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SECTION B Supplies or Services and Prices
|ITEM NO |SUPPLIES/SERVICES |QUANTITY |UNIT |UNIT PRICE |AMOUNT |
|0001 | |1.00 |Lump Sum |______________ |_____________ |
| |Repair Water Tower, Facility 616 | |
| |FFP - Contractor shall provide all plant, labor, tools equipment, materials, transportation, | |
| |supervision, and all other necessary supplies and services required to demolish existing water | |
| |storage tank number 616, construct new 300,000 gallon, elevated steel storage tank and site-adapt | |
| |tank and foundations, associated valve pits, piping, accessories and controls at the same location| |
| |at Langley AFB, VA. The project will include site development work, to include paved access to | |
| |site, security fence, walks, storm drainage, landscaping, painting (Tower and Logo), exterior | |
| |lighting (as necessary), all piping, valves and controls required to tie-in to existing water | |
| |supply system, Cathodic protection for all components of the system and all electrical, lighting, | |
| |and alarms systems required to meet AF regulation and applicable codes. All work shall be | |
| |performed in accordance with the attached specifications and drawings. | |
| |NSN Z299-01-WAT-ERTO | |
| |SIGNAL CODE A | |
| | |
| |
SECTION E Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
|CLIN |INSPECT AT |INSPECT BY |ACCEPT AT |ACCEPT BY |
|0001 |Destination |Government |Destination |Government |
DESIGNATION OF GOVERNMENT INSPECTION
The Base Civil Engineer or his/her authorized representative is designated as the representative of the contracting office for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This designation in no way authorizes anyone other than the contracting officer to commit the Government to changes in the terms of the contract. The inspector is not authorized or required to perform the quality control for the contract.
NOTICE OF COMPLETION FINAL INSPECTION
(a) When the contractor is ready for final inspection, a request will be forwarded in writing to the Contracting Officer or his/her designated representative unless prior verbal arrangements have been made. These will be approved on a case by case basis. The final inspection will normally be requested five days prior to the desired date or as otherwise negotiated with the contracting officer. Final inspections shall be scheduled prior to the completion date.
(b) Once the contractor has requested a final inspection, the government inspector may then conduct a pre-final inspection. Any discrepancies noted will be corrected by the contractor prior to any final inspection.
(c) The final inspection will be performed with representation from Contracting, Civil Engineering and the contractor as a minimum. Any discrepancies noted will be corrected by the contractor within the time specified by the contracting officer, prior to final invoicing/payment. The contracting officer reserves the right to both decline the contractor’s request for a final or suspend a final inspection when it is evident that the contractor is not ready for a final inspection.
CLAUSES INCORPORATED BY FULL TEXT
52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not--
(1) Relieve the Contractor of responsibility for providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.
(End of clause)
SECTION F Deliveries or Performance
DELIVERY INFORMATION
|CLINS |DELIVERY DATE |UNIT OF ISSUE |QUANTITY |FOB |SHIP TO ADDRESS |
|0001 |266.00 DAYS AFTER NOTICE TO |Lump Sum | 1.00 |Dest. |FQ4800 |
| |PROCEED | | | |1 CES/CE - FQ4800 |
| | | | | |JAMES WAMPLER / CHIEF, ENGINEERING FLIGHT |
| | | | | |SWEENEY BLVD |
| | | | | |LANGLEY AFB VA 23665 |
SECTION G Contract Administration Data
CLAUSES INCORPORATED BY REFERENCE:
|252.242-7000 |Postaward Conference |DEC 1991 | |
1. ADMINISTRATIVE MATTERS
The address and telephone number of the Contracting Officer and Contract Specialist are:
Contracting Officer: Winona Sewell Hall (757) 764-7032
Contract Specialist Delores Powell (757) 764-7033
1CONS/LGCA
74 Nealy Avenue
Langley AFB, VA 23665-2088
2. CONTRACTOR’S CONTRACT ADMINISTRATION
The Contractor’s contract administration function will be performed at the following address:
____________________________________________ CEC/DUNS# ____________________________________
____________________________________________ CAGE CODE ___________________________________
____________________________________________ TAX IDENTIFICATION NO._______________________
TELEPHONE NUMBER: ______________________
3. INVOICES
Invoices may be submitted for percent of completion progress payment or payment upon completion of accepted work. Submit invoices to the following address:
Original To: Copy To: The Paying Office is:
For USPS:
Defense Finance and Accounting Service 1st Contracting Squadron DFAS-LI/FP
DFAS-BAASD/CC 74 Nealy Ave. 27 Arkansas Road
P.O. Box 369020 Langley AFB, VA 23665-2088 Limestone, ME 04751-1500
Columbus, OH 13236-9024
For Federal Express
DFAS-Columbus
3990 East Broad Street
Bldg. #21-Mainl Room (Limestone Documents)
Columbus, OH 42313
ATTN: Supervisor 614-693-9019
FAX: (317) 510-1147
SECTION H Special Contract Requirements
1. ADVANCED CONTRACTING AUTHORITY
This solicitation is being issued under Advance Contract Authority. Funds will be made available after proposals have been reviewed and an award decision has been made.
2. REQUIRED INSURANCE
Reference FAR clause entitled "Insurance . . ." the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.
(a) Workmen's Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen's Compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.
(b) General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.
(c) Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.
3. NOTICE TO PROCEED
A notice to proceed will be issued within 30 Calendar days after award of contract. The Contracting Officer reserves the right to determine the issue date of any notice to proceed.
