HomeMy WebLinkAboutC2019-271 - 4/30/2019 - Approved SOLICITATION, OFFER, 1.SOLICITATION NO. 2.TYPE OF SOLICITATION 3.DATE ISSUED PAGE OF PAGES
AND AWARD ❑ SEALED BID (IFB) 21-Feb-2019
(Construction,Alteration,or Repair) N6945018R40250001 ENEGOTIATED (RFP) 1 OF 30
IMPORTANT-The"offer"section on the reverse must be fully completed by offeror.
4.CONTRACT NO. • 5.REQUISITIONIFURCHASE REQUEST NO. 6.PROJECT NO.
N6945019C4001
7.ISSUED BY CODE N69450 8.ADDRESS OFFER TO (If Other Than Item 7) CODE
NAVFAC SOUTHEAST
PWD CORPUS CHRISTI See Item 7
8851 OCEAN DRIVE,BLDG 19
CORPUS CHRISTI D(78419-5021
TEL: FAX: TEL: FAX:
9.FOR INFORMATION A.NAME B.TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
CALL: JOEL OVERSON 361-961-3397
SOLICITATION
NOTE:In sealed bid solicitations"offer"and"offeror"mean"bid"and"bidder".
10.THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title,identifying no.,date):
PROPOSAL MUST BE SET FORTHWITH FULL,ACCURATE,AND COMPLEI E INFORMATION AS REQUIRED BY THIS REQUEST FOR PROPOSAL
(INCLUDING ATTACHMENTS).THE PENALTY FOR MAKING FALSE STATEMENTS IN PROPOSALS IS PRESCRIBED IN 18 U.S.C. 1001.
PLEASE NOTE THAT PROPOSAL IS WE TO NAS CORPUS CHRISTI CONTRACTING OFFICER NOT LA I ER THAN 1:00 P.M C.S.T.ON 18
SEPTEMBER 2018.THERE ARE NO FUNDS AVAILABLE OR INTENDED FOR PRE-AWARD OR PROPOSAL PREPARATION COSTS.PROPOSALS
SHOULD BE EMAILED TO JOEL.OVERSON@NAVY.MIL
PERFORMANCE AND PAYMENT BONDS,AND CERTIFICATE OF INSURANCE,WILL BE REQUIRED WITHIN 15 CALENDAR DAYS AFI ER DATE
OF CONTRACT AWARD.BOTH BONDS SHALL BE IN THE AMOUNT OF 100%OF AWARD AMOUNT.
SITE VISIT:AN INSPECTION OF THE SITE WILL BE SCHEDULED.SEE PROJECT INFORMATION CONTAINED HERON FOR DETAILS.PROMPT
PAYMENT FOR CONSTRUCTION CONTRACTS FAR 52.232-27 APPLIES TO THIS CONTRACT.
11.The Contractor shall begin performance within 5 calendar days and complete it within 30 calendar days after receiving
award, ❑X notice to proceed. This performance period is ❑X mandatory, _ negotiable. (See .)
12 A.THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? 12B.CALENDAR DAYS
(If"YES,"indicate within how many calendar days after award in Item 128.)
15
EYES NO
13.ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by (hour)
local tirre (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,and the date and time offers are due.
B. An offer guarantee _ is, ❑X is not required.
C. All offers are subject to the(1)work requirements,and(2)other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than 30 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV.4-85)
d , ' Prescribed by GSA
• FAR(48 CFR)53.236-1(e)
•
SCANNED
•
_ SOLICITATION, OFFER, AND AWARD (Continued)
(Construction,Alteration,or Repair)
OFFER (Must be fully completed by offeror)
14.NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15.Tam IONE NO. (Include area code)
CORPUS CHRISTI,CITY OF
1201 LEPOARD ST
CORPUS CHRISTI TX78401-2120 16.REMITTANCE ADDRESS (Include only if different than Item 14)
See Item 14
CODE FACILITY CODE
3NWC7
17.The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation,if this offer is
accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
18.The offeror agrees to furnish any required performance and payment bonds.
19.ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of arrendnents to the solicitation--give nunter and date of each)
AMENDMENT NO.
