W91364-16-C-0001_ACA_Crew_Fac.pdf
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- Construct ACA Alert Crew Quarters Federal contract opportunity
- Solicitation number
- W91364-16-R-0001
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F9F3CE6061AW02-0002
The 180th Fighter Wing requires a properly sited, sized, and configured ACA Alert Crew Facility. The buildings must meet explosive Quantity Distance safety criteria, airf ield restrictive distances and surfaces and must have direct access to loaded primary response and back-up F-16 f ighters on alert status for the Air Sovereignty Alert mission. The quarters must be located adjacent to Alert Shelters to ensure aircraft response w ithin prescribed limits. Mission area space must provide f ighter aircraft mission control and planning, aircrew billets for 12 persons, controlled access fenced perimeter and utilities infrastructure to meet all facility operational and support requirements. Demolish existing pavements under the footprint of the proposed facilities (1,000 SY). The government reserves the right to cancel this solicitation, either before or after the closing date w ith no obligation to the offerors by the government. Note: Interested offerors must be registered in the System for Aw ard Management (SAM) database. Firms can register via the SAM Internet site at https://w w w .sam.gov/. Interested offerors are required to submit their representations and certif icate on-line using SAM.
CHRISTOPHER GONZALES 419-868-4142
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
16-May-2016
(RFP)
(IFB)
X
CALL:
ACA CREW QUARTERS A&E
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 _______15 calendar days and complete it w ithin ________285 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, X negotiable. (See _________________________
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________21 Mar 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 _______60 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.
W91364-16-C-0001
7. ISSUED BY CODE
180 FW CONTRACTING OFFICE
2660 S EBER ROAD
SWANTON OH 43558-8752
W91364
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
03:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
WYTD079032
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
W91364-16-R-0001 30
FA6355 - 180 FW CONTRACTING OFFICE
2660 S EBER ROAD
SWANTON OH 43558-8752
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
1PHB1
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:
SEE SCHEDULE
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
$2,665,611.00 See Schedule
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified) 1 Block 26
CODE FA6355
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE F8770027. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
DFAS DEAMS-F87700
ACCTG DISB STA NR 387700, DFAS DEAMS, 27 ARKA
LIMESTONE ME 04751-6216
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR
Q.B.S., INC.
JIM FRANKS
1548 LINDEN AVE S
ALLIANCE OH 44601-4211
15. TELEPHONE NO. (Include area code) 330-821-8801
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.)1 Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract. REF: Offer dated 24 Mar 2016
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print) MATTHEW MICHAEL / CONTRACTING OFFICER
TEL: 419-868-4314 EMAIL: matthew.michael@ang.af.mil
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY 18-May-2016
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENTX
(M ust be fully completed by offeror)OFFER
Section 00 10 00 - Solicitation
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job $2,665,611.00 $2,665,611.00 BASE BID ACA Crew Qtrs
FFP
Contractor to provide all equipment, supplies, services, supervision, management to provide a complete and useable facility IAW base bid spec’s and drawings.
