W912PA-16-R-0004.pdf
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- Solicitation number
- W912PA-16-R-0004
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0010911554
PROJECT: R-CH-8FD-16124-16 - Asbestos Removal - Hangar #2 - Chievres Air Base
MAGNITUDE OF CONSTRUCTION PROJECT - Betw een $25,000.00 and $100,000.00
INSTRUCTIONS TO OFFERORS: Offerors shall submit the documentation requested in Section L, Instructions to Offerors, as w ell as complete the Representations and Certif ications (Reps& Certs) in Section K. Section K shall be completed and returned in its entirety.
SITE VISIT: An organized site visit has been schedule for Tuesday 30 August 2016 at 1000 Hrs. Participants w ill meet at Gate 14, Chievres Air Base, 7950 Chievres, Belgium.
Point of Contact: Eustace McKenzie: Phone: +32 02 717 9639 Email: eustace.mckenzie.civ@mail.mil
A copy of the draw ings R-CH-8FD-16124-16-1 and R-CH-8FD-16124-16-2 w ill be made available for view ing at the Site Visit. Offerors unable to attend the Site Visit may coordinate a time to view the draw ings by emailing the POC above.
EUSTACE MCKENZIE +32-2-7179639
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
19-Aug-2016
(RFP)
(IFB)
X
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______30 calendar days and complete it w ithin ________120 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
YES X NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________05 Sep 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee is, X is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______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 MILITARY FORCE - RCO BENELUX
EUSTACE MCKENZIE
32-2-7179639
LEUVENSESTEENWEG 13
1932 SINT-STEVENS-WOLUWE
BELGIUM
W912PA
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)
+32-2-7179610FAX:TEL: +32-2-7179639 TEL: FAX:
W912PA-16-R-0004 56
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
W912PA-16-R-0004
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Inventory of fixtures
FFP
3.1 - As per attached Statement of Work (SOW) - Inventory of fixtures will be set up with the POC. - To state the condition of the movable and immovable property belonging to the U.S. Government and staying in the area during the work. To determine the location of the various equipment necessary for the work to be executed.
FOB: Destination
PURCHASE REQUEST NUMBER: 0010911554
NET AMT
0002 1 Job Work Site Installation
FFP
3.2 - As per attached (SOW) - Work Site Installation - The contractor will pre-clean all movable objects and the machines bolted on the ground within the work area, using a HEPA absolute filtered vacuum and/or wet cleaning methods as appropriate. After cleaning, these objects and machines shall be removed from the work area and carefully stored in an uncontaminated location.
0003 1 Job Installation of airlocks
FFP
3.3 - As per attached SOW. - Installation of airlocks - Access to the area for personnel and equipment must be done through distinct airlocks. The decontamination unit serves as airlock to go in and out the work area. All walls, ceilings and floors of the unit must be made of hard, resistant materials easy to clean. The finish must be such that dust nests cannot form.
The compartments of the unit are partitioned by a system preventing the spreading of dust (screen, door, plastic flaps), separated by a water curtain fitted with light, heat, hooks and shelves for clothes.
0004 1 Job Plasticizing and Protection
FFP
3.4 - As per attached SOW. - Plasticizing and protection - Seal off all windows, doorways, elevator openings, corridor entrances, drains, ducts, grills, grates, diffusers, skylights, and any other openings between the work area and uncontaminated areas outside of the work area (including the outside of the building, tunnels and crawl spaces) with double polyethylene sheeting and tape. He will cover floors and other partitions in the work area with double polyethylene sheeting with overlapping between strips. The thickness of the sheets will be at least 200.
Additional layers of sheeting may be utilized as protection for movable or non-movable objects remaining in the work area during the decontamination work.
The size of the polyethylene sheets will be chosen so as to reduce to a maximum the number of connections. It is forbidden to install connections at the junction of walls with the floor.
Floor sheeting shall extend at least 40cm up the sidewalls of the work area.
0005 1 Job BreakRoom 106-Removal of floor
FFP
3.5 & 3.6. As per attached SOW. Application 2 - BreakRoom 106 - Removal of floor tiles, glue and concrete base and construction debris.
0006 1 Job Boiler Room A02-High and low vent. pipes
FFP
3.5 & 3.6 - As per attacehd SOW. - Application 3 - Basement in boiler room A02.
Removal of High and low vent. pipes and construction debris.
