Solicitation TFI Upgrade Bldgs 37 49.doc

Section 00010 - Solicitation Contract Form

BASE BID FOR PRQE 089032

FFP

REMODEL BUILDING 37

FOB: Destination

NET AMT

BASE BID FOR PRQE 089032

REMODEL BUILDING 49

NET AMT

ABI 1

GROUND SOURCE HEAT PUMP WITH BASE LOAD 190 WELLS

BLDG 37, OPTION 15

NET AMT

ABI 2

VINYL WALLCOVERING, CERAMIC PAVER TILE, INTERIOR SIGNAGE, AND PAINT CONCRETE FLOORS

BLDG 49, OPTIONS 3, 4, 7, 16

NET AMT

ABI 3

VINYL WALLCOVERING, CERAMIC PAVER TILE, PAINT CONCRETE FLOOR, AND INTERIOR SIGNAGE

BLDG 37, OPTIONS 3, 4, 6, 7

NET AMT

ABI 4

RAISED ACCESS FLOORING

BLDG 49, OPTION 5

NET AMT

ABI 5

ALUM/GLASS DOOR, MAIN ENTRANCE CANOPY, AND CARDIO ENTRANCE CANOPY

BLDG 49M, OPTIONS 10, 17,18

NET AMT

ABI 6

FIXED SEATING AT THE AUDITORIUM

BLDG 49, OPTION 6

NET AMT

ABI 7

CONCRETE GAZEBO PAD WITH BRICK PAVERS

BLDG 37, OPTION 11

NET AMT

ABI 8

CONCRETE GAZEBO PAD

BLDG 49, OPTION 9

NET AMT

ABI 9

TELEVISION & PROJECTOR MOUNTS AND VISUAL DISPLAY SURFACES

BLDG 37, OPTIONS 1 AND 2

NET AMT

ABI 10

TELEVISION & PROJECTOR MOUNTS AND MARKERBOARDS & TACKBOARDS

BLDG 49, OPTIONS 1 AND 2

NET AMT

ABI 11

ACOUSTICAL CEILING BAFFLES, WALL & CEILING PAINTING

BLDG 49, OPTION 20

NET AMT

ABI 12

PARKING LOT

BLDG 37, OPTION 10

NET AMT

ABI 13

DEMO BLDG 9 PARKING LOT

BLDG 37, OPTION 16

NET AMT

ABI 14

DEMO HOIST RAIL

BLDG 49, OPTION 14

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

MAJ BROCK SISSEL

57330 MUSTANG DRIVE

BLDG 3 184 CES

MCCONNELL AFB KS 67221-9013

316.759.7476

F7V3CE

SECTION 00010

Section 00010 – Solicitation Contract Form

SECTION 00010

TABLE OF CONTENTS/NOTES

SOLICITATION, OFFER, AND AWARD SF 1442 AND SF 1442 BACK

SECTION 00010 – BID SCHEDULE, NOTES

SECTION 00100 – INSTRUCTIONS, CONDITIONS AND NOTICE TO OFFERORS

SECITON 00600 – REPRESNTATIONS AND CERTIFICATIONS*

SECTION 00700 – CONTRACT CLAUSES

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

*Note that as of 1 January 2005, offerors are now required to use Online Representations and Certifications (ORCA) and to update them annually. The website for ORCA is http://orca.bpn.gov. This is in addition to filling in the Representations and Certifications in Section 00600.

SECTION 00010

NOTES

1. A complete bid package must contain the following: Offer, Standard Form (SF 1442), Section 00010 Line Items and Section 00600, Representations and Certifications completed in their entirety. Bid Guarantee is Required, 20%, per FAR Part 28.101-2(b). In addition, the offeror must have entered current and complete data within the past year Online Representations and Certifications (ORCA) is http://orca.bpn.gov. When completing the “Offeror” portion of the SF 1442 (Blocks 14-20), an official having the authority (to contractually bind the company) must sign the SF 1442 in accordance with FAR 4.102. One copy of the SF 1442 is required to have an original signature. All amendments to the solicitations must be acknowledged. Mark the front of the envelope with the following “BID No. W912JC-10-B-0001”, and the Name and Address of Bidder. See Block 13A of SF 1442 for required number of copies.

2. All questions and requests for information regarding this Invitation For Bids (IFB) must be received NOT LATER THAN 26 May 2010 in writing, in order to minimize the need to extend the bid opening date. Questions may be emailed to linda.ehrhart@us.army.mil and brock.sissel@ang.af.mil. See Section 00100 for more information.

