ML20237D988
| ML20237D988 | |
| Person / Time | |
|---|---|
| Issue date: | 08/26/1998 |
| From: | Webber R NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | NRC OFFICE OF ADMINISTRATION (ADM) |
| References | |
| NUDOCS 9808280103 | |
| Download: ML20237D988 (63) | |
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2 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001
- % ,..* AUG 2 61998
SUBJECT:
INVITATION FOR BIDS NO. RS-ADM-98-150 ENTITLED, "ONE WHITE FLINT NORTH LOBBY EXTENSION" ,
BlDDERS: !
The U.S. Nuclear Regulatory Commission is soliciting bids for the project entitled above.
Contract Drawings and Specifications will be distributed at a Pre-Bid Conference to be held at 2:00 p.m. on September 1,1998. The conference will be held at 11545 Rockville Pike, Rockville, Maryland.
This requirement is a 100% Small Business Set-Aside. Bids are being solicited only j i
from business concems that qualify as a small business under Standard industrial Classification code 1542. l If you have questions conceming the requirements of this solicitation, please contact the undersigned at (301) 415-6736. ,
Sincerely, l
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Robert B. Webber, Contracting Officer l Division of Contracts and Property j Management Office of Administration
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9908290103 990826 PDR ORG hEAC
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Page 1 08/25/98 BIDDER'S MAILING LIST FOR SOLICITATION NUMBER: RS-ADM-98-150 COMPANY PHONE / FAX (Large Busineses are Identified with an Asterisk)
ADVANCED CONSTRUCTION TECH. INC., 703-750-2034 AMAR LOOI 703-750-2036 4304 EVERGREEN LANE ANNANDALE, VA 22003 i ALPH MECHANICAL INC. 301-350-6407 JANE DINTAMAN 301-350-8507 j 8803 WALKER MILL ROAD CAPITOL HEIGHTS, MD 20743 ASSOCIATED BUILDERS, INC. 301-864-5300 ED FOMIT2A 301-277-7542 4a^^, BALTIMORE AVENUE HYATTSVILLE, MD 20781 AXES CORPORATION 301-277-1188 BRUNO AMBROSINI 301-277-2324 4700 LAWERANCE STREET HYATTSVILLE, MD 20781 BABU BUILDERS, INC. 301-336-2927 B.S. BABU 301-336-7940 8809 WALKER MILL ROAD t CAPITOL HEIGHTS, MD 20743 I CORNING CONSTRUCTION CORPORATION 301-937-5130 JOHN T. MENOCAL 301-937-1318 1010 L BACON DRIVE BELTSVILLE, MD 20705 l l
DUNN ELFOTRIC COMPANY INC 540-898-3854 TERRY FAtVEY 540-898-0434 i
123 FLEMING 6TREET FREDERICKSBURG, VA 22408 E N B LTD, GENERAL CONTRACTING CO. 301-530-1175 ATTN. CONTRACT MANAGER 301-530-4981 P.O. BOX 7368 SILVER SPRING, MD 20907 l
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Page 2 08/25/98 BIDDER'S MAILING LIST FOR SOLICITATION NUMBER: RS-ADM-98-150
~~ COMPANY PHONE / FAX (Large Busineses are Identified with an Asterisk)
ELITE DEVELOPMENT, INC., 703-321-7977 NADIR HANNA 703-321-7978 5240 PORT ROYAL RD.
SPRINGFIELD, VA 22151 KOBANE, INC.
202-863-0200 DANIEL McDOUGAL 202-863-2202 41 P. STREET, S.E.
WASHINGTON, DC 20003 MAC 301-774-7873 JOHN G. MAROULIS 301-774-2603 i
17900 CASHELL ROAD ROCKVILLE, MD 20853 MASS,.INC. 301-309-2066 MIKE ZEKRI 301-309-2327
-326-B NORTH STONESTREET AVE ROCKVILLE, MD 20850 MICON CORPORATION 703-780-5623 CONTRACT MANAGER NONE P.O. BOX 15240-ALEXANDRIA, VA 22308 PACKARD CONSTRUCTION CORP. 703-550-5097 KAREN BLAZ 703-550-0018 BOX 305 7911 KINCANNON PLACE-NEWINGTON, VA 22122 PAGLIARO BROTHERS STONE CO., INC. 301-350-8600 KAREN CORLEY 310-499-2734 9310 D'ARCY ROAD UPPER MARLBORO,.MD 20772 POTOMAC INTERIOR CONSTRUCTION INC 301-261-3181 CATHERINE 301-261-0850 2131 ESPEY COURT SUITE #5 CROFTON, MD 21114 2
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Page 3 08/25/98 BIDDER'S MAILING LIST FOR SOLICITATION NUMBER: RS-ADM-98-150 COMPANY PHONE / FAX (Large Busineses are Identified with an Asterisk)
POTPMAC INTERIOR CONSTRUCTION, INC, 301-261-3181 JIM THOMPSON 301-261-0850 2131 ESPEY COURT SUITE #5 CROFTON, MD 21114 PREMIER CONSTRUCTION 410-827-5338 STEVE C HALL 410-827-0501 113 RIVER RUN QUEENSTOWN, MD 21658 SANTOSH INC. 301-345-2300 NAVIN CHITALIA 301-345-2301 5111 BERWYB ROAD SUITE 208 COLLEGE PARK, MD 20740 SHOEMAKER BROS. INC., 301-662-3903 JOHN CURLIS 301-694-8264 4570 MACK AVENUE FREDERICK, MD 21703 SMS 703-418-3500 SIMON AULAKH 703-418-3530 607 SOUTH BALL STREET ARLINGTON, VA 22202 SUMTER CONTRACTING CORP., 703-323-7210 ANITA BUROKER 703-425-7987 9667 - A MAIN STREET FAIRFAX, VA 22031 T J CONSTRUCTION, INC., 703-764-5930 PAULA M. FOURNIER 703-764-5939 7175 SCENIC CREEK PLACE P.O. BOX 355 FAIRFAX STATION, VA 22039 TAYLOR BRYCE CONSTRUCTION 301-593-5955 KRISTINA GREENO 301-593-8588 815 FOREST GLEN ROAD l SILVER SPRING, MD 20901 l
i Page 4 08/25/98 BIDDER'S MAILING LIST FOR SOLICITATION NUMBER: RS-ADM-98-150 COMPANY PHONE / FAX (Large Busineses are Identified with an Asterisk)
TUCKMAN-BARBEE CONSTRUCTION CO., 301-390-1700 TODD MARGOLIS 301-390-1705 16000 TRADE ZONE AVENUE SUITE # 102 UPPER MARLBORO, MD 20772 i
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u_______________.__.__________.__
NOTICE: Totd SET ASIDE for Small Business Concems SOUC'TATION, OFI'ER * * * ' " " * " "*
A'r". AWARD RS ADM-98-150 X 8/26/98 1 / 57 (Construction, diteration, or Repair)
NEGOTIATED (RFP)
IMPORTANT - The ' offer' section on the reverse must be fully compseted by offeror.
G CONTRACT NO. s. REoutsmONPURCHASE REQUEST NO. 6. PROJECT NO.
- 7. IssutD BY CODE 8. ADDRESS OFFER TO U.S. Nuclear Regulatory Commission SAME AS ITEM 7 Division of Contracts and Property Mgt.
Attn: T-7-1-2 Contract Management Branch No.1 Washington DC 20555
- 9. FOR INFORMATION A.NAME B. TELEPHONE NO. linclude area codel (NO COLLECT CALLS)
CALL: ROBERT B. WEBBER (301) 415-6736 SOUCITATION NOTE: In sealed bid solicitations ' offer' and ' offeror' mean ' bid" and " bidder".
- 10. THE 00VEMNMENT REQUIRES PERFORMANCE oF THE WORK DEsCRSED IN THEsE DOCUMENTS mile, identifying no., detel:
BO WHITE FLINT NORTH LOBBY EXTENSION
- 11. The Contractor shall begin performance within 5 calendar days and complete it within 90 calendar days after receiving award, h notice to proceed. This performance period is h mandatory, negotiable. (See .)
12A.THE COpmW' tor MuST FURNtSH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS 7 (if 'YES.* bdicate wettun how many 128. CALENDAR DAYS calender days after award in item 12SJ X YES NO 5
- 13. ADDrTIoNAL sOLICrfATION REQUIREMENTS:
A. Sealed offers in original and 2 copies to perform the work required are due at the place specified in item 8 by 9 90 o en (hour)localtime 9/25/98 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.
! B. An offer guarantee is, x is not required.
1 C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
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NsN 7s44o11ss-3212 STANDARD FORM 1442 (REY. 4-85)
Prescribed by GSA FAR les CFR) s2.23s-11el L__. __ _ . _ _ _ . _ _ _ i
1 C FFER (Must be fury completed by rfferor)
- 14. NAME AND ADDRESS OF OFFEROR (/ndM Z/P Codel 15. TELEPHONE NO. (/nclude eres codel
- 16. REMITTANCE ADDRESS (include onlyit driferent than item 14)
CODE FACILITY CODE
- 17. The offeror agrees to perform the work required at the prices spec 4fied below in strict accordance with the terms of the solicitation, if tNs offer is accepted by the Government in writing witNn calender days after the date otters are due. Ilnsert any number egust to or grooter than the minimum requirement statedin item 130. Foolure to insert any number sneens the offeror accepts the minimum in item 13D.) 1 l
AMOUNTS k l
- 18. The offeror agrees to furnish any required performance and payment bonds.
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- 19. ACKNOWLEDGMENT OF AMENDMENTS (The offeror acknowle@es receipt of amendrnents to the solicitation give number and dote of each)
AMENDMENT NO.
DATE 20A. NAME AND TITLE OF PERSON AUThDRIZED TO SIGN OFFER 208. SIGNATURE (Type orprint) 20C. OFFER DATE AWARD (To be completed by Govemment)
- 21. ITEMS ACCEPTED:
- 22. AMOUNT
- 23. ACCOUNTING AND APPROPRIATION DATA
- 24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM (4 copies ser/ess otherwise specified) 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO V 10 U.S.C. 2304(c){ } 41 U.S.C. 263(c) ( )
- 26. ADMINISTERED BY CODE l 27. PAYMENT WILL BE MADE BY l CONTRACTING OFFICER WILL COMPLETEITEM 28 OR 29 AS APPLICABLE
- 28. NEGOTIATED AGREEMENT (Contractors required to sign this D 29. AWARD (Contractors not required to sign this document.) Your document and return copies to issuing office.) Contractor agrees offer on this solicitation, is hereby accepted as to the items listed. This l t3 fumish and deliver all items or perform all work, requisitions identified on this form and any cormnuation sheets for the consideration stated in award consummates the contract. which consists of (a) the Covemment solicitation and your offer, and (b) this contract award. No further cont.
this contract. The rights and obligations of the parties to this contract rectual document is necessary, shall be govemed by (a) tNs contract award, (b) the solicitation, and (c) the clauses reprosonations, certification, and specifications or incorporated by reference in or attached to this contract.
l 30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31 A. NAME OF CONTRACTING OFFICER (Type orprint)
TO SIGN (Type orprint) 308. SIGNATURE 30C.DATE 318. UNITED STATES OF AMERICA 31C. AWARD DATE BY sTAfeoAfD PonM 1442 BACK l lev. 4-sW 4
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PART I'- THE SCHEDULE.