FOB: Destination
NSN: Y1BZ-16-DMS-6141
PURCHASE REQUEST NUMBER: F9F3CE6061AW02-0002
PROJECT: WYTD079032
SIGNAL CODE: A
NET AMT $2,665,611.00
ACRN AA
CIN: 00000000000001326258
$2,665,611.00
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 285 dys. ADC 1 F9F3CE - 180TH CES
JOHN CUPP
2660 SOUTH EBER ROAD
SWANTON OH 43558-8752
419-868-4009 FOB: Destination
F9F3CE
ACCOUNTING AND APPROPRIATION DATA
AA: 5763830 536 41H4 UNC341 N 65211 00000F 387700 F87700
AMOUNT: $2,665,611.00
CIN 00000000000001326258: $2,665,611.00
CLAUSES AND PROVISIONS
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
JUL 2013
52.210-1 Market Research APR 2011 52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
AUG 2011
52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-21 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data -- Modifications
OCT 2010
52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns OCT 2014 52.219-14 Limitations On Subcontracting NOV 2011 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business
Set-Aside
NOV 2011
52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime
Compensation
MAY 2014
52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and
Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-27 Affirmative Action Compliance Requirements for
Construction
APR 2015
52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans OCT 2015 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
MAY 2008
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-13 Alternative Payment Protections JUL 2000 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims 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
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-1 Performance of Work by the Contractor APR 1984
52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-22 Design within Funding Limitations APR 1984 52.236-23 Responsibility of the Architect-Engineer Contractor APR 1984 52.236-24 Work Oversight in Architect-Engineer Contracts APR 1984 52.236-25 Requirements for Registration of Designers JUN 2003 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-4 Subcontractors and Outside Associates and Consultants
(Architect-Engineer Services)
AUG 1998
52.244-6 Subcontracts for Commercial Items DEC 2015 52.245-1 Government Property APR 2012 52.246-12 Inspection of Construction AUG 1996 52.246-13 Inspection--Dismantling, Demolition, or Removal of
Improvements
AUG 1996
52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements)
APR 2012
52.249-10 Default (Fixed-Price Construction) APR 1984 52.251-1 Government Supply Sources APR 2012 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
AUG 2015
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 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
252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7000 Pricing Adjustments DEC 2012 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7023 Drawings and Other Data to become Property of Government MAR 1979 252.227-7033 Rights in Shop Drawings APR 1966 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7002 Obstruction of Navigable Waterways DEC 1991 252.236-7005 Airfield Safety Precautions DEC 1991 252.236-7006 Cost Limitation JAN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property APR 2012 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal MAR 2015 252.246-7006 Warranty Tracking of Serialized Items JUN 2011 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000 252.251-7000 Ordering From Government Supply Sources AUG 2012
CLAUSES INCORPORATED BY FULL TEXT
52.204-1 APPROVAL OF CONTRACT (DEC 1989)
This contract is subject to the written approval of USPFO and shall not be binding until so approved.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRA CT AWARDS
(OCT 2015)
(a) Definitions. As used in this clause:
Executive means officers, managing partners, or any other employees in management positions.
First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs.
Month of award means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.
Total compensation means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock, stockoptions, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.
(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.
(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.
(5) Above-market earnings on deferred compensation which is not tax-qualified.
(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.
(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L.
110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.
(c) Nothing in this clause requires the disclosure of classified information.
(d)(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) database (FAR provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—
(i) In the Contractor's preceding fiscal year, the Contractor received—
(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and
(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.s ec.gov/ans wers /execomp.htm.).
(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $30,000 or more, the Contractor shall report the following information at http://www.fs rs .gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fs rs .gov to report the data.)
(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
(iv) Date of the subcontract award.
(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.
(vi) Subcontract number (the subcontract number assigned by the Contractor).
(vii) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressionaldistrict.
(viii) Subcontractor's primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressionaldistrict.
(ix) The prime contract number, and order number if applicable.
(x) Awarding agency name and code.
(xi) Funding agency name and code.
(xii) Government contracting office code.
(xiii) Treasury account symbol (TAS) as reported in FPDS.
(xiv) The applicable North American Industry Classification System code (NAICS).
(3) Executive compensation of the first-tier subcontractor.
Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $30,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor's preceding completed fiscal year at http://www.fs rs .gov, if—
(i) In the subcontractor's preceding fiscal year, the subcontractor received—
(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and
(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.s ec.gov/ans wers /execomp.htm.)
(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $30,000 to avoid the reporting requirements in paragraph (d) of this clause.
(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires.
(g)(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.
(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor.
(h) The FSRS database at http://www.fs rs .gov will be prepopulated with some information from SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 (insert the period of time within which the Contracting Officer may exercise the option); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least (60 days unless a different number of days is inserted) before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 2 years.
52.223-9 ESTIMATE OF PERCENTA GE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED
ITEMS (MAY 2008)
(a) Definitions. As used in this clause--
Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposalor recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”
Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall--
(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and
(2) Submit this estimate to Contracting Officer Represetative (COR) designated for the project.
