W9126G21B4574.pdf
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- Attached to
- Repair B56471 Classroom Re-purpose Federal contract opportunity
- Solicitation number
- W9126G21B4574
About this file
This document outlines a federal contract solicitation for construction services. The solicitation seeks to renovate and repurpose an existing dining facility building into a general use classroom facility. The Department of the Army Corps of Engineers Engineering District Fort Worth will award a contract to provide construction services to renovate Building 56471, including necessary work to repurpose the structure from a dining facility into classrooms. Responses to the solicitation are due by the date specified in the W9126G21B4574.pdf file. The selected contractor will be responsible for renovating and converting the existing building to support its new use as a general classroom building.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Repair B56471_Bid Abstract_FY21.pdf | ||
| am_03.pdf | ||
| am_02.pdf | ||
| Bldg. 56471 Site Visit Roster.pdf | ||
| am_01.pdf | ||
| 2009 B56471 AsBuilts Compiled.pdf | ||
| 1978 B56471 AsBuilts Compiled.pdf | ||
| 2008 B56471 AsBuilts Compiled.pdf | ||
| 2011 B56471 AsBuilts Compiled.pdf | ||
| 2014 B56471 AsBuilts Compiled.pdf | ||
| FY21 490407 HOOD DFAC BLDG 56471 RTA DRAWING SUBMITTAL.pdf |
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Text version
Design-Bid-Build Invitation for Bid
Repair B56471 Classroom Re-purpose Fort Hood, Texas
W9126G21B4574 Small Business August 2021
US Army Corps of Engineers Fort Worth District
This page was intentionally left blank
DFAC 56471 Repurpose To Classroom Facility FH20B56471
PROJECT TABLE OF CONTENTS
DI VI SI ON 00 - PROCUREMENT AND CONTRACTI NG REQUI REMENTS
00 11 00.01 SOLICITATION, OFFER AND AWARD, SF-1442
00 11 00.02 CONTRACT LINE ITEM SCHEDULE
00 21 00 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
00 21 30 SITE VISITS
00 45 00 REPRESENTATIONS AND CERTIFICATIONS
00 72 00 CONTRACT CLAUSES
00 73 00 SPECIAL CONTRACT REQUIREMENTS
00 73 46 WAGE DETERMINATION SCHEDULE
DI VI SI ON 01 - GENERAL REQUI REMENTS
01 00 00.00 44 CONSTRUCTION SCHEDULE
01 01 10.00 44 SPECIAL PROJECT REQUIREMENTS
01 30 00 ADMINISTRATIVE REQUIREMENTS
01 32 01.00 10 PROJECT SCHEDULE
01 33 00 SUBMITTAL PROCEDURES
01 35 10.00 44 SPECIAL PROJECT PROCEDURES FOR FORT HOOD
01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS
01 42 00 SOURCES FOR REFERENCE PUBLICATIONS
01 45 00.00 10 QUALITY CONTROL
01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)
01 45 35 SPECIAL INSPECTIONS
01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS
01 56 00.00 44 DUST CONTROL
01 57 20.00 10 ENVIRONMENTAL PROTECTION
01 58 00 PROJECT IDENTIFICATION
01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
01 78 00 CLOSEOUT SUBMITTALS
01 78 23 OPERATION AND MAINTENANCE DATA
01 91 00.15 10 TOTAL BUILDING COMMISSIONING
DI VI SI ON 02 - EXI STI NG CONDI TI ONS
02 41 00 DEMOLITION AND DECONSTRUCTION
02 82 00 ASBESTOS REMEDIATION
02 83 00 LEAD REMEDIATION
02 84 16 HANDLING OF LIGHTING BALLASTS AND LAMPS CONTAINING PCBs
AND MERCURY
02 85 00 MOLD REMEDIATION
DI VI SI ON 03 - CONCRETE
03 01 00 REHABILITATION OF CONCRETE
03 30 00 CAST-IN-PLACE CONCRETE
DI VI SI ON 04 - MASONRY