4. ENVIRONMENTAL IMPACT
All waste materials generated by any work under the contract performed on a government installation shall be handled, transported, stored, and disposed of by the contractor and by his subcontractors at any time in accordance with all applicable Federal, state, or local laws, ordinances, regulations, court orders, or other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 1857 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the government for all such liability.
5. TELEPHONE COMMUNICATIONS SECURITY MONITORING
All communications with DOD organizations are subject to emissions security (EMSEC) review. Contractor personnel will be aware telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. The DOD has authorized the military departments to conduct EMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, civilian contractor personnel are advised any time they place a call to, or receive a call from, an USAF organization, they are subject to EMSEC procedures. The contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with DOD information.
6. EMERGENCY MEDICAL TREATMENT
The Langley AFB Hospital will provide emergency medical treatment to employees of the Contractor for injuries incurred while working at Langley AFB. The Contractor will be required to reimburse the Government at an established rate for non-beneficiaries in accordance with Air Force Handbook 41-114. After receiving initial emergency treatment, the Contractor will provide the hospital with the name of a physician and/or hospital to
which injured personnel can be transferred for further treatment and care. Follow-on care after initial emergency treatment will not be provided.
7. DAVIS BACON WAGE RATES
The current Davis Bacon Wage Rates Decision(s) are incorporated into this contract. See Section J, Attachment 4.
8. PERFORMANCE AND PAYMENT BONDS
Reference Section I FAR Clause 52.228-15 for further information on bonds.
9. LIQUIDATED DAMAGES
The rates for first and last days and all days in between are given in Section I, FAR clause 52.211-12.
10. IDENTIFICATION OF CORRESPONDENCE
All correspondence and data submitted by the contractor under this contract shall reference the contract number, delivery order number, project title, and project number.
11. AF FORM 66, SUBMITTAL LOG
An AF Form 66 is issued with this solicitation. Items shown on the “66” which require approval prior to the item being used on the job site, are to be submitted within 10 days after the issuance of the Notice to Proceed. Other items such as test reports, are to be submitted within 10 days after the occurrence. The contract shall notify the Contracting Officer for any submittals, which cannot be provided in the appropriate time frame.
12. ORDER OF WORK
When a work schedule is required, the contractor will submit for approval all work schedules to the Contracting Officer (CO) prior to the start of work. Approved schedules cannot be changed without the CO approval.
13. PERFORMANCE MEETINGS
Performance meetings will be held at 1st Contracting Squadron, 74 Nealy Ave, Langley AFB, VA with the Contracting Officer or his/her designated representative, Chief of Construction Team or his/her designated representative, and the contractor on a weekly or as needed basis to discuss all ongoing and upcoming projects, potential problems, any concerns, the contract in general and any other items that may need to be addressed.
14. WORK SCHEDULE
All work must be accomplished in such a manner that minimum inconvenience will be caused to the using agencies. In some cases, the contractor will be required to work around or move Government equipment within a work area to protect it from debris and damage. Contractor is responsible for all damages.
15. RADIO ACTIVE MATERIALS:
Reference Section I, Clause 52.223-7, Notice of Radio Active Materials. In addition to Clause requirement, the following applies: Base Contracting (1 CONS) will ensure no contractor or other non-Air Force organizations are using a radiation source (i.e., Lasers, RF emitters, and ionizing radiation sources) on Langley AFB, without the approval or knowledge of the Base Radiation Safety Officer (RSO). The contractor is required to follow applicable Air Force directives, technical orders, and AFOSH standards conducting operations on Langley AFB. Any contractor bringing radioactive materials on Langley or using radioactive materials will provide the following information to the base RSO.
a) A written request (30 days in advance) for permission to bring any radioactive material on base.
b) Evidence of a valid Nuclear Regulatory Commission (NRC) or Agreement State Radioactive Materials License.
(c ) A copy of NRC Form 241, Report of Proposed Activities in Non-Agreement States, or a similar document
(such as a letter), listing the specific licensable items the contractor wishes to use on the base (in the case of an
Agreement State License, the original must be forwarded by the contractor to the appropriate NRC region).
a) Report of last leak tests, if testing is required by the NRC license.
b) Proof of a valid Air Force contract.
16. HOURS OF OPERATION: Normal Hours: Monday through Friday, 7:30 AM to 4:30 PM
17. RECOGNIZED HOLIDAYS: following is a list of federally recognized holidays.
New Years Day* 1 Jan Labor Day 1st Monday in Sep
Martin Luther King’s Birthday 3rd Monday in Jan Columbus Day 2nd Monday in Oct
Presidents Day 3rd Monday in Feb Veteran’s Day* 11 Nov
Memorial Day Last Monday in May Thanksgiving Day 4th Thursday in Nov
Independence Day* 4 July Christmas Day* 25 Dec
* If the holiday falls on a Saturday it will be observed on the preceding Friday. If the holiday falls on a Sunday it will be observed on the following Monday.
18. ORDER OF PRECEDENCE: FAR clause 52.236-21 Specifications and Drawings for Construction takes
precedence over 52.215-8 Order of Precedence – Uniform Contract Format
19. DAMAGE TO UTILITIES:
In the event of a contractor caused utility failure/disruption, the Contractor will first make the area safe, then immediately contact the Contracting Officer and Civil Engineering Service Call desk. If the damaged utilities were previously known or shown to the contractor, and there is negligence on his part, the utilities will be repaired by the contractor. Repair will be in a timely manner at no cost to the government. If the damaged utilities are not known or shown to the contractor and there is no negligence on his part, they will be repaired at government expense.