52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)
(a) Definitions. As used in this clause-- Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply (including construction material) that is--
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantialquantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products.
Component means an article, material, or supply incorporated directly into a construction material.
Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.
Materials purchased directly by the Government are supplies, not construction material.
Cost of components means--
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Domestic construction material means--
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if--
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
Foreign construction material means a construction material other than a domestic construction material.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
Construction material description Unit of measure Quantity Price (dollars) \1\
Item 1
Foreign construction material.... ........... .EA....... ....... ……….
Domestic construction material... ........ ..EA
Item 2 Foreign construction material.... ......... EA............. ........ …….
Domestic construction material... .......EA
Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).
List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
(End of clause
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.
52.236-4 PHYSICA L 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 physicalconditions on the drawings and in the specifications are the result of site investigations by . . . . . . . . . [insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels].
(b) Weather conditions . . . . . . . . . (insert a summary of weather records and warnings).
(c) Transportation facilities . . . . . . . . . (insert a summary of transportation facilities providing access from the site, including information about their availability and limitations.
(d) . . . . . . . . . . (insert other pertinent information). (End of clause)
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):
a. Contractor Manpower Reporting (CMR): The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for both ARMY and AIR FORCE collection site. The contractor is required to completely fill in all required data fields using the following web ad-dress: http://www.ecmra.mil/ .
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at http://www.ecmra.mil/.
b. WDOL Wage Determination OH16010
252.203-7004 DISPLAY OF HOTLINE POSTERS (OCT 2015)
(a) Definition. United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.
(b) Display of fraud hotline poster(s). (1) The Contractor shall display prominently the DoD fraud hotline poster, prepared by the DoD Office of the Inspector General, in common work areas within business segments performing work in the United States under Department of Defense (DoD) contracts.
(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds, the DHS fraud hotline poster shall be displayed in addition to the DoD fraud hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from:
http://www.dodig.mil/HOTLINE/hotline_posters.htm.
[Contracting Officer shall insert the appropriate DHS contact information or Web site.]
(c) Display of combating trafficking in persons and whistleblower protection hotline posters. The Contractor shall display prominently the DoD Combating Trafficking in Persons and Whistleblower Protection hotline posters, prepared by the DoD Office of the Inspector General, in common work areas within business segments performing work under DoD contracts.
(d)(1) These DoD hotline posters may be obtained from: Defense Hotline, The Pentagon, Washington, DC 20301- 1900, or are also available via the internet at http://www.dodig.mil/hotline/hotline_pos ters .htm.
(2) If a significant portion of the employee workforce does not speak English, then the posters are to be displayed in the foreign languages that a significant portion of the employees speak. Contact the DoD Inspector General at the address provided in paragraph (d)(1) of this clause if there is a requirement for employees to be notified of this clause and assistance with translation is required.
(3) Additionally, if the Contractor maintains a company Web site as a method of providing information to employees, the Contractor shall display an electronic version of these required posters at the Web site.
(e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts that exceed $5.5 million except when the subcontract is for the acquisition of a commercial item.
252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
When submitting a request for payment, the Contractor shall--
(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and
(b) Separately identify a payment amount for each contract line item included in the payment request.
252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)
(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.
(b) The Contractor shall--
(1) Check all drawings furnished immediately upon receipt;
(2) Compare all drawings and verify the figures before laying out the work;
(3) Promptly notify the Contracting Officer of any discrepancies;
(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and
(5) Reproduce and print contract drawings and specifications as needed.
(c) In general--
(1) Large-scale drawings shall govern small-scale drawings; and
(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.
(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.
(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:
Title Drawing No.
