SOLICITATION, OFFER, 1. SOLICITATION NUMBER 2. TYPE OF...
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IMPORTANT - The "offer" section on the reverse must be fully completed by offeror. 4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER 7. ISSUED BY CODE 8. ADDRESS OFFER TO 9. FOR INFORMATION CALL: a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS) SOLICITATION NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder". 10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ). 13. ADDITIONAL SOLICITATION REQUIREMENTS: a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers 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, is not required. c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference. d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. STANDARD FORM 1442 (REV. 8/2014) Prescribed by GSA - FAR (48 CFR) 53.236-1(d) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES", indicate within how many calendar days after award in Item 12b.) 12b. CALENDAR DAYS YES NO SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) 1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION SEALED BID (IFB) NEGOTIATED (RFP) 3. DATE ISSUED PAGE OF PAGES PAGE 1 OF 41
Transcript of SOLICITATION, OFFER, 1. SOLICITATION NUMBER 2. TYPE OF...
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror. 4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER
7. ISSUED BY CODE 8. ADDRESS OFFER TO
9. FOR INFORMATIONCALL:
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
SOLICITATION NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder". 10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving
award, notice to proceed. This performance period is mandatory negotiable. (See ).
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes
containing offers 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, is not required.
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
STANDARD FORM 1442 (REV. 8/2014) Prescribed by GSA - FAR (48 CFR) 53.236-1(d)
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES", indicate within how many calendar days after award in Item 12b.)
12b. CALENDAR DAYS
YES NO
SOLICITATION, OFFER, AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED PAGE OF PAGES
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AMOUNTS
OFFER (Must be fully completed by offeror) 14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
CODE FACILITY CODE 17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted
by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement
stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
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 NUMBER
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
21. ITEMS ACCEPTED:
AWARD (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE 28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA BY
31c. DATE
STANDARD FORM 1442 (REV. 8/2014) BACK
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )
26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY
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Section A - Solicitation/Contract Form
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Section B - Supplies or Services and Prices/Cost
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
0001
MAHG20-1052 Renovate B4705 82901 IAW Statement of Work, Specifications, and Drawings PR#: F2J31D0119AW02Product Service Code: Z2AA Firm Fixed PriceCIN: 00000000000005381913
1.0 Lot
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Section C - Description/Specifications/Statement of Work
Requirements MAHG20-1052 Renovate B4705 82901 IAW attached Statement of Work, Specifications, and Drawings.
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Section D - Packaging and Marking
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Section E - Inspection and Acceptance
FAR Clauses Incorporated by Reference
Number Title Effective Date52.246-12 Inspection of Construction. 1996-08
0001 Inspection and Acceptance LocationBothDestinationInstructions: Inspection and Acceptance will be conducted by the government POC below.
DoDAAC: F2J31DCage: DunsNumber: Duns4Number: CountryCode: USA
81 ID IDPAF BPN NO MILSBILLS PROCESSES500 FISHER ST BLDG 0701 RM 245KEESLER AFB, MS 39534 2503United States
OfficeCode: Rudolph DeanTelephone: 228-377-8555Email: [email protected]
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Section F - Deliveries or Performance
0001Delivery Schedule Ship To Address
Delivery ScheduleFrom date of lead time event to completion of performance180 Calendar DaysDate of Notice to Proceed Receipt
Ship ToDoDAAC: F2J31DCage: DunsNumber: Duns4Number: CountryCode: USA81 ID IDPAF BPN NO MILSBILLS PROCESSES500 FISHER ST BLDG 0701 RM 245KEESLER AFB, MS 39534 2503United States
OfficeCode: Rudolph DeanEmail: [email protected]: 228-376-8555
DFARS Clauses Incorporated by Full Text
252.247-7023 Transportation of Supplies by Sea. 2019-02
(Clause Full Text Is Not Available)
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Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12252.236-7000 Modification Proposals--Price Breakdown. 1991-12
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12
As prescribed in 232.7004(b), use the following clause: WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (a) Definitions. As used in this clause- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/ (e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). __combo__ (Contracting Officer: Insert applicable document type(s). Note: If a Combo document type is identified but not supportable by the Contractors business systems, an Invoice (stand-alone) and Receiving Report (stand-alone) document type may be used instead.) (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. ____ (Contracting Officer: Insert inspection and acceptance locations or Not applicable.) (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWF Data to be entered in WAWFPay Official DoDAAC __F87700__Issue By DoDAAC __FA3010__Admin DoDAAC __FA3010__Inspect By DoDAAC __F2J31D__Ship To Code __FA3010__Ship From Code ____Mark For Code ____Service Approver (DoDAAC) ____Service Acceptor (DoDAAC) ____Accept at Other DoDAAC ____LPO DoDAAC ____DCAA Auditor DoDAAC ____Other DoDAAC( (*Contracting Officer: Insert applicable DoDAAC information or See schedule if multiple ship to/acceptance locations apply, or Not applicable.) (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the Send Additional Email Notifications field of