SECTION I Contract Clauses
CLAUSES INCORPORATED BY REFERENCE:
|52.202-1 Alt I |Definitions (Dec 2001) --Alternate I |MAY 2001 | |
|52.203-6 |Restrictions On Subcontractor Sales To The Government |JUL 1995 | |
|52.203-7 |Anti-Kickback Procedures |JUL 1995 | |
|52.203-8 |Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity |JAN 1997 | |
|52.203-10 |Price Or Fee Adjustment For Illegal Or Improper Activity |JAN 1997 | |
|52.203-12 |Limitation On Payments To Influence Certain Federal Transactions |JUN 1997 | |
|52.204-4 |Printed or Copied Double-Sided on Recycled Paper |AUG 2000 | |
|52.209-6 |Protecting the Government's Interest When Subcontracting With Contractors |JUL 1995 | |
| |Debarred, Suspended, or Proposed for Debarment | | |
|52.211-13 |Time Extensions |SEP 2000 | |
|52.215-2 |Audit and Records--Negotiation |JUN 1999 | |
|52.215-8 |Order of Precedence--Uniform Contract Format |OCT 1997 | |
|52.219-8 |Utilization of Small Business Concerns |OCT 2000 | |
|52.219-9 Alt II |Small Business Subcontracting Plan (Jan 2002) Alternate II |OCT 2001 | |
|52.219-16 | Liquidated Damages-Subcontracting Plan |JAN 1999 | |
|52.222-1 |Notice To The Government Of Labor Disputes |FEB 1997 | |
|52.222-3 |Convict Labor |AUG 1996 | |
|52.222-4 |Contract Work Hours and Safety Standards Act - Overtime Compensation |SEP 2000 | |
|52.222-6 |Davis Bacon Act |FEB 1995 | |
|52.222-7 |Withholding of Funds |FEB 1988 | |
|52.222-8 |Payrolls and Basic Records |FEB 1988 | |
|52.222-9 |Apprentices and Trainees |FEB 1988 | |
|52.222-10 |Compliance with Copeland Act Requirements |FEB 1988 | |
|52.222-11 |Subcontracts (Labor Standards) |FEB 1988 | |
|52.222-12 |Contract Termination-Debarment |FEB 1988 | |
|52.222-13 |Compliance with Davis-Bacon and Related Act Regulations. |FEB 1988 | |
|52.222-14 |Disputes Concerning Labor Standards |FEB 1988 | |
|52.222-15 |Certification of Eligibility |FEB 1988 | |
|52.222-21 |Prohibition Of Segregated Facilities |FEB 1999 | |
|52.222-26 |Equal Opportunity |APR 2002 | |
|52.222-35 |Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era and |DEC 2001 | |
| |Other Eligible Veterans | | |
|52.222-36 |Affirmative Action For Workers With Disabilities |JUN 1998 | |
|52.222-37 |Employment Reports On Special Disabled Veterans, Veterans Of The Vietnam Era, |DEC 2001 | |
| |and Other Eligible Veterans | | |
|52.223-3 |Hazardous Material Identification And Material Safety Data |JAN 1997 | |
|52.223-5 |Pollution Prevention and Right-to-Know Information |APR 1998 | |
|52.223-6 |Drug Free Workplace |MAY 2001 | |
|52.223-14 |Toxic Chemical Release Reporting |OCT 2000 | |
|52.225-13 |Restrictions on Certain Foreign Purchases |JUL 2000 | |
|52.227-1 |Authorization and Consent |JUL 1995 | |
|52.227-2 |Notice And Assistance Regarding Patent And Copyright Infringement |AUG 1996 | |
|52.227-4 |Patent Indemnity-Construction Contracts |APR 1984 | |
|52.228-2 |Additional Bond Security |OCT 1997 | |
|52.228-5 |Insurance - Work On A Government Installation |JAN 1997 | |
|52.228-11 |Pledges Of Assets |FEB 1992 | |
|52.228-12 |Prospective Subcontractor Requests for Bonds |OCT 1995 | |
|52.228-14 | Irrevocable Letter of Credit |DEC 1999 | |
|52.228-15 |Performance and Payment Bonds--Construction |JUL 2000 | |
|52.229-3 |Federal, State And Local Taxes |JAN 1991 | |
|52.229-5 |Taxes--Contracts Performed In U S Possessions Or Puerto Rico |APR 1984 | |
|52.232-5 |Payments under Fixed-Price Construction Contracts |SEP 2002 | |
|52.232-17 |Interest |JUN 1996 | |
|52.232-23 Alt I |Assignment of Claims (Jan 1986) - Alternate I |APR 1984 | |
|52.232-27 |Prompt Payment for Construction Contracts |FEB 2002 | |
|52.232-33 |Payment by Electronic Funds Transfer--Central Contractor Registration |MAY 1999 | |
|52.233-1 |Disputes |JUL 2002 | |
|52.233-3 |Protest After Award |AUG 1996 | |
|52.236-2 |Differing Site Conditions |APR 1984 | |
|52.236-3 |Site Investigation and Conditions Affecting the Work |APR 1984 | |
|52.236-5 |Material and Workmanship |APR 1984 | |
|52.236-6 |Superintendence by the Contractor |APR 1984 | |
|52.236-7 |Permits and Responsibilities |NOV 1991 | |
|52.236-8 |Other Contracts |APR 1984 | |
|52.236-9 |Protection of Existing Vegetation, Structures, Equipment, Utilities, and |APR 1984 | |
| |Improvements | | |
|52.236-10 |Operations and Storage Areas |APR 1984 | |
|52.236-11 |Use and Possession Prior to Completion |APR 1984 | |
|52.236-12 |Cleaning Up |APR 1984 | |
|52.236-13 Alt I |Accident Prevention (Nov 1991) - Alternate I |NOV 1991 | |
|52.236-14 |Availability and Use of Utility Services |APR 1984 | |
|52.236-15 |Schedules for Construction Contracts |APR 1984 | |
|52.236-17 |Layout of Work |APR 1984 | |
|52.236-21 |Specifications and Drawings for Construction |FEB 1997 | |
|52.236-26 |Preconstruction Conference |FEB 1995 | |
|52.242-13 |Bankruptcy |JUL 1995 | |
|52.242-14 |Suspension of Work |APR 1984 | |
|52.243-4 |Changes |AUG 1987 | |
|52.246-21 |Warranty of Construction |MAR 1994 | |
|52.248-3 |Value Engineering-Construction |FEB 2000 | |
|52.249-2 Alt I |Termination for Convenience of the Government (Fixed-Price) (Sep 1996) - |SEP 1996 | |
| |Alternate I | | |
|52.249-10 |Default (Fixed-Price Construction) |APR 1984 | |
|52.252-2 |Clauses Incorporated By Reference |FEB 1998 | |
|52.253-1 |Computer Generated Forms |JAN 1991 | |
|252.203-7001 |Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related |MAR 1999 | |
| |Felonies | | |
|252.204-7003 |Control Of Government Personnel Work Product |APR 1992 | |
|252.204-7004 |Required Central Contractor Registration |NOV 2001 | |
|252.205-7000 |Provisions Of Information To Cooperative Agreement Holders |DEC 1991 | |
|252.209-7000 |Acquisition From Subcontractors Subject To On-Site Inspection Under The |NOV 1995 | |
| |Intermediate Range Nuclear Forces (INF) Treaty | | |
|252.209-7004 |Subcontracting With Firms That Are Owned or Controlled By The Government of a |MAR 1998 | |