DATE
20A.NAME AND TITLE OF I U tSON AUTHORIZED TO SIGN 20B.SIGNATURE 20C.OFFER DATE
OFFER (Type or print)
AWARD (To be completed by Government)
21.ITEMS ACCEPTED:
SEE SCHEDULE
22.AMOUNT 23.ACCOUNTING AND APPROFRIATION DATA
$232,411.38 See Schedule
24.SUBMIT INVOICES TO ADDRESS SI-OWN IN ITEM 25.OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
(4 copies unless otherwise specified) 1 N10 U.S.C.2304(c) (2) ❑41 U.S.C.253(c) 0
26.ADMNISTERED BY CODE I 27.PAYMENT WILL BE MADE BY: CODE I N68732
DFAS-CLEVELAND
ATTN:SB-39,ACCOUNTS PAYABLE
See Item 7 1240E9TH STREET
CLEVELAND OH 44199
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
E28.NEGOTIATEDAGRERvB'IT (Contractor is required to sign this 0 29.AWARD (Contractor is not required to sign this docurrent.)
docurrent and return 1 copies to issuing office.) Contractor agrees Your offer on this solicitation,is hereby accepted as to the items listed.This award con-
to furnish and deliver all items or perform all work,requisitions identified summates the contract,which consists of(a)the Government solicitation and
on this form and any continuation sheets for the consideration stated in this your offer,and(b)this contract award. No further contractual document is
contract. The rights and obligations of the parties to this contract shall be necessary.
governed by (a)this contract award,(b)the solicitation,and(c)the clauses,
representations,certifications,and specifications or incorporated by refer-
ence in or attached to this contract. REF:
31A. NAME OF CONTRACTING OFFICER (Type or print)
30A.NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED ���n�
TO SIGN (Type or print) •
. t� 3 t,g y
_ I/1 r • /Y� TEL: 3 v[—�� p� r•IL:CICZA.ie 71.2-3♦�t'v,\ ' Iw1
30B.SIGNATU'E 30C.DATE
lt
��/4 //f /� 316.U STATES OF
31C.AWARD cE E
/ BY Cunrn Or
�]�.
NSN 7541 I"-155- Ar e r•� • ATTEST; r NDARD Fe`1 1. c .4-85)
,4;71;BE a,LA
S y RET e,�t�
N6945019C4001
Page 3 of 30
Section SF 30-BLOCK 14 CONTINUATION PAGE
SCOPE CHANGE
AMENDMENT NO. 1
1. GENERAL DESCRIPTION:The Contractor shall provide all supervision, transportation, labor,
materials to accomplish the Amendment No. l's Objective(s). The purpose of this project
amendment is to:
1. Perform pressurized cleaning of up to a 2,950 linear foot equivalent section(s)of
existing eighteen-inch nominal diameter(18" nom. dia.)Clay Domestic Sewer Line
"west"from Manhole F44G7(Inv. 8.96)to Manhole F26(Inv. 5.78) (Please see
Attachment No. 1 for Project Location Map)This delivery order will perform a
thorough cleaning in order to facilitate an assessment of selected areas of the
Domestic Waste Conveyance utilizing equipment such as,for example, closed
circuit television (CCTV) resulting in a an analytical assessment report to
document cleaning and conditionally assess the primary eighteen- inch diameter
(18"dia.) Primary Domestic Waste Conveyance System.
2. Having completed the pressurized cleaning of said 2,950 linear foot equivalent
section(s)of existing eighteen-inch diameter(18"dia.)domestic sewer line,
perform an assessment of selected areas of the Domestic Waste Conveyance
utilizing equipment such as,for example, closed circuit television (CCTV) resulting
in an analytical assessment report to document cleaning and conditionally assess
the eighteen-inch diameter(18"dia.) Primary Domestic Waste Conveyance
System.
2. LOCATION: All work for this specific project amendment is specifically located along Avenue
"D"(from Manhole F44 to Manhole F29 and along 1st Street(from Manhole F29 to Manhole
F26) at the Corpus Christi Naval Air Station. Please See Attachment Number 1 for Project
Location(s).