. . . . . . . . . . - - - - - - - * - - - - - -
- 1 SECTION A'- SOLICITATION / CONTRACT FORM .
SF 1442 SOLICITATION, OFFER, AND AWARD. . . . . . . . . . . . . . . . 1 (Construction, Alteration, or Repair) . . . . . . . . . . . . . . . 1 l
SECTION B - SUPPLIES OR SERVICES _AND PRICE / COSTS . . . . . . . . . . . . 6 B.1 PROJECT TITLE . . . . . . . . . . . . . . . . . . . . . . . . . 6 B.2 BRIEF DESCRIPTION OF WORK (MAR 1987). . . . . . . . . . . . . .
B.3- 6 B.4 PRICECONSIDERATION SCHEDULE. .AND OBLIGATION--FIRM FIXED PRICE (JUN 1988) . . . 6
. . . . . . . . . . . . . . . . . . . . . . . . 6 SECTION C - DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK . . . . . . . . 7 l SECTION D - PACKAGING AND MARKING. . . . . . . . . . . . . . . . . . . . 8 D.1 PACKAGING AND MARKING (MAR 1987). . . . . . . . . . . . . . . .
8 SECTION E - INSPECTION AND ACCEPTANCE. . . . . . . . . . . . . . . . . . 9 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
'E.2
. . . 9 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) . . . . . . . . . 9 I
SECTION F - DELIVERIES OR PERFORMANCE. . . . . . . . . . . . . . . . . . . 10 F.1 I NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . 10 j F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF . . . .
WORK (APR 1984) ALTERNATE I (APR 1984) 10 F.3 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (APR 1984) . . . .
F.4 10 DURATION OF CONTRACT PERIOD (MAR 1987). . . . . . . . . . . . . 11 SECTION G -' CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . . . . 12 G.1 ELECTRONIC PAYMENT. . . . . . . . . . . . . . . . . . . . . . . 12 SECTION H -'SPECIAL CONTRACT REQUIREMENTS. . . . . . . . . . . . . . . . 13 H.1 2052.204-71 SITE ACCESS BADGE REQUIREMENT. . . . . . . . . . . 13 H.2 SITE ACCESS BADGE PROCEDURES (FEB 1995) . . . . . . . . . . . . 13 H.3 NOTICE OF REQUIRED PERFORMANCE SECURITY . . . . . . . . . . . . 14 H.4 NOTICE OF REQUIRED PAYMENT SECURITY . . . . . . . . . . . . . . 14 H.5 MINIMUM INSURANCE COVERAGE. . . . . . . . . . . . . . . . . . . 15 H.6 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED . . . . 15 (JUN 1988)
H7 SEAT BELTS. . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART II - CONTRACT CLAUSES. . . . . . . . . . . . . . . . . . . . . . . 17 SECTION I -
CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . . . 17 I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . 17 I.2 52.228-14 IRREVOCABLE LETTER OF CREDIT (OCT 1997). . . . . . . 19
.I.3 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS. . . . . . 23 (JUN 1997) -
I.4 52.236-21 SPECIFICATIONS AND DRAWINGS FOR. . . . . . . . . . . 32 CONSTRUCTION (FEB 1997)
$ I.5 52.236-27 SITE VISIT (Construction) (FEB 1995). . . . . . . 33 I.6 '52.246-21 WARRANTY'OF CONSTRUCTION (APR 1984) . . . . . . . . 34 I.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) . . . . 35 t
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TABLE OF CONTENTS PAGE PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS . . . . . . 36 SECTION J LIST OF ATTACHMENTS. . . . . . . . . . . . . . . . . . . . . 36 PART IV -
REPRESENTATIONS AND INSTRUCTIONS . . . . . . . . . . . . . . 37 SECTION K - REPRESENTATIONS, CERTIFICATIONS AND . . . . . . . . . . . . 37 OTHER STATEMENTS OF OFFERORS K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . . 37 BY REFERENCE K.2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE. . . . . . . . . . .
37 DETERMINATION (APR 1985)
K.3 52.203-8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS. . . .
38 FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)
K.4 52.204-3 TAXPAYER IDENTIFICATION (JUN 1997) . . . . . . . . .
K.5 39 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,. . . .
40 PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996)
K.6 52.214-2 TYPE OF BUSINESS ORGANIZATION--SEALED BIDDING . . . . 42 (JUL 1987)
K.7 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. . . . . . . . 42 (Fe.B 1998)
K.8 52.219-2 EQUAL LOW BIDS (OCT 1995). . . . . . . . . . . . . .
K.9 44 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. . . . . . 44 (APR 1984)
K.10 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984)
K.11 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE. . . .
. . . . 45
. . . 45 REPORTING (OCT 1996)
K.12 52.225-1 BUY AMERICAN CERTIFICATE (DEC 1989) . . . . . . . . .
K.13 46 2052.209-70 QUALIFICATIONS OF CONTRACT EMPLOYEES . . . . . . . 46 K.14 2052.209-71 CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT . . . . 47 SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS. . . . . . 48 L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . . 48 BY REFERENCE L.2 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER . . . . 48 {
(APR 1998)
L3 52.216-1 TYPE OF CONTRACT {
(APR 1984). . . . . . . . . . . . . 49 i L.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION . . . . 49 !
TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (APR 1984)
L.5 52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- . . . . . . 50 j CONSTRUCTION MATERIALS (MAY 1997) i L.6 52.233-2 SERVICE OF PROTEST (AUG 1996). . . . . . . . . . . . 51 l L.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY . . . . . . . 52 '
REFERENCE (FEB 1998)
L.8 2052.214-73 TIMELY RECEIPT OF BIDS . . . . . . . . . . . . . . 52 L.9 2052.214-74 DISPOSITION OF BIDS. . . . . . . . . . . . . . . . 53 L.10 2052.222-70 NONDISCRIMINATION BECAUSE OF AGE . . . . . . . . . 53 i L.11 LOCATION OF BID OPENING (MAR 1987). . . . . . . . . . . . . . . 53 L.12 ABSTRACT OF BIDS (MAR 1987) . . . . . . . . . . . . . . . . . . 53 L.13 ESTIMATED DURATION (JUN 1988) . . . . . . . . . . . . . . . . . 54 L.14 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC. . . . . . . . 54 PAYMENT / REMITTANCE ADDRESS SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . . . . . . . . 55 f 1
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TABLE OF CONTENTS -PAGE
.M.1- 2052.'214-71 BIDDER QUALIFICATIONS AND PAST EXPERIENCES . . . .
- M.2- 2052.214-72 55 BID EVALUATION . . . ,. . . . . . . . . . . . . . . 56 1
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RS-ADM-98-150 Section B PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS 8.1 PROJECT TITLE-The title of this project is as follows:
NRC ONE WHITE FLINT NORTH LOBBY EXTENSION B.2 BRIEF DESCRIPTION 0F WORK (MAR 1987) {
i The contractor shall extend the existing lobby for energy efficiency cnd improved environmental control at the front entrance of NRC's One White Flint North building. The contractor shall perform this work in accordance with the drawings and specifications listed in.
Section J.
B.3 CONSIDERATION AND OBLIGATION--FIRN FIXED PRICE.(JUN 1988)
The firm fixed price of this contract is .
B.4 PRICE SCHEDULE ITEM DESCRIPTION QUANTITY UNIT PRICE
- 1. ENTRANCE EXTENSION 1 JOB $
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RS-ADM-98-150 Section C SECTION C - DESCRIPTION / SPECIFICATIONS /STATENENT OF WORK j.
l C.1- STATEMENT OF WORK l Briefly, and without force and effect upon contract documents, the work of this contract can be summarized as follows:
The contractor shall extend the existing One. White Flint North lobby i
for energy efficiency and improved environmental control at the front entrance. All work shall be performed in accordance with the drawings and specifications listed in Section J.
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RS-ADM-98-150 Section D E CTION D - PACKAGING AND NARKING D.I PACKAGING AND NARKING (MAR 1987)
The contractor shall package material for shipment to the NRC in cuch a manner that will ensure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation. On the front of the package, the contractor shall clearly identify the contract number under which !
the product is being provided.
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RS-ADM-98-150 Section E SECTION E - INSPECTION AND ACCEPTANCE E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. FAR 52.252-2 full text of a clause.
contains the internet address for electronic access to the NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) l
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52.246-12 INSPECTION OF CONSTRUCTION AUG 1996 E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)
In pection and acceptance of the deliverable items to be furnished hereunder chall be made by the Project Officer at the destination.
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RS-ADM-98-150 Section F SECTION F - DELIVERIES OR PERFORMANCE F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. FAR 52.252-2 full text contains the internet address for electronic access to the of a clause.
NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.242-14 SUSPENSION OF WORK APR 1984 F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 5 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 December 30, 1998. The time stated for completion shall include final cleanup of the premises.
The completion date is based on the assumption that the successful offeror will receive the notice to proceed by September 30, 1998.
The completion date will be extended by the number of calendar days after the except proceed, above date to thethat the Contractor extent receives that the delay the notice in issuance to of the notice to proceed results from the failure of the contractor to executewithin bonds the contract andspecified the time give the required performance and payment in the offer.
F.3 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (APR 1984)
(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay eachtoday theofGovernment delay. as liquidated damages, the sum of $350.00 for (b) If the Government terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion Page 10 of 57
4 RS-ADM-98-150 Section F
- of tha work togsther with cny incrsassd costo occasionsd the Government in completing the work.
(c) If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted.
F.4 DURATION OF CONTRACT PERIOD (MAR 1987)
This contract shall commence on and will expire .
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RS-ADM-98-150 Section G SECTION G - CONTRACT ADMINISTRATION DATA G.1 ELECTRONIC PAYNENT The Debt Collection Improvement Act of 1996 requires that all payments Transfer.
except IRS tax refunds be made by Electronic Funds It is the policy of the Nuclear Regulatory Commission to pay vendors by the Automated Clearing House (ACH) electronic funds transfer payment system. The electronic system is known as Vendor Express.
Payment shall be made in accordance with FAR 52.232-33, cntitled Payment".
" Mandatory Information for Electronic Funds Transfer To receive payment, the contractor shall complete the " Company Information" portion of the Standard Form 3881, entitled "ACH k Vendor / Miscellaneous Payment Enrollment Form" found in Section J. '
The contractor financial institutionshallthat takemaintains the form to itsthe ACH Coordinator company's at the bank account.
