W91ZRU19C0003_AK_USPFO_AWARD_19Jul19.pdf
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0011259122-0003
Project Title: Alaska National Guard (AKNG) United States Property & Fiscal Office (USP&FO) Building
Project Number: PN 020143
A bid bond is required w ith this bid and a bidder w ho fails to submit an acceptable bid bond w ill be determined non-responsive.
This procurement is being solicited as a 100% Small Business Set-Aside. The North American Industry Classif ication System Code (NAICS) is 236220. The size standard for Small Business is $36.5M average revenue for the three previous years. The Project magnitude is betw een $10M and $25M.
All documents including plans and specif ications w ill be available only from FedBizOpps w ebsite: http://w w w . fbo.gov
X
VIRGINIA M. TREZISE-HARMAN 907-428-6188
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-Jul-2019
(RFP)
(IFB)
CALL:
AK USPFO Building
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 ________548 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.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________23 May 2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______90 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.
W91ZRU19C0003
7. ISSUED BY CODE
W91ZRU USPFO FOR ALASKA
KO FOR AKNG
PO BOX B, CAMP DENALI
FT RICHARDSON AK 99505-2610
W91ZRU
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
020143
8. ADDRESS OFFER TO (If Other Than Item 7)
907-428-6191FAX:TEL: 907-428-6100 TEL: FAX:
W91ZRU19B00010003 57
See Item 7
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
CODE
6Z2Y1
FACILITY CODE
6Z2Y1
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
$19,315,709.00 See Schedule
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified) 0
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE HQ067027. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
DFAS-INDY VP GFEBS HQ0670
8899 E 56TH STREET
INDIANAPOLIS IN 46249-3800
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR
TDX QUALITY, LLC
JASON STRICKLER
3601 C STREET SUITE 1000-21
ANCHORAGE AK 99503-5923
15. TELEPHONE NO. (Include area code) 907-570-7221
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
X 29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract. REF:
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print) KO-Karla M. Garcia / Contracting Officer
TEL: EMAIL: karla.m.garcia4.civ@mail.mil
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY 19-Jul-2019
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
Section SF 30 - BLOCK 14 CONTINUATION PAGE
AMENDMENT 2
SPECIFICATION CHANGES
Specification Section 230713 – DUCT INSULATION ADD Section 230713 dated 9 May
Specification Section 334200 STORMWATER CONVEYANCE REMOVE Section 334200 in its entirety and REPLACE with attached Section dated 9 May 2019
Specification Section 084126 – ALL-GLASS ENTRANCES AND STOREFRONTS REMOVE Section 084126 in its entirety
- The following are changes to the specifications without reissuance:
TABLE OF CONTENTS
Under DIVISION 08 – OPENINGS REMOVE
084126 ALL-GLASS ENTRANCES AND STOREFRONTS
Under DIVISION 23 HEATING, VENTILATING, AND AIR CONDITIONING ADD
230713 DUCT INSULATION
Specification Section 044313.13 – Anchored Stone Masonry Veneer, Paragraph 2.9.F.1 REPLACE “Thickness: 4 inches (100 mm) plus or minus 1/2 inch (13 mm). Thickness does not include projection of pitched faces.” WITH “Thickness: 4 inches (100 mm) plus or minus 1inch (13 mm). Thickness does not include projection of pitched faces.” plus or minus ½” to “plus or minus 1-inch”.
Section 230800 –COMMISSIONING OF HVAC
ADD the following Paragraph 3.10 to Section 230800:
3.10 TRAINING OF OWNER PERSONNEL
A. Coordinate training and scheduling ultimately ensuring that training is completed. (Refer to Section 019113 for additional details.)
B. The CxA shall be responsible for overseeing and approving the content and adequacy of the training of Owner personnel for commissioned equipment.
C. Mechanical Contractor. The mechanical contractor shall have the following training responsibilities:
1. Provide the CxA with a training plan two weeks before the planned training according to
2. Provide designated Owner personnel with comprehensive training in the understanding of the systems and the operation and maintenance of each major piece of commissioned mechanical equipment or system.