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WAWF once a document is submitted in the system. [email protected]_____ ____ (Contracting Officer: Insert applicable email addresses or Not applicable.) (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activitys WAWF point of contact. [email protected]___ (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause)
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Section H - Special Contract Requirements
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Section I - Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date52.202-1 Definitions. 2013-1152.203-3 Gratuities. 1984-0452.203-6 Restrictions on Subcontractor Sales to the Government. 2006-0952.203-7 Anti-Kickback Procedures. 2014-0552.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. 2014-0552.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05
52.203-11Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
2007-09
52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-1052.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-0552.204-7 System for Award Management. 2018-1052.204-9 Personal Identity Verification of Contractor Personnel. 2011-0152.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-1052.204-16 Commercial and Government Entity Code Reporting. 2016-0752.211-13 Time Extensions. 2000-0952.215-2 Audit and Records-Negotiation. 2010-1052.215-8 Order of Precedence-Uniform Contract Format. 1997-1052.219-8 Utilization of Small Business Concerns. 2018-1052.219-14 Deviation 2020-O0008 Limitations on Subcontracting (DEVIATION 2020-O0008) 2020-03
52.219-27 Deviation 2020-O0008Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (DEVIATION 2020-O0008)
2020-03
52.222-3 Convict Labor. 2003-0652.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. 2018-0552.222-6 Construction Wage Rate Requirements. 2018-0852.222-7 Withholding of Funds. 2014-0552.222-8 Payrolls and Basic Records. 2018-0852.222-9 Apprentices and Trainees. 2005-0752.222-10 Compliance with Copeland Act Requirements. 1988-0252.222-11 Subcontracts (Labor Standards). 2014-0552.222-12 Contract Termination-Debarment. 2014-0552.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. 2014-0552.222-14 Disputes Concerning Labor Standards. 1988-0252.222-15 Certification of Eligibility. 2014-0552.222-21 Prohibition of Segregated Facilities. 2015-0452.222-26 Equal Opportunity. 2016-0952.222-27 Affirmative Action Compliance Requirements for Construction. 2015-0452.222-37 Employment Reports on Veterans. 2016-0252.222-40 Notification of Employee Rights Under the National Labor Relations Act. 2010-1252.222-50 Combating Trafficking in Persons. 2019-0152.222-54 Employment Eligibility Verification. 2015-1052.222-55 Minimum Wages Under Executive Order 13658. 2015-1252.222-62 Paid Sick Leave Under Executive Order 13706. 2017-0152.223-5 Pollution Prevention and Right-to-Know Information. 2011-0552.223-6 Drug-Free Workplace. 2001-05
52.223-17Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.
2018-08
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-0852.225-13 Restrictions on Certain Foreign Purchases. 2008-0652.227-1 Authorization and Consent. 2007-1252.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. 2007-1252.228-2 Additional Bond Security. 1997-1052.228-5 Insurance-Work on a Government Installation. 1997-0152.228-11 Pledges of Assets. 2018-0852.228-12 Prospective Subcontractor Requests for Bonds. 2014-0552.228-14 Irrevocable Letter of Credit. 2014-1152.228-15 Performance and Payment Bonds-Construction. 2010-1052.229-3 Federal, State, and Local Taxes. 2013-0252.232-17 Interest. 2014-0552.232-23 Assignment of Claims. 2014-0552.232-27 Prompt Payment for Construction Contracts. 2017-0152.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-1052.232-39 Unenforceability of Unauthorized Obligations. 2013-0652.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-1252.233-1 Disputes. 2014-0552.233-3 Protest after Award. 1996-08
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52.233-4 Applicable Law for Breach of Contract Claim. 2004-1052.236-2 Differing Site Conditions. 1984-0452.236-3 Site Investigation and Conditions Affecting the Work. 1984-0452.236-5 Material and Workmanship. 1984-0452.236-6 Superintendence by the Contractor. 1984-0452.236-7 Permits and Responsibilities. 1991-1152.236-8 Other Contracts. 1984-04
52.236-9Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.
1984-04
52.236-10 Operations and Storage Areas. 1984-0452.236-11 Use and Possession Prior to Completion. 1984-0452.236-12 Cleaning Up. 1984-0452.236-13 Accident Prevention. 1991-1152.236-14 Availability and Use of Utility Services. 1984-0452.236-15 Schedules for Construction Contracts. 1984-0452.236-17 Layout of Work. 1984-0452.242-13 Bankruptcy. 1995-0752.242-14 Suspension of Work. 1984-0452.243-4 Changes. 2007-0652.244-6 Subcontracts for Commercial Items. 2019-0152.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-0452.249-2 Alternate I Termination for Convenience of the Government (Fixed-Price). 2012-0452.249-10 Default (Fixed-Price Construction). 1984-0452.253-1 Computer Generated Forms. 1991-01
DFARS Clauses Incorporated by Reference
Number Title Effective Date252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09
252.203-7001Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.