04 20 00 UNIT MASONRY
DI VI SI ON 05 - METALS
05 05 23.16 STRUCTURAL WELDING
05 12 00 STRUCTURAL STEEL
05 40 00 COLD-FORMED METAL FRAMING
05 50 13 MISCELLANEOUS METAL FABRICATIONS
PROJECT TABLE OF CONTENTS Page 1
05 51 00 METAL STAIRS
05 52 00 METAL RAILINGS
DI VI SI ON 06 - WOOD, PLASTI CS, AND COMPOSI TES
06 10 00 ROUGH CARPENTRY
06 61 16 SOLID SURFACING FABRICATIONS
DI VI SI ON 07 - THERMAL AND MOI STURE PROTECTI ON
07 14 00 FLUID-APPLIED WATERPROOFING
07 19 00 WATER REPELLENTS
07 21 16 MINERAL FIBER BLANKET INSULATION
07 21 23 LOOSE FILL THERMAL INSULATION
07 27 10.00 10 BUILDING AIR BARRIER SYSTEM
07 27 19.01 SELF-ADHERING AIR BARRIERS
07 27 36 SPRAY FOAM AIR BARRIERS
07 42 13 METAL WALL PANELS
07 60 00 FLASHING AND SHEET METAL
07 61 14.00 20 STEEL STANDING SEAM ROOFING
07 84 00 FIRESTOPPING
07 92 00 JOINT SEALANTS
DI VI SI ON 08 - OPENI NGS
08 11 13 STEEL DOORS AND FRAMES
08 11 16 ALUMINUM DOORS AND FRAMES
08 14 00 WOOD DOORS
08 31 00 ACCESS DOORS AND PANELS
08 41 13 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS
08 51 13 ALUMINUM WINDOWS
08 71 00 DOOR HARDWARE
08 81 00 GLAZING
08 91 00 METAL WALL LOUVERS
DI VI SI ON 09 - FI NI SHES
09 06 00 SCHEDULES FOR FINISHES
09 22 00 SUPPORTS FOR PLASTER AND GYPSUM BOARD
09 29 00 GYPSUM BOARD
09 30 10 CERAMIC, QUARRY, AND GLASS TILING
09 51 00 ACOUSTICAL CEILINGS
09 65 00 RESILIENT FLOORING
09 90 00 PAINTS AND COATINGS
DI VI SI ON 10 - SPECI ALTI ES
10 11 00 VISUAL DISPLAY UNITS
10 14 00.10 EXTERIOR SIGNAGE
10 14 00.20 INTERIOR SIGNAGE
10 21 13 TOILET COMPARTMENTS
10 26 00 WALL AND DOOR PROTECTION
10 28 13 TOILET ACCESSORIES
DI VI SI ON 12 - FURNI SHI NGS
12 24 13 ROLLER WINDOW SHADES
DI VI SI ON 21 - FI RE SUPPRESSI ON
PROJECT TABLE OF CONTENTS Page 2
21 13 13 WET PIPE SPRINKLER SYSTEMS, FIRE PROTECTION
DIVISION 22 - PLUMBING
22 00 00 PLUMBING, GENERAL PURPOSE
DIVISION 23 - HEATING, VENTILATING, AND AIR CONDITIONING (HVAC)
23 05 15 COMMON PIPING FOR HVAC
23 05 93 TESTING, ADJUSTING, AND BALANCING FOR HVAC
23 07 00 THERMAL INSULATION FOR MECHANICAL SYSTEMS
23 09 00 INSTRUMENTATION AND CONTROL FOR HVAC
23 09 13 INSTRUMENTATION AND CONTROL DEVICES FOR HVAC
23 09 23.01 LONWORKS DIRECT DIGITAL CONTROL FOR HVAC AND OTHER
BUILDING CONTROL SYSTEMS
23 11 20 FACILITY GAS PIPING
23 30 00 HVAC AIR DISTRIBUTION
23 52 00 HEATING BOILERS
23 64 10 WATER CHILLERS, VAPOR COMPRESSION TYPE
23 64 26 CHILLED, CHILLED-HOT, AND CONDENSER WATER PIPING SYSTEMS
23 81 00 DECENTRALIZED UNITARY HVAC EQUIPMENT
DIVISION 25 - INTEGRATED AUTOMATION
25 05 11 CYBERSECURITY FOR FACILITY-RELATED CONTROL SYSTEMS
25 08 10 UTILITY MONITORING AND CONTROL SYSTEM TESTING
25 10 10 UTILITY MONITORING AND CONTROL SYSTEM (UMCS) FRONT END
AND INTEGRATION
DIVISION 26 - ELECTRICAL
26 00 00.00 20 BASIC ELECTRICAL MATERIALS AND METHODS
26 08 00 APPARATUS INSPECTION AND TESTING
26 20 00 INTERIOR DISTRIBUTION SYSTEM
26 29 23 VARIABLE FREQUENCY DRIVE SYSTEMS UNDER 600 VOLTS
26 42 14.00 10 CATHODIC PROTECTION SYSTEM (SACRIFICIAL ANODE)
26 51 00 INTERIOR LIGHTING
DIVISION 27 - COMMUNICATIONS
27 10 00 BUILDING TELECOMMUNICATIONS CABLING SYSTEM
DIVISION 28 - ELECTRONIC SAFETY AND SECURITY
28 31 76 INTERIOR FIRE ALARM AND MASS NOTIFICATION SYSTEM,
ADDRESSABLE
-- End of Project Table of Contents --
PROJECT TABLE OF CONTENTS Page 3