3. Offeror’s attention is invited to the insurance requirement contained in the solicitation (Contract Clause FAR 52.228-5). Certification of the required coverage for the prime contractor shall be furnished prior to beginning work on this contract, and the Contracting Officer may request evidence of the required insurance at any time during the life of the contract.

4. Solicitations will be issued on the SF 1442.

5. Reference Contract Clause 242.236-7008, CONTRACT PRICES – BIDDING SCHEDULES (Dec 1995). The prices shown in the Bidding Schedule must reflect ALL costs involved in performing the work, as described in the plans and specifications.

6. The term “Bidding Schedule” shall also be construed to mean “Offer Schedule” or “Schedule”. The terms “bid” and “offer” and “bidder” and “offeror” shall be construed as having the same meaning in this solicitation and resulting contract.

7. All information relating to this IFB, including pertinent changes/amendments and information will be posted on the web site: www.fbo.gov For security reasons, all potential offerors, plan rooms and printing companies are required to register in the Central Contractor Registration (CCR), http://www.ccr.gov, and the FEDERAL BUSINESS OPPORTUNITIES, http://www.fbo.gov formally www.fedteds.gov in order to view or download the plans or drawings from the web site. A link to this site can be found under Plans at the solicitation website.

8. Facsimile transmission of bid is not authorized.

9. Offeror’s attention is directed to the specifications requirements for Permits. The contractor will be responsible for obtaining all required permits. Work for which the permit is required cannot be accomplished until a valid permit is issued and submitted to the contracting officer.

10. Davis Bacon Act and applicable labor laws apply to this federal contract. General Wage Decision Number KS100008, dated 3/19/2010 is applicable. All bidders are advised to ensure that the most recent decision be applied for labor costs under this solicitation. The most recent determination will be used during the contract performance period after award.

12. This is an Invitation For Bids UNRESTRICTED.

13. Significant Liquidated Damages (see FAR Clause 52.211-12) apply for exceeding the 180 calendar day contract performance period. Offeror’s attention is directed to the performance period requirements in the specifications.

End of Section 00010

Section 00100 - Bidding Schedule/Instructions to Bidders

SECTION 00100

Section 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1.0 INTRODUCTION

SCOPE:

You are invited to submit a BID in response to our Invitation for Bid (IFB) entitled MILCON Project 089032 TFI-Upgrade DCGS Facilities (Buildings 37 & 49) McConnell AFB, Wichita, KS in accordance with plans and specifications. As a result of this solicitation, the Government intends to award a Firm Fixed Price (FFP) contract resulting from this solicitation to the responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Government, considering only price

1.2 NOTICE OF PRE-BID CONFERENCE AND SITE VISIT:

1.2.1. A pre-bid conference will be conducted on Tuesday, May 11, 2010 at 10:00 A.M. local time at 184th Intell Wing, Bldg 3, McConnell AFB, Wichita, KS for the purpose of briefing on the bid requirements, answering questions regarding this solicitation, and conducting a site visit. All interested offerors are encouraged to attend the pre-bid conference and site visit.

1.2.2. Due to security conditions, all offerors must register to attend this conference and site visit. Email the following information for all attendees to Linda Ehrhart at linda.ehrhart@us.army.mil and Brock Sissel at brock.sissel@ang.af.mil no later than 2:00 P.M. local time on 10 May 2010.

Firm Name and Telephone Number

Visitor’s Name and Social Security No.

Drivers License

Citizenship

1.2.2.1 This information must be provided in advance in order to ensure access to the military base and conference site and ensure adequate seating the conference attendees. The furnishing of the above information is voluntary; however your failure to furnish all or part of the requested information may result in the Government’s denial of your access to the pre-bid conference. This information will be provided to the Base Security Forces who will authorize your entrance to the McConnell AFB, Wichita, KS. None of the above information furnished by you and protected under the Privacy Act shall be released unless permitted by law and/or you have consented to such.

184 CES will have a Bus waiting in the Cessna Activity Parking Lot off George Washington Blvd and Oliver to transport any contractors that do not have an access badge. Bus will leave the parking lot at 9:55 AM.

1.2.3 Bidders are requested to submit ALL questions on Exhibit A for the conference via e-mail to Linda Ehrhart at linda.ehrhart@us.army.mil or by fax to 785 274-1642 and Brock Sissel at brock.sissel@ang.ar.mil by 2:00 P.M. local time 10 May 2010. Information provided at this conference shall not qualify the terms and conditions of this solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

1.2.4 A record of the conference shall be made and furnished to all prospective offerors via posting to our web site at www.fbo.gov. The record will include minutes of the meeting, including questions (on a non-attribution basis) and answers.