2008-12
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09252.204-7003 Control of Government Personnel Work Product. 1992-04252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2016-10252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05
252.209-7004Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
2019-05
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09252.225-7012 Preference for Certain Domestic Commodities. 2017-12252.225-7048 Export-Controlled Items. 2013-06252.227-7033 Rights in Shop Drawings. 1966-04252.232-7010 Levies on Contract Payments. 2006-12252.243-7001 Pricing of Contract Modifications. 1991-12252.243-7002 Requests for Equitable Adjustment. 2012-12252.244-7000 Subcontracts for Commercial Items 2013-06
FAR Clauses Incorporated by Full Text
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. 2014-04
As prescribed in 3.908-9 , insert the following clause: Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) (a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908. (b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold. (End of clause)
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52.204-13 System for Award Management Maintenance. 2018-10
As prescribed in 4.1105(b), use the following clause: System for Award Management Maintenance. (Oct 2018) (a) Definitions. As used in this clause- "Electronic Funds Transfer (EFT) indicator" means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. "Registered in the System for Award Management (SAM)" means that- (1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM; (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active". "System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes- (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; (2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. "Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers. (b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first. (c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (d) (1) (i) If a Contractor has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to- (A) Change the name in SAM; (B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract. (3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished. (e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov. (End of clause)
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11
As prescribed in 9.108-5(b), insert the following clause: Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (a) Definitions. As used in this clause- "Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Subsidiary" means an entity in which more than 50 percent of the entity is owned-
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(1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. (b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause. (c) Exceptions to this prohibition are located at 9.108-2. (d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event. (End of clause)
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02
(Clause Full Text Is Not Available)
52.211-10 Commencement, Prosecution, and Completion of Work. 1984-04
As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction. Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to (a) commence work under this contract within __10__ calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than __180__ calendar days after the date the Contractor receives the notice to proceed.* The time stated for completion shall include final cleanup of the premises. * The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date. (End of clause)
52.211-12 Liquidated Damages-Construction. 2000-09
As prescribed in 11.503(b), insert the following clause in solicitations and contracts: Liquidated Damages-Construction (Sept 2000) (a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to theGovernment in the amount of $288.62 for the first day of delay, then $264.62 for each calendar day of delay until the work is completed or accepted. (b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause. (End of clause)
52.219-13 Notice of Set-Aside of Orders. 2011-11
As prescribed in 19.508(f), insert the following clause: Notice of Set-Aside of Orders (Nov 2011) The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3). (End of clause)
52.219-28 Post-Award Small Business Program Rerepresentation. 2013-07
As prescribed in 19.309(c), insert the following clause: Post-Award Small Business Program Rerepresentation (Jul 2013) (a) Definitions. As used in this clause- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in
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paragraph (c) of this clause. Such a concern is not dominant in its field of operation when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it [_] is, [_] is not a small business concern under NAICS Code _236220_. [Contractor to sign and date and insert authorized signer's name and title]. (End of clause)
52.222-35 Equal Opportunity for Veterans. 2015-10
As prescribed in 22.1310(a)(1), insert the following clause: Equal Opportunity for Veterans (Oct 2015) (a) Definitions. As used in this clause- "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. 2014-07
As prescribed in 22.1408(a), insert the following clause: 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. 1997-01
As prescribed in , insert the following clause:23.303
HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)
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"Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (a) (including revisions adopted during the term of the contract).
The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous (b) 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 ( )Ifnone,insert"None" Identification No.
____ ____
____ ____
____ ____
This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered (c) under this contract is hazardous.
The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the (d) requirements of 29 CFR1910.1200(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.
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 (e) inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.
Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or (f) liability for the safety of Government, Contractor, or subcontractor personnel or property.
Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, (g) ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.
The Government's rights in data furnished under this contract with respect to hazardous material are as follows:(h)
To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-(1)
Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous (i) materials;
Obtain medical treatment for those affected by the material; and(ii)
Have others use, duplicate, and disclose the data for the Government for these purposes.(iii)
To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over (2) any other clause of this contract providing for rights in data.
The Government is not precluded from using similar or identical data acquired from other sources.(3)
(End of clause)
52.225-9 Buy American-Construction Materials. 2014-05
As prescribed in 25.1102(a), insert the following clause: Buy American-Construction Materials (May 2014)
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(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 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. "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: __None__ (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 statute 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 statute 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 statute.
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(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)* Item1: Foreign construction material ____ ____ ___ Domestic construction material ____ ____ ___ Item2: Foreign construction material ____ ____ ____ Domestic construction material ____ ____ ____ (End of clause)
52.227-4 Patent Indemnity-Construction Contracts. 2007-12
As prescribed in , insert the following clause:27.201-2(d)(1)
PATENT INDEMNITY-CONSTRUCTION CONTRACTS (DEC 2007)
Except as otherwise provided, the Contractor shall indemnify the Government and its officers, agents, and employees against liability, including costs and expenses, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under ( 35 U.S.C. 181) arising out of performing this contract or out of the use or disposal by or for the account of the Government of supplies furnished or work performed under this contract.
(End of clause)
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52.232-5 Payments under Fixed-Price Construction Contracts. 2014-05
As prescribed in 32.111(a)(5), insert the following clause: Payments under Fixed-Price Construction Contracts (May 2014) (a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract. (b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer. (1) The Contractor's request for progress payments shall include the following substantiation: (i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested. (ii) A listing of the amount included for work performed by each subcontractor under the contract. (iii) A listing of the total amount of each subcontract under the contract. (iv) A listing of the amounts previously paid to each such subcontractor under the contract. (v) Additional supporting data in a form and detail required by the Contracting Officer. (2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if- (i) Consideration is specifically authorized by this contract; and (ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract. (c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.) I hereby certify, to the best of my knowledge and belief, that- (1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract; (2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code; (3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and (4) This certification is not to be construed as final acceptance of a subcontractor's performance. ____ (Name) ____ (Title) ____ (Date) (d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the unearned amount), the Contractor shall- (1) Notify the Contracting Officer of such performance deficiency; and (2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until- (i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or (ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount. (e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage. (f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as- (1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or (2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract. (g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums. (h) Final payment. The Government shall pay the amount due the Contractor under this contract after- (1) Completion and acceptance of all work; (2) Presentation of a properly executed voucher; and (3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 6305). (i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A contract action is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes. (j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under paragraph (d)(2) of this clause shall be- (1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date
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the Contractor receives the unearned amount; and (2) Deducted from the next available payment to the Contractor. (End of clause)
52.236-4 Physical Data. 1984-04
As prescribed in 36.504 , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated and physical data (e.g., test borings, hydrographic, weather conditions data) will be furnished or made available to offerors. All information to be furnished or made available to offerors before award that pertains to the performance of the work should be identified in the clause. When paragraphs are not applicable they may be deleted. Physical Data (Apr 1984) Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by ____ [insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels]. (b) Weather conditions __The following numbers represent the rain days for each month of the year. The data was pulled from the Keesler AFB, MS Weather Station. The contractor may be granted an extension due to weather in a given month for days in excess of those already accounted for below.JAN: 10, FEB: 8, MAR:9, APR: 7, MAY: 9, JUN: 9, JUL: 9, AUG: 12, SEP: 8, OCT: 5, NOV: 8, DEC: 9. (c) Transportation facilities _N/A_. (d) No other pertinent information. (End of clause)
52.236-21 Specifications and Drawings for Construction. 1997-02
As prescribed in 36.521 , insert the following clause: Specifications and Drawings for Construction (Feb 1997) (a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided. (b) Wherever in the specifications or upon the drawings the words "directed," "required," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the "direction," "requirement," "order," "designation," or "prescription," of the Contracting Officer is intended and similarly the words "approved," "acceptable," "satisfactory," or words of like import shall mean "approved by," or "acceptable to," or "satisfactory to" the Contracting Officer, unless otherwise expressly stated. (c) Where "as shown," "as indicated," "as detailed," or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete in place," that is "furnished and installed." (d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1)the proposed fabrication and assembly of structural elements, and (2)the installation (i.e.,fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract. (e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefor. Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) of this clause. (f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued. (g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the Contracting Officer and one set will be returned to the Contractor.