The contractor shall discuss with the ACH Coordinator how the payment identification information (addendum record) will be passed to them once the payment is received by the financial institution.
To ensure that adequate payment information wi ll be available to the contractor, the contractor should inform the financial institution that the addendum record must not be stripped from the payment.
Further information concerning the addendum is provided at
-Attachment .
The ACN Coordinator'should fill out the "itFinancial Institution Information" portion of the form and return to the Office of the Controller at the following address: Nuclear Regulatory Commission, Division of Accounting and Finance, Financial Operations Section, Mail Stop T-9-H-4, Washington, DC 20555, ATTN:
ACH/ Vendor E g ress. It is the responsibility of the contractor to )
ensure that the financial institution returns the completed form to the above cited NRC address. If the contractor can provide the financial information, signature of the financial institutions ACH (
Coordinator is not required. The NRC is under no obligativ to send reminders. Only after the Office of the controller has processed the contractor's sign-up form will the contractor be eligible to receive payments.
Once electronic funds transfer is established for payments cuthorized by NRC, the contractor needs to submit an additional SF 3881 only to report changes to the information supplied.
Questions concerning ACH/ Vendor Express should be directed to the Financial Operations staff at (301) 415-7520."
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RS-ADM-98-150 Section H 1
SECTION H - SPECIAL CONTRACT REQUIREMENTS l
H.1 2052.204-71 SITE ACCESS BADGE REQUIREMENT During the life of this contract, the rights of ingress and egress for contractor personnel must be made available as required. In this regard, all contractor personnel whose duties under this contract require their presence on-site shall be clearly identifiable by a distinctive badge furnished by the Government. The Project' Officer chall assist the contractor in obtaining the badges for the contractor personnel. It is the sole responsibility of the contractor to ensure that each employee has proper identification at til times. All prescribed identification must be immediately dalivered to the Security Office for cancellation or disposition upon the termination of employment of any contractor personnel.
Contractor personnel must have this identification in their possession during on-site performance under this contract. It is the contractor's duty to assure that contractor personnel enter only those work areas necessary for performance of contract work, and to ccsure the safeguarding of any Government records or data that contractor personnel may come into contact with.
H.2 SITE ACCESS BADGE PROCEDURES (FEB 1995)
The contractor shall ensure that all its employees, including any subcontractor employees and any subsequent new employees who are ecsigned to perform the work herein, are approved by the Government for building access.
Within ten working days after award of a contract, execution of a modification of a contract or proposal of new personnel for contract tcsks, the firm so notified must furnish properly completed security applications for employees. Timely receipt of properly completed recurity applications is a contract requirement. Failure of the contractor to comply with this condition within the ten work-day pariod may be a basis to void the notice of selection. In that cvent, the Government may select another firm for award.
The Government shall have and exercise full and complete control over granting, denying, withholding, or terminating building access rpprovals for individuals performing work under this contract.
Individuals performing work under this contract shall be required to complete and submit to the contractor representative an acceptable Form 176 (Statement of Personal History), and two FD-258 (Fingerprint Charts) at least 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> prior to performing services Ct the NRC. The contractor representative will submit the documents to the Project Officer who will give them to the Division of Sncurity. Since the NRC/ Government approval process takes 45 to 60 d;ys or longer from receipt of acceptable security applications, the I
Page 13 of 57
f RS-ADM-98-150 Section H NRC m:y, cmong other things, grant or deny temporary building access approval to an individual bassd upon its review of the information contained in the GSA Form 176. Also, in the exercise of its cuthority, GSA may among other things, grant or deny permanent building access app,roval based on the results of its investigation cnd adjudication guidelines. This submittal requirement also cpplies to the officers of the firm who, for any reason, may visit j the work sites for an extended period of time during the term of the contract. In the event that NRC and GSA are unable to grant a !
j temporary or permanent building access approval, to any individual performing work under this contract, the contractor is responsible i for assigning another individual to perform the necessary function l without any delay in the contract's performance schedule, or without )
cdverse impact to any other terms or conditions of the contract.
The contractor is responsible for informing those affected by this procedure of the required building access approval process
-temporary and permanent determinations), and the possibility(i.e., that I
individuals may be required to wait until permanent building access cpprovals are granted before beginning work in NRC's buildings.
The contractor will advise the Project Officer, who, in turn, will cdvise the Division of Security, of the termination or dismissal of cny employee cccess approval. who has applied for, or has been granted, NRC building It is the responsibility of the contractor to obtain and return to the Division of Security, any photo-identification or temporary badge of an individual who no longer requires access to NRC space.
H.3 NOTICE OF REQUIRED PERFORMANCE SECURITY If a contract exceeds $25,000, the successful offeror shall furnish security to guarantee faithful performance of the contract in the amount of 100% of the total contract price. Security may be in the form of a performance bond on Standard Form 25 (furnished on request), or in the form of a certified or cashier's check, bank draft, post Office money order, or currency, or United States Government bonds or notes (at par value) deposited in accordance with Treasury Regulations. Money orders and checks shall be drawn payable to: U.S. Nuclear Regulatory Commission, Office of the controller, Division of Accounting.
H.4 NOTICE OF REQUIRED PAYMENT SECURITY If a contract exceeds $25,000, the successful offeror shall furnish security to guarantee payment to all persons supplying labor or materials in the performance of the contract. Such security may ba in the form of a payment bond on Standard Form 25A (furnished on request), or in the form of a certified or cashier's check, bank draft, Post Office money order, or currency, or United States Government bonds or notes (at par value) deposited in accordance
, with Treasury Regulations. Money orders and checks shall be drawn i
pnyable to: U.S. Nuclear Regulatory Commission, Office of the t
Page 14 of 57 l
l 4
6
RS-ADM-98-150
. Section H Controller, Division of Accounting. The psnal sum of the payment bond shall equal 50% of the contract price.
H.S MINIMUM INSURANCE COVERAGE The Contractor shall obtain and maintain insurance coverage as follows for the performance of this contract:
(a) Worker's compensation and employer's liability insurance as required by applicable federal and state worker's compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the cmployer's liability section of the insurance policy, except when contract operations are so commingled with the Contractor's commercial operations that it would not be practical. The ;
employer's liability coverage shall be at lease $100,000, except in l States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.
(b) Comprehensive general (bodil et least $500,000 per occurrence. y injury) liability insurance of (c) Motor vehicle liability insurance written on the comprehensive form of policy which provides for bodily injury and property damage liability covering the operation of all motor vehicles used in j t
connection with performing the contract. Policies covering motor vehicles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.
(d) Comprehensive general and motor vehicle liability policies chall contain a provision worded as follows:
"The insurnace company waives any right of subrogation against the United States of America which may arise by reason of any '
payment under the policy." '
H.6 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUN 1988)
The Government will not provide any equipment / property under this :
contract.
1 1
H.7 SEAT BELTS
{
Contractors, subcontractors, and grantees, are encouraged to adopt l and enforce on-the-job seat belt policies and programs for their Page 15 of 57 s
t
)
__ ___________ _ _ - - - - - -- -- - ~
RS-ADM-98-150 Section H employees when operating company-owned, rented, or personally owned vehicles.
Page 16 of 57 8
4 RS-ADM-98-150 Saction I PART II - CONTRACT CLAUSES SECTION I -
CONTRACT CLAUSES I.1' NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. FAR 52.252-2 contains the internet address for electronic access to the full text of a clause.
NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.202-1 DEFINITIONS OCT 1995 ALTERNATE I (APR 1984) 52.203-3 GRATUITIES APR 1984 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995 THE GOVERNMENT 52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE JUN 1997 CERTAIN FEDERAL TRANSACTIONS 52.204-4 PRINTING / COPYING DOUBLE-SIDED ON JUN 1996 RECYCLED PAPER 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995 WHEN SUBCONTRACTING WITH CONTRACTOR'S DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.214-29 ORDER OF PRECEDENCE--SEALED BIDDING JAN 1986 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUL 1996 52.219-8 UTILIZATION OF SMALL, SMALL JUN 1997 DISADVANTAGED BUSINESS AND WOMEN-OWNED SMALL BUSINESS CONCERNS 52.219-14 LIMITATIONS ON SUBCONTRACTING DEC 1996 52.222-3 CONVICT LABOR AUG 1996 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS JUL 1995 ACT-OVERTIME COMPENSATION 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 FEB 1988 REQUIREMENTS l 52.222-11 SUBCONTRACTS (LABOR STANDARDS) FEB 1988
! 52.222-12 . CONTRACT TERMINATION - DEBARMENT FEB 1988 l 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED FEB 1988 Page 17 of 57
RS-ADM-98-150 Section I ACT REGULATIONS 52.222-14 DISPUTES CONCERNING LADOR STANDARDS 52.222-15 FEB 1988 CERTIFICATION OF ELIGIBILITY FEB 1988 52.222-26 EQUAL OPPORTUNITY 52.222-27 APR 1984 AFFIRMATIVE ACTION COMPLIANCE APR 1984 REQUIREMENTS FOR CONSTRUCTION 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS APR 1984 52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS APR 1988 AND VETERANS OF THE VIETNAM ERA 52.223-2 CLEAN AIR AND WATER 52.223-5 APR 1984 52.223-6 POLLUTION PREVENTION AND RIGHT-TO-KNOW APR 1998 DRUG-FREE WORKPLACE JAN 1997 52.223-14 TOXIC CHEMICAL RELEASE REPORTING 52.225-5 OCT 1996 52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS JUN 1997 RESTRICTIONS ON CERTAIN FOREIGN OCT 1996 PURCHASES 52.227-1 AUTHORIZATION AND CONSENT 52.227-2 JUL 1995 NOTICE AND ASSISTANCE CONCERNING PATENT AUG 1996 AND COPYRIGHT INFRINGEMENT 52.227-4 52.228-1 PATENT INDEMNITY--CONSTRUCTION CONTRACTS APR 1984 BID GUARANTEE SEP 1996 52.228-2 ADDITIONAL BOND SECURITY 52.228-5 OCT 1997 INSURANCE--WORK ON A GOVERNMENT JAN 1997 INSTALLATION 52.228-11 PLEDGE OF ASSETS 52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 1990 52.229-5 JAN 1991 TAXES--CONTRACTS PERFORMED IN U.S. APR 1984 POSSESSIONS OR PUERTO RICO 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION MAY 1997 CONTRACTS 52.232-17 INTEREST 52.232-23 JUN 1996 ASSIGNMENT OF CLAIMS JAN 1986 52.232-33 MANDATORY INFORMATION FOR ELECTRONIC AUG 1996 FUNDS TRANSFER PAYMENT 52.233-1 DISPUTES 52.233-3 OCT 1995 PROTEST AFTER AWARD AUG 1996 52.236-2 DIFFERING SITE CONDITIONS 52.236-3 APR 1984 SITE INVESTIGATION AND CONDITIONS APR 1984 AFFECTING THE WORK 52.236-5 MATERIAL AND WORKMANSHIP 52.236-6 APR 1984 SUPERINTENDENCE BY THE CONTRACTOR APR 1984 52.236-7 PERMITS AND RESPONSIBILITIES 52.236-8 NOV 1991 OTHER CONTRACTS APR 1984 52.236-9 PROTECTION OF EXISTING VEGETATION, APR 1984 STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS 52.236-10 OPERATIONS AND STORAGE AREAS 52.236-11 APR 1984 52.236-12 USE AND POSSESSION PRIOR TO COMPLETION APR 1984 CLEANING UP APR 1984 52.236-14 52.236-15 AVAILABILITY AND USE OF UTILITY SERVICES APR 1984 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984 52.236-17 LAYOUT OF WORK 52.236-26 APR 1984 PRECONSTRUCTION CONFERENCE FEB 1995 52.242-13 BANKRUPTCY 52.243-4 CHANGES JUL 1995 AUG 1987 Page 18 of 57
l
- RS-ADM-98-150 S:ction I i -
52.249-2 TERMINATION FOR CONVENIENCE OF THE SEP 1996 GOVERNMENT (FIXED PRICE)
ALTERNATE I (SEP 1996) 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984 52.253-1 COMPUTER GENERATED FORMS JAN 1991 I.2 52.228-14 IRREVOCABLE LETTER OF CREDIT (OCT 1997)
(a) " Irrevocable letter of credit" (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated aniount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror / Contractor can revoke or condition the letter of credit.