3. PERIOD OF PERFORMANCE: The period of performance for this project
amendment is 10 additional calendar days. performance starts when the contract/task
order is awarded, and ends when the work is completed and accepted by the
Government.
4. ATTACHMENTS: The following sketch(s) are a part of this specification and shall not be used
for any purpose other than that contemplated by this contract:
Attachment Title
1 Project Location(s)
b(ri..03115 .11M... ..
,�wwsM
IT C,WICII, LI I3`' 1�
SECRETARY
N6945019C4001
Page 4 of 30
Section 00010-Solicitation Contract Form
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job $68,372.73 $68,372.73
CLEAN AND INSPECT SEWER LINE
FFP
FLUSH CLEAN AND CCTV INSPECTION OF SUSPECTED COLLAPSED
SEWER LINE IN ACCORDANCE WITH STATEMENT OF WORK.
FOB:Destination
NET AMT $68,372.73
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000101 $0.00
FUND ACRN AA
FFP
Funding Doc.No.N6945019RCC9101 Customer ACRN:
MILSTRIP:N6945019RCC9101
NET AMT $0.00
ACRN AA $68,372.73
CIN: 000000000000000000000000000000
N6945019C4001
Page 5 of 30
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Job $164,038.65 $164,038.65
REPAIR SEWER LINE
FFP
REPAIR SUSPECTED COLLAPSED SEWER MAIN LINE IN ACCORDANCE
WITH STATEMENT OF WORK.
FOB:Destination
NET AMT $164,038.65
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000201 $0.00
FUND ACRN AA
FFP
Funding Doc.No.N6945019RCC9101 Customer ACRN:
MILSTRIP:N6945019RCC9101
NET AMT $0.00
ACRN AA $164,038.65
CIN: 000000000000000000000000000000
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
000101 N/A N/A N/A N/A
0002 Destination Government Destination Government
000201 N/A N/A N/A N/A
N6945019C4001
Page 6 of 30
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC/
CAGE
0001 31-DEC-2018 1 PWD CORPUS CHRISTI N44215
INSPECTOR OF RECORD
8851 OCEAN DR,BLDG. 19
CORPUS CHRISTI TX 78419-5525
361-961-3397
FOB: Destination
000101 N/A N/A N/A N/A
0002 31-DEC-2018 1 PWD CORPUS CHRISTI N44215
INSPECTOR OF RECORD
8851 OCEAN DR,BLDG. 19
CORPUS CHRISTI TX 78419-5525
361-961-3397
FOB: Destination
000201 N/A N/A N/A N/A
N6945019C4001
Page 7 of 30
Section 00700-Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-8 Cancellation,Rescission,and Recovery of Funds for Illegal orMAY 2014
Improper Activity
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014
52.203-12 Limitation On Payments To Influence Certain Federal OCT 2010
Transactions
52.203-17 Contractor Employee Whistleblower Rights and Requirement APR 2014
To Inform Employees of Whistleblower Rights
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber MAY 2011
Content Paper
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier OCT 2015
Subcontract Awards
52.204-13 System for Award Management Maintenance JUL 2013
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016
52.204-19 Incorporation by Reference of Representations and DEC 2014
Certifications.
