each seating areas. Contractor shall use an exterior latex semi-gloss paint. New paint color shall match the existing color.
2. Contractor shall clean and repaint all gutter system. Contractor shall use an exterior latex semi-gloss paint and new paint color shall match the existing color.
3. Contractor shall prepare all hand rail and column system to be repainted. An exterior latex semi-gloss paint shall be white in color.
4. Contractor shall restripe the existing stripe around pavement in front of stadium (Sadowski Field) using white oil/water base stripe paint. All mile markers shall be striped with a width of 4 inches and a minimum length of 10 feet. Wording shall be striped using 12 inch letters.
Division 11 Equipment:
1. Contractor shall replace all tip up stadium style seating with Centurion Stadium Chairs model#
131.46.35.45 centurion built by Irwin Seating Company, or another seat with similar style. Chairs will be “Blue” in color.
2. Contractor will insure that all section numbers on chairs matches the section number on canopy.
3. Contractor will insure that all seat numbers of the new seat will stay in the same order as existing numbers.
4. Contractor shall order 20 additional seat backs with cushion (white in color) and additional 20 seat bottom with cushion (white in color) for maintenance purposes.
5. All seat and back cushion will be made of marine grade material and “Dillion- White” in Color.
6. Contractor shall order a “Row Cover” (blue in color) to cover all seats when not in use. Row Cover will be made of a durable grade material that will withstand extreme weather condition. Row Cover must also fit securely around seats tightly due to aircraft landings and takeoffs.
7. Contractor shall demolished all old tip-up stadium seats in stage area to make room for new seats.
8. Contractor shall demolish all old light fixtures and replace with LED lighting system. The new lighting system shall be white in color. New LED light system will be of “ActiveLED” with the product number of “GU-R14-5012”, or better.
*** END OF SCOPE OF WORK***
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 POP 05-OCT-2017 TO
18-JAN-2018
N/A DIRECTORATE OF PUBLIC WORKS
DPW CONSTRUCTION COR
4612 ENGINEER DRIVE
FORT HOOD TX 76544
W45NQ9
0002 POP 05-OCT-2017 TO
18-JAN-2018
N/A (SAME AS PREVIOUS LOCATION)
W45NQ9
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 0002 Destination Government Destination Government
Exhibit/Attachment Table of Contents
DOCUMENT TYPE DESCRIPTION PAGES DATE
Attachment 1 Technical Exhibit A-
Specifications
01-NOV-2016
Attachment 2 Technical Exhibit B- Drawings
31-MAY-2017
Attachment 3 Attachment 1-Appendix A
04-AUG-2016
Section 00700 - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 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
OCT 2010
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreeements or Statements
JAN 2017
52.204-1 Approval of Contract DEC 1989 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
OCT 2016
52.204-13 System for Award Management Maintenance OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.211-13 Time Extensions SEP 2000 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting JAN 2017 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime
Compensation
MAY 2014
52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and
Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for
Construction
APR 2015
52.222-32 Construction Wage Rate Requirements--Price Adjustment (Actual Method)
JAN 2017
52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration
Equipment and Air Conditioners.
JUN 2016
52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
MAY 2008
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
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 52.236-3 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 Accident Prevention NOV 1991 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984
52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -
Alternate I
APR 1984
52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items JAN 2017 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2015 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
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.225-7048 Export-Controlled Items JUN 2013 252.227-7033 Rights in Shop Drawings APR 1966 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013
CLAUSES INCORPORATED BY FULL TEXT
52.000-4132 AMC-LEVEL PROTEST PROGRAM (NOV 2008)
If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC- Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.10. If you want to file a protest under the AMC- Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution.
HQ Army Material Command Office of Command Counsel 9301 Chapek Rd, Room 2-1SE3401 Ft. Belvoir, VA 22060-5527 Facsimile number (703) 806-8866 or 8875
Packages sent by FedEx or UPS should be addressed to:
HQ Army Material Command Office of Command Counsel Room 2-1SE3401 1412 Jackson Loop Ft. Belvoir, VA 22060-5527
The AMC-Level Protest procedures are found at:
http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp.
If internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.
(End of Provision)
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to provide bonds within 15 calendar days of contract award then to (a) commence work under this contract within 30 calendar days after receipt of the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 calendar days, making the total completion calendar days for this project 105 calendar days. * The time stated for completion shall include final cleanup of the premises.
(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 $968.17 for 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.
52.219-3 NOTICE OF HUBZONE SET-ASIDE OR SOLE SOURCE AWARD (NOV 2011)
(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (c).
(b) Applicability. This clause applies only to--
(1) Contracts that have been set aside or reserved for, or awarded on a sole source basis to, HUBZone small business concerns;
(2) Part or parts of a multiple-award contract that have been set aside for HUBZone small business concerns; and
(3) Orders set-aside for HUBZone small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) General. (1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns will not be considered.
(2) Any award resulting from this solicitation will be made to a HUBZone small business concern.
(c) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for--
(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;
(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;
(3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the HUBZone prime contractor's employees;
(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the HUBZone prime contractor's employees or on a combination of the HUBZone prime contractor's employees and employees of HUBZone small business concern subcontractors; and
(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or
(4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the HUBZone prime contractor's employees;
(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the HUBZone prime contractor's employees or on a combination of the HUBZone prime contractor's employees and employees of HUBZone small business concern subcontractors;
(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.
(e) A HUBZone joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the HUBZone small business participants.
(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.
(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.
(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.
(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .
(Contractor to sign and date and insert authorized signer's name and title).
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,'' ``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)
``United States'' means the 50 states and the District of Columbia.
``Worker''--
(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and --
(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);
(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541;
(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.
(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).
(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.
(b) Executive Order minimum wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.
(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.
(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.
(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2).
Contractors shall consider any subcontractor requests for such price adjustment.
(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provideduplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.
(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.
(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.
(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions.
(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.
(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.
(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.
(10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.
(c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition--
(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;
(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C.
214(c) are covered; and
(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.
(2) This clause does not apply to--
(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;
(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to--
(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a).
(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b).
(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).
(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.
(e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:
(i) Name, address, and social security number;
(ii) The worker's occupation(s) or classification(s);
(iii) The rate or rates of wages paid;
(iv) The number of daily and weekly hours worked by each worker;
(v) Any deductions made; and
(vi) Total wages paid.
(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.
(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.
(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract.
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