52.236-26 Preconstruction Conference. 1995-02
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As prescribed in 36.522 , insert the following clause: Preconstruction Conference (Feb 1995) If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed. (End of clause)
52.246-21 Warranty of Construction. 1994-03
As prescribed in 46.710(e)(1), the contracting officer may insert a clause substantially as follows in solicitations and contracts when a fixed-price construction contract (see 46.705 (c)) is contemplated, and the use of a warranty clause has been approved under agency procedures: Warranty of Construction (Mar 1994) (a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier. (b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession. (c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of- (1) The Contractor's failure to conform to contract requirements; or (2) Any defect of equipment, material, workmanship, or design furnished. (d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement. (e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. (f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. (g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall- (1) Obtain all warranties that would be given in normal commercial practice; (2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and (3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer. (h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty. (i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design. (j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.
52.248-3 Value Engineering-Construction. 2015-10
(Clause Full Text Is Not Available)
52.252-2 Clauses Incorporated by Reference. 1998-02
As prescribed in 52.107(b), insert the following clause: Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):www.acquisition.gov (End of clause)
52.252-6 Authorized Deviations in Clauses. 1984-04
As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert (DEVIATION) after the date of the clause. Authorized Deviations in Clauses (Apr 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause. (b) The use in this solicitation or contract of any ____. [insert regulation name] (48 CFR ____) clause with an authorized deviation is indicated by the
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addition of (DEVIATION) after the name of the regulation. (End of clause)
DFARS Clauses Incorporated by Full Text
252.223-7001 Hazard Warning Labels. 1991-12
As prescribed in 223.303, use the following clause:
HAZARD WARNING LABELS (DEC 1991)
(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.
(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et ). The Standard requires that the hazard warning label conform to the seq requirements of the standard unless the material is otherwise subject to the requirements of one of the following statutes:labelling
(1) Federal Insecticide, Fungicide and Act; Rodenticide
(2) Federal Food, Drug and Cosmetics Act;
(3) Consumer Product Safety Act;
(4) Federal Hazardous Substances Act; or
(5) Federal Alcohol Administration Act.
(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication labelledStandard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.
MATERIAL (If None, Insert "None.") ACT
____ ____
____ ____
____ ____
(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.
(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).
(End of clause)
252.225-7974 Deviation 2020-O0005 Representation Regarding Business Operations with the Maduro Regime (Deviation 2020-O0005) 2020-02
252.225-7974 Representation Regarding Business Operations with the Maduro Regime. (Deviation 2020-O0005)Use the following provision in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items, unless the solicitation is—(a) Jointly determined by the Secretary of Defense and the Secretary of State to be—(1) Necessary for purposes of—(i) Providing humanitarian assistance to the people of Venezuela;(ii) Disaster relief and other urgent lifesaving measures; or(iii) Carrying out noncombatant evacuations; or(2) Vital to the national security interests of the United States; or
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(b) Related to the operation and maintenance of the United States Government’s consular offices and diplomatic posts in Venezuela.REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (DEVIATION 2020-O0005) (FEB 2020)(a) Definitions. As used in this provision—“Agency or instrumentality of the government of Venezuela” means an agency or instrumentality of a foreign state as defined in section 28 U.S.C.1603(b), with each reference in such section to “a foreign state” deemed to be a reference to “Venezuela.”“Business operations” means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing,or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.“Government of Venezuela” means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government ofVenezuela.“Person” means—(1) A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, orgroup; Prohibition on Contracting with Persons that have Business Operations with the Maduro Regime(2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) ofthe International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and(3) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs(1) or (2) of this definition.(b) Prohibition. In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officersare prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authorityof the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government, unless the personhas a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.(c) Representation. By submission of its offer, the Offeror represents that the Offeror—(1) Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as thelegitimate government of Venezuela by the United States Government; or(2) Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.(End of provision)
252.236-7001 Contract Drawings and Specifications. 2000-08
As prescribed in 236.570(a), use the following clause: 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: Attachment 2 - Reno Bldg 4705 - SPECS-6-15-20 Attachment 3 - Reno Bldg 4705 - DWG-6-3-20
(End of clause)
AFFARS Clauses Incorporated by Full Text
5352.201-9101 Ombudsman 10/1/2019
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
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(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Mr. David E. Jones, Deputy Director of Contracting, AFICA/KT, 2035 First Street West, JBSA Randolph TX 78150-4304, telephone 210-652-1722, [email protected]. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.
(End of clause)
5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) 10/1/2019
(a) Contractors shall not:
(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or
(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.
[Note: This prohibition does not apply to manufacturing.]
(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:
(1) Halons: 1011, 1202, 1211, 1301, and 2402;
(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and
(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.