3. Training shall start with classroom sessions, if necessary, followed by hands on training on each piece of equipment, which shall illustrate the various modes of operation, including startup, shutdown, fire/smoke alarm, power failure, etc.
4. During any demonstration, should the system fail to perform in accordance with the requirements of the O&M manual or sequence of operations, the system will be repaired or adjusted as necessary and the demonstration repeated.
5. The appropriate trade or manufacturer's representative shall provide the instructions on each major piece of equipment. This person may be the start-up technician for the piece of equipment, the installing contractor or manufacturer’s representative. Practical building operating expertise as well as in-depth knowledge of all modes of operation of the specific piece of equipment is required. More than one party may be required to execute the training.
6. The training sessions shall follow the outline in the Table of Contents of the operation and maintenance manual and illustrate whenever possible the use of the O&M manuals for reference.
7. Training shall include:
a. Use the printed installation, operation and maintenance instruction material included in the O&M manuals.
b. Include a review of the written O&M instructions emphasizing safe and proper operating requirements, preventative maintenance, special tools needed and spare parts inventory suggestions. The training shall include start-up, operation in all modes possible, shut-down, seasonal changeover and any emergency procedures.
c. Discuss relevant health and safety issues and concerns.
d. Discuss warranties and guarantees.
e. Cover common troubleshooting problems and solutions.
f. Explain information included in the O&M manuals and the location of all plans and manuals in the facility.
g. Discuss any peculiarities of equipment installation or operation.
h. The format and training agenda in Guidelines for Commissioning HVAC Systems, ASHRAE, 1989R, 1996 is recommended.
i. Classroom sessions shall include the use of overhead projections, slides, video and audio taped material as might be appropriate.
8. Hands-on training shall include start-up, operation in all modes possible, including manual, shut-down and any emergency procedures and maintenance of all pieces of equipment.
9. The mechanical contractor shall fully explain and demonstrate the operation, function and overrides of any local packaged controls, not controlled by the central control system.
10. Training shall occur after functional testing is complete, unless approved otherwise by the Project Manager.
DRAWING CHANGES
- The following are changes to the drawings without reissuance:
Drawing No. CS-502, Detail D1: REPLACE TITLE “OLI 4: PAVE POV PARKING’ WITH ‘OLI #3 PAVE POV
PARKING’
Drawing No. I-601, MATERIAL LEGEND, ACOUSTICAL PANEL CEILINGS, ACP-1 REPLACE “SIZE: 12” X
24” “WITH SIZE: 24” X 48” “
W91ZRU19C0003
Drawing No. Q-601 – EQUIPMENT SCHEDULE
FOR EQUIPMENT NO. S1 REPLACE the EQUIPMENT NAME FROM ‘METAL SHELVING” TO ; “ROLL-
UP DOOR METAL STORAGE SHELVING”.
FOR EQUIPMENT NO. S3 REPLACE the EQUIPMENT NAME FROM “HEAVY DUTY SHELVING” TO
“POST‐AND‐BEAM METAL STORAGE SHELVING”
AMENDMENT 3
SPECIFICATION CHANGES:
- The following are changes to the specifications without reissuance
Section 033000 -Cast in Place Concrete
Paragraph 2.5C: Change to C. Normal-Weight Aggregates: ASTM C 33, Class 1N or 1M coarse aggregate or better, graded. Provide aggregates from a single source.
1. Maximum Coarse-Aggregate Size: 1 1/2 inch nominal at footings (3/4” nominal aggregate size at contractors discretion), 3/4 inch nominal for all other applications.
2. Fine Aggregate: Free of materials with deleterious reactivity to alkali in cement.
Section 042200 – Concrete Unit Masonry:
Paragraph 3.7.A.5; change “24 inches o.c. horizontally” to “16 inches o.c. horizontally”.
Paragraph 3.7.A.6: delete entirely.
Section 074217 – Insulated-Core Metal Wall Backup Panel System:
Paragraph 2.3.A. 1. ; change “Vertical Metal Wall Backup Panel” to “Horizontal Metal Wall Backup Panel”
Paragraph 2.3.B 1. ; change “Vertical installation metal wall backup panel,” to “Horizontal installation metal wall backup panel, ”.