| |Terrorist Country | | |
|252.219-7003 |Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan |APR 1996 | |
| |(DOD Contracts) | | |
|252.223-7004 |Drug Free Work Force |SEP 1988 | |
|252.223-7006 |Prohibition On Storage And Disposal Of Toxic And Hazardous Materials |APR 1993 | |
|252.225-7012 |Preference For Certain Domestic Commodities |APR 2002 | |
|252.225-7031 |Secondary Arab Boycott Of Israel |JUN 1992 | |
|252.226-7001 |Utilization of Indian Organizations and Indian-Owned Economic Enterprises-DoD |SEP 2001 | |
| |Contracts | | |
|252.227-7033 |Rights in Shop Drawings |APR 1966 | |
|252.236-7000 |Modification Proposals-Price Breakdown |DEC 1991 | |
|252.236-7005 |Airfield Safety Precautions |DEC 1991 | |
|252.243-7001 |Pricing Of Contract Modifications |DEC 1991 | |
|252.243-7002 |Requests for Equitable Adjustment |MAR 1998 | |
|252.247-7023 |Transportation of Supplies by Sea |MAY 2002 | |
|252.247-7024 |Notification Of Transportation Of Supplies By Sea |MAR 2000 | |
|5352.223-9000 |ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) |MAY 1996 | |
CLAUSES INCORPORATED BY FULL TEXT
52.203-3 GRATUITIES (APR 1984)
(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--
(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and
(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.
(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.
(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--
(1) To pursue the same remedies as in a breach of the contract; and
(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)
(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.
(End of clause)
52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)
(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, in its discretion, 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)
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 7 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 .266 calendar days after Notice to Proceed. The time stated for completion shall include final cleanup of the premises.
(End of clause)
52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $278.95 for the first and last day of delay and $128.15 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)
52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JAN 1999)
(a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.
(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--
(i) Offers from HUBZone small business concerns that have not waived the evaluation preference;
(ii) Otherwise successful offers from small business concerns;
(iii) Otherwise successful offers of eligible products under the Trade Agreements Act when the dollar threshold for application of the Act is exceeded (see 25.402 of the Federal Acquisition Regulation (FAR)); and
(iv) Otherwise successful offers where application of the factor would be inconsistent with a Memorandum of Understanding or other international agreement with a foreign government.
(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.
(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer.
These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.
(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference.
___ Offeror elects to waive the evaluation preference.
(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for
(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;
(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be will be spent on the concern's employees or the employees of other HUBZone small business concerns; or
(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns.
(e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the HUBZone small business participant or participants.
(f) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.
(End of clause)
52.222-23 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 |Goals for female participation for |
|each trade |each trade |
| | |
|27.1 |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 1ST Contracting Squadron/LGCA, 74 Nealy Ave., Langley AFB, VA 23665-2088.
52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)
(a) The Contractor shall notify the Contracting Officer or designee, in writing, 30 days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or (2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107).
* The Contracting Officer shall insert the number of days required in advance of delivery of the item or completion of the servicing to assure that required licenses are obtained and appropriate personnel are notified to institute any necessary safety and health precautions. See FAR 23.601(d).
(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall-
(1) Be submitted in writing;
(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and
(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.
(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract.
(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause.
(End of clause)
52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (MAY 2002)
(a) Definitions. As used in this clause--
Component means an article, material, or supply incorporated directly into a construction material.
Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
Cost of components means--
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (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 end product.
Domestic construction material means--
(1) An unmanufactured construction material mined or produced in the United States; or
(2) A construction material manufactured in the United States, if 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.
Foreign construction material means a construction material other than a domestic construction material.
United States means the 50 States and the District of Columbia, U.S. territories and possessions, Puerto Rico, the Northern Mariana Islands, and any other place subject to U.S. jurisdiction, but does not include leased bases.