0007 1 Job Room A02/102-Sheaths for heat pipes
FFP
3.5 & 3.6 - As per attached SOW. - Application 4 - Basement in Boiler Room A02 and first floor in room #102. -Sheaths for heat pipes - Removal of 8 sheaths for heating pipes and construction debis. For heating pipes still in service, installation of new painted steel sheaths, tightening and restarting of the heating system according to best practices of the trade.
0008 1 Job Room 102 - Outside chimney
FFP
3.5 & 3.6 As per attached SOW. - Application 5 - Roof above room # 102 - Outside chimney - Removal of outside chimney and construction debris. Repair of roof according to the best practices of the trade. Room 102 - Outside chimney
0009 1 Job Dismounting of false ceilings
FFP
3.5 7 3.6 - As per attached SOW - Dismounting/removal of false ceilings in rooms #101,102,103,104A,104B,105A,105B,105C and all Halls and removal construction debris. Partial dismounting/removal of the electrical installation.
0010 1 Job Dismount wooden panels on walls
FFP
3.5 & 3.6 As per attached SOW - Dismount/removal of wooden panels on walls in room#101,102,103,104A,104B,105A,105B,105C and all Halls and removal construction debris. Partial dismounting/removal of the electrical installation.
0011 1 Job Remove carpet and PVC tiles
FFP
3.5 & 3.6 - As per attached SOW - Remove carpet and PVC tiles in room # 101,102,103,104A,104B,105A,105B,105C and all Halls and removal of construction debris.
0012 1 Job Removal of dust and fixation
FFP
3.7 - As per attached SOW - Removal of dust and fixation - The work includes the removal of dust from locations where asbestos has been removed, but also of all special techniques and other elements in the area.
0013 1 Job Measurements and dismounting
FFP
3.8 - As per attached SOW - Measurements and dismounting of work site. - Removal and disposal in containers of all visible debris of asbestos-containing materials and contaminated waste, using dustpans and rubber scrapers.
0014 1 Job Removal/Evacuation of ACM
FFP
3.9 - As per attached SOW - Removal of Asbestos Contaminated Material (ACM)
- The contractor is responsible for what will happen to all the waste resulting from the work, until the disposal centre takes over. He is responsible, in particular, for the selection of the disposal centre and the conditions in which the disposal occurs:
processing, intermediate storage, transportation.
0015 1 Job Inventory of fixtures - Area #2 North
FFP
3.1 - As per attached SOW - Inventory of fixtures - (Area #2 North Side Offices) To state the condition of the movable and immovable property belonging to the U.S. Government and staying in the area during the work. To determine the location of the various equipment necessary for the work to be executed
0016 1 Job Work Site Installation
FFP
3.2 - As per attached SOW - Work Site Installation - The contractor will pre-clean all movable objects and the machines bolted on the ground within the work area, using a HEPA absolute filtered vacuum and/or wet cleaning methods as appropriate. After cleaning, these objects and machines shall be removed from the work area and carefully stored in an uncontaminated location.
0017 1 Job Installation of airlocks
FFP
3.3 - As per attached SOW - Installation of airlocks and personnel equipment - Access to the area for personnel and equipment must be done through distinct airlocks.
0018 1 Job Plasticizing and protection
FFP
3.4 - As per attached SOW - Plasticizing and protection - Seal off all windows, doorways, elevator openings, corridor entrances, drains, ducts, grills, grates, diffusers, skylights, and any other openings between the work area and uncontaminated areas outside of the work area (including the outside of the building, tunnels and crawl spaces) with double polyethylene sheeting and tape.
0019 1 Job Room A01-High and low vent. pipes
FFP
3.5 & 3.6 - As per attached SOW - Application 3 - Basement in boiler room #A01:
high and low ventilation pipes. Removal of high and low ventilation pipes and construction debris.
0020 1 Job Room A01/110-Sheaths for heat pipes
FFP
3.5 & 3.6 - As per attached SOW - Application 4. Basement in boiler room #A01 and first floor in room #110: 3 sheaths for heating pipes. Removal of 3 sheaths and construction debris. For heating pipes still in service, installation of new painted steel sheaths, tightening and restarting of the heating system according to the best practices of the trade.
0021 1 Job Room 109 - Outside chimney
FFP
3.5 & 3.6 - As per attached SOW - Application 5. Roof above room#109: outside chimney. Removal of outside chimney and construction debris. Repair of roof according to the best practices of the trade.
0022 1 Job Removal of dust and fixation
FFP
3.7 - As per attached SOW - Removal of dust and fixation - The work includes the removal of dust from locations where asbestos has been removed, but also of all special techniques and other elements in the area.