52.209-6 Protecting the Government's Interest When Subcontracting OCT 2015
With Contractors Debarred,Suspended,or Proposed for
Debarment
52.209-9 Updates of Publicly Available Information Regarding JUL 2013
Responsibility Matters
52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015
Corporations
52.211-12 Liquidated Damages--Construction SEP 2000
52.211-13 Time Extensions SEP 2000
52.211-15 Defense Priority And Allocation Requirements APR 2008
52.215-2 Audit and Records--Negotiation OCT 2010
52.215-9 Changes or Additions to Make-or-Buy Program OCT 1997
52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011
52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--AUG 2011
Modifications
52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010
52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits JUL 2005
(PRB)Other than Pensions
52.215-21 Requirements for Certified Cost or Pricing Data and Data OCT 2010
Other Than Certified Cost or Pricing Data--Modifications
52.215-23 Limitations on Pass-Through Charges OCT 2009
52.222-3 Convict Labor JUN 2003
52.222-4 Contract Work Hours and Safety Standards-Overtime MAY 2014
Compensation
52.222-6 Construction Wage Rate Requirements MAY 2014
52.222-7 Withholding of Funds MAY 2014
52.222-8 Payrolls and Basic Records MAY 2014
52.222-9 Apprentices and Trainees JUL 2005
52.222-10 Compliance with Copeland Act Requirements FEB 1988
N6945019C4001
Page 8 of 30
52.222-11 Subcontracts(Labor Standards) MAY 2014
52.222-12 Contract Termination-Debarment MAY 2014
52.222-13 Compliance With Construction Wage Rate Requirements and MAY 2014
Related Regulations
52.222-14 Disputes Concerning Labor Standards FEB 1988
52.222-15 Certification of Eligibility MAY 2014
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-26 Equal Opportunity APR 2015
52.222-27 Affirmative Action Compliance Requirements for APR 2015
Construction
52.222-35 Equal Opportunity for Veterans OCT 2015
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-37 Employment Reports on Veterans FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor DEC 2010
Relations Act
52.222-50 Combating Trafficking in Persons MAR 2015
52.222-54 Employment Eligibility Verification OCT 2015
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-6 Drug-Free Workplace MAY 2001
52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007
52.223-17 Affirmative Procurement of EPA-Designated Items in Service MAY 2008
and Construction Contracts
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-1 Authorization and Consent DEC 2007
52.227-2 Notice And Assistance Regarding Patent And Copyright DEC 2007
Infringement
52.227-4 Patent Indemnity-Construction Contracts DEC 2007
52.228-2 Additional Bond Security OCT 1997
52.228-5 Insurance-Work On A Government Installation JAN 1997
52.228-11 Pledges Of Assets JAN 2012
52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014
52.228-15 Performance and Payment Bonds--Construction OCT 2010
52.229-3 Federal,State And Local Taxes FEB 2013
52.229-4 Federal,State,And Local Taxes(State and Local FEB 2013
Adjustments)
52.230-2 Cost Accounting Standards OCT 2015
52.230-3 Disclosure And Consistency Of Cost Accounting Practices OCT 2015
52.230-6 Administration of Cost Accounting Standards JUN 2010
52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014
52.232-17 Interest MAY 2014
52.232-23 Alt I Assignment of Claims(May 2014)- Alternate I APR 1984
52.232-27 Prompt Payment for Construction Contracts MAY 2014
52.232-33 Payment by Electronic Funds Transfer--System for Award JUL 2013
Management
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.233-1 Disputes MAY 2014
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.236-2 Differing Site Conditions APR 1984
52.236-3 Site Investigation and Conditions Affecting the Work APR 1984
52.236-4 Physical Data APR 1984
52.236-5 Material and Workmanship APR 1984
52.236-6 Superintendence by the Contractor APR 1984
52.236-7 Permits and Responsibilities NOV 1991
52.236-8 Other Contracts APR 1984
N6945019C4001
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52.236-9 Protection of Existing Vegetation,Structures,Equipment, APR 1984
Utilities,and Improvements
52.236-10 Operations and Storage Areas APR 1984
52.236-11 Use and Possession Prior to Completion APR 1984
52.236-12 Cleaning Up APR 1984
52.236-13 Accident Prevention NOV 1991
52.236-14 Availability and Use of Utility Services APR 1984
52.236-15 Schedules for Construction Contracts APR 1984
52.236-17 Layout of Work APR 1984
52.236-21 Specifications and Drawings for Construction FEB 1997
52.236-26 Preconstruction Conference FEB 1995
52.242-13 Bankruptcy JUL 1995