(b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. 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 the construction material 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 Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
----------------------------------------------------------------------------------------------------------------
Construction material description Unit of measure Quantity Price (dollars) \1\
----------------------------------------------------------------------------------------------------------------
Item 1
Foreign construction material.... ....................... ....................... .......................
Domestic construction material... ....................... ....................... .......................
Item 2
Foreign construction material.... ....................... ....................... .......................
Domestic construction material... ....................... ....................... .......................
----------------------------------------------------------------------------------------------------------------
Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry
certificate is issued).
List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral,
attach summary.
Include other applicable supporting information.
(End of clause)
52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)
The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty-five (25%) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.
52.252-6 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 DFAR (48 CFR 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.236-7001 CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS (AUG 2000)
(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.
(b) The Contractor shall--
(1) Check all drawings furnished immediately upon receipt;
(2) Compare all drawings and verify the figures before laying out the work;
(3) Promptly notify the Contracting Officer of any discrepancies;
(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and
(5) Reproduce and print contract drawings and specifications as needed.
(c) In general--
(1) Large-scale drawings shall govern small-scale drawings; and
(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.
(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.
(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:
Title File Drawing No.
Cover Sheet G-1 20FY02
Legend and Notes C-1 20FY02
Demolition Plan C-2 20FY02
New Work Plan C-3 20FY02
Valve Vault Plan C-4 20FY02
Booster Pump Station Details C-5 20FY02
Site Details C-6 20FY02
Foundation Demolition Plan SD-1 20FY02
Existing Water Tank Elevators SD-2 20FY02
Foundation Plan and Sections S-1 20FY02
Water Tank Elevation S-2 20FY02
Electrical Site Plans E-1 20FY02
Electrical Elevators E-2 20FY02
Electrical Details E-3 20FY02
Electrical Details E4 20FY02
(End of clause)
5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (JUN 2002)
(a) The contractor shall obtain base identification and vehicle passes 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 police 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, Volume 1, the Air Force Installation Security Program and, AFI 31-501, Personnel Security Program Management, 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.
SECTION J List of Documents, Exhibits and Other Attachments
DOCUMENT TYPE DESCRIPTION PAGES DATES
Attachment 1 Specification 273 09 July 2002
MUHJ 01-4155
Attachment 2 Schedule of Material 6 12 July 2002
Submittals, AF Form 66
Attachment 3 Drawings, 20FY02 14 14 July 2002
Attachment 4 General Decision No. 3 07 March 2003
VA020018, Modification 6
Heavy
Attachment 5 Past Performance 4 12 June 2003
Attachment 6 Subcontractor’s Consent 1 12 June 2003
SECTION K Representations, Certifications and Other Statements of Offerors
CLAUSES INCORPORATED BY REFERENCE:
|52.203-11 |Certification And Disclosure Regarding Payments To Influence Certain Federal |APR 1991 | |
| |Transactions | | |
|52.222-38 |Compliance with Veterans' Employment Reporting Requirements |DEC 2001 | |
|252.209-7001 |Disclosure of Ownership or Control by the Government of a Terrorist Country |MAR 1998 | |
CLAUSES INCORPORATED BY FULL TEXT
52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(a) The offeror certifies that --
1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –
i) Those prices,
ii) The intention to submit an offer, or
(iii) The methods of factors used to calculate the prices offered:
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --
(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or
(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
(End of provision)
52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
“Common parent,” as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
“Taxpayer Identification Number (TIN),” as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN).
___ TIN:.___________________________
___ TIN has been applied for.
___ TIN is not required because:
___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
___ Offeror is an agency or instrumentality of a foreign government;
___ Offeror is an agency or instrumentality of the Federal Government.
(e) Type of organization.
___ Sole proprietorship;
___ Partnership;
___ Corporate entity (not tax-exempt);
___ Corporate entity (tax-exempt);
___ Government entity (Federal, State, or local);
___ Foreign government;
___ International organization per 26 CFR 1.6049-4;
___ Other ______________________________
(f) Common parent.
___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
___ Name and TIN of common parent:
Name _________________________________
TIN ___________________________________
(End of provision)
52.204-5 Women-Owned Business (OTHER THAN SMALL BUSINESS) (MAY 1999)
(a) Definition. Women-owned business concern, as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ) is a women-owned business concern.
(End of provision)
52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that--
(i) The Offeror and/or any of its Principals--
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision.
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
(End of provision)
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2002) ALTERNATE I (APR 2002)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237110.
(2) The small business size standard is $23,000,000.00.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.
(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern.
(4) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.
(5) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.
(6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, as part of its offer, that--
(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and
(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: ____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.
(7) (Complete if offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.) The offeror shall check the category in which its ownership falls:
( ) Black American.
( ) Hispanic American.
( ) Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
( ) Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
( ) Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
( ) Individual/concern, other than one of the preceding.
(c) Definitions. As used in this provision--
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
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 paragraph (a) of this provision.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small business concern means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
(d) Notice.
(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment; and
(iii) Be ineligible for participation in programs conducted under the authority of the Act.
(End of provision)
52.219-19 SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM (OCT 2000)
(a) Definition.
"Emerging small business" as used in this solicitation, means a small business concern whose size is no greater than 50 percent of the numerical size standard applicable to the North American Industry Classification System (NAICS) code assigned to a contracting opportunity.
(b) [Complete only if the Offeror has represented itself under the provision at 52.219-1 as a small business concern under the size standards of this solicitation.] The Offeror [ ] is, [ ] is not an emerging small business.
(c) (Complete only if the Offeror is a small business or an emerging small business, indicating its size range.)