ADDITIONAL DOCUMENTS
ASBESTOS SURVEY REPORTBUILDING 56471
Drawings (1 volume Issued Separately)
As Built Drawings (1978 B56471 AsBuilts, 2008 B56471 AsBuilts, 2009 B56471 AsBuilts, 2011 B56471 AsBuilts, 2014 B56471 AsBuilts, volume Issued Separately)
Project Title: Repair B56471 Classroom Re-purpose
Location: Fort Hood, Texas
This is a Small Business Design Bid Build construction Invitation for Bid.
NAICS: 236220 Small Business Size: $39.5M
Magnitude of Construction is betw een $1,000,000 and $5,000,000.00.
If the contractor fails to provide adequate and acceptable bond documents and insurance certif icate w ithin ten days after contract aw ard such f ailure shall constiture grounds f or termination for def ault w ithin the requirement of the Contracting Officer to f irst issue a "show cause" letter. The Government w ill not allow the contractor to w ork on the project unless the bond documents and insurance certif icate have been accepted by the Contracting Officer and a signed Notice to Proceed has been issued to the contractor . *Block 11. See Section 01
00 00.00 44 f or the Period of Performance.
X
EMMANUEL D HARDRICK (817) 886-1088
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS
NEGOTIATED
17-Aug-2021
(RFP)
(IFB)
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______1 calendar days and complete it w ithin ________400 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________01 00 00.00 44
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________16 Sep 2021 (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.
7. ISSUED BY CODE
US ARMY CORPS OF ENGINEERS FORT WORTH
819 TAYLOR STREET, RM 3A37
FORT WORTH TX 76102
W9126G
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
10:00 AM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
W9126G21B4574 62
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
Section: 00 11 00 W9126G21B4574
Item Unit Line Item No. Description Quantity Unit Price Amount
0001 All work required to renovate Building 56471 inside the 5 ft line 1 JOB $ *** $
0002 Destructive HAZMAT Testing 1 JOB $ *** $
0003 Abatement Mold 1 JOB $ *** $
0004 Abatement Asbestos 1 JOB $ *** $
0005 Abatement Lead 1 JOB $ *** $
Repair B56471 Classroom Re-purpose Fort Hood, Texas
CONTRACT LINE ITEM SCHEDULE
BASE OFFER: All work required by the Contract.
TOTAL OFFER
Section: 00 11 00 W9126G21B4574
Repair B56471 Classroom Re-purpose Fort Hood, Texas
CONTRACT LINE ITEM SCHEDULE
NOTES:
NOTE NO. 1. To better facilitate the receipt and proposal process, all modifications to proposals are to be submitted on copies of the latest Contract Line Item (CLIN) schedules as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to line items, all Offerors should state their revised prices for each item.
NOTE NO. 2. Offerors must insert a price on all numbered items of the CLIN Schedule. Failure to do so may result in the offer being unacceptable .
NOTE NO. 3. All the extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the offer.
NOTE NO. 4. Responders are advised that this requirement may be delayed, cancelled or revised at any time during the solicitation, selection, evaluation, negotiation and/or final award process based on decisions related to DOD changes in force structure and disposition of the Armed Forces.