Construct ACA Crew Building WYTD079032 (Client project number)
ENVIRONMENTAL
SECTION 018000 – ENVIRONMENTAL REQUIREMENTS AND REFERENCES
1. WING ENVIRONMENAL COMMITMENT STATEMENT
1.1 The 180th Fighter Wing (FW) mission is to provide for America; protection of the homeland, effective combat power and defense support to civil authorities, while developing Airmen, sup- porting their families and serving in the community. Activities at the 180th FW include operating and maintaining F-16 fighter aircraft, corrosion control, aerospace ground equipment, vehicle maintenance, facilities maintenance, and administrative support. The 180th FW is committed to conducting its mission in an environmentally responsible manner that will protect human health, natural resources, and the environment. In doing so, we will strive for compliance with all Federal, state, and local environmental laws and regulations, as well as Executive Orders, Air Force Policy Directive 90-8, Environment, Safety & Occupational Health Management and Risk Management, Air Force Instructions, and other guidance applicable to the conduct of our mission and strive for continual improvement in our environmental performance. This commitment goes be- yond compliance with the law and encompasses the integration of sound environmental information and practices into our daily decisions and activities at all levels. We have in the past, and will continue in the future, to pursue a course of responsible environmental stewardship. In sup- port of our environmental commitment, we will:
Maintain an effective environmental management system, promote the use of safe technolo- gies and operating practices, and remain ready to respond to emergencies in order to im- prove our environmental performance and minimize adverse impacts to installation workers, their families, and the environment.
Use the cooperative efforts of the Wing’s environmental professionals and multi-discipline environmental working groups and committees to set and review environmental goals, ob-jectives, and targets, measure progress, take corrective action when necessary, and com-municate results and other environmental information regarding the installation's operations and its environmental accomplishments to workers, the community, suppliers, regulators and the public.
Working in partnership with all stakeholders, investigate and evaluate new and innovative technologies and practices as appropriate, establish and implement an effective pollution prevention program, minimize the generation of wastes, recycle materials otherwise destined to become waste when possible, and dispose of any remaining wastes in an environmentally responsible manner.
Ensure the responsible use of energy throughout the installation, including the adoption of innovative practices and procedures that will conserve energy and improve energy efficien- cy.
Promote the conservation and sustainable use of natural and manmade materials.
Provide regular operation-specific environmental performance reviews and assessments, de-velop plans to address actual or potential noncompliance situations, and build environmental concerns into all policies, programs, and missions.
1.2 Compliance with this environmental commitment statement is the responsibility of everyone supporting this Wing including military, state, and civilian employees, contractors, and vendors in accordance with his or her role and responsibilities in the organization. This commitment will be communicated to the public through posting on the Wing’s public website.
W91364-16-C-0001
1.3 The Wing commander’s environmental commitment statement applies to EVERYONE working at the 180th Fighter Wing including designers and contractors.
1.4 The Wing’s Environmental Management System is a continuous process designed to identify, prioritize, manage, and check progress towards meeting the Wing’s organizational and environmental goals, minimizing environmental risk, and identifying areas for continual improvement.
1.5 The 180th FW’s Environmental Commitment Statement (available from EM) and EMS will be briefed at all kickoff meetings.
1.6 The Office of Primary Responsibility (OPR) for this document is the 180th Environmental Management Office (EMO).
1.7 Questions related to this document should be addressed to the 180th Fighter Wing Environmental Management Office at (419) 868-4270.
2. PERMIT REQUIREMENTS
2.1 Designer shall identify all environmental permit requirements, prepare all draft environmental permit applications and/or provide the necessary information to complete environmental permitting. Required environmental permits include (but are not limited to):
2.1.1 Air Program
Permit-by-rule notification for fire pumps and emergency generators over 50 BHP Permit-by-rule notification for boilers/furnaces over 10 MMBTU Permit-to-install/permit-to-operate for spray paint booths fugitive emissions sources, etc.
2.1.2 Sanitary Sewage
PTI/PTO for new sanitary sewage service connections, lift stations; a PTI/PTO is typically not required for interior renovation where a new service connection is not installed.
2.1.3 Storm Water
Notice of Intent (NOI) for construction storm water discharge.
Notice of Termination (NOT) at Project close-out.