Offeror's number of employees for the past 12 months (check this column if size standard stated in solicitation is expressed in terms of number of employees) or Offeror's average annual gross revenue for the last 3 fiscal years (check this column if size standard stated in solicitation is expressed in terms of annual receipts). (Check one of the following.)
No. of Employees Avg. Annual Gross Revenues
____ 50 or fewer ____ $1 million or less
____ 51 - 100 ____ $1,000,001 - $2 million
____ 101 - 250 ____ $2,000,001 - $3.5 million
____ 251 - 500 ____ $3,500,001 - $5 million
____ 501 - 750 ____ $5,000,001 - $10 million
____ 751 - 1,000 ____ $10,000,001 - $17 million
____ Over 1,000 ____ Over $17 million
(End of provision)
52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
The offeror represents that --
(a) [ ] It has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;
(b) [ ] It has, [ ] has not, filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
(End of provision)
52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
The offeror represents that
(a) [ ] it has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or
(b) [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(End of provision)
52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (OCT 2000)
(a) Submission of this certification is a prerequisite for making or entering into this contract imposed by Executive Order 12969, August 8, 1995.
(b) By signing this offer, the offeror certifies that--
(1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or
(2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: (Check each block that is applicable.)
[ ] (i) The facility does not manufacture, process or otherwise use any toxic chemicals listed under section 313(c) of EPCRA, 42 U.S.C. 11023(c);
[ ] (ii) The facility does not have 10 or more full-time employees as specified in section 313.(b)(1)(A) of EPCRA 42 U.S.C. 11023(b)(1)(A);
[ ] (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA);
[ ] (iv) The facility does not fall within Standard Industrial Classification Code (SIC) major groups 20 through 39 or their corresponding North American Industry Classification System (NAICS) sectors 31 through 33; or
[ ] (v) The facility is not located within any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands, or any other territory or possession over which the United States has jurisdiction.
252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)
(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the Transportation of Supplies by Sea clause of this solicitation.
(b) Representation. The Offeror represents that it:
____ (1) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.
____ (2) Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.
(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.
(End of provision)
SECTION L Instructions, Conditions and Notices to Bidders
CLAUSES INCORPORATED BY REFERENCE:
|52.204-6 |Data Universal Numbering System (DUNS) Number |JUN 1999 | |
|52.214-34 |Submission Of Offers In The English Language |APR 1991 | |
|52.214-35 |Submission Of Offers In U.S. Currency |APR 1991 | |
|52.215-1 |Instructions to Offerors--Competitive Acquisition |MAY 2001 | |
|52.232-28 |Invitation to Propose Performance-Based Payments |MAR 2000 | |
|52.252-1 |Solicitation Provisions Incorporated By Reference |FEB 1998 | |
|252.204-7001 |Commercial And Government Entity (CAGE) Code Reporting |AUG 1999 | |
CLAUSES INCORPORATED BY FULL TEXT
PROPOSAL PREPARATION INSTRUCTIONS:
1. General: These instructions prescribe the format of the proposal and describe an approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information and to provide for the understanding and comprehensive evaluation of proposals. Carefully review this section and its relationship to Section M prior to commencing proposal preparation. All solicitation amendments must be acknowledged in accordance with Section L, FAR 52.215-1, Instructions to Offerors—Competitive Acquisition.
1.1. The Offeror’s proposal shall consist of two (2) separately bound volumes. Volume I: Original and one copy; Volume II: Original and three copies must be completed and returned to the 1st Contracting Squadron, 74 Nealy Avenue, Langley AFB, VA 23665 by the exact time set for receipt of proposals. The packaging used in submitting your proposal must be plainly marked with the solicitation number and the date and local time set forth for receipt of proposals in the solicitation document. NOTICE: Volume’s I and II are both due as stated on the SF 1442, Block 13a. Failure to submit either volume by the date and time specified will render the proposal late.
1.2. Offerors shall include in Volume I the completed SF 1442 and solicitation sections B, G, I, K. The offeror’s is to provide their Financial Institution to include name, address, phone number, point of contact and job title. Complete the Offeror’s section of the SF 1442 (blocks 14 thru 20c, as applicable). An official having the authority to contractually bind your company must sign the SF 1442 in accordance with the procedures prescribed in FAR 4.102. One copy of the solicitation must bear an original signature. In section B, provide the proposed dollar amount for the line item. For Sections G complete Contractor’s contract Administration information, Section I complete FAR Clause 52.219-4 and for Section K, complete all required certifications and representations. If a paragraph does not apply, please insert “N/A”. In addition, Volume I should include explanation of unique/innovative approaches and identification of any subcontracting approach. Large Businesses will include the Subcontracting Plan in this volume. Also, the offeror should identify and explain any exceptions or deviations applicable to the RFP. Any assumptions used in the proposal preparation should be identified.
1.2.1. Price information: Offerors shall provide all price information necessary to provide a meaningful basis for the Government’s analysis and evaluation of price for the project as set forth in Section M of this solicitation. The Government is not requesting certified cost or pricing data. However, offerors shall include in their proposal sufficient price information that will enable the Government to perform price analysis in accordance with Section M. The price information shall be submitted in typed format for legibility. The offeror shall also provide a brief explanation of the work to be performed by each subcontractor (as applicable).
1.2.2. Offeror’s shall include in Volume II the Past/Present Performance information. This volume is limited to a maximum of 20 pages; these pages maybe double sided copies. A page is defined as one face of a sheet of paper containing information. Page size shall be 8 ½ x 11 inches. Font size shall be a minimum of 10 pitch. Pages in excess of the maximum limit shall be removed from the proposal and will not be evaluated for award.