1.3. CLAUSES:

1.3.1 Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

1.3.2 Clauses and provisions in this document may not appear in consecutive order.

1.4. REMOVAL OF SECTIONS AT TIME OF AWARD:

Section 00100 and 00600 will be physically removed as a result of an award, but will be deemed to be incorporated by reference in that award.

1.5. DISPOSITION OF UNSUCCESSFUL BIDS:

In compliance with FAR Subpart 4.8, the Government will retain one copy of all unsuccessful bids. The Government will destroy extra copies of the unsuccessful bids. No destruction certificate will be provided.

1.6. FORMAL COMMUNCATION, OFFEROR EXPLANATIONS:

1.6.1 Any explanation desired by a bidder regarding the meaning of interpretation of the solicitation, drawings, specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach bidders before the submission of the bid. Any interpretations made will be the form of an amendment of the solicitation, drawings, specifications, etc, and will be furnished to all prospective offerors via posting to our web site at www.fbo.gov. Receipt by the bidder must be acknowledged in the space provided on the SF 1442, or by returning a signed copy of the amendment by the time set for bid opening. Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding. Questions (on a non-attribution basis) and answers shall be furnished to all prospective offerors via the web site. For security reasons, all potential offerors, plan rooms and printing companies are required to register in the Central Contractor Registration (CCR), http://www.ccr.gov/ and www.fbo.gov in order to view or download the plans or drawings from the web site.

1.6.2 Questions and requests for clarification and information concerning this solicitation must be submitted in writing, electronic mail or by facsimile (electronic mail is preferred) to the contracting office at the address below:

1.7. AMENDMENTS PRIOR TO DATE SET FOR OPENING OF BIDS: The right is reserved, as the interest of the Government may require, to revise or amend, the solicitation, specifications or drawings prior to and/or after the date set for opening of bids, as necessary. Such changes, if any, will be announced by an amendment or amendments to this Invitation for Bids. All information relating to this IFB including pertinent changes/amendments and other information applicable prior to the date set for receipt of bids will be posted on the following website www.fbo.gov. Though every effort will be made to provide email notification when a change is posted such notification is NOT guaranteed and should not be expected. Offerors are strongly cautioned to check this site frequently and to “refresh” their web page to ensure they have the lasted information.

1.8. HAND CARRIED BIDS/INVITATIONS:

Hand carried bids are to be delivered to United States Property & Fiscal Office (USPFO) for Kansas, Purchasing & Contracting, 2737 S. Kansas Ave, Topeka, KS 66611. Hand carried bids must be delivered PRIOR to the time established for opening of bids. Bidders are cautioned that they will be required to produce identification at the security gate to enter the facility and should allow time to accomplish this. Late receipt of bids due to base entry delays may not be deemed excusable and the Contracting Officer may declare the bid “late” in accordance with FAR 14.304.

1.9. WAGE DETERMINATION

Davis Bacon Wage Rates are applicable to the project. The current prevailing wage determination information, current at time of issuance of solicitation is KS100008, dated 3/19/2010. In the event the current prevailing Wage Determination is changed by the Department of Labor prior to 10days before bid opening, the updated Wage Determination is hereby considered incorporated and an amendment will be issued. Wage rates can be found at http://www.wdol.gov/wdol/scafiles/davisbacon/KS17.dvb Bidders are cautioned that they should download and maintain a copy of the wage decision, as current revisions will NOT be available from this website or from DOL, once modified.

1.10. BID PREPARATION EXPENSES AND PRE-CONTRACT COSTS:

This IFB does not commit the Government to pay costs incurred in preparation and submission of initial and subsequent proposals or for other costs incurred prior to award of a formal contract.

1.11. INFORMATION REGARDING AVAILABILITY OF UTILITY SERVICES:

It has been determined that all reasonable amounts of electricity and water, where/if physically available, used in connection with this project will be furnished to contractor without cost. The bidder shall take this into consideration when computing its bid. (FAR Clause No. 52.236-14, Availability and Use of Utility Services.)

Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

END OF SECTION 00100

CLAUSES INCORPORATED BY REFERENCE

52.211-6

Brand Name or Equal

Aug 1999

52.214-3

Amendments To Invitations for Bids

Dec 1989

52-214-4

False Statement in Bids

Apr 1984

52.214-5

Submission of Bids

Mar 1997

52.214-6

Explanation To Prospective Bidders

Apr 1984

52.214-7

Late Submissions, Modifications, and Withdrawals of Bids Nov 1999

52.214-34

Submission of Offers in the English Language

Apr 1991

52.214-35

Submission of Offers In U.S. Currency

Apr 1991

252.232-7003 Electronic Submission of Payment Requests & Receiving Mar 2008

Reports

232.232-7010 Levies on Contract Payments

Dec 2006

52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within 60 calendar days from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

(End of clause)

Section 00600 - Representations & Certifications

SECTION 00600

Section 00600 - Representations & Certifications

CLAUSES INCORPORATED BY REFERENCE

INSTRUCTIONS

Representations & Certifications: Offeror must complete application at http://orca.bpn.gov.

CLAUSES INCORPORATED BY REFERENCE

52.211-13 Time Extensions

SEP 2000

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236210.

(2) The small business size standard is $33,500,000.00

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (c) applies.

[ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of provision)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JUL 2005)

(a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(iii) Otherwise successful offers of eligible products under the Trade Agreements Act when the dollar threshold for application of the Act is exceeded (see 25.402 of the Federal Acquisition Regulation (FAR)); and

(iv) Otherwise successful offers where application of the factor would be inconsistent with a Memorandum of Understanding or other international agreement with a foreign government.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer.

These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) 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 procurement from a non-manufacturer of such 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, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other 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 HUBZone small business participant or participants.

(f) A HUBZone small business concern non-manufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

(End of clause)

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it:

____ (1) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

____ (2) Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

(End of provision)

SUPPLEMENTAL INFORMATION- OFFEROR COMPLETE AND RETURN WITH PROPOSAL

Provide the following information and submit in Volume 1 of your proposal

Offeror Name

Complete Address

Point of Contact

Email address(s)

Phone Number

Fax Number

Cage Code

DUNS Number

TAX ID

Business Size- Include all that are applicable- explanations/definitions of these can be found in the representations and certifications located at http://orca.bpn.gov. The ORCA site contains an ORCA Application Handbook and an ORCA Quick Reference Guide. To access them, simply click on the "Help" link at the top of the ORCA homepage. Ensure your Central Contractor Registration (CCR) information is up-to-date. Complete annual Representations and Certification on line at http://orca.bpn.gov if you have not already done so.

Information provided below will be used to verify your certifications.

Check all that are applicable

(End of Provision)

Section 00700 - Contract Clauses

SECTION 00700

Section 00700 Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of The Local State Judge Advocate for the Kansas National guard and shall not be binding until so approved.

(End of clause)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceeds, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 calendar days from notice to proceeds. 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 a one-time fixed fee of $575.00 plus $425.00 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.

(End of clause)

52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)

(a) The Contractor shall notify the Contracting Officer of designee, in writing, 10 days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the code of Federal Regulations, in effect on the date on this contract, or (2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 micro curies per gram or the activity per item equals or exceeds 0.01 micro curies. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items of notice as to the hazards involved (OMB No. 9000-0107).

(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waives the notice requirement in paragraph (a) of this clause. Any such request shall --

(1) Be submitted in writing:

(2) State that the quantities of activity, characteristics, and composition of the radioactive material have not changed.

(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.

(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 micro curies per gram or activity per item equals or exceeds 0.01 micro curies, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract.

(d) This clause, including this paragraph (d), shall insert in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause.

(End of clause)

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 15 (Fifteen) percent (15%) of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by (see specifications and drawings).

(b) Weather conditions ……….. (See Section 00800, Time Extensions for unusually severe weather).

(c) Transportation facilities . ………..(NA)

(d) . . . . . . . . . . (N/A).

(End of clause) Section 00800 - Special Contract Requirements

SECTION 00800

Section 00800 - Special Contract Requirements

SECTION 00800

1.

INSURANCE - MINIMUM AMOUNTS

a.

Reference Contract Clause titled, "Insurance -Work on a Government Installation (FAR 52.228-5. Kinds and minimum amounts are as follows:

KIND

AMOUNTS (FAR 28.307-2)

Workmen's Compensation $100,000 (1)

Comprehensive General Liability $500,000 per occurrence for bodily injury

Comprehensive Automobile Liability $200,000 per person and $500,000 per accident for bodily injury and $20,000 for property damage

(If applicable) $200,000 per person and $500,000 per occurrence

Aircraft Public and Passenger for bodily injury, other than passenger

Liability liability and $200,000 per occurrence for property damage, coverage for passenger liability bodily injury shall be at least

$200,000 multiplied by the number of seats or passengers, whichever is greater.

b. Except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

c. NOTE: Before commencing work under this contract, the Contractor shall certify to the Contracting Officer, in writing, that the required insurance had been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

2.