52.242-14 Suspension of Work APR 1984
52.242-15 Stop-Work Order AUG 1989
52.242-17 Government Delay Of Work APR 1984
52.243-4 Changes JUN 2007
52.246-12 Inspection of Construction AUG 1996
52.246-21 Warranty of Construction MAR 1994
52.248-1 Value Engineering OCT 2010
52.248-3 Value Engineering-Construction OCT 2015
52.249-2 Termination For Convenience Of The Government(Fixed- APR 2012
Price)
52.249-10 Default(Fixed-Price Construction) APR 1984
52.253-1 Computer Generated Forms JAN 1991
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011
Officials
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-DEC 2008
Contract-Related Felonies
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7006 Billing Instructions OCT 2005
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By OCT 2015
The Government of a Country that is a State Sponsor of
Terrorism
252.215-7000 Pricing Adjustments DEC 2012
252.215-7002 Cost Estimating System Requirements DEC 2012
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010
252.223-7001 Hazard Warning Labels DEC 1991
252.223-7004 Drug Free Work Force SEP 1988
252.225-7012 Preference For Certain Domestic Commodities FEB 2013
252.225-7048 Export-Controlled Items JUN 2013
252.227-7022 Government Rights(Unlimited) MAR 1979
252.227-7033 Rights in Shop Drawings APR 1966
252.231-7000 Supplemental Cost Principles DEC 1991
252.232-7003 Electronic Submission of Payment Requests and Receiving JUN 2012
Reports
252.232-7010 Levies on Contract Payments DEC 2006
252.236-7000 Modification Proposals-Price Breakdown DEC 1991
252.236-7001 Contract Drawings,and Specifications AUG 2000
252.236-7002 Obstruction of Navigable Waterways DEC 1991
252.236-7005 Airfield Safety Precautions DEC 1991
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.245-7002 Reporting Loss of Government Property APR 2012
N6945019C4001
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252.245-7004 Reporting,Reutilization,and Disposal MAR 2015
252.247-7023 Transportation of Supplies by Sea APR 2014
252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
CLAUSES INCORPORATED BY FULL TEXT
52.202-1 DEFINITIONS(NOV 2013)
When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition
Regulation(FAR),the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the
solicitation was issued,unless--
(a)The solicitation,or amended solicitation,provides a different definition;
(b)The contracting parties agree to a different definition;
(c)The part,subpart,or section of the FAR where the provision or clause is prescribed provides a different meaning;
or
(d)The word or term is defined in FAR Part 31,for use in the cost principles and procedures.
(End of clause)
52.211-10 COMMENCEMENT,PROSECUTION,AND COMPLETION OF WORK(APR 1984)
The Contractor shall be required to(a)commence work under this contract within 1 calendar day 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 the contract completion date. * The time stated for completion shall include final cleanup
of the premises.
(End of clause)
52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658(DEC 2015)
(a)Definitions. As used in this clause--
"United States"means the 50 states and the District of Columbia.
"Worker"--
(1)Means any person engaged in performing work on,or in connection with,a contract covered by Executive Order
13658,and--
(i)Whose wages under such contract are governed by the Fair Labor Standards Act(29 U.S.C.chapter 8),the
Service Contract Labor Standards statute(41 U.S.C.chapter 67),or the Wage Rate Requirements(Construction)
statute(40 U.S.C.chapter 31,subchapter IV);
N6945019C4001
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(ii)Other than individuals employed in a bona fide executive,administrative,or professional capacity,as those
terms are defined in 29 CFR part 541;
(iii)Regardless of the contractual relationship alleged to exist between the individual and the employer.
(2)Includes workers performing on,or in connection with,the contract whose wages are calculated pursuant to
special certificates issued under 29 U.S.C.214(c).
(3)Also includes any person working on,or in connection with,the contract and individually registered in a bona
fide apprenticeship or training program registered with the Department of Labor's Employment and Training
Administration,Office of Apprenticeship,or with a State Apprenticeship Agency recognized by the Office of
Apprenticeship.
(b)Executive Order minimum wage rate.(1)The Contractor shall pay to workers,while performing in the United
States,and performing on,or in connection with,this contract,a minimum hourly wage rate of$10.10 per hour
beginning January 1,2015.