NOTE NO. 5. Any proposal that is materially unbalanced as to prices for the Base Schedule may be rejected. An unbalanced proposal is one that is based on prices significantly less than the cost for some work and prices that are significantly overstated for other work and can also exist where only overpricing or underpricing exists.
NOTE NO. 7. Profit will not be paid on insurance or bonds
W9126G21B4574
Section 00 21 00 - Instructions, Conditions and Notices to Offerors
SEALED BIDDING INSTRUCTIONS
Section 00 21 00 - Instructions, Conditions and Notices to Offerors
S EALED BIDDING INSTRUCTIONS
SEALED BIDDING INSTRUCTIONS
1. INQUIRIES
OFFEROR'S QUESTIONS AND COMMENTS
All questions and/or comments are to be submitted via ProjNet.
Bidder Inquiry in ProjNet at h ttp://www.projnet.org/projnet
To submit and review bid inquiry items, bidders will need to be a current registered user or self- register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.
From this page you may view all bidder inquiries or add inquiry.
Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed.
The Solicitation Number is: W9126G21B4574
The Bidder Inquiry Key is: I8BUIP-2FP53P
Last day to submit ProjNet questions is 5 calendar days prior to bid closure date in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.
Offerors are requested to review the specification in its entirety, review the
Bidder Inquiry System for answers to questions prior to submission of a new inquiry.
The call center operates weekdays from 8AM to 5PM U.S. Central Standard
Time Zone (Chicago). The telephone number for the Call Center is 800-428-
HELP.
2. SMALL BUSINESS SIZE STANDARD/NAICS CODE
The small business size standard is $39.5M and the NAICS Code is 236220.
http://www.projnet.org/projnet
3. INSTRUCTIONS TO OFFERORS
SPECIAL INSTRUCTIONS PERTAINING TO ELECTRONIC BIDS
SUBMISSION (FAR 14.302 & 14.304)All bids and a copy of the SF24 Bid
Bond MUST be received electronically via the DoD SAFE website at https://safe.apps.mil/ no later than 16 September 2021 at 10:00 AM (CDT).
No bids, or amendments to bids, in Original will be accepted.
a. Electronically submitted offers must include the completed SF 1442 (in accordance with FAR
52.214-18), Acknowledgement of all amendments, completed CLIN schedule, and original Bid
Bond.
b. Offers received will be publicly opened at the following location:
US Army Engineer District, Fort Worth 819 Taylor St, Room TBD
Fort Worth, TX 76102
16 September 2021 at 02:00 PM (CDT)
c. Teleconference Dial-in Information for the public:
Call-in: 1-844-800-2712 US Toll Free
Participant/Access Code: 1998 82 0222
d. Please note, oral explanations or instructions are not binding. Any information given to an
Offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.
e. SENDING FILES. In an effort to reduce paperwork and reduce cost, a ll proposals shall be submitted electronically. All submissions should be in Adobe PDF format. The Price Proposal and Technical Proposal shall be submitted as “separate” single files. Offerors may use compressions utility software such as WinZip or PKZip to reduce file size and facilitate transmission.
Title the file(s) in the following format:
W9126G21B4574_COMPANY NAME_DESCRIPTION
Submit the Price and Technical proposals electronically via the DoD SAFE website at h ttps://safe.apps.mil/.
At the DoD SAFE website (https://safe.apps.mil), select the box "Click Here" on the side for Non-
CAC Users. The website will require offeror to enter Personal Information, upload files (PDF format required), and include a brief description with the RFP number. In Recipient Information https://safe.apps.mil/ type in the Contract Specialist and the Contracting Officer’s email address (see below) and click the “Add” tab. No other boxes are required to be checked. Click Upload, click I Agree to the SAFE Usage Policy, and you should see the spinning wheel that says “uploading”. Once uploading is complete, the website will tell you that your files were successfully (or unsuccessfully) uploaded. In order to complete the proposal submission you must check your email for further instructions. Once you verify your email address the Government will then be able to download the files.
Contract Specialist, Mr. Emmanuel Hardrick, email: emmanuel.d.hardrick@usace.army.mil
Contracting Officer, Mr. John Rodgers, email: john.h.rodgers@usace.army.mil
In order for an outside user (the contractor) to submit a proposal for the solicitation, they must receive a drop-off request from an inside user (the government). When the inside user generates a drop-off request for you, you will receive an email with a link to submit your drop-off. Optionally, the Government may provide you with a request code. In that case, click the Drop-off button on the SAFE home page and enter the Request code.