(b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.
(c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued / confirmed by cn acceptable federally insured financial institution as provided in paragraph (d) of this clause, and--
(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period; (2) If used as an alternative to corporate or individual cureties as security for a performance or payment bond, the offeror /
Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is rcquired or may submit an ILC with an initial expiration date that io a minimum period of one year from the date of issuance. The ILC chall provide that, unless the issuer provides the beneficiary {
written notice of non-renewal at least 60 days in advance of the j current expiration date, the ILC is automatically extended without '
cmendment for one year from the expiration date, or any future cxpiration date, until the period of required coverage is completed cnd the contracting Officer provides the financial institution with e written statement waiving the right to payment. The period of rcquired coverage shall be:
(i) For contracts subject to the Miller Act, the later of--
(.A ) One year following the expected date of final payment; (B) For performance bonds only, until completion of any w2rranty period.
(d) Only federally insured financial institutions rated investment grade or higher shall issue or confirm the ILC. The offeror / Contractor shall provide the Contracting Officer a credit l
Page 19 of 57 1
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RS-ADM-98-150 Section I rating that indientes ths financial incticution han the required reting (s) no of the dato of iceutnce of the ILC. Unless the financial institution issuing the ILC had letter of credit business
- of at least $25 million in the past year, ILCs over $5 million must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.
(e) The following format shall be used by the issuing financial institution to create an ILC:
(Issuing Financial Institution"s Letterhead or Name and Address]
Ierun Date-------------------------------------------------------------
Irrevocable Letter of Credit No.------------------------------------
name-----------------------------------------------
Account party"s ---
Account party"s address-------------------------------------------- -
For Solicitation No.---------------------------------------------------
(For reference only)
To:
[U.S. Government agency]
['U . S . Government agency"s address]
- 1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States
$ . This Letter of Credit is payable at [ issuing financial institution's and, if any, confirming financial institution's]
office at [ issuing financial institution's address and, if any, confirming financial institution's address] and expires with our clona of business on , or any automatically extended expiration date.
2.
drnf t (s)We hereby undertake to honor your or the transferee's sight drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with thia Letter of Credit and confirmation, if any, at the office cpacified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.
- 3. (This paragraph is omitted if used as a bid guarantee, and cub::quent paragraphs are renumbered.] It is a condition of this
. Letter of Credit that it is deemed to be automatically extended without amendment for one year from the expiration date hereof, or cny future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider thic Letter of Credit renewed for any such additional period. At the tim 3 we notify you, we also agree to notify the account party (and confirmin dalivary.g financial institution, if any) by the same means of Page 20 of 57 l
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RS-ADM-98-150 Section I
- 4. This Letter of Credit is transferable. Transfers and cecignments of proceeds are to be effected without charge to either tha beneficiary or the transferee / assignee of proceeds. Such trcn:fer or assignment shall be only at the written direction of the Government (the beneficiary) in a form satisfactory to the issuing fintncial institution and the confirming financial institution, if cny.
- 5. This Letter of Credit is subject to the Uniform Customs and Prnctice (UCP) for Documentary Credits, 1993 Revision, International Chtmber of Commerce Publication No. 500, and to the extent not incon istent therewith, to the laws of [ state of confirming fintncial institution]. financial institution, if any, otherwise state of issuing
- 6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the UCP, tha financial institution specifically agrees to effect payment if thie credit is drawn against within 30 days after the resumption of our business.
Sincerely,
[ Issuing financial institution) 1 (f) The following format shall be used by the financial !
institution to confirm an ILC:
[ Confirming Financial Institution"s Letterhead or Name and Address]--- ,
l
, 19 s 1
Our Letter of Credit Advico Number----------------------------------------------------------
Brnoficiary:-----------------------------------------------------------
['U .S. Government agency]
Iccuing Financial Institution:-----------------------------------------
Icruing Financial Institution"s LC No.:--------------------------------
Gentlemen:
- 1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by [name of issuing fintncial institution] for drawings of up to United States dollars
/U.S. $ and egiring with our close of business on [the expiration date), or any automatically extended oxpirntion date.
- 2. Draft (s) drawn under the Letter of Credit and this Confirmation are payable at our office located at .
- 3. We hereby undertake to honor sight draf t (s) drawn under and prccanted with the Letter of Credit and this confirmation at our
,officas as specified herein.
Page 21 of 57
8 RS-ADM-98-150 Section I L
i 4. Thic Letter of Crsdit in transferable. Transfers and cesignments of proceeds are to be effected without charge to either tha beneficiary or the transferee / assignee of proceeds. Such trancfer or assignment shall be only at the written direction of the l Govarnment (the beneficiary) in a form satisfactory to the issuing !
finzncial institution and the confirming financial institution, if any.
- 5. This Letter of Credit is subject to the Uniform Customs and l Practice (UCP) for Documentary Credits, 1993 Revision, International l Chrmber of Commerce Publication No. 500, and to the extent not l inconsistent therewith, to the laws of [ state of
' confirming financial institution, if any, otherwise state of issuing l fintncial institution].
- 6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the UCP, tha financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business.
Sincerely,
[ Issuing financial institution]
(f) The following format shall be used by the financial institution to confirm an ILC:
[ Confirming Financial Institution"s Letterhead or Name and Address]---
o 19 .-
Our Letter of Credit Advica Number----------------------------------------------------------
B;noficiary:-----------------------------------------------------------
[U.S. Government agency) j Ioruing Financial Institution:-----------------------------------------
l Iccuing Financial Institution"s LC No.:---------------------------- ---
Gentlemen:
- 1. We hereby confirm the above indicated Letter of Credit, the
-original of which is attached, issued by [name of issuing
' finnncial institution] for drawings of up to United States dollars
/U.S. $ and e g iring with our close of business l; on [the expiration datej , or any automatically extended I cxpiration date.
'2'. Draf t (s) drawn under the Letter of Credit and this Confirmation are payable at our office located at .
- 3. We hereby undertake to honor sight draf t (s) drawn under and 1 lprocnnted with the Letter cf Credit and this Confirmation at our '
lofficcs as specified herein.
Page 21 of 57
)
I
i RS-ADM-98-150 Section I 4.
cubrcquent [This piragrcphare paragraphs is renumbered.]
omitted if ucsd as a bid guarantee, and It is a condition of this confirmation that it be deemed automatically extended.without cmsndment for one year from the expiration date hereof, or any
- automatically extended expiration date, unlens:
(a) At least 60 days prior to any such expiration date, we shall notify the contracting officer, or the transferee and the issuing L
finnncial institution, by registered mail or other receipted means of dalivery, that we elect not to consider this confirmation cxtcnded for any such additional periods or l (b) The issuing financial institution shall have exercised its right to notify you or the transferee, the account party, and ourcolves, of its election not to extend the expiration date of the
. Lettcr of Credit.
- 5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, 1993 Revision, International Chtmber of Commerce Publication No. 500, and to the extent not l
inconsistent therewith, to the laws of [ state of confirming financial institution].
- 6. If this confirmation expires during an interruption of business tha UCP, of wethis financialagree specifically institution as described to effect payment ifinthis Article credit17isof dr wn against within 30 days after the resumption of our business.
Sincarely,
[ Confirming financial institution]
(g) The following format shall be used by the Contracting Officer for a sight draft to draw on the Letter of Credit:
SIGHT DRAFT
[ City, State]
, 19
[Nrma and address of financial institution Pay to the order
[B:noficiary Agency) of-----------------------]-----------------------------
tha cum of United States $
This draft is drawn under----------------------------------------------
t Irrevocable Letter of Credit No.---------------------------------------
[Banaficiary Agency]
By:
l i
I t
Page 22 of 57 e
RS-ADM-98-150 Section I I.3 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JWi 1997)
Notwithstanding any other payment terms in this contract, the Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause.
Payment shall be considered as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in section 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see subparagraph (a) (3) concerning payments due on Saturdays, Sundays, and legal holidays.)
(a) Invoice payments-- (1) Types of invoice payments. For purposes of this clause, there are several types of invoice payments that may occur under this contract, as follows:
(i) Progress payments, if provided for elsewhere in this contract, based on Contracting Officer approval of the estimated cmount and value of work or services performed, including payments for reaching milestones in any project:
(A) The due date for making such payments shall be 14 days after receipt of the payment request by the designated billing office. If the designated billing office fails to annotate the payment request with the actual date of receipt at the time of receipt, the payment due date shall be the 14th day after the date of the Contractor's payment reguest, provided a proper payment request is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.
(B) The due date for payment of any amounts retained by the Contracting Officer in ar. ordance with the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, shall be as cpecified in the contract or, if not specified, 30 days after cpproval for release to the Contractor by the contracting Officer.
(ii) Final payments based on completion and acceptance of all work and presentation of relcase of all claims against the Government arising by virtue of the contract, and payments for partial deliveries that have been accepted by the Government (e.g.,
cnch separate building, public work, or other division of the contract for which the price is stated separately in the contract) :
(A) The due date for making such payments shall be either the 30th day after receipt by the designated billing office of a proper invoice from the Contractor, or the 30th day af ter Government scceotance of the work or services completed by the Contractor, whichever is later. If the designated billing office fails to cnnotate the invoice with the date of actual receipt at the time of rcceipt, the invoice payment due date shall be the 30th day after the date of the Contractor's invoice, provided a proper invoice is I
received and there is no disagreement over quantity, quality, or
(
1 Contractor compliance with contract requirements.
Page 23 of 57
RS-ADM-98-150 Section I (B) On a final invoice where the paym:nt amount is subject to contract cattlement actions (e.g., release of claims), acceptance chall contract be deemed to have occurred on the effective date of the settlement.