1.2.3. Relevant Past/Present Performance History:
1.2.3.1. When addressing Past/Present Performance evaluation criteria set forth in Section M of the solicitation, the offeror shall forward a copy of the questionnaire (Atch 5) to a maximum of six and a minimum of three references. The references should reflect Federal, State or Local Government organizations for whom the offeror has contracted for similar construction projects during the past 3 years from the date of the issuance of this solicitation. If the offeror cannot provide Government references, the offeror shall provide references from private industry sources that are not prohibited from furnishing information to the Government. Prior to forwarding the questionnaire to each reference, the offeror should complete the Contract Information section. In selecting references, the offerors should consider the currency and relevancy of the past performance (Ref: Section M). In determining relevancy to the solicitation requirement, offerors, should make every effort to submit references in which similar construction methods and complexities were employed for Water Tower Demolition and Installation. Note: Offerors are responsible for ensuring that their referenced sources receive the questionnaire in time to complete and return the package to this office within the established timeframe.
1.2.3.2. In addition, each major subcontractor (those subcontractor performing critical elements, or whose efforts on the acquisition is projected to be 25% or more of the value of work), shall also provide the past performance questionnaire from a minimum of three (3) and a maximum of six (6) references. The Government will discuss past performance information only with the offeror (prime or subcontractor) that is being reviewed. The prime contractor must submit with their proposal a subcontractor’s consent from provided Attachment 6.
1.2.3.3. Submit information on contracts that you consider relevant in demonstrating your ability to perform the proposed effort. Include rational supporting your assertion of relevance. Offerors are required to explain what aspects of the contract are deemed relevant to the proposed effort and to what aspect of the proposed effort they relate. This may include a discussion of effort accomplished by the offeror to resolve problems encountered on prior contracts as will as past efforts to identity and manage program risk. In assessing relevance, the government will evaluate the offeror’s present/past performance in which similar construction methods, scope complexity and dollar magnitude were employed for water tower demolition and installation.
1.2.3.3.1. Offerors shall submit with their proposal (Volume II), a Reference List identifying all private businesses and Federal, State or Local Government agencies for whom the offeror has performed a contract during the past three years preceding the solicitation issue date. If an offeror has more than 15 contracts during the 3-year period, then identify only the most recent 15 contracts that are relevant. For each reference on the list, identify the following:
Organization Name/Address Telephone and FAX Number Point of Contact
Contract Number Contract Type Project Title
Period of Performance Dollar Value of Contract Brief Description of Work
Offerors may include with their proposal, information on problems encountered on the identified contracts and results of action taken to correct the problem. The Government will consider this information as well as information obtained from other sources during the evaluation process.
1.2.3.3.2. The cover letter you include with Attachment 5 should request your reference to complete the questionnaire and mail to 1st Contracting Squadron, 74 Nealy Avenue, Langley AFB, VA 23665-2088, ATTN: Delores Powell or fax to (757)764-4071 not later than the proposal due date. Offerors are responsible for ensuring that their reference sources receive the questionnaires in sufficient time to complete and require the questionnaire to 1st Contracting Squadron not later than the proposal due date.
1.2.3.3.3. Effectiveness of Value Engineering change (VEC) proposals. (Provide a brief description, impact on cost/schedule, efficiency or quality, contract number, name and phone number of customer benefiting from the VEC.)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.
(End of clause)
52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2002)
(a) Definitions. 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 Act--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 Act 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 Act 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. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, 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 Standard Form 1442 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.
(End of provision)
52.233-2 SERVICE OF PROTEST (AUG 1996)
(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 General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from 1st Contracting Squadron/LGCA, 74 Nealy Ave., Langley AFB, VA 23665-2088
(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) (FEB 1995) – ALTERNATE I (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--9:00 a.m. local time on 25 June 2003. Please notify Ms. Delores Powell via e-mail at delores.powell@langley.af.mil with copy to Ms. Winona Sewell Hall at winona.sewell-hall@langley.af.mil listing the names of attendees. This notification shall be submitted prior to noon on 26 March 2003, to include individual attendees’ in order for this office to arrange for base passes.
(c) Participants will meet at 1st Contracting Squadron, 74 Nealy Avenue (Building 90) Langley AFB, VA 23665
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(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 DFAR (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
SECTION M Evaluation Factors for Award
Evaluation Factors for Award (IAW FAR 15.204-5(c))
For the purposes of award, offerors will be evaluated through a Price/Performance Trade-off (PPT) process, based on the following criteria:
1. Introduction: This is a best value, single award acquisition. The Government intends to award one contract to the offeror deemed responsible in accordance with Federal Acquisition Regulation (FAR), whose proposal conforms to the solicitation requirements and is judged to represent the best value to the Government. The best value is the most advantageous offer, price and other factors considered and consistent with the Government’s stated importance of evaluation criteria. Past/Present Performance shall be significantly more important that price. The Government’s stated order of importance is Past Performance, Price and Other Consideration (Subcontracting Plan). Current performance may have greater impact than older performance. This may result in award being made to a higher-rated, higher priced offeror where the Contracting Officer determines that an offeror’s past/present performance of a higher-priced offeror outweighs the price difference. To arrive at a best value decision, the Contracting Officer will integrate the evaluation of Past Performance. While the Government will strive for maximum objectivity, the evaluation process, by its nature, is subjective and therefore, professional judgment is implicit throughout the entire evaluation process. Please note that the Subcontracting Plan required from large businesses will be rated on a pass/fail basis for compliance with FAR 52.219-9 Alt II.
1.1. The Government intends to rank the offers according to price. When applicable, the price evaluation preference will be applied in accordance of FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns and 52.219-23 to arrive at an evaluated price.