[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]
(End of clause)
5352.242-9000 Contractor Access to Air Force Installations 10/1/2019
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver s license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)
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Section J - List of Attachments
Number Attachment Name Attachment Description
Reference Identifier Date URL Line Item
01Attachment 1 - Reno Bldg 4705-SOW-060220
Statement of Work SoW02 JUN 2020
02Attachment 2 - Reno Bldg 4705-SPECS-REV 6-15-20
Specification Specs15 JUN 2020
03Attachment 3 - Reno Bldg 4705-DWG-4-1-20
Drawings Drawings01 APR 2020
04Attachment 4 - WD MS20200050
Wage Determination Wage Determination13 MAR 2020
06Attachment 6 - Past Performance Questionnaire
Past Performance Questionnaire
PPQ14 JUN 2020
07Attachment 7 - Past Performance Reference List
Past Performance Reference List
PPRL14 JUN 2020
10Attachment 5 - Reno Bldg 4705-AF 66HAZ-6-3-20
Submittals AF6603 JUN 2020
11Attachment 8 - SF 1444
SF 1444 SF 144414 JUN 2020
12Attachment 9 - Notice of Compliance
Proof of InsuranceNotice of Compliance
14 JUN 2020
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Section K - Representations, Certification, and other Statements of Offerors
FAR Clauses Incorporated by Reference
Number Title Effective Date52.204-18 Commercial and Government Entity Code Maintenance. 2016-07
52.225-25Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications.
2018-08
52.236-28 Preparation of Proposals-Construction. 1997-10
FAR Clauses Incorporated by Full Text
52.203-5 Covenant Against Contingent Fees. 2014-05
As prescribed in 3.404 , insert the following clause: Covenant Against Contingent Fees (May 2014) (a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee. (b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. "Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. "Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. "Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. (End of clause)
52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12
As prescribed in 4.1202(b), insert the following clause. Incorporation by Reference of Representations and Certifications (Dec 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of clause)
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. 2015-10
As prescribed in 9.409 , insert the following clause: Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (a) Definition. "Commercially available off-the-shelf (COTS)" item, as used in this clause- (1) Means any item of supply (including construction material) that is- (i) A commercial item (as defined in paragraph (1) of the definition in 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. (b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of $35,000 with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so. (c) The Contractor shall require each proposed subcontractor whose subcontract will exceed $35,000, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government. (d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:
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(1) The name of the subcontractor. (2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM. (3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM. (4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment. (e) Subcontracts. Unless this is a contract for the acquisition of commercial items, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that- (1) Exceeds $35,000 in value; and (2) Is not a subcontract for commercially available off-the-shelf items. (End of clause)
52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. 1999-02
As prescribed in 22.810(b), insert the following provision: Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) (a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation. (b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: | Goals for Minority Participation for Each Trade || Goals for Female Participation for Each Trade | | __32.0__ | | _6.9__ |
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office. (c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled Affirmative Action Compliance Requirements for Construction, and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. (d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the- (1) Name, address, and telephone number of the subcontractor; (2) Employer's identification number of the subcontractor; (3) Estimated dollar amount of the subcontract; (4) Estimated starting and completion dates of the subcontract; and (5) Geographical area in which the subcontract is to be performed. (e) As used in this Notice, and in any contract resulting from this solicitation, the covered area is __Harrison County, MS (End of provision)
52.228-1 Bid Guarantee. 1996-09
As prescribed in 28.101-2, insert a provision or clause substantially as follows: Bid Guarantee (Sept 1996) (a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid. (b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds- (1) To unsuccessful bidders as soon as practicable after the opening of bids; and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted. (c) The amount of the bid guarantee shall be __20__ percent of the bid price or $__3,000,000.00__, whichever is less. (d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default. (e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference. (End of provision)
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DFARS Clauses Incorporated by Full Text
252.204-7007 Alternate A Alternate A, Annual Representations and Certifications. 2019-06
As prescribed in 204.1202, use the following provision: ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JUN 2019) Substitute the following paragraphs (b), (d), and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8: (b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) of this provision applies. (2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes: ____ (i) Paragraph (e) applies. ____ (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation. (d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated: (i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus-Representation. Applies to all solicitations with institutions of higher education. (ii) 252.216-7008, Economic Price Adjustment-Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials. (iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country. (iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite ServicesRepresentations. Applies to solicitations for the acquisition of commercial satellite services. (v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more. (vi) 252.229-7012, Tax Exemptions (Italy)-Representation. Applies to solicitations and contracts when contract performance will be in Italy. (vii) 252.229-7013, Tax Exemptions (Spain)-Representation. Applies to solicitations and contracts when contract performance will be in Spain. (viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold. (2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] ____(i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government. ____(ii) 252.225-7000, Buy American-Balance of Payments Program Certificate. ____(iii) 252.225-7020, Trade Agreements Certificate. ____ Use with Alternate I. ____(iv) 252.225-7031, Secondary Arab Boycott of Israel. ____(v) 252.225-7035, Buy AmericanFree Trade AgreementsBalance of Payments Program Certificate. ____ Use with Alternate I. ____ Use with Alternate II. ____ Use with Alternate III. ____ Use with Alternate IV. ____ Use with Alternate V. (e) The offeror has completed the annual representations and certifications electronically via the SAM website at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. | FAR/DFARS Provision # || Title || Date || Change || ____ || ____ || ____ || ____ |
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database. (End of provision)
252.211-7002 Availability for Examination of Specifications, Standards, Plans, Drawings, Data Item Descriptions, and Other Pertinent Documents. 1991-12
As prescribed in 211.204(c), use the following provision: AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS, DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS (DEC 1991) The specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation are not available for distribution but may be examined at the following location:
__BOS/CE Address, 508 L Street, Keesler AFB, MS 39534-2147, POC: Andrew Marasca, 228-377-4504__
(End of provision)
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Section L - Instrs., Conds., and Notices to Offerors
A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and other technical requirements. Offerors compliance with solicitation requirements will be the basis for a Technical rating of either "Acceptable" or "Unacceptable." Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of two (2) separate parts, Part I - Price Proposal, and Part II - Past Performance Information.