(2) The Contractor shall adjust the minimum wage paid,if necessary,beginning January 1,2016,and annually
thereafter,to meet the applicable annual E.O.minimum wage.The Administrator of the Department of Labor's
Wage and Hour Division(the Administrator)will publish annual determinations in the Federal Register no later than
90 days before the effective date of the new E.O.minimum wage rate.The Administrator will also publish the
applicable E.O.minimum wage on www.wdol.gov(or any successor Web site),and a general notice on all
wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements
(Construction)statute,that will provide information on the E.O.minimum wage and how to obtain annual
updates.The applicable published E.O.minimum wage is incorporated by reference into this contract.
(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O.minimum
wage determination.Prices will be adjusted only for increased labor costs(including subcontractor labor costs)as a
result of an increase in the annual E.O.minimum wage,and for associated labor costs(including those for
subcontractors).Associated labor costs shall include increases or decreases that result from changes in social
security and unemployment taxes and workers'compensation insurance,but will not otherwise include any amount
for general and administrative costs,overhead,or profit.
(ii)Subcontractors may be entitled to adjustments due to the new minimum wage,pursuant to paragraph(b)(2).
Contractors shall consider any subcontractor requests for such price adjustment.
(iii)The Contracting Officer will not adjust the contract price under this clause for any costs other than those
identified in paragraph(b)(3)(i)of this clause,and will not provideduplicate price adjustments with any price
adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate
Requirements(Construction)statute.
(4)The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover
increased costs for which adjustment is provided under this clause.
(5)A pay period under this clause may not be longer than semi-monthly,but may be shorter to comply with any
applicable law or other requirement under this contract establishing a shorter pay period.Workers shall be paid no
later than one pay period following the end of the regular pay period in which such wages were earned or
accrued.
(6)The Contractor shall pay,unconditionally to each worker,all wages due free and clear without subsequent rebate
or kickback.The Contractor may make deductions that reduce a worker's wages below the E.O.minimum wage rate
only if done in accordance with 29 CFR 10.23,Deductions.
N6945019C4001
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(7)The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing
fringe benefits or,with respect to workers whose wages are governed by the Service Contract Labor Standards
statute,the cash equivalent thereof.
(8)Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State
prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the
E.O.minimum wage.However,wage increases under such other laws or municipal ordinances are not subject to
price adjustment under this subpart.
(9)The Contractor shall pay the E.O.minimum wage rate whenever it is higher than any applicable collective
bargaining agreement(s)wage rate.
(10)The Contractor shall follow the policies and procedures in 29 CFR 10.24(b)and 10.28 for treatment of workers
engaged in an occupation in which they customarily and regularly receive more than$30 a month in tips.
(c)(1)This clause applies to workers as defined in paragraph(a).As provided in that definition--
(i)Workers are covered regardless of the contractual relationship alleged to exist between the contractor or
subcontractor and the worker;
(ii)Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C.
214(c)are covered;and
(iii)Workers who are registered in a bona fide apprenticeship program or training program registered with the
Department of Labor's Employment and Training Administration,Office of Apprenticeship,or with a State
Apprenticeship Agency recognized by the Office of Apprenticeship,are covered.
(2)This clause does not apply to--
(i)Fair Labor Standards Act(FLSA)-covered individuals performing in connection with contracts covered by the
E.O.,i.e.those individuals who perform duties necessary to the performance of the contract,but who are not directly
engaged in performing the specific work called for by the contract,and who spend less than 20
percent of their hours worked in a particular workweek performing in connection with such contracts;
(ii)Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C.213(a)and 214(a)
and(b),unless otherwise covered by the Service Contract Labor Standards statute,or the Wage Rate Requirements
(Construction)statute.These individuals include but are not limited to--
(A)Learners,apprentices,or messengers whose wages are calculated pursuant to special certificates issued under 29
U.S.C.214(a).
(B)Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C.214(b).
(C)Those employed in a bona fide executive,administrative,or professional capacity(29 U.S.C.213(a)(1)and 29
CFR part 541).