Section 260543, Paragraph 3.2
REPLACE Subparagraph D: WITH “Underground Ductbanks and feeders Crossing Driveways: RNC Type EPC-40 PVC, encased in reinforced concrete unless otherwise indicated. “
ADD Subparagraph F. Branch circuits under parking lots: RNC Type EPC-40-PVC, direct-buried unless otherwise indicated
DRAWING CHANGES:
- The following are changes to the drawings without reissuance
Drawing A-501; Detail A3: Change 4” insulated-core metal wall backup panel system note from “vertically” to “horizontally”.
Drawing A-502; Detail A5: Change 4” insulated-core metal wall backup panel system note from
Drawing A-512; Detail B2: Change 4” insulated-core metal wall backup panel system note from “horizontally” to “vertically”. Contractor has the option of using 4” insulated-core metal wall panels installed vertically in lieu of 4” insulated-core metal wall backup panels.
Drawing A-555; Detail C4: Change the clearance between the handrail and wall substrate from ½” to 2 1/4”.
Drawing A-555; Detail C5: Change the clearance between the handrail and the guardrail from 1 ½” to 2 1/4”.
Drawing A-555; Detail D2: Change the clearance between the handrail and the guardrail from 1 ½” to 2 1/4” in two places.
Drawing A-613; Detail B5: Change 4” insulated-core metal wall backup panel system note from
Drawing A-613; Detail A5: Change 4” insulated-core metal wall backup panel system note from
; Detail B5: Change 4” insulated-core metal wall backup panel system note from
Section 00010 - Solicitation Contract Form
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job $17,224,167.00 $17,224,167.00
USP&FO BUILDING
FFP
BASE BID FOR PROJECT PN 020143: NEW CONSTRUCTION OF ALASKA
UNITED STATES PROPERTY AND FISCAL OFFICE (USP&FO) BUILDING
LOCATED AT JOINT BASE ELMENDORF RICHARDSON (JBER), ALASKA.
Non personal services: Provide all plant, labor, new and current material, transportation, tools, equipment, appliances, supplies, services, permits, insurance and supervision necessary to construct a new approximately 40,000 SF facility in accordance with specifications and drawings.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011259122-0003
PSC CD: Y1AZ
NET AMT $17,224,167.00
ACRN AA
CIN: GFEBS001125912200010
$17,224,167.00
0002 1 Job $1,082,750.00 $1,082,750.00
EXERCISED
OPTION
OPTION 1 Unheated Vehicle Storage
FFP
UNHEATED VEHICLE STORAGE BUILDING
Add Pre-engineered Metal Building for the purpose of storing vehicles, including all utilities, building systems and components as indicated on Drawings and as specified in Section 133419 - Metal Building Systems. OLI includes all site work for the Unheated Vehicle Storage Building including paving, and fencing as indicated on the drawings. (Note: Base Bid – No Unheated Vehicle Storage and site improvements including fencing and paving) FOB: Destination
NET AMT $1,082,750.00
CIN: GFEBS001125912200011
$1,082,750.00
0003 1 Job $122,739.00 $122,739.00
EXERCISED
OPTION
OPTION 2 Ice Melting System
FFP
ICE MELTING SYSTEM
Provide in-slab piping, gas-fired water heater, polypropylene antifreeze solution, circulating pump, four (4) zone manifold and automatic snow and ice sensing controls to distribute low temperature hot water to an area extending across the entirety of the ramp and driver access walkway at the third overhead door, the two dock area and the main entry as indicated on the drawings. Insulate ramp and dock slab and edge with 2 layers 2-inch thermal insulation with staggered joints. (Note:
Base Bid – No Ice Melting System) FOB: Destination
NET AMT $122,739.00
CIN: GFEBS001125912200012
$122,739.00
0004 1 Job $61,327.00 $61,327.00
EXERCISED
OPTION
OPTION 3 Pavement Parking & Drive Aisles
FFP
PAVEMENT INCLUDING PARKING AND DRIVE AISLES ON PLAN
SOUTHEAST SECTION OF THE SITE.