1.2. If the lowest price evaluated offer is judged to have an exceptional performance confidence rating, that offer represents the best value for the Government and the evaluation process stops at this point. Award shall be made to the offeror without further consideration of any other offers.
1.3. 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/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, then proposals may be limited to the greatest number that will permit an efficient competition among the most highly rated proposals.
1.4. The Government reserves the right to reject any or all offers if such action is in the Government’s best interests.
1.5. Offerors are cautioned to submit sufficient information and in the format specified in Section L. Offeror’s may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Clarifications conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for a proposal revision. The Government reserves the right to look into all or a portion of the offerors contract references for performance history.
1.6. Past/Present performance information is proprietary source selection information. However, see Section L for information concerning prime/subcontractor submission requirements for past performance.
2. Past/Present Performance Evaluation: Based on evaluation results, the Government will assign one of the six performance confidence ratings (as defined below) for each proposal. The Past/Present Performance Evaluation will be accomplished by reviewing aspects of an offeror’s relevant past/resent performance. The evaluation will focus on the following Past/Present Performance consideration:
a. Contractor Responsiveness
b. Quality Control and Workmanship
c. Customer Satisfaction
d. Contractor Management
e. Compliance with Environmental/Safety and Security Requirements
f. Contractual Obligations
2.1. The following adjectives and related definitions will be used in the evaluation of Past/Present performance:
Rating Definition
Exceptional/High Confidence Based on the offeror’s performance record, essentially no doubt exists that the offeror will successfully perform the required effort.
Very Good/Significant Confidence Based on the offeror’s performance record, little doubt exists that the offeror will successfully perform the required effort.
Satisfactory/Confidence Based on the offeror’s performance record, some doubt exists that the
offeror will successfully perform the required effort.
Neutral/Unknown Confidence No performance record identifiable (see FAR 15.305(a)(2)(iii) and (iv)).
Marginal/Little Confidence Based on the offeror’s performance record, substantial doubt exists that the offeror will successfully perform the required effort. Changes to the offeror’s existing processes may be necessary in order to achieve contract requirements.
Unsatisfactory/No Confidence Based on the offeror’s performance record, extreme doubt exists that the offeror will successfully perform the required effort.
2.2. In assessing performance confidence, the evaluator may:
2.2.1. Evaluate present and past performance information through the use of questionnaires completed by an offeror’s reference.
2.2.2. In the case of an Offeror without a record of past performance or for whom information on past performance is not available, the Offeror will not be evaluated favorable or unfavorable on past performance.
2.2.3. Use data independently obtained from other sources.
2.2.4. Rely upon personal business experience with the offeror.
2.2.5. Consider any information the offeror submits which explains any problems encountered on the identified contracts and the offeror’s corrective actions.
2.3. The evaluation may take into account past/present 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 acquisition. The evaluation will also consider information provided relative to corrective actions take to resolve problems on past or exiting contracts.
2.3.1. In accordance with FAR 15.306(a)(2) and (b)(4), if adverse performance information is provided to the Government and the offeror has not previously had the opportunity to comment on the findings, then the offeror will be notified and provided an opportunity to comment. For the purpose of this evaluation, adverse past performance information, is defined as any rating below satisfactory. The final determination of past performance rating shall rest with the Contracting Officer.
2.4. Currency, Relevancy Trends: The Government will consider the currency, relevancy and trends of performance information while conducting its performance evaluation. For the purpose of this solicitation, currency is performance occurring within the last three years for the period preceding the solicitation issue date. Within this period, performance occurring later in the period may have greater significance than work occurring earlier in the period. For example, performance information for work occurring during December 2002 may have greater importance than performance information for work occurring during December 2001. In assessing relevancy, the Government may evaluate an offeror’s reference for similarity of the construction methods and complexities for Water Tower demolition and installation provided and scope of work involved. Performance trends may –depending upon the circumstances—have greater significance than sporadic incidents of “exceptional” or “unsatisfactory” performance.
2.5. The Government reserves the right to obtain and evaluate performance information from any source it deems appropriate.
3. Price Analysis: Price analysis techniques as described below in accordance with FAR 15.404-1(b) shall be used to evaluate the proposed price.
3.1. Price analysis is the process of examining and evaluating a proposed price without evaluating its separate cost elements and proposed profit.
3.2. The Government may use various price analysis techniques and procedures to ensure a fair and reasonable price. Examples of such techniques include, but are not limited to the following:
3.2.1. Comparison of proposed prices received in response to the solicitation. Normally, adequate price competition established price reasonableness (see 15.403-1(c)(1)).
3.2.2. Comparison of previously proposed prices and previous Government and commercial contract prices with current proposed prices for the same or similar items, if both the validity of the comparison and the reasonableness of the previous price(s) can be established.
3.2.3. Use of parametric estimating methods/application of rough yardsticks (such as dollars per pound or per horsepower, or other units) to highlight significant inconsistencies that warrant additional pricing inquiry.
3.2.4. Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements.
3.2.5. Comparison of proposed prices with independent Government cost estimates.
3.2.6. Comparison of proposed prices with prices obtained through market research for the same or similar items.
3.2.7. Analysis of pricing information provided by the offeror.
3.3. The first two techniques are the preferred techniques. However, if the contracting officer determines that information on competitive proposed prices or previous contract prices is not available, or is insufficient to determine that the price is fair and reasonable, the contracting officer may use any of the remaining techniques as appropriate to the circumstances applicable to the acquisition.
3.4. Value analysis can give insight into the relative worth of a product and the Government may use it in conjunction with the price analysis techniques listed above.
NOTICE OF AWARD: A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
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