(2) Contractor's invoice. The Contractor shall prepare and cubmit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a) (2) (1) through (a) (2) (ix) of this clause. If the invoice does not comply with these requirements, it shall be returned within 7 days after the date the designated billing office received the invoice, with a statement of the reasons why it is not c proper invoice. Untimely notification will be taken into account in computing any interest penalt described in subparagraph (a) (4)yof owed thisthe Contractor in the manner clause.
(i) Name and address of the Contractor.
(ii) Invoice date. (The Contractor is encouraged to date invoices as close as possible to the date of mailing or transmission.)
cervices (iii) Contract number or other authorization for work or number) . performed (including order number and contract line item (iv) Description of work or services performed.
(v) Delivery and payment terms (e.g., prompt payment discount terms) .
(vi) Name and address of Contractor official to whom payment is to be sent (must be the same proper notice of assignment).
as that in the contract or in a (vii) Name (where practicable), title, phone number, and mailing invoice.
address of person to be notified in the event of a defective (viii) For payments described in paragraph (a) (1) (i) of this clause, substantiation of the amounts requested and certification in .
cccordance Under with the Fixed-price requirements Construction of the clause at 52.232-5, Payments Contracts.
contract.
(ix) Any other information or documentation required by the I
(:K) While not required, the Contractor is strongly encouraged l to assign an identification number to each invoice. I 1
(3) Interest penalty. An interest penalty shall be paid l automatically by the designated payment office, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a) (3) (i) through (a) (3) (iii) of this clause are met, if applicable. However, when the due date falls i on a Saturday, Sunday, or legal holiday when Federal Government Page 24 of 57 l l
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~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
RS-ADM-98-150 Section I officca are closed and Government business is not exp cted to ba conducted, payment may be made on the following business day without incurring a late payment interest penalty.
office.
(i) A proper invoice was received by the designated billing (ii) A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, Contractor compliance with any contract term or condition, or requested progress payment amount.
(iii) In the case of a final invoice for any balance of funds due the contractor for work or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.
(4) Computing penalty amount. The interest penalty shall be at the rate established by the Secretary of the Treasury under section 12 of the Contract Disputes Act of 1978 (41 U. S. C. 611) that is in offect on the day after the due date, except where the interest p:nalty is prescribed by other governmental authority (e.g. ,
tariffs). This rate is referred to as the Renegotiation Board Interest Rate, and it is published in the Federal Register ccmiannually on or about January 1 and July 1. The interest penalty chall accrue daily on the invoice principal payment amount approved by the Government until the payment date of such approved principal cmount; and will be compounded in 30-day increments inclusive from the first day after the due date through the payment date. That is, interest accrued at the end of any 30-day period will be added to the approved invoice principal payment amount and will be subject to interest penalties if not paid in the succeeding 30-day period. If the designated billing office failed to notify the Contractor of a dafective invoice within the periods prescribed in subparagraph (c) (2) of this clause, the due date on the corrected invoice will be cdjusted by subtracting from such date the number of days taken bsyond the prescribed notification of defects period. Any interest p nalty owed the Contractor will be based on this adjusted due date.
Adjustments will be made by the designated payment office for errors in calculating interest penalties.
(i) For the sole purpose of computing an interest penalty that might be due the Contractor for payments described in paragraph (n) (1) (ii) of this clause, Government acceptance or approval shall ba deemed to have occurred constructively on the 7th day after the contractor has completed the work or services in accordance with the terms and conditions of the contract. In the event that actual ceceptance or approval occurs within the constructive acceptance or cpproval period, the determination of an interest penalty shall be based on the actual date of acceptance or approval. Constructive acceptance or constructive approval requirements do not apply if i there is a disagreement over quantity, quality, or Contractor i compliance with a contract provision. These requirements also do not !
compel Government officials to accept work or services, approve l Contractor estimates, perform contract administration functions, or l l mtke payment prior to fulfilling their responsibilities. !
, Page 25 of 57 l 1
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RS-ADM-98-150 Section I (ii) The following periods of time will not be included in the determination of an interest penalty:
(A) The period taken to notify the Contractor of defects in invoices submitted to the Government, but this may not exceed 7 days.
(B) The period between the defects notice and resubmission of the corrected invoice by the contractor.
(C) For incorrect electronic funds transfer (EFT) information, in accordance with the EFT clause of this contract.
(iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1, Disputes, or for more than 1 year. Interest penalties of less than
$1 need not be paid.
(iv) Interest penalties are not required on payment delays due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on cmounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause '.
ct 52.233-1, Disputes.
(5) Prompt payment discounts. An interest penalt paid automatically by the designated payment office,ywithout also shall request be from the contractor, if a discount for prompt payment is taken improperly. The interest penalty will be calculated on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when the Contractor is paid.
(6) Additional interest penalty. (i) If this contract was awarded on or after October 1, 1989, a accordance with subdivision (a) (6) (iii) penalty of thisamount, clause, calculated shall be in paid in addition to the interest penalty amount if the Contractor--
(.A) Is owed an interest penalty of $1 or more; (B) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and (C) Makes a written demand to the designated payment office for additional penalty payment, in accordance with subdivision (a) (6) (ii) of this clause, postmarked not later than 40 days after the date the invoice amount is paid.
(ii) (A) Contractors shall support written demands for additional penalty payments with the following data. No additional data shall be required. Contractors shall--
(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late i
i Page 26 of 57 4
e
1 RS-ADM-98-150 )
. Section I pnympnt required; interent penalty and such additional panalty as may b3 (2) Attach a cop payment interest was due;and y of the invoice on which the unpaid late (3) State that payment of the principal has been received, including the date of receipt.
(B) Demands must be postmarked on or before the 40th day after payment was made, except that-- )
l (1) If the postmark is illegible or nonexistent, the !
dcmand must have been received and annotated with the date of raceipt by the designated payment office on or before the 40th day cfter payment was made; or (2) If the postmark is illegible or nonexistent and the d;signated payment office fails to make the. required annotation, the dtmand's validity will be determined by the date the Contractor has placed on the demand; provided such date is no later than the 40th day after payment was made.
(iii) (A) The additional penalty shall be equal to 100 percent of Eny original late payment interest penalty, except-- i (1) The additional penalty shall not exceed $5,000; (2) The additional penalty shall never be less than $25; and 2
(3) No additional penalty is owed if the amount of the underlying interest penalty is less than $1.
(B) If the interest penalty ceases to accrue in accordance with the limits stated in subdivision (a) (4) (iii) of this clause, the amount of the additional penalty shall be calculated on the cmount of interest penalty that would have accrued in the absence of these limits, subject to the overall limits on the additional p;nalty specified in subdivision (a) (6) (iii) (A) of this clause.
(C) For determining the maximum and minimum additional p;nalties, the test shall be the interest penalty due on each scparate pa pent made for each separate contract. The maximum and minimum additional penalty shall not be based upon individual invoices unless the invoices are paid separately. Where payments are consolidated for disbursing purposes, the maximum and minimum cdditional penalty determination shall be made separately for each contract therein.
(D) The additional penalty does not apply to payments regulated by other Government regulations (e.g., pa pents under utility contracts subject to tariffs and regulation).
(b) Contract financing payments--(1) Due dates for recurring financing payments. If thic contract provides for contract
. financing, requests for payment shall be submitted to the designated Page 27 of 57 l
I RS-ADM-98-150 Scction I billing offica ce pacificd in thic contract or to directcd by tha Contracting Officar. Contr ct finnncing plyments shall be made on the day after receipt of a designated billing office. proper In thecontract event thatfinancing an auditrequest by the or other review of a specific financing repest is required to ensure compliance with the terms and conditions of the contract, the i
designated due date specified.
papent office is not compelled to make payment by the (2) Due dates for other contract financing. For advance I l
panents, loans, or other arrangements tha". do not involve recurring '
submissions of contract financing requests, payment shall be made in cccordance the Contracting Officer.
with the corresponding contract terms or as directed by (3) Interest penalty not applicable. Contract financing pa chall not be assessed an interest penalty for payment delays. yments (c) Subcontract clause requirements. The Contractor shall include in each subcontract for property or services (including a material cupplier) for the purpose of performing this contract the following:
(1) Prompt payment for subcontractors. A payment clause that obligates the Contractor to pay the subcontractor for satisfactory performance under its subcontract not later than 7 days from receipt of payment out of such amounts as are paid to the Contractor under -
this contract.
(2) Interest for subcontractors. An interest penalty clause that obligates the Contractor to pay to the subcontractor an interest penalty clause--
for each payment not made in accordance with the payment i
(i) For the period beginning on the day after ,the required payment date and ending on the date on which payment of the amount due is made; and (ii) Computed at the rate of interest established by the Sscretary of the Treasury, and published in the Federal Register, for interest payments under section 12 of the Contract Disputes Act of 1978 (41 U. S . C.
the obligation to pay 611) an in effect at interest the time the Contractor accrues penalty.
(3) Subcontractor clause flowdown. A clause requiring each i subcontractor clause to include conforming to the astandards payment setclause forthand an interest penalty (1) in subparagraph cnd (c) (2) of this clause in each of its subcontracts, and to (c) rcquire each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier.
(d) paragraph Subcontractclauseintebretation.Theclausesrequiredby (c) of this clause s all not be construed to impair che right of the Contractor or a subcontractor at any tier to negotiate, cnd to include in their subcontract, provisions that--
(1) Retainage permitted. Permit the Contractor or a Page 28 of 57 e
RS-ADM-98-150 Section I subcontractor to retain (without cause) a specified percentage of cach progress payment otherwise due to a subcontractor for satisfactory performance under the subcontract without incurring any obligation to pay a late payment interest penalty, in accordance with terms and conditions agreed to by the parties to the subcontract, giving such recognition as the parties deem appropriate to the ability of a subcontractor to furnish a performance bond and a payment bond; (2) Withholding permitted. Permit the Contractor or subcontractor to make a determination that part or all of the subcontractor's request for payment may be withheld in accordance with the subcontract agreement; and (3) Withholding requirements. Permit such withholding without incurring any obligation to pay a late payment penalty if--
(i) A notice conforming to the standards of paragraph (g) of this clause previously has been furnished to the subcontractor; and (ii) A co subdivision (py of any d) (3) notice (1) of issued has this clause by abeen Contractor pursuant furnished to the to Contracting Officer.