SUBCONTRACTING PLAN

A large business that is apparent low bidder will be required to submit a Subcontracting Plan in accordance with FAR 19.7 upon request by the contracting officer. The large business offeror shall compile a consolidated report at least semi-annually, or when directed by the Contracting Officer, when data is required for reporting purposes.

3.

SCHEDULING

(Note: At time of award this paragraph will be modified to the negotiated schedule for this project.) Normal base work hours for the Contractor will be between the hours of 7:00 AM through 4:30 PM, excluding Saturdays, Sundays, and Federal Holidays. If the Contractor desires to work during periods other than above, he must notify the Contracting Officer’s Representative (COR) three (3) working days in advance of his intention to work during other periods to allow assignment of additional inspection forces. When the COR determines that they are reasonably available, he may authorize the Contractor to perform work during periods other than normal duty hours/days. However, if inspectors are required to perform in excess of their normal duty hours/days solely for the benefit of the Contractor, the actual cost of the inspection, at overtime rates, will be charged to the Contractor and will be deducted from the final payment of the Contract amount.

b.

The following Federal legal Holidays are observed by this base:

New Year's Day 1 January

Martin Luther's King's Birthday Third Monday of January

President's Day Third Monday of February

Memorial Day Last Monday of May

Independence Day 4 July

Labor Day

First Monday in September

Columbus Day Second Monday in October

Veteran's Day 11 November

Thanksgiving Day Fourth Thursday in November

Christmas Day 25 December c.

NOTE: Any of the above holidays falling on a Saturday will be observed the preceding Friday, holidays falling on a Sunday will be observed on the following Monday.

d.

Prior to commencing work on the job initially, resumption of work after prolonged interruption (7 calendar days or more) commencement of any warranty work, and upon completion of warranty work, the contractor must notify the Contracting Officer (or his/her Contracting Officer Representative). When relocating to new sites, returning to sites for follow-up work on a phased work plan, notification to the Contracting Officer’s Representative is sufficient. Notification should be by personal contact; however, advance notification may be by telephone, or in writing, and should be accomplished sufficiently in advance to allow scheduling of inspection forces. The above precautions are to ensure construction inspection and recording of work proceedings.

e.

The organization of the specifications into divisions, sections, and articles, and the arrangement of the drawings shall not control the Contractor in dividing the work among subcontractors or in establishing the extent of the work to be performed by any trade.

4.

INVOICING AND Payment

a. Properly prepared invoices, or designated invoices forms provided at the pre-construction meeting or AIG702 or similar, bearing the contract number, will be submitted to the Contracting Office designated in the task order award. This submission will be for review prior to submitting an electronic invoice through Wide Are Workflow (WAWF).

b. To meet compliance with DFARS 252.232-7003, Electronic Submission of Payment Requests, you shall submit your request for payment (invoice) through WAWF. For more information on the WAWF system, including how to register, visit the National Contracting Office website at: http://www.nationalguardcontracting.org. Payment will be made by paying office specified in the task order in accordance with the clauses Payments under Fixed-Price Construction contracts, FAR 52.32-5, and Prompt Payment for Construction Contracts, FAR 52-232.

c. All payments shall be made by electronic transfer of funds (EFT).

d. The Government will make payment through WAWF upon satisfactory completion of work AND receipt of a proper certification for payment.

e. Payment will be withheld unless all contractual requirements including but not limited to: RECEIPT OF PROPER WEEKLY PAYROLLS IAW DAVIS BACON REQUIREMENTS, Small Business Subcontracting Reports, have been timely received.

f. All requests for payments through WAWF must include a Subcontractor Payment Register pursuant to FAR 52.232-5 and a contractor’s certification that reads as follows:

I hereby certify, to the best of my knowledge and belief that-

The amounts requested are only for performance in accordance with the specifications, terms and conditions of the contract; Payments to subcontractors and supplies have been made for previous payments received under this order, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and requirements of Chapter 39 of Title 31, united State Code; and this request for progress payments does not include any amounts, which the prime contractor intends to withhold or retain from subcontractor or supplier in accordance with the terms and conditions of the subcontract.