(d)Notice.The Contractor shall notify all workers performing work on,or in connection with,this contract of the
applicable E.O.minimum wage rate under this clause.With respect to workers covered by the Service Contract
Labor Standards statute or the Wage Rate Requirements(Construction)statute,the Contractor may meet this
requirement by posting,in a prominent and accessible place at the worksite,the applicable wage determination
under those statutes.With respect to workers whose wages are governed by the FLSA,the Contractor shall post
notice,utilizing the poster provided by the Administrator,which can be obtained at www.dol.gov/whd/govcontracts,
in a prominent and accessible place at the worksite.Contractors that customarily post notices to workers
electronically may post the notice electronically provided the electronic posting is displayed prominently on any
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Web site that is maintained by the contractor,whether external or internal,and customarily used for notices to
workers about terms and conditions of employment.
(e)Payroll Records.(1)The Contractor shall make and maintain records,for three years after completion of the
work,containing the following information for each worker:
(i)Name,address,and social security number;
(ii)The worker's occupation(s)or classification(s);
(iii)The rate or rates of wages paid;
(iv)The number of daily and weekly hours worked by each worker;
(v)Any deductions made;and
(vi)Total wages paid.
(2)The Contractor shall make records pursuant to paragraph(e)(1)of this clause available for inspection and
transcription by authorized representatives of the Administrator.The Contractor shall also make such records
available upon request of the Contracting Officer.
(3)The Contractor shall make a copy of the contract available,as applicable,for inspection or transcription by
authorized representatives of the Administrator.
(4)Failure to comply with this paragraph(e)shall be a violation of 29 CFR 10.26 and this contract.Upon direction
of the Administrator or upon the Contracting Officer's own action,payment shall be withheld until such time as the
noncompliance is corrected.
(5)Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any,
under the Service Contract Labor Standards statute,the Wage Rate Requirements(Construction)statute,the Fair
Labor Standards Act,or any other applicable law.
(f)Access.The Contractor shall permit authorized representatives of the Administrator to conduct investigations,
including interviewing workers at the worksite during normal working hours.
(g)Withholding.The Contracting Officer,upon his or her own action or upon written request of the Administrator,
will withhold funds or cause funds to be withheld,from the Contractor under this or any other Federal contract with
the same Contractor,sufficient to pay workers the full amount of wages required by this clause.
(h)Disputes.Department of Labor has set forth in 29 CFR 10.51,Disputes concerning contractor compliance,the
procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29
CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this
contract.These disputes include disputes between the Contractor(or any of its subcontractors)and the
contracting agency,the Department of Labor,or the workers or their representatives.
(i)Antiretaliation.The Contractor shall not discharge or in any other manner discriminate against any worker
because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related
to compliance with the E.O.or this clause,or has testified or is about to testify in any such proceeding.
(j)Subcontractor compliance.The Contractor is responsible for subcontractor compliance with the requirements of
this clause and may be held liable for unpaid wages due subcontractor workers.
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(k)Subcontracts.The Contractor shall include the substance of this clause,including this paragraph(k)in all
subcontracts,regardless of dollar value,that are subject to the Service Contract Labor Standards statute or the Wage
Rate Requirements(Construction)statute,and are to be performed in whole or in part in the United
States.
(End of clause)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING
(AUG 2011)
(a)Definitions.As used in this clause--
Driving—
(1)Means operating a motor vehicle on an active roadway with the motor running, including while temporarily
stationary because of traffic,a traffic light,stop sign,or otherwise.
(2)Does not include operating a motor vehicle with or without the motor running when one has pulled over to the
side of,or off,an active roadway and has halted in a location where one can safely remain stationary.
Text messaging means reading from or entering data into any handheld or other electronic device,including for the
purpose of short message service texting,e-mailing,instant messaging,obtaining navigational information,or
engaging in any other form of electronic data retrieval or electronic data communication.The term does not include
glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the
vehicle,provided that the destination and route are programmed into the device either before driving or while
stopped in a location off the roadway where it is safe and legal to park.
(b)This clause implements Executive Order 13513,Federal Leadership on Reducing Text Messaging while Driving,
dated October 1,2009.
(c)The Contractor is encouraged to--
(1)Adopt and enforce policies that ban text messaging while driving--
(i)Company-owned or-rented vehicles or Government-owned vehicles;or
(ii)Privately-owned vehicles when on official Government business or when performing any work for or on behalf
of the Government.