(e) Subcontractor withholding procedures. If a contractor, after making a request for payment to the Government but before making a -
payment to a subcontractor for the subcontractor's performance covered by the payment request, discovers that all or a portion of the papent otherwise due such subcontractor is subject to withholding from the subcontractor in accordance with the subcontract agreement, then the Contractor shall--
]
l (1) Subcontractor notice. Furnish to the subcontractor a notice '
conforming to the standards of paragraph (g) of this clause as soon as practicable upon ascertaining the cause giving rise to a withholding, but prior to the due date for subcontractor payment; (2) Contracting Officer nctice. Furnish to the Contracting Officer, as soon as practicable, a copy of the notice furnished to the subcontractor pursuant to subparagraph (e) (1) of this clause; (3) Subcontractor progress papent reduction. Reduce the subcontractor's progress payment by an amount not to exceed the cmount specified in the notice of withholding furnished under subparagraph (e) (1) of this clause; (4) Subseguent subcontractor payment.' Pay the subcontractor as coon as practicable after the correction of the identified subcontract performance deficiency, and--
(i) Make such payment within--
)
(A) Seven days after correction of the identified !
subcontract performance deficiency (unless the funds therefor must l be recovered from the Government because of a reduction under paragraph (e) (5) (i)) of this clause; or l
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RS-ADM-98-150 Section I (B) Seven days after the Contractor recovers such funds from the Government; or t
(ii) Incur an obligation to pay a late payment interest l
penalty computed at the rate of interest established by the l
Secretary of the Treasury, and published in the Federal Register, for interest payments under section 12 of the Contracts Disputes Act of 1978 (41 U.S . C. 611) in effect at the time the Contractor accrues the obligation to pay an interest penalty; (5) Notice to Contracting Officer. Notify the Contracting Officer upon-- f l
(i) Reduction of the amount of any subsequent certified {
I application for payment; or f
(ii) Payment to the subcontractor of any withheld amounts of a progress payment, specifying--
l clause; and (A) The amounts withheld under subparagraph (e) (1) of this (B) The dates that such withholding began and ended; and (6) Interest to Government. Be obligated to pay to the Government an amount equal to interest on the withheld payments ;
(computed in the manner provided in 31 U.S.C. 3903 (c) (1) ) , from the j 1
Bth day after receipt of the withheld amounts from the Government until--
(i) The day the identified subcontractor performance deficiency is corrected; or (ii) The date that any subsequent payment is reduced under subdivision (e) (5) (i) of this clause.
(f) Third-party deficiency reports-- (1) Withholding from subcontractor. If a Contractor, after making payment to a first-tier i subcontractor, receives from a supplier or subcontractor of the first-tier subcontractor (hereafter referred to as a second-tier subcontractor) a written notice in accordance with section 2 of the Act of August 24, 1935 (4 0 U.S.C. 270b, Miller Act), asserting a deficiency in such first-tier subcontractor's performance under the contract for which the Contractor may be ultimately liable, and the Contractor determines that all or a portion of future payments otherwise due such first-tier subcontractor is subject to withholding in accordance with the subcontract agreement, the Contractor may, without incurring an obligation to pay an interest paaalty under subparagraph (e) (6) of this clause--
(i) Furnish to the first-tier subcontractor a notice conforming to the standards of paragraph (g) of this clause as soon ao practicable upon making such determination; and (ii) Withhold from the first-tier subcontractor's next Page 30 of 57
. l
l RS-ADM-98-150 Section I nvailable progress panent or paymsnts an amount not to exceed the amount specified in the notice of withholding furnished under paragraph (f) (1) (1) of this clause.
(2) Subsequent pa pent or interest charge. As soon as practicable, but not later than 7 days after receipt of satisfactory written notification that the identified subcontract performance daficiency has been corrected, the Contractor shall--
(i) Pay the amount withheld under paragraph (f) (1) (ii) of this clause to such first-tier subcontractor; or (ii) Incur an obligation to pay a late payment interest p;nalty to such first-tier subcontractor computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under section 12 of j the Contracts Disputes Act of 1978 (41 U. S . C. 611) in effect at the l time the Contractor accrues the obligation to pay an interest panalty.
(g) Written notice of subcontractor withholding. A written notice of any withholding shall be issued to a subcontractor (with a copy to the contracting Officer of any such notice issued by the {
Contractor), specifying--
(1) The amount to be withheld; l
(2) The specific causes for the withholding under the terms of I l
the subcontract; and (3) The remedial actions to be taken by the subcontractor in !
order to receive payment of the amounts withheld.
j l
(h) Subcontractor pa nent entitlement. The Contractor may not !
rcquest payment from the Government of any amount withheld or ratained in accordance with paragraph (d) of this clause until such 'l time as the Contractor has determined and certified to the Contracting Officer that the subcontractor is entitled to the pnyment of such amount.
(i) Prime-subcontractor disputes. A dispute between the Contractor end subcontractor relating to the amount or entitlement of a subcontractor to'a payment or a late payment interest penalty under o clause included in the subcontract pursuant to paragraph (c) of this clause does not constitute a dispute to which the United States io a party. The United States may not be interpleaded in any judicial or administrative proceeding involving such a dispute.
(j) Preservation of prime-subcontractor rights. Except as provided in paragraph (i) of this clause, this clause shall not limit or impair any contractual, administrative, or judicial remedies j otherwise available to the Contractor or a subcontractor in the !
cvent of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or nonperformance by a subcontractor.
Page 31 of 57
RS-ADM-98-150 Section I (k) Non-rccourna for prims contractor interest penalty. The Contrcctor's obligntion to pay an interest penalty to a subcontractor pursuant to the clauses included in a subcontract under paragraph (c) of this clause shall not be construed to be an obligation of the United States for such interest penalty. A cost-rei@ ursement claim may not include any amount for reimbursement of cuch interest penalty.
I.4 52.236-21 SPECIFICATIONS AND DRAWINGS FOR i CWiSTRUCTION (FEB 1997)
]
(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like offect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.
(b) Wherever in the specifications or upon the drawings the words adirected," " required," " ordered," " designated," " prescribed," or words of like import are used, it shall be understood that the
" direction," " requirement," " order," " designation," or
" prescription,"
the words " approved," of the"Contracting acceptable," Officer is intended and similarly i
" satisfactory," or words of like !
import shall mean " approved by," or " acceptable to," or
" satisfactory to" the Contracting Officer, unless otherwise cxpressly stated.
(c) Where "as shown," "as indicated," "as detailed," or words of cimilar import are used, it shall be understood that the reference ,
is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean " provide complete in place," that is " furnished and installed."
(d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements and (2) the installation (i.e., form, fit, and attachment details) of materials of equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to cxplain in detail specific portions of the work required by the I
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w__ _ ______ ________
RS-ADM-98-150 Section I contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.
(e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefor. Any work done before such approval shall be at the contractor's risk. Approval by the contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility fer complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below.
(f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings at the time of submission. If the Contracting Officer approves any, such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued.
(g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the Contracting Officer and one set will be returned to the Contractor.
$ I.5 52.236-27 SITE VISIT (Construction) (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) Site visits may be arranged during normal duty hours by contacting:
Name: ROBERT WEBBER Address: 11545 ROCKVILLE PIKE ROCKVILLE, MARYLAND Telephone: (301) 415-6736 Page 33 of 57
RS-ADM-98-150 Section I I.6 52.246-21 WARRANTY 0F CONSTRUCTION (APR 1984)
(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, !
material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.
(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this l warranty shall continue for a period of 1 year from the date the Government takes possession.
(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the contractor chall remedy at the Contractor's expense any damage to Government-owned damage is the result of--
or controlled real or personal property, when that requirements; or (1) The Contractor's failure to conform to contract furnished.
(2) Any defect of equipment, material, workmanship, or design (d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.
(e) The Contracting Officer shall notify the contractor, in writing, failure, defect, or damage.
within a reasonable time after the discovery of any (f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after recei Government shall have the right to replace,pt of notice, repair, the or otherwise remedy the failure, defect, or damage at the Contractor's expense.
(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall--
(1) Obtain all warranties that would be given in normal commercial practice; (2) Require all warranties to be executed, in writing, for the bsnefit and of the Government, if directed by the Contracting Officer; l
l (3) Enforce all warranties for the benefit of the Government, if Page 34 of 57 f
4
RS-ADM-98-150 Section I directed by the Contracting officer.
(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.
(i) Unless a defect is caused by the ne or subcontractor or supplier at any tier,gligence of the Contractor the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that ]
results from any defect in Government-furnished material or design. i (j) This warranty shall not limit the Government's rights under the !nspection and Acceptance clause of this contract with respect j to latent defects, gross mistakes, or fraud.
I.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This Solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es) :
i i
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1 t
RS-ADM-98-150 Section J FART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACMENTS SECTION J - LIST OF ATTACMENTS ATTACHMENT NUMBER TITLE NO.
DATE PAGES
- 1. CONTRACT DRAWINGS
- 2. PROJECT MANUAL / SPECIFICATIONS l
I I l i
4 Page 36 of 57
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I l ,
RS-ADM-98-150 Section K l-PART IV -
REPRESENTATIONS AND INSTRUCTIONS SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATENENTS OF 0FFER0RS l
K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE The following solicitation provisions pertinent to this cection are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR prevision'at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation. FAR 52.252-1 contains the internet eddress for electronic access to the full text of a provision.
NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING APR 1991 PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS 52.222 CERTIFICATION OF NONSEGREGATED APR 1984 FACILITIES 1
K.2 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 or factors used to calculate the prices offered; i
(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 ;
ecaled bid solicitation) or contract award (in the case of a n;gotiated solicitation) unless otherwise required by law; and i i
(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. 1 (b). Each signature on the offer is considered to be a certification by the signatory that the signatory--
Page 37 of 57 i
i i
RS-ADM-98-150 Section K (1) In the parson in the offeror's organization responsible for dstormining ths prican being offered in thio 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) above; or 3 (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) above !
I (Insert full name of person (s) in the offeror's organization I responsible for determining the prices offered in the bid or j proposal, organization];
and the title of his or her position in the offeror's j 1
(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 an i through (a) (3) above; and y action contrary to subparagraphs (a) (1)
(iii) As an agent, has not personally participated, and will not participate, in an through (a) (3) above. y action contrary to subparagraphs (a) (1)
(c) If the offeror deletes or modifies subparagraph (a) (2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
K.3 52.203-8 CANCELLATION, RECISSION, AND REC 0VERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)
(a) If the Government receives information that a contractor or a person has engaged in conduct constituting a violation of subsection (a), (b), (c), or (d) of Section 27 of the Office of Federal procurement Policy Act (41 U. S . C. 423) (the Act), as amended by cection 4304 of the National Defense Authorization Act for Fiscal Year 1996 (Pub. L. 104-106), the Government may--
(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or (3) Rescind the contract with respect to which--
(i) The Contractor or someone acting for the Contractor has b en convicted for an offense where the conduct constitutes a violation of subsection 27 (a) or (b) of the Act for the purpose of either--
i Page 38 of 57 1
i 0
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RS-ADM-98-150 Section K (A) Exchanging the 17 formation covered by such subsections for anything of value; or OB) obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or (ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or comeone acting for the Contractor has engaged in conduct constituting an offense punishable under subsection 27 (e) (1) of the I.
Act.