B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness of the price.
C. Specific Instructions:
Offerors will submit their proposals in either of the following ways:
Electronic proposals may be submitted via email to [email protected] or through DoD SAFE (Secure Access File Exchange) at https://safe.apps.mil.
Hard copy submissions may be hand-carried or mailed to the address listed in solicitation block 8, page 1.
***It's the offeror's responsibility to verify the receipt of their proposal prior to solicitation close date and time. ***
1. PART I - PRICE PROPOSAL
(a) Complete blocks 14, 15, 16, 17, 19 (if any amendments are issued), and 20A, 20B, 20C of the RFP Section A, SF1442. In doing so, the offeror accedes to the contract terms and conditions as written in the RFP Sections A through K. These sections constitute the model contract.
(b) Insert proposed unit prices in Section B for Contract Line Item Number (CLIN) 0001.
(c) Complete the necessary fill-ins and certifications in Sections I through K. Section K shall be returned in its entirety.
(d) Comply with provision 52.228-1 Bid Guarantee.
2. PART II - PAST PERFORMANCE INFORMATION
(a) Provide a list of no more than three (3), of the most relevant contracts performed for Federal agencies or commercial customers within the last three (3) years. For the purpose of this solicitation, recent contracts are defined as those on which some portion of performance occurred during the last three (3) years from date of receipt of proposal. Relevant performance includes present/past performance effort involving similar scope, magnitude of effort and complexities of this solicitation. The offeror shall submit references by completing Solicitation Attachment 6, PAST PERFORMANCE LIST OF REFERENCES, for contracts that you consider relevant in demonstrating your ability to perform the requirements in this solicitation.
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The completed PAST PERFORMANCE LIST OF REFERENCES must be submitted with your offer and received by the RFP closing date and time. The offeror shall ensure that the references listed in Solicitation Attachment 6 are provided the Past Performance Questionnaire (Solicitation Attachment 5) for completion. If a CPAR is available for your references, annotate on Attachment 6 and no PPQ will be required. Completed questionnaires shall be sent by the reference completing the questionnaires directly to the Government Contract Specialist at the address shown in Block 7 of the SF 1442. THIS OFFICE STRONGLY RECOMMENDS ALL OFFERORS REQUEST THEIR REFERENCES TO SUBMIT THEIR PAST PERFORMANCE QUESTIONNAIRES IMMEDIATELY TO THE 81ST CONTRACTING SQUADRON, 81 CONS/LGCB, 310 M STREET, KEESLER AFB, MS 39534-2147 OR EMAIL THEM TO [email protected].
Note: If the contract you are submitting for reference is an IDIQ, only after issuance of a task order does performance occur. Given this, an individual order under the basic contract shall be submitted, in lieu of just the basic ordering contract itself. If no CPAR is available for the task order then PPQs are required.
(b) The evaluation of PPI will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this solicitation. The type of past performance information (PPI) identified under Solicitation Attachment 6 will determine which of the remaining paragraphs apply.
(1) For PPI where the offeror was the prime contractor; comply with paragraph (c)(2) For PPI where the offeror was a subcontractor; comply with paragraphs (c) & (d)(3) For PPI where the offeror is using a subcontractor's PPI; comply with paragraph (c) & (e)(4) For PPI where the offeror is part of a teaming arrangement; comply with paragraph (f)(5) For PPI where the offeror is citing key personnel; comply with paragraph (g)
(c) Furnish the following information for each contract listed:
(i) Company name(ii) Contract number and Task Order number if applicable(iii) Contracting Agency/Customer(iv) Total Contract/Task Order Dollar Value (v) Period of Performance (identify Task Order Period of Performance if applicable)(vi) Verified, up-to-date name, address & telephone number of the contracting officer or customer POC(vii) Description of work performed(viii) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.
(d) If offeror is using PPI from work they performed as a subcontractor listed in Solicitation Attachment 6, in addition to information requested in paragraph (c) above, furnish the following information:
(i) What function(s)/task(s) did offeror perform on the Solicitation Attachment 6 contract?(ii) What percentage of the total contract value did the offeror perform on the Solicitation Attachment 6 contract?(iii) What was the value of the subcontract on the Solicitation Attachment 6 contract?
(e) If using PPI from subcontractors as part of list in Solicitation Attachment 6, in addition to information requested in paragraph (c) above, furnish the following information:
(i) What function(s)/task(s) did the subcontractor perform on the Solicitation Attachment 6 contract?(ii) What function(s)/task(s) will the subcontractor perform on this contract?(iii) What percentage of the total contract value did the subcontractor perform on the Solicitation
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Attachment 6 contract?(iv) What percentage of the total contract value will the subcontractor perform on this contract?
(f) If a teaming arrangement is contemplated, the offerors shall provide complete information as to the arrangement, including any relevant and recent past/present performance information on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past and present relevant contracts to be evaluated.
(g) If using PPI from key personnel as part of list in Solicitation Attachment 6, in addition to information requested in paragraph (c) above, furnish the following information:
(i) What function(s)/task(s) did the key personnel perform on the Solicitation Attachment 6 contract?(ii) What function(s)/task(s) would the key personnel perform on this contract?(iii) What percentage of the total contract value did the key personnel perform on the Solicitation Attachment 6 contract?(iv) What percentage of the total contract value will the key personnel perform on this contract?