Add Asphalt Paving and markings on Southeast section of the site as indicated in the drawings. (Note: Base Bid - No Drive and parking on the Southeast section of the site) FOB: Destination
NET AMT $61,327.00
CIN: GFEBS001125912200013
$61,327.00
0005 1 Job $44,293.00 $44,293.00
EXERCISED
OPTION
OPTION 4 Pavement at Northwest Section
FFP
PAVEMENT AT NORTHWEST SECTION OF THE SITE
Add asphalt paving and markings on northwest section of the site as indicated in the drawings. (Note: Base Bid – Provide a gravel drive at the northwest section of the site) FOB: Destination
NET AMT $44,293.00
CIN: GFEBS001125912200014
$44,293.00
0006 1 Job $144,643.00 $144,643.00
EXERCISED
OPTION
OPTION 5 Pavement MV Parking
FFP
PAVEMENT AT ENCLOSED MV PARKING AREA
Add asphalt paving and markings on MV parking area as indicated in the drawings.
(Note: Base Bid – Provide a gravel drive at the MV parking area) FOB: Destination
NET AMT $144,643.00
CIN: GFEBS001125912200015
$144,643.00
0007 1 Job $66,557.00 $66,557.00
EXERCISED
OPTION
OPTION 6 Landscaping
FFP
LANDSCAPING
Provide trees, shrubs and planting beds as indicated on the drawings. (Note: Base Bid – Provide grading seed and sod and edge stripping as indicated on drawings) FOB: Destination
NET AMT $66,557.00
CIN: GFEBS001125912200016
$66,557.00
0008 1 Job $133,440.00 $133,440.00
EXERCISED
OPTION
OPTION 7 Loading Ramp
FFP
SITE LOADING RAMP
Provide Loading Ramp and related circulation paving as indicated on the drawings.
(Note: Base Bid – No Loading Ramp.)
FOB: Destination
NET AMT $133,440.00
CIN: GFEBS001125912200017
$133,440.00
0009 1 Job $362,739.00 $362,739.00
EXERCISED
OPTION
OPTION 8 Vertical Lift Gates
FFP
VERTICAL LIFT GATES BETWEEN MV PARKING AND UNHEATED
VEHICLE STORAGE AREA
Autmoatic Vertical Lift Gates with controls, operator and power as indicated on the drawings. (Note: Base Bid – Manual Sliding Gates) FOB: Destination
NET AMT $362,739.00
CIN: GFEBS001125912200018
$362,739.00
0010 1 Job $73,054.00 $73,054.00
EXERCISED
OPTION
OPTION 9 Additional Ice Melting System
FFP
ADDITIONAL ICE MELTING SYSTEM
Add additional ice melt system at sidewalks as indicated on the drawings which are beyond the entrance ice melting system that is defined in OLI No. 2. (Note: Base Bid – No Ice Melt System) FOB: Destination
NET AMT $73,054.00
CIN: GFEBS001125912200019
$73,054.00
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
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 06-FEB-2021 1 W90FHD FMO
RONNIE MAYFIELD
PO BOX 5800
JBER-RICHARDSON AK 99505-5800
907-428-6171 FOB: Destination
W90FHD
0002 06-FEB-2021 1 (SAME AS PREVIOUS LOCATION)
0003 06-FEB-2021 1 (SAME AS PREVIOUS LOCATION)
0004 06-FEB-2021 1 (SAME AS PREVIOUS LOCATION)
0005 06-FEB-2021 1 (SAME AS PREVIOUS LOCATION)
0006 06-FEB-2021 1 (SAME AS PREVIOUS LOCATION)
0007 06-FEB-2021 1 (SAME AS PREVIOUS LOCATION)
0008 06-FEB-2021 1 (SAME AS PREVIOUS LOCATION)
0009 06-FEB-2021 1 (SAME AS PREVIOUS LOCATION)
0010 06-FEB-2021 1 (SAME AS PREVIOUS LOCATION)
TABLE OF CONTENTS
SOLICITATION, OFFER, AND AWARD SF 1442 and SF 1442 BACK
SECTION 00700 - CONTRACT CLAUSES
SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS
ATTACHMENTS
AKARNG USPFO Specification Vol 1 20190207 AKARNG USPFO Specification Vol 2 20190207 AKARNG-USPFO Drawing Vol 1 20190207 AKARNG-USPFO Drawing Vol 2 20190207 FINAL Geotech Report - AKARNG USPFO Admin. Facility – JBER Air Force Instruction (AFI) 32-7064 Tree Clearing Guidance
Section 00700 - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
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
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-2 Alt II Security Requirements (Aug 1996) - Alternate II APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.210-1 Market Research APR 2011 52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -
Modifications - Sealed Bidding
AUG 2011
52.214-28 Subcontracting Certified Cost Or Pricing Data-- Modifications--Sealed Bidding
OCT 2010
52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.215-19 Notification of Ownership Changes OCT 1997 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 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003).