- 03) If the Government rescinds the contract under paragraph (a) of i this clause, the Government is entitled to recover, in addition to l any penalty prescribed by law, the amount expended under the {
i contract.
{
(c) The rights and remedies of the Government specified herein are l not exclusive, and are in addition to any other rights and remedies {
l provided by law, regulation, or under this contract.
I K.4 52.204-3 TAXPAYER IDENTIFICATION (JUN 1997)
(a) Definitions. l
" Common parent," as used in this solicitation 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.
" Corporate status," as used in this solicitation provision, means n designation as to whether the offeror is a corporate entity, an unincorporated entity (e.g. , sole proprietorship or partnership), or c corporation providing medical and health care services.
" Taxpayer Identification Number (TIN)," as used in this solicitation provision, means the number required by the IRS to be uned by the offeror in reporting income tax and other returns. l (b) All offerors are re@ ired to submit the information required in paragraphs (c) through (e) of this solicitation provision in order to comply with reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by the Internal ROvenue Service (IRS). If the resulting contract is subject to the reporting requirements described in FAR 4.903, the failure or rafusal by the offeror to furnish the information may result in a 31 psrcent reduction of payments otherwise due under the contract.
(c) Taxpayer Identification Number (TIN).
() TIN: .
l () TIN has been applied for.
() TIN is not required because:
Page 39 of 57 l
RS-ADM-98-150 Section K
() Offeror in 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 U.S. and does not have an office or
() place of business or a fiscal paying agent in the U.S.;
Offeror is an agency or instrumentality of a foreign government;
() Offeror is an agency or instrumentality of a Federal, state, or local government;
() Other. State basis.
(d) Corporate Status.
() Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services;
() Other corporate entity;
() Not a corporate entity;
() Sole proprietorship;
() Partnership;
() Hospital or extended care facility described in 26 CFR 501 (c) (3) that is exempt from taxation under 26 CFR 501(a).
(e) 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: l 1
Name 1 TIN K.5 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (rut 1996)
(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; .
l (B) Have [] have not [], within a 3-year period preceding this offer, been convicted of or had a civil judgment 1
I rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or parforming 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, Page 40 of 57 9
theft, forgsry, bribary, falsification or destruction of records, mnking and false statements, tax evasion or receiving stolen property; (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 3-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 CO"E.
(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 nonresponrible.
(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 rcquired to exceed that which is normally possessed by a prudent parson 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 {
mnking award. If it is later determined that the offeror knowingly I rendered an erroneous certification, in addition to other remedies {
cvailable to the Government, the Contracting Officer may terminate )
the contract resulting from this solicitation for default.
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RS-ADM-98-150 Section K K.6 52.214-2 TYPE OF BUSINESS ORGANIZATION--SEALED BIDDING (JUL 1987)
-The bidder, by checking the applicable box, represents that--
(a) It operates as [] a corporation incorporated under the laws of the State of , [] an individual, [] a partnership, or [] a nonprofit organization, or [ ] a joint venture; (b) If the bidder is a foreign entity, it operates as [] an individual, [] a partnership, [] a nonprofit organization, [] a joint venture, or [ ] a corporation, registered for business in (country) .
K.7 52.219-1 SNALL BUSINESS PROGRAN REPRESENTATIONS (FEB 1998)
(a) (1) The stan industrial classification (SIC) code for this acquisition is. 2- g (2) The small business size standard is [7 70007 000 .
h gg .
(3) The cn offer in itssmall ownbusiness size than name, other standard on afor a concern which construction submits 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 offeror re business concern in paragraph (b) (1) of presented itself as aThe this provision.) small offeror represents as part of its offer that it [] is, [] is not a small disadvantaged business concern.
(3) (Complete only if offeror re business concern in paragraph (b) (1) of presented itself as aThe this provision.) small offeror represents as part of its offer that it [] is, [] is not a women-owned small business concern.
(c) Definitions.
" Joint venture", for pugoses of a small disadvantaged business (SDB) set-aside or price evaluation preference (as prescribed at 13 CFR 124.321), is a concern that is owned and controlled by one or more socially and economically disadvantaged individuals entering into a joint venture agreement with one or more business concerns cnd is considered to be affiliated for size purposes with such other concern (s) . The combined annual receipts or employees of the concerns entering into the joint venture must meet the applicable size standard corresponding to the SIC code designated for the contract. The majority of the venture's earnings must accrue Page 42 of 57 l
RS-ADM-98-150 Section Y.
directly to the socially and economically disadvantaged individuals in the SDB concern (s) in the joint venture. The percentage of the ownership involvement in a joint venture by disadvantaged individuals must be at least 51 percent.
"Small business concern", as used in this provision, 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.
"Small disadvantaged business concern", as used in this provision, means a small business concern that (1) is at least 51 mercent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals, and (2) has its management and daily business controlled by one or more such individuals. This term also means a small business owned concern that is at least 51 percent unconditionally by an economically Hawaiian Organization,or y disadvantaged a publicly owned Indian tribe or business Native having at least 51 percent of its stock unconditionally owned by one or more of these entities, which has its management and daily business controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization, and which meets the requirements of 13 CFR Part 124.
" Women-owned small business concern", as used in this provision, means a small business concern--
(1) Which 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 dail controlled by one or more women. y business operations are (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 furnished.
restrictions on the source of the end items to be (2) Under 15 U.S.C. 645 (d) , any person who misrepresents a firm's status as a small or small disadvantaged business concern in order to obtain a contract to be awarded under the preference programs established pursuant to sections 8 (a) , 8 (d) , 9, or 15 of the Small Business specifically Act section references or any other 8 (d) provision of Federal' law that for a definition of program eligibility, shall--
(i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including Page 43 of 57
RS-ADM-98-150 Section K cucp;n2 ion end d bnrm:nt; and (iii) Be ineligible for participation in programs conducted under the authority of the Act.
K.8 52.219-2 EQUAL LOW BIDS (0CT 1995)
(a) This provision applies to small business concerns only.
(b) The bidder's status as a labor surplus area (USA) concern may effect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on recount of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.
(c) Failure to identify the labor surplus areas as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in cccordance with the obligations of an LSA concern.
K.9 52.222-22 PREVIOUS CONTRACTS AND COMPLIA C REPORTS (APR'1984)
The offeror represents that--
]
(a) It [] has, [] has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, cr the clause contained in Section 201 of Executive Order No. 11114; cnd (b) It [] has, [ ] has not filed all required compliance reports; (c) Representations indicating submission of required compliance rcports, signed by proposed subcontractors, will be obtained before subcontract awards.
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l K.10 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984) l The offeror certifies that-- 1 l (a) Any facility to be used in the performance of this proposed contract is [), is not [] listed on the Environmental Protection Agency (EPA) List of Violating Facilities; (b) The offeror will immediately notify the Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the EPA, indicating that any fccility that the Offeror proposes to use for the performance of the ;
contract isFacilities; Violating under consideration and to be listed on the (EPA) List of (c) The Offeror will include a certification substantially the i cr.me nonexempt subcontract.
as this certification, including this paragraph (c), in every )
j K.11 52.223-13 CERTIFICATION OF T0XIC CHEMICAL RELEASE REPORTING (OCT 1996)
(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 rcporting 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 Ralease 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 rcporting requirements because each such facility is exempt for at least one of the following reasons: (Check each block that is epplicable.)-
[] (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) ;-
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RS-ADM-98-150 Section K
[] (III) Tha fccility doso 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); j
[] (iv) The facility does not fall within Standard Industrial l
Classification Code (SIC) designations 20 through 39 as set forth in Section 19.102 of the Federal Acquisition Regulation; or a l
1
[] (v) The facility is not located within any State of the f United States, the District of Columbia, the Commonwealth of Puerto i Rico, Guam, American Samoa, the United States Virgin Islands, the I Northern Mariana Islands, or any other territory or possession over which the United States has jurisdiction.
K.12 52.225-1 BUY AMERICAN CERTIFICATE (DEC 1989)
The offeror certifies that each end product, except those listed below, is a domestic end product (as defined in the clause entitled
" Buy'American Act - Supplies"), and that components of unknown origin are considered to have been mined, produced, or manufactured outside the United States.
Excluded End Products Country Of Origin (List as necessary)
Offerors may obtain from the contracting officer lists of articles, materials, and supplies excepted from the Buy American Act.
K.13 2052.209-70 QUALIFICATIONS OF CONTRACT EMPLOYEES The offeror hereby certifies by submission of this offer that all representations made regarding its employees, proposed subcontractor personnel, and consultants are accurate.
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, Section K K.14 2052.209-71 CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT (a) The following Regulation representation is required by the NRC Acquisition 2009.105-70 (b) . It is not NRC policy to encourage offerors and contractors to propose current /former agency employees to perform work under NRC contracts, and as set forth in the above cited provision, the use of such employees may, under certain conditions, adversely affect NRC's consideration of non-competitive proposals and task orders.
(b) The offeror hereby certifies that there [ ] are [ ] are no current /former NRC employees (including special Government employees parforming services as emerts, advisors, consultants, or meders of cdvisory committees) who have been or will be involved, directly or indirectly, in developing the offer, or in negotiating on behalf of the offeror, or in managing, administering, or performing any contract, consultant agreement, or subcontract resulting from this l' offer. For each individual so identified the Technical and Management proposal must contain, as a se,parate attachment, the name of the individual, the individual's title while employed by the NRC, the date individual left NRC, and brief description of the individual's role under this proposal.
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RS-ADM-98-150 Section L SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO 0FFERORS L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE i
The following solicitation provisions pertinent to this cection are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation. FAR 52.252-1 contains the internet cddress for electronic access to the full text of a provision.
I NUMBER TITLE DATE I
FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.214-1 SOLICITATION DEFINITIONS--SEALED BIDDING JUL 1987 52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS DEC 1989 52.214-4 FALSE STATEMENTS IN BIDS APR 1984 52.214-5 SUBMISSION OF BIDS MAR 1997 52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS APR 1984 52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND MAY 1997 WITHDRAWALS OF BIDS 52.214-18 PREPARATION OF BIDS--CONSTRUCTION APR 1984 52.214-19 CONTRACT AWARD--SEALED AUG 1996 BIDDING--CONSTRUCTION 52.232-13 NOTICE OF PROGRESS PAYMENTS APR 1984 l
l L.2 52.204-6 LAt* UNIVERSAL NUNBERING SYSTEM (DUNS) NUNBER (APR 1998)
(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation " DUNS" followed by the DUNS number that identifies the offeror's name and cddress exactly as. stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet Information Services.
(b) Contractor identification is essential for complying with etatutory contract reporting requirements. Therefore, the offeror is requested to enter, in the block with its name and address on the Standard Form 33 or similar document, the annotation " DUNS" followed by the DUNS number which identifies the offeror's name and address exactly as stated in the offer. For information on obtaining a DUNS number, the offeror, if located within the United States, should call Dun and Bradstreet at 1-800-333-0505.