To request and receive a drop-off request for this solicitation, email the Contract Specialist and
Contracting Officer two (2) working days before the proposal due date. The Contracting Officer for this project is: Mr. John Rodgers Email address is john.h.rodgers@usace.army.mil. The
Contract Specialist for this project is: Mr. Emmanuel Hardrick. Email address is emmanuel.d.hardrick@usace.army.mil. Include the solicitation number in your Email Subject
Line: W9126G21B4574.
Proposals received after the date and time will be handled in accordance with FAR 15.208-
Submission, Modification, Revision and Withdrawal of Proposals.
f. Original copies of the Bid Bond shall be submitted to the following point of contact two (2) business days after the bid due date.
US Army Engineer District, Fort Worth
ATTN: Emmanuel Hardrick
819 Taylor St, Room 2A17
Fort Worth, TX 76102-0300
g. OFFERS BY TELEGRAPH. Offers received by telegraph, modifications thereto, or cancellations of offers will NOT BE ACCEPTED.
h. FACSIMILE OFFERS. Facsimile offers, modifications thereto, or cancellations of offers will
NOT BE ACCEPTED.
i. EMAIL. Modifications and cancellations of offers WILL NOT be accepted. Only the original electronically submitted bid will be accepted by the Government via the DoD SAFE website at https://safe.apps.mil/.
https://safe.apps.mil/
j. RESPONSIBILITY. Award will be made to the lowest, responsible bidder whose bid, conforming to the invitation for bids, will be the most advantageous to the Government. To be determined responsible, the apparent low bidder shall:
(1) Have adequate financial resources to perform the contract, or the ability to obtain them.
The contractor will be required to provide the Name of the Financial Institution, POC, and phone number.
(2) Have a satisfactory performance record. The contractor shall have no performance annotated with an individual rating of less than SATISFACTORYon any Final Evaluation within the last six (6) years from the bid opening date.
(3) Have a satisfactory record of integrity and business ethics. Awardee will be required to provide at least three (3) references for like work, to include Business Name, Point of
Contact, and telephone number.
(4) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). Per FAR 9.104-3, acceptable evidence normally consists of a commitment or explicit arrangement that will be in existence at the time of the contract to acquire the needed facilities, equipment, other resources or personnel.
(5) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and
(6) Be otherwise qualified and eligible to receive an award under applicable laws and regulations
k. NOTIFICATION OF UNSUCCESSFUL BIDDERS. All contract award information for this solicitation will be published electronically on beta.sam.gov, website: h ttps://sam.gov/, Solicitation Number W9126G21B4574. Written unsuccessful bidder letters will not be issued.
l. PREPROPOSAL CONFERENCE / SITE VISIT
SITE VISIT. See FAR clause 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) –
ALTERNATE I (FEB 1995)
IMPORTANT NOTES. (1) Remarks and explanations addressed during the conference shall not qualify or alter the terms and conditions of the solicitation. (2) The terms and conditions of the solicitation remain unchanged unless the solicitation is formally amended in writing.
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018
52.204-22 Alternative Line Item Proposal JAN 2017
52.214-3 Amendments To Invitations For Bids DEC 2016
52.214-4 False Statements In Bids APR 1984
52.214-5 Submission Of Bids DEC 2016
52.214-6 Explanation To Prospective Bidders APR 1984
52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999
52.214-18 Preparation of Bids-Construction APR 1984
52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996
52.214-34 Submission Of Offers In The English Language APR 1991
52.214-35 Submission Of Offers In U.S. Currency APR 1991
52.222-5 Construction Wage Rate Requirements--Secondary Site of the
Work
MAY 2014
52.225-10 Notice of Buy American Requirement--Construction
Materials
MAY 2014
52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
CLAUSES INCORPORATED BY FULL TEXT
52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)
Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations
System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]
(End of provision)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance
Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade
Goals for female participation for each trade
16.4% 6.9%
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract
Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from
Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract
Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is see Section 00 73
46.
52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.