FAR Clauses Incorporated by Reference
Number Title Effective Date52.214-35 Submission of Offers in U.S. Currency. 1991-04
FAR Clauses Incorporated by Full Text
52.204-8 Annual Representations and Certifications. 2019-12
As prescribed in 4.1202(a), insert the following provision: Annual Representations and Certifications (Dec?2019) (a) (1) The North American Industry Classification System (NAICS) code for this acquisition is __236220__. (2) The small business size standard is _$39.5M_. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes: (i) [_] Paragraph (d) applies. (ii) [_] Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless- (A) The acquisition is to be made under the simplified acquisition procedures in part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations. (iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management. (v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that- (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations. (vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation. (viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
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(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations. (x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. (xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (xii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. (xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items. (xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.) (xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies. (D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies. (xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations. (xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations. (xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions. (2) The following representations or certifications are applicable as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] ____ (i) 52.204-17, Ownership or Control of Offeror. ____ (ii) 52.204-20, Predecessor of Offeror. ____ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. ____ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification. ____ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification. ____ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only). ____ (vii) 52.227-6, Royalty Information. ____ (A) Basic. ____ (B) Alternate I. ____ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. | FAR Clause # Title Date Change || ____ ____ ____ ____ |
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM. (End of provision)
52.214-34 Submission of Offers in the English Language. 1991-04
As prescribed in 14.201-6(w), insert the following provision: Submission of Offers in the English Language (Apr 1991) Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected. (End of provision)
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52.215-1 Instructions to Offerors-Competitive Acquisition. 2017-01
As prescribed in 15.209(a), insert the following provision: Instructions to Offerors-Competitive Acquisition (Jan 2017) (a) Definitions. As used in this provision- "Discussions" are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal. "In writing," "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information. "Proposal modification" is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award. "Proposal revision" is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations. "Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day. (b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s). (c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision. (2) The first page of the proposal must show- (i) The solicitation number; (ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available); (iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item; (iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and (v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office. (3) Submission, modification, revision, and withdrawal of proposals. (i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due. (ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or (2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (3) It is the only proposal received. (B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award. (4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items. (5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation. (6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award. (7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer. (8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer. (d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror). (e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall- (1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for
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any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and (2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. (f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation. (2) The Government may reject any or all proposals if such action is in the Government's interest. (3) The Government may waive informalities and minor irregularities in proposals received. (4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. (5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal. (6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so. (7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government. (8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government. (9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk. (10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party. (11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (iv) A summary of the rationale for award. (v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
52.216-1 Type of Contract. 1984-04
As prescribed in 16.105, complete and insert the following provision: Type of Contract (Apr 1984) The Government contemplates award of a _Firm Fixed Price_ contract resulting from this solicitation. (End of provision)
52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. 2014-05
As prescribed in 22.407(h), insert the following provision: Construction Wage Rate Requirements-Secondary Site of the Work (May 2014) (a) (1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation. (2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer. (b) (1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer. (2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work. (End of provision)
52.233-2 Service of Protest. 2006-09
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As prescribed in 33.106, insert the following provision: Service of Protest (Sept 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Kimberley L. Alvarez81st Contracting Squadron310 M Street BLDG 4605Keesler AFB, MS 39534-2147
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision)
52.236-27 Site Visit (Construction). 1995-02
As prescribed in 36.523, insert a provision substantially the same as the following: Site Visit (Construction) (Feb 1995) (a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed. (b) An organized site visit has been scheduled for - 14 July 2020 @ 0830 CST: (c) Due to Keesler AFB cancelling the “Trusted Traveler” program, contractors are no longer able to enter the base via the south side entrance of the Contracting Office for site visits. All site visit participants MUST have a base pass in order to attend. Unless you already have base access i.e. retired military ID card or have a current badge/pass due to an ongoing contract held on Keesler AFB, a pass must be obtained from the Keesler AFB visitor center.Participation is limited to NO MORE THAN 2 representatives from a company. An email containing the full name (as it appears on theiridentification card) of each site visit attendee must be sent to [email protected] by COB on 10 July 2020.In order to gain access to the base to attend the site visit you must have a valid driver's license, and if driving, a vehicle registration and vehicle insurance document.Any person that is attending MUST WEAR A FACECOVERING/MASK. Any person that shows up without a mask will be turned away and not gain access to the building.A background check will be conducted on all individuals requesting a pass.Participants may pick up their pass from the Visitors Center at the White Avenue Gate entrance to Keesler AFB anytime between 13 July 2020 and at least 1 hour before the site visit is scheduled. Visitors Center hours of operation are Monday – Thursday 0600 – 1700, Friday 0600 – 1600, and Saturday 0900 – 1500. It is highly recommended to arrive at the visitor center AT LEAST 1 hour before the scheduled start time of the site visit as the average wait times at the visitor center canrange from 45-90 minutes. The Visitor Center is normally the least busy between the hours of 0600 – 0900.Please plan to get your base pass early, as we do not want to delay the site visit start time due to waiting on participants to get their pass.Participants will meet at the south parking lot of Bldg 4705, on 14 July 2020 @0830 CST.