(c) Offerors located outside the United States may obtain the location and phone number of the local Dun and Bradstreet
- Information Services office from the Internet home page at http
- //
j www.dnb.com/. If an offeror is unable to locate a local service Page 48 of 57 9
__________________--_-_--a
RS-ADM-98-150 Section L canter, it mny cend cn e-mail to Dun and Bradstreet at globalinfo@ mail.dnb.com.
I L.3 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.
L.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (APR 1984)
(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 parcentage 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 Goals for female participation for each trade for each trade Trade 38 % of Contractor Trade 6 % of Contractor Aggregate Work Force Aggregate Work Force (Goals are attached at the end of this provision)
These goals are applicable to all the Contractor's construction work parformed in the covered area. If the Contractor performs construction work in a geog aphical area located outside of the covered area, the Contractor chall app y the goals established for the geographical area where the work ic actual y performed. Goals are published periodically in the Federal R;gister 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,
.J.nd the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations r; quired oy the clause entitled " Affirmative Action Compliance Requirements l Page 49 of 57
RS-ADM-98-150 Section L for Construction," cnd (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 chall 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 I 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.
hours performed.
Compliance with the goals will be measured against the total work )
4 (d) (1) The Contractor shall provide written notification to the Director, Office of Federal Contract Compliance Programs, 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--
(2) Name, address, and telephone number of the subcontractor; (i) 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. l (e) As used in this Notice, and in any contract resulting from this solicitation, the " covered area" is:
Rockville, Maryland Montgomery l
L.5 52.225-12 NOTICE OF BUY ANERICAN ACT REQUIREMENT--
CONSTRUCTION MATERIALS (MAY 1997)
(a) Offerors are required to comply with the requirements of Federal Acquisition Regulation (FAR) clause 52.225-5, Buy American Act Construction Materials, of this solicitation. The terms
" construction material" and " domestic construction material," as used in this provision, have the meanings set forth in FAR clause l 52.225-5.
(b) Offerors should request a determination regarding the inapplicability of the Buy American Act in time to allow determination before submission of offers. For evaluation of a request for a determination regarding the inapplicability of the requirements of the Buy American Act prior to the time set for' receipt of offers, the information and applicable supporting data rcquired by paragraphs (c) and (d) of FAR clause 52.225-5 shall be i
included in the rewest. If an offeror has not requested a datemination regarding the inapplicability of the Buy American Act prior to submission of its offer, or has not received a response to a request made prior to submission of its offer, the information and Page 50 of 57 I
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\ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - -
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cupporting date chnll be includsd in the offer.
(c) Evaluation of offers. (1) For evaluation of offers, (unless egency regulations specify a higher percentage) the Government will edd to the offered price 6 percent of the cost of any foreign construction material proposed for exception from the requirements of the Buy American Act based on claimed unreasonable cost of domestic construction materials in accordance with paragraph (b) (3) (i) of FAR clause 52.225-5.
(2) If the evaluation of offers results in a tie between an offer including such foreign construction material excepted on the basis of unreasonable cost, as evaluated, and an offer including colely domestic construction material or other foreign construction material listed in the solicitation at paragraph (b) (2) of FAR clause 52.225-5, or subsequently excepted in accordance with paragraphs (b) (3) (ii) or (iii) of FAR clause 52.225-5, award shall be made to the offeror that submitted the latter offer.
(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in the !
solicitation at paragraph (b) (2) of FAR clause 52.225-5, offerors elso may submit alternate offers based on use of equivalent domestic construction material.
(2) If alternate offers are submitted, a separate Standard Form 1442 shall be submitted for each alternate offer, and a separate price comparison table, prepared in accordance with paragraphs (c) cnd (d) of FAR clause 52.225-5, shall be submitted for each offer that is based on the use of any foreign construction material for which the Government has not yet determined an excepcion to apply.
(3) If the Government determines that a particular exception 3 rcquested under paragraph (c) of FAR clause 52.225-5 does not apply, I the Government will evaluate only those offers based on use of the I cquivalent domestic construction material, and the offeror shall be f raquired to furnish such domescic construction material. 1 (i) In sealed bid procurement, any offer based on use of that pnrticular foreign construction material shall be rejected as nonresponsive. .
(ii) In negotiated procurement, any offer based on use of that particular foreign construction material may not be accepted unless revised during negotiations.
L.6 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 ca follows) by obtaining written and dated acknowledgment of receipt Page 51 of 57
from:
ROBERT WEBBER, CONTRACTING OFFICER Hand-Carried Address:
U.S. Nuclear Regulatory Commission Division of Contracts and Property Mgt. ,
Attn: T-7-I-2 )
11545 Rockville Pike Rockville MD 20852 Mailing Address: '
U.S. Nuclear Regulatory Commission Division of Contracts and Property Mgt.
Attn: T-7-I-2 11545 Rockville Pike Washington DC 20555
\
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
L.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY i REFEREDEE (FEB 1998) l l
This solicitation incorporates one or more solicitation provisions l by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror end submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the i provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these cddress (es) :
L.8 2052.214-73 TIMELY RECEIPT OF BIDS Bacause the NRC is a secure facility with perimeter access control, bidders shall allow additional time for hand delivery (including cxpress mail and delivery services) of bids to ensure that they are timely received in the depository at the address shown in Item 9 on the Standard Form 33.
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, RS-ADM-98-150 Section L L.9 2052.214-74 DISPOSITION OF BIDS After award of the contract, one copy of each unsuccessful bid will bc retained by NRC's Division of Contracts and Property Management in accordance with the General Records Schedule 3 (5) (b) . Unless return of the additional copies of the bid is requested by the !
bidder upon submission of-the bid, all other copies will be destroyed.
the bid.
This request should appear in a cover letter accompanying 1
L.10 2052.222-70 NONDISCRIMINATION BECAUSE OF AGE '
It is the policy of the Executive Branch of the Government that: j (a) Contractors and subcontractors engaged in the performance of Fcderal contracts may not, in connection with the employment, advancement, or discharge of employees or in connection with the !
j terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona l
)
fide occupational qualification, retirement plan, or statutory requirements; and i
(b) That contractors and subcontractors, or person acting on their bshalf, may not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement.
L.11 LOCATION OF BID OPENING (MAR 1987)
A public bid opening will be held at 3:30 p.m. on ' September 25, 1998 in the Nuclear Regulatory Commission Bid / Proposal room located et the following address:
U.S. Nuclear Regulatory Commission Division of Contracts and Property Management 11545 Rockville Pike l Rockville, MD 20814 L.12 ABSTRACT OF BIDS (MAR 1987)
The abstract of bids will be completed as soon as possible after i the bids have been opened and read. The abstract of bids shall be l
posted on a bulletin board at the following location:
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RS-ADM-98-150 Section L U.S. Nuclotr Regulstory Commission !
l Public Document Room 2120 L Street, N.W. l Washington, DC 20555 l
{
j 1
L.13. ESTIMATED DURATION (JUN 1988)
{
Thesection (See duration of the F for anycontract is estimated to be 90 calendar days..
option periods)
)
l L.14 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC j PAYMENT / REMITTANCE ADDRESS
{
The Debt Collection Improvement Act of 1996 requires that all Federal pa Transfer. pents except It is the IRS policy of tax the refunds Nuclearbe made by Electronic Regulatory Commission Funds to pay government vendors by the Automated Clearing House (ACH) i' electronic funds transfer payment system. Item 15C of the Standard Form 33 may be disregarded.
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Ssction M SECTION M - EVALUATION FACTORS FOR AWARD
'N.1 2052.214-71 BIDDER QUALIFICATIONS AND PAST EXPERIENCES (a) The' bidder shall list three previous / current contracts for the came or similar products / services. This information will assist the contracting officer in his/her Determination of Responsibility. Lack of previous / current contracts for same or similar products / services or failure to submit this information will not necessarily result in cn unfavorable Determination of Responsibility.
(1) Contract No.: -----------------------__-__-__.-_-____-..
Name and address of Government agency or commercial entity:
Point of Contact and Telephone Number: '
(2) Contract No.:------------------_-_ --_______--_-____--_-
Nnme and address of Government agency or commercial entity: J Point of Contact and Telephone Number:
(3) Contract No.:--------------------_---_---_------_-__.-__
Nrme and address of Government agency or commercial entity:
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'RS-ADM-98-150 S3ction M Point of Contact and Telephone Number:
(b) The bidder shall also provide the name, title and full telephone number for its technical representative and contracts / business representative: {'
(1) Technical Representative Name--------------------------------------------------------
Title-------------------------------------------------------
Telephone No. ( ) ----------------------------------------- i (2) Contracts / Business Representative Name ----------------------------------------
Title-------------------------------------------------------
Telephone No. ( )------------------------------------------
M.2 2052.214-72 BID EVALUATION (a) Award will be made to that responsive, responsible bidder within the meaning of FAR subpart 9.1 whose total bid amount, as set forth ;
by the bidder in Section B of this Invitation for Bid, constitutes the lowest overall evaluated final contract price to the Government based upon the requirements as set forth in the schedule. Bids will <
)
be evaluated for purposes of award by first ascertaining the sum of the total amount for each of the items specified in Section B of l this solicitation. This will constitute the bidder's " Total Bid Amount."
(b) Bidders shall insert a definite price or indicate "no charge" in the blank space provided for each item and/or sub-item listed in Section B. Unless expressly provided for herein, no additional i charge will be allowed for work performed under the contract other i than the unit prices stipulated for each such item and/or sub-item.
(c) Any bid which is materially unbalanced as to price for the Eeparate items specified in Section B of this IFB may be rejected as nonresponsive. An unbalanced bid is defined as one which is based on prices which, in the opinion of the NRC, are significantly less than cost for some work and/or prices that may be significantly overstated for other work.
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,6* RS-ADM-98-150 Section M (d) Ssparation charges, in any form, are not solicited. Bids containing charges for discontinuance, termination, failure to exercise an option, or for any other purpose will cause the bid to be rejected as nonresponsive.
(e) A preaward on-site survey of the bidder's facilities, equipment, etc., in accordance with FAR 9.105 and 9.106 may be made by representatives of the Commission for the purpose of determining whether the bidder is responsible within the meaning of FAR 9.1, and whether the bidder possesses qualifications that are conducive to the production of work that will meet the requirements, specifications, and provisions of this contract. Also, if requested by the Commission, t,ae prospective contractor may be required to submit statements wichin
- aours after receiving the request:
(1) Concerning their ability to meet any of the minimum standards not forth in FAR 9.104, (2) Samples of work, and (3) Names and addresses of additional clients, Government agencies end/or commercial firms which the bidder is now doing or had done business with.
(f) Notwithstanding paragraph (b) of this section, the award of any contract resulting from this solicitation will be made on an "all or rone" basis. Thus, bids submitted on fewer than the items listed in Eection B of this 1FB, or on fewer than the estimated quantity, will cause the bid to be rejected as nonresponsive.
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