The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-
(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000.00, whichever is less.-
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from
USACE Fort Worth
Attention: John Rodgers
819 Taylor St.
Fort Worth, TX 76102
SWF-Protest@usace.army.mil
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for--
See Section 00 21 30
(c) Participants will meet at--
See Section 00 21 30
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov http://www.usace.army.mil/Portals/2/docs/Contracting/UAI_Version%203__1%20NOV%202014.pdf
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
SECTION 00 21 30
SITE VISITS
PART 1 GENERAL
1.1 SITE VISITS
(a) Pursuant to Contract Clause "FAR 52.236-3, Site Investigation and Conditions Affecting the Work," and the Site Visit Clause in Section 00 21 00 INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS, prospective bidders will be permitted to inspect the site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the Contract to the extent such information is reasonably obtainable. Bidders are urged and expected to inspect the site where the work will be performed. Site visits will be arranged during normal duty hours.
(b) Site visit information: The site visit will be:
Date: 27 Aug 2021 POC: Brad Butts EMAIL: brad.d.butts@usace.army.mil Office Phone: (254) 285-3189 Cell Phone: (254) 220-2126
Offerors and subcontractors wishing to participate must submit a complete listing of all personnel to attend the preproposal site visit, via email, to the referenced Base Access POC, a minimum of two (2) calendar days prior to the preproposal site visit. Site visit appointments are limited to 2 hours each. Each contractor or subcontractors is limited to three (3) personnel for the site visit. Include the following information for all attendees and subcontractors. The first name on the list will indicate: TEAM CHIEF (POC), and this individual will be responsible for all other personnel:
Offeror's and offeror's subcontractor personnel full names Driver's License, including the State Issued Firm
Personnel are required to wear masks during site visits, and maintain a distance of six (6) feet between individuals, where able. Contractors must provide their own masks.
NOTE: The U.S. Government will conduct a check of every individual submitted; this will include checking all law enforcement databases.
Persons with questionable criminal records or outstanding warrants will be denied access to the installation.
(c) In no event will a failure to inspect the site constitute grounds for
DOCUMENT 00 21 30 Page 1 withdrawal of a bid after bid opening or for a claim after award of the contract.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
-- End of Section --
DOCUMENT 00 21 30 Page 2
Section 00 45 00 - Representations and Certifications
52.204-16 Commercial and Government Entity Code Reporting AUG 2020
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
OCT 2018
52.222-22 Previous Contracts And Compliance Reports FEB 1999
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.209-7002 Disclosure Of Ownership Or Control By A Foreign
Government
JUN 2010
252.225-7031 Secondary Arab Boycott Of Israel JUN 2005
52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal
Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a
Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN).
___ TIN:.--------------------------------------------------------
___ TIN has been applied for.
___ TIN is not required because:
___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
___ Offeror is an agency or instrumentality of a foreign government;
___ Offeror is an agency or instrumentality of the Federal Government.
(e) Type of organization.
___ Sole proprietorship;
___ Partnership;
___ Corporate entity (not tax-exempt);
___ Corporate entity (tax-exempt);
___ Government entity (Federal, State, or local);
___ Foreign government;
___ International organization per 26 CFR 1.6049-4;
___ Other--------------------------------------------------------
(f) Common parent.
___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
___ Name and TIN of common parent:
Name-------------------------------------------------------------------
TIN--------------------------------------------------------------------
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics
Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA
Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code:
Immediate owner legal name: ___
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity?:
[ ___ ] Yes or [ ___ ] No.
(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
Highest-level owner legal name:
(Do not use a ``doing business as'' name)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--
Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-
Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the
Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or
Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)
(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds
"will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered
(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered
(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)
(https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--
REPRESENTATION (NOV 2015)
(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(c) Representation. The Offeror represents that--
(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and
(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.
52.209-4 FIRST ARTICLE APPROVAL--GOVERNMENT TESTING (SEP 1989)
(Contracting Officer shall insert details)
(a) The Contractor shall deliver unit(s) of Lot/Item within calendar days from the date of this contract to the Government at (insert name and address of the testing facility) for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.
https://www.sam.gov/
(b) Within calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.
(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The
Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The
Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.
(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.
(e) Unless otherwise provided in the contract, the Contractor--
(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and
(2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense.
(f) If the Government does not act within the time…
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