0023 1 Job Measurements and dismounting
FFP
3.8 - As per attached SOW - Measurements and dismounting - Removal and disposal in containers of all visible debris of asbestos-containing materials and contaminated waste, using dustpans and rubber scrapers. Do not use metallic tools to collect or move the waste.
0024 1 Job Removal/Evacuation of ACM
FFP
3.9 - As per attached SOW - Removal of Asbestos Contaminated Material (ACM).
The contractor is responsible for what will happen to all the waste resulting from the work, until the disposal centre takes over. He is responsible, in particular, for the selection of the disposal centre and the conditions in which the disposal occurs:
processing, intermediate storage, transportation.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government 0022 Destination Government Destination Government 0023 Destination Government Destination Government 0024 Destination Government Destination Government
Section E - Inspection and Acceptance
CLAUSES INCORPORATED BY FULL TEXT
52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not--
(1) Relieve the Contractor of responsibility for providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.
(End of clause)
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 120 dys. ADC 1 BENELUX
CHRISTOPHE POTTIEZ
GRAND RUE, 56
7950 CHIEVRES
BELGIUM
068/27-53-86
WK3E47
0002 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0003 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0004 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0005 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0006 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0007 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0008 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0009 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0010 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0011 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0012 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0013 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0014 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0015 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0016 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0017 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0018 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0019 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0020 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0021 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0022 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0023 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0024 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within thirty (30) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 days. The time stated for completion shall include final cleanup of the premises.
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 Euro 230.00 per day for Inspection, Supervision and Administration.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
52.211-13 TIME EXTENSIONS (SEP 2000)
Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.
52.242-14 SUSPENSION OF WORK (APR 1984)
(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.
(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly.
However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.
(c) A claim under this clause shall not be allowed—
(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and
(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.
5152.236-4003 NOTICE TO PROCEED (June 2016)
The notice to proceed will be provided as indicated below:
[_________] The effective date of contract will constitute the date of notice to proceed.
[____X____] A notice to proceed letter will be issued.
[_________] The date of the letter transmitting the contract will constitute the date of the notice to proceed.
Section G - Contract Administration Data
CLAUSES INCORPORATED BY REFERENCE
252.204-7006 Billing Instructions OCT 2005
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(JUNE 2012)
(a) Definitions. As used in this clause–
(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.
(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.
(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.
(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.
(c) The Contractor may submit a payment request and receiving report using other than WAWF only when–
(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment;
(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);
(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or
(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.
(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.
(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
INVOICE AS CONSTRUCTION
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
WK3E47
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC W56FJX Issue By DoDAAC W912PA Admin DoDAAC W912PA Inspect By DoDAAC WK3E47 Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
Christophe Pottiez - christophe.pottiez.ln@mail.mil
Contract Specialist: Eustace McKenzie - eustace.mckenzie.civ@mail.mil
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
Eustace McKenzie - eustace.mckenzie.civ@mail.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
5152.232-4001 FOREIGN VENDORS REQUESTING PAYMENT VIA ELECTRONIC FUNDS TRANSFER
(June 2016)
Foreign vendors requesting payment via Electronic Funds Transfer (EFT) shall provide the following information on their invoice at time of invoice submission. Only one EFT instruction per invoice is authorized.
- Bank Name:
- Bank Identification Code (BIC):
- International Bank Account Number (IBAN):
Section H - Special Contract Requirements
5152.204-4000 U.S. AND HOST NATION HOLIDAYS (June 2016) JUN 2016
5152.204-4005 CONVENTIONAL FORCES EUROPE (CFE) TREATY VERIFICATION INSPECTION
(June 2016)
Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the Contracting Officer in writing within ten (10) calendar days of completion of the inspection. Contractor-owned or controlled structures and/or containers on U.S. installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to provide access. Any costs borne by the Contractor or any impact on contract performance as a result of the inspection will be a matter of negotiation between the Contractor and the Contracting Officer.
5152.225-4001 INSTALLATION CLEARANCE REQUIREMENTS (June 2016)
(a) Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with AE Regulation 190-16, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.
(b) The Contractor is responsible for being aware of and complying with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control (IAC) processing requirements.
(c) The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a contractor employee no longer requires access.
(d) AE 190-16 (and AE 190-16-G German translation) can be found on the following website:
http://www.hq.usacce.army.mil/
(e) Below is the responsible Organizational Sponsor & Installation Access Control Office for this contract:
Organizational Sponsor: Christophe Pottiez Location: Chievers Air Base Building No: Hangar #2 DSN Phone No: 314-361-5683 Commercial Phone No: +32-68-27-56-83 Installation Access Control Office:
Location: USAG Benelux Building No: 134 DSN Phone No: 314-361-5433 Commercial Phone No: +32 68-27-54-33
5152.236-4001 PERMITS AND RESPONSIBILITIES (June 2016)
The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable laws, codes, and regulations applicable to the performance of the work. The Contractor shall also take proper safety and health precautions to protect the work, the workers, the public, and the property of others. The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work that may have been accepted under the contract.