DEC 2018
52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 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 2018
52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018
52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and
Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for
Construction
APR 2015
52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-11 Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons.
JUN 2016
52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets AUG 2018 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 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 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items JAN 2019 52.246-12 Inspection of Construction AUG 1996 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Alt I Termination for Convenience of the Government (Fixed-
Price) (Apr 2012) - Alternate I
SEP 1996
52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 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 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.205-7000 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
252.222-7006 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 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
SEP 2004
252.227-7033 Rights in Shop Drawings APR 1966
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7013 Requirement for Competition Opportunity for American Steel
Producers, Fabricators, and Manufacturers
JUN 2013
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 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.246-7006 Warranty Tracking of Serialized Items MAR 2016 252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.202-1 DEFINITIONS (NOV 2013)
When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--
(a) The solicitation, or amended solicitation, provides a different definition;
(b) The contracting parties agree to a different definition;
(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;
or
(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.
(End of clause)
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)
(a) Definitions. As used in this clause--
Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.
Full cooperation—
(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;
(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-
(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and
(3) Does not restrict a Contractor from--
(i) Conducting an internal investigation; or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.
Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--
(i) Have a written code of business ethics and conduct;
(ii) Make a copy of the code available to each employee engaged in performance of the contract.
(2) The Contractor shall--
(i) Exercise due diligence to prevent and detect criminal conduct; and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.
(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--
(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or
(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.
(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.
(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:
(1) An ongoing business ethics awareness and compliance program.
(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.
(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.
(2) An internal control system.
(i) The Contractor's internal control system shall--
(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and
(B) Ensure corrective measures are promptly instituted and carried out.
(ii) At a minimum, the Contractor's internal control system shall provide for the following:
(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.
(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.
(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including--
(1) Monitoring and auditing to detect criminal conduct;
(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and
(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.
(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.
(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.
(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.
(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers.
(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.
(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.
(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.
(d) Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5.5 million and a performance period of more than 120 days.
(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.
52.204-1 APPROVAL OF CONTRACT (DEC 1989)
This contract is subject to the written approval of National Guard Bureau (NGB) Office of the Director of Acquisitions and shall not be binding until so approved.
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 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 548 days.
No additional time will be provided for award or exercise of any other Contract option(s).
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 $1,074.00 for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 120 days after Notice to Proceed. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
Option 9 Additional Ice Melting System will not be exercised unless Option 2 is exercised.
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,'' ``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)
(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).
(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.
Material Identification No.
(If none, insert "None")
(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.
(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with
Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items.
Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.
(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.
(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.
(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--
(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;
(ii) Obtain medical treatment for those affected by the material; and
(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.
(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.
(3) The Government is not precluded from using similar or identical data acquired from other sources.
52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)
(a) The Contractor shall notify the Contracting Officer or designee, in writing, thirty (30) days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or (2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107).
(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall-
(1) Be submitted in writing;
(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed;
and
(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.
(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract.
(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause.
52.223-9 ESTIMATE OF PERCENTAGE 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 disposal or 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:
Jim Staley Environmental Program Manager 907-428-6769 jim.staley@alaska .gov
52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT
2016)
(a) Definitions. As used in this clause--
Caribbean Basin country construction material means a construction material that--
(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.
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 substantial quantities 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 subcontractor for incorporation into the building or work.
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