1.1 Final invoice shall not be submitted until Government acceptance of the completed project has been made in writing. Final invoice shall be submitted along with the Release of Claims.

1.2. Content of Invoice. Requests for payment I accordance with terms of the contract shall consist of (1) The Contractor’s invoice showing, in summary form, the basis for arriving at the amount of the invoice; (2) The contact performance statement which shall show, in detail, the estimated cost, percentage of completion, and value of completed performance; and (3) Updated progress and equipment delivery schedules.

1.3. Payments to the Contractor. Payments shall be subject to reduction for overpayments or increase for underpayments on preceding payments to the Contractor. Basis for the Contracting Officer’s consideration to allow progress payment for material delivered on site (but not installed) and for completed preparatory work, as authorized under FAR 52.232-5 shall be (1) major high cost items and (2) long lead special order items. In the request for progress payment, such items shall be specifically identified in the Contractor’s estimates of work submitted for the Contracting Officer’s approval. At the time of invoicing, the amount billed shall be supported by documents establishing its values. Progress payment for material delivered on site but not installed, and for competed preparatory as authorized under FAR 52.232-5 shall be specifically identified in the schedule of prices. Only approved items shall be eligible for progress payment.

1.4. Obligation of Government Payments. The obligation on the Government to make payments required under the provisions of this contract will, at the discretion of the Contracting Officer, be subject to the following: (1) Reasonable deductions due to defects in material or workmanship; (2) Claims which the Government may have against the Contractor under or in connection with the contract; (3) Unless otherwise adjusted, repayment to the Government upon demand for overpayments made to the Contractor; and (4) Receipt of payroll data (to include prime and subcontractors) covering the period of performance of the invoiced amounts.

15. Payment of Bonds. A paid invoice is required before payment of bonds can e made. Contractor will list Bonds as a separate item on progress report and/or Schedule of Vlaues.

1.6. Electronic Invoicing. The Government reserves the right to modify, at no cost to the Government, any of the procedures outlined in this special contract requirement to accommodate electronic invoicing procedures.

(a) All request for payment must include a Subcontractor Payment Register pursuant to FAR 52.232-5 and a contractor’s certification that reads as follows:

I hereby certify, to the best of my knowledge and belief that __

(1) The amounts requested are only for performance in accordance with the specifications, terms and conditions of the contract:

(2) All payments due to subcontractors and suppliers from previous payments received under the contract had been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and requirements of Chapter 39 of Title 31, United State Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

(b) The Government will make payment upon satisfactory completion of work AND receipt of a proper certification for payment. Payment may be withheld unless all contractual requirements, including but not limited to: RECEIPT OF PROPER WEEKLY PAYROLLS IAW DAVIS BACON REQUIREMENTS and Small Business Subcontracting Reports, have been timely received. Payrolls shall indicate CLIN to which they are applicable.

(c) A release of claims is required for all final payment requests and shall be submitted by the contractor with his/her final invoice.

5.

CONTRACT ADMINISTRATION

The contracting office of United States Property and Fiscal Officer for Kansas (USPFO for Kansas) located at 2737 S. Kansas Ave., Topeka, KS. 66611-1170 is the office having administrative jurisdiction over this contract for all matters. A list of the names and telephone numbers of the Government team comprising the contract administrator, Contracting Officer’s Representative (COR), consultant, and point of contact at the project site will be provided at the award/pre-construction conference.

All correspondence shall be addressed to the Contracting Officer, A COPY OF ALL CORRESPONDENCE SHALL BE FURNISHED TO THE CONTRACTING OFFICER REPRESENTATIVE. Enclosures attached or transmitted with the correspondence shall also be furnished with an original and one copy. Each letter shall make reference to the contract name, contract number, project number, and shall have only one subject. For tracking purposes a sequential numbering system should be used for all correspondence.

6.

PAPERLESS CONTRACTING

The USPFO for Kansas and the 184th Air National Guard is fully committed to the Federal Government’s electronic commerce and paperless contracting initiatives. As such, it is anticipated that, to the maximum extent possible, correspondence, modification distribution, etc. to include specifications and drawings will be issued using electronic methods, i.e., electronic mail (e-mail). Contractors shall have and maintain capability to receive documents in this manner.

Additionally, it is anticipated within the life of this contract other electronic processes will be enacted. These include, but are not limited to, electronic bidding/offers, change order proposals, and electronic invoicing. When implemented by the Contracting Officer, contractors shall participate fully in any of these new requirements at no additional cost to the Government.

7.

TELEPHONE…