Contact the following for further questions:Name: Logan DeLukeAddress: 81st Contracting Squadron 310 M St Bldg 4605 Keesler AFB, MS 39534Telephone: 228-377-1811
52.252-1 Solicitation Provisions Incorporated by Reference. 1998-02
As prescribed in 52.107(a), insert the following provision: Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov (End of provision)
52.252-5 Authorized Deviations in Provisions. 1984-04
As prescribed in 52.107(e), insert the following provision in solicitations that include any FAR or supplemental provision with an authorized deviation. Whenever any FAR or supplemental provision is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the provision when it is used without deviation, include regulation name for any supplemental provision, except that the contracting officer shall insert (DEVIATION) after the date of the provision. Authorized Deviations in Provisions (Apr 1984)
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(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the provision. (b) The use in this solicitation of any ____ [insert regulation name] (48 CFR Chapter ____) provision with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation. (End of provision)
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Section M - Evaluation Factors for Award
BASIS FOR CONTRACT AWARD: This is a competitive best value tradeoff source selection (FAR 15.101-1)in which competing offerors' past performance history will be evaluated on a basis significantly more importantthan price considerations. By submission of its offer, the offeror accedes to comply with all solicitationrequirements, including terms and conditions, representations and certifications, and technical requirements.Offerors must clearly identify any exception to the solicitation terms and conditions and provide completeaccompanying rationale. Compliance with minimum solicitation requirements as described in Section L will bethe basis for a Technical rating of either "Acceptable" or "Unacceptable. The evaluation process shall proceed asfollows:A. Initially, offers will be evaluated for technical acceptability. The technical evaluation will determine if theproposal clearly meets the minimum requirements of the solicitation. Offerors will receive a rating of either"Acceptable" or "Unacceptable."B. For the purpose of identifying the order in which past performance evaluations will be conducted, offersreceiving an "Acceptable" technical rating shall be ranked according to price from lowest to highest. The priceevaluation will document the reasonableness of the proposed total evaluated price.C. Using questionnaires, the contracting officer shall seek recent and relevant performance information on allofferors based on (1) the past and present efforts provided by the offeror and (2) data independently obtainedfrom other government and commercial sources. For the purpose of this solicitation, recent contracts are definedas those on which some portion of performance occurred during the last three (3) years from date of receipt ofproposal. Relevant performance includes past/present effort involving similar scope and magnitude of effort andcomplexities this solicitation requires. Relevancy Ratings are defined in Table 1 below. In evaluating pastperformance, greater consideration may be given to information on those contracts deemed most relevant to theeffort described in this solicitation. The purpose of the past performance evaluation is to allow the governmentto assess the offeror's ability to perform the effort described in this RFP, based on the offeror's demonstratedpresent and past performance. The assessment process will result in an overall performance confidenceassessment of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or NeutralConfidence as defined in Table 2 below. Past performance regarding predecessor companies, key personnel whohave relevant experience, or sub-contractors that will perform major or critical aspects of the requirement willbe considered as highly as past performance information for the principal offeror. Offerors with no relevant pastor present performance history or the offeror's performance record is so limited that no confidence assessmentrating can be reasonably assigned shall receive the rating "Neutral Confidence," meaning the rating is treatedneither favorably nor unfavorably.
Table 1. Past Performance Relevancy Rating Method
Rating: Very RelevantRating Definition: Present/past performance involved essentially the same scope and magnitude of effort andcomplexities as the effort required by this solicitation
Rating: RelevantRating Definition: Present/past performance effort involved similar scope and magnitude of effort andcomplexities this solicitation requires
Rating: Somewhat RelevantRating Definition: Present/past performance effort involved some of the scope and magnitude of effort andcomplexities this solicitation requires.
Rating: Not RelevantRating Definition: Present/past performance effort involved little or none of the scope and magnitude of effortand complexities this solicitation requires.
Table 2. Performance Confidence Assessments Rating Method
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Rating: Substantial ConfidenceRating Definition: Based on the offeror's recent/relevant performance record, the Government has a highexpectation that the offeror will successfully perform the required effort.
Rating: Satisfactory ConfidenceRating Definition: Based on the offeror's recent/relevant performance record, the Government has a reasonableexpectation that the offeror will successfully perform the required effort.
Rating: Neutral ConfidenceRating Definition: No recent/relevant performance record is available or the offeror's performance record is sosparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not beevaluated favorably or unfavorably on the factor of past performance
Rating: Limited ConfidenceRating Definition: Based on the offeror's recent/relevant performance record, the Government has a lowexpectation that the offeror will successfully perform the required effort.
Rating: No ConfidenceRating Definition: Based on the offeror's recent/relevant performance record, the Government has noexpectation that the offeror will be able to successfully perform the required effort.
D. Offerors are cautioned to submit sufficient information and in the format specified in Section L. Offerorsmay be asked to clarify certain aspects of their proposal (for example, the relevance of past performanceinformation) or respond to adverse past performance information to which the offeror has not previously had anopportunity to respond. Adverse past performance is defined as past performance information that supports aless than satisfactory rating on any evaluation element or any unfavorable comments received from sourceswithout a formal rating system. Communication conducted to resolve minor or clerical errors will not constitutediscussions and the contracting officer reserves the right to award a contract without the opportunity forproposal revision.E. If the lowest priced evaluated offer is assessed a Substantial Confidence performance assessment, that offerrepresents the best value for the Government and the evaluation process stops at this point. Award shall be madeto that offeror without further consideration of any other offers.F. If the lowest priced offeror is not assessed a Substantial Confidence performance confidence assessment, thenext lowest priced offeror will be evaluated and the process will continue (in order by price) until an offeror isassessed a Substantial Confidence performance confidence assessment or until all offerors are evaluated. TheSource Selection Authority shall then make an integrated assessment best value award decision.G. Clarifications and communications, as defined in FAR 15.306, do not constitute discussions. The governmentintends to evaluate proposals and make award without discussions. However, the government may determine itis necessary to conduct discussions.
FAR Clauses Incorporated by Full Text
52.225-10 Notice of Buy American Requirement-Construction Materials. 2014-05
As prescribed in 25.1102(b)(1), insert the following provision: Notice of Buy American Requirement-Construction Materials (May 2014) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9). (b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs(c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer. (c) Evaluation of offers.
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(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate StandardForm1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs(c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations.
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