Section I - Contract Clauses
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.222-50 Alt I Combating Trafficking in Persons (MAR 2015) Alternate I MAR 2015 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
OCT 2015
52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984
52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.242-13 Bankruptcy JUL 1995 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items JUN 2016 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Alt I Termination for Convenience of the Government (Fixed-
Price) (Apr 2012) - Alternate I
SEP 1996
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting.
DEC 2015
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7048 Export-Controlled Items JUN 2013 252.225-7993 (Dev) Prohibition on Providing Funds to the Enemy (Deviation
2015-O0016)
SEP 2015
252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.236-7008 Contract Prices-Bidding Schedules DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT
(FEB 2000)
In the event of inconsistency between any terms of this contract and any translation into another language, the English language meaning shall control.
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
United States law will apply to resolve any claim of breach of this contract.
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 twelve (12%) percent 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.
52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)
(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.
(b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.
(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.
52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)
At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.
52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)
(a) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract including any extension, or fails to complete the work within this time, the Government may, by written notice to the Contractor, terminate the right to proceed with the work (or the separable part of the work) that has been delayed. In this event, the Government may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Government resulting from the Contractor’s refusal or failure to complete the work within the specified time, whether or not the Contractor’s right to proceed with the work is terminated. This liability includes any increased costs incurred by the Government in completing the work.
(b) The Contractor’s right to proceed shall not be terminated nor the Contractor charged with damages under this clause, if—
(1) The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include—
(i) Acts of God or of the public enemy,
(ii) Acts of the Government in either its sovereign or contractual capacity,
(iii) Acts of another Contractor in the performance of a contract with the Government,
(iv) Fires,
(v) Floods,
(vi) Epidemics,
(vii) Quarantine restrictions,
(viii) Strikes,
(ix) Freight embargoes,
(x) Unusually severe weather, or
(xi) Delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers; and
(2) The Contractor, within 10 days from the beginning of any delay (unless extended by the Contracting Officer), notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of delay. If, in the judgment of the Contracting Officer, the findings of fact warrant such action, the time for completing the work shall be extended. The findings of the Contracting Officer shall be final and conclusive on the parties, but subject to appeal under the Disputes clause.
(c) If, after termination of the Contractor’s right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Government.
(d) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
www.acquisition.gov
252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997)
(a) The Contractor shall comply with all—
(1) Local laws, regulations, and labor union agreements governing work hours; and
(2) Labor regulations including collective bargaining agreements, workers' compensation, working conditions, fringe benefits, and labor standards or labor contract matters.
(b) The Contractor indemnifies and holds harmless the United States Government from all claims arising out of the requirements of this clause. This indemnity includes the Contractor's obligation to handle and settle, without cost to the United States Government, any claims or litigation concerning allegations that the Contractor or the United
States Government, or both, have not fully complied with local labor laws or regulations relating to the performance of work required by this contract.
(c) Notwithstanding paragraph (b) of this clause, consistent with paragraphs 31.205-15(a) and 31.205-47(d) of the Federal Acquisition Regulation, the Contractor will be reimbursed for the costs of all fines, penalties, and reasonable litigation expenses incurred as a result of compliance with specific contract terms and conditions or written instructions from the Contracting officer.
252.225-7041 CORRESPONDENCE IN ENGLISH (JUNE 1997)
The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation.
252.225-7042 AUTHORIZATION TO PERFORM (APR 2003)
The offeror represents that it has been duly authorized to operate and to do business in the country or countries in which the contract is to be performed.
(End of provision)
252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS
OUTSIDE THE UNITED STATES (JUN 2015)
(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.
(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--
(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and
(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.
(c) The requirements of this clause do not apply to any subcontractor that is--
(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.
(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from HQDA-AT;
telephone, DSN 222-9832 or commercial 703-692-9832. (End of clause)
252.229-7000 INVOICES EXCLUSIVE OF TAXES OR DUTIES (JUNE 1997)
Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available.
252.229-7001 TAX RELIEF (SEPT 2014)
(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:
NAME OF TAX: (Offeror Insert) RATE (PERCENTAGE): (Offeror Insert)
(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.
(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief…
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