2.1.4 Wetlands
Wetlands 401/404 permits.
2.1.5 Asbestos
Inspection and demolition notifications NOTE: All demolition projects and certain renovation projects require an asbestos notification, regardless of whether asbestos is involved. See Paragraph 13 of this section for additional details.
2.1.6 Storage Tanks
Permit to install (State Fire Marshal)
2.2 Designer will provide draft permit applications to EM for review no later than the 60% design submission. Final permit applications will be provided to EM for submission to the appropriate regulatory agency no later than the 100% design submission. Provide copies of any written correspondence with regulatory agencies to EM. Permits will be signed by Wing Commander with EM as the technical contact.
2.3 Designer will identify permit costs in the project’s working cost estimate; required permits are to be included as part of the maximum construction cost (MCC) and permits will be paid by the Government using construction funds.
EXCEPTION: Contractor shall be responsible for developing, submitting, and paying all costs associated with storm water permitting (i.e. Notice of Intent (NOI)). The contractor will be the primary responsible party for all issues associated with storm water permits. A copy of all permits and correspondence should be provided to EM.
2.4 Contractor shall identify any specific brands, models, serial numbers, capacities, etc.
needed to complete the required environmental permit applications.
2.5 No project site work shall start until all required environmental permits have been submitted to, and approved by, the appropriate regulatory agency.
3. GREEN PROCUREMENT PROGRAM
3.1 NOTE: The contracting officer should be notified if the provisions of this section conflict with other guidance.
3.2 Designer will incorporate the use of recycled materials and energy-efficient equipment to the maximum extent possible. Green procurement programs are mandated by Executive Orders and directed by several Federal Acquisition Regulation clauses to include:
3.2.1 EO 13693, Planning for Federal Sustainability in the Next Decade. The goal of EO 13693 is to maintain Federal leadership in sustainability and greenhouse gas emission reductions.
3.2.2 Federal Acquisition Regulation (FAR), including Defense FAR and Air Force FAR:
52.223-1 -- Biobased Product Certification 52.223-2 -- Affirmative Procurement of Biobased Products Under Service and Construction Contracts 52.223-3 -- Hazardous Material Identification and Material Safety Data.
52.223-4 -- Recovered Material Certification.
52.223-5 -- Pollution Prevention and Right-to-Know Information.
52.223-7 -- Notice of Radioactive Materials.
52.223-9 -- Estimate of Percentage of Recovered Material Content for EPA Designated Products.
52.223-10 -- Waste Reduction Program.
52.223-11 -- Ozone-Depleting Substances.
52.223-12 -- Refrigeration Equipment and Air Conditioners.
52.223-13 -- Certification of Toxic Chemical Release Reporting.
52.223-14 -- Toxic Chemical Release Reporting.
52.223-15 -- Energy Efficiency in Energy-Consuming Products.
52.223-16 -- IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products.
52.223-17 -- Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.
52.204-4 -- Printed or Copied Double-Sided on Recycled Paper.
252.223-7001 Hazard Warning Labels. ------(DFAR) 252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials.-----
(DFAR)
5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS).---
(AFFAR)
3.3 In addition to the above Executive Orders, certain laws concern green procurement and mandate the specific procurement of supplies/services. For example:
3.3.1 Section 6002 of the Resources Conservation and Recovery Act (RCRA) requires federal agencies to comply with the Environmental Protection Agency’s (EPA’s) regulation concerning procurement of items composed of recovered materials. EPA’s “Buy Recycled” program requires the purchase of recycled content products for specific designated products.
3.3.2 The U.S. Department of Agriculture (USDA)’s “BioPreferred” program, under Section 9002 of the Farm Security and Rural Investment Act, requires the purchase of biobased products for specific designated products.
3.3.3 The Energy Policy Act of 2005 (EPAct 2005) requires Federal agencies to purchase ENERGY STAR® and Federal Energy Management Program (FEMP)-designated products.
3.3.4 The Energy Independence and Security Act of 2007 requires…
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