(2)Conduct initiatives in a manner commensurate with the size of the business, such as--
(i)Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while
driving;and
(ii)Education,awareness,and other outreach to employees about the safety risks associated with texting while
driving.
(d)Subcontracts.The Contractor shall insert the substance of this clause, including this paragraph(d), in all
subcontracts that exceed the micro-purchase threshold.
(End of clause)
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52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS(MAY 2014)
(a)Definitions. As used in this clause--
Commercially available off-the-shelf(COTS)item—
(1)Means any item of supply(including construction material)that is--
(i)A commercial item(as defined in paragraph(1)of the definition at FAR 2.101);
(ii)Sold in substantial quantities in the commercial marketplace;and
(iii)Offered to the Government,under a contract or subcontract at any tier,without modification,in the same form
in which it is sold in the commercial marketplace;and
(2)Does not include bulk cargo,as defined in 46 U.S.C.40102(4)such as agricultural products and petroleum
products.
Component means an article,material,or supply incorporated directly into a construction material.
Construction material means an article,material,or supply brought to the construction site by the Contractor or a
subcontractor for incorporation into the building or work.The term also includes an item brought to the site
preassembled from articles,materials,or supplies.However,emergency life safety systems,such as emergency
lighting,fire alarm,and audio evacuation systems,that are discrete systems incorporated into a public building or
work and that are produced as complete systems,are evaluated as a single and distinct construction material
regardless of when or how the individual parts or components of those systems are delivered to the construction site.
Materials purchased directly by the Government are supplies,not construction material.
Cost of components means--
(1)For components purchased by the Contractor,the acquisition cost,including transportation costs to the place of
incorporation into the construction material(whether or not such costs are paid to a domestic firm),and any
applicable duty(whether or not a duty-free entry certificate is issued);or
(2)For components manufactured by the Contractor,all costs associated with the manufacture of the component,
including transportation costs as described in paragraph(1)of this definition,plus allocable overhead costs,but
excluding profit.Cost of components does not include any costs associated with the
manufacture of the construction material.
Domestic construction material means--
(1)An unmanufactured construction material mined or produced in the United States;
(2)A construction material manufactured in the United States,if--
(i)The cost of its components mined,produced,or manufactured in the United States exceeds 50 percent of the cost
of all its components.Components of foreign origin of the same class or kind for which nonavailability
determinations have been made are treated as domestic;or
(ii)The construction material is a COTS item.
Foreign construction material means a construction material other than a domestic construction material.
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United States means the 50 States,the District of Columbia,and outlying areas.
(b)Domestic preference.
(1)This clause implements 41 U.S.C.chapter 83,Buy American,by providing a preference for domestic
construction material.In accordance with 41 U.S.C. 1907,the component test of the Buy American
statute is waived for construction material that is a COTS item.(See FAR 12.505(a)(2)).The Contractor shall use
only domestic construction material in performing this contract,except as provided in paragraphs(b)(2)and(b)(3)
of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction
materials or components listed by the Government as follows:
(3)The Contracting Officer may add other foreign construction material to the list in paragraph(b)(2)of this clause
if the Government determines that
(i)The cost of domestic construction material would be unreasonable.The cost of a particular domestic construction
material subject to the requirements of the Buy American Act is unreasonable when the cost of such material
exceeds the cost of foreign material by more than 6 percent;
(ii)The application of the restriction of the Buy American Act to a particular construction material would be
impracticable or inconsistent with the public interest;or
(iii)The construction material is not mined,produced,or manufactured in the United States in sufficient and
reasonably available commercial quantities of a satisfactory quality.
(c)Request for determination of inapplicability of the Buy American Act.(1)(i)Any Contractor request to use
foreign construction material in accordance with paragraph(b)(3)of this clause shall include adequate information
for Government evaluation of the request,including--
(A)A description of the foreign and domestic construction materials;
(B)Unit of measure;
(C)Quantity;
(D)Price;
(E)Time of delivery or availability;
(F)Location of the construction project;
(G)Name and address of the proposed supplier;and
(H)A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph
(b)(3)of this clause.
(ii)A request based on unreasonable cost shall include a reasonable survey of the market and a completed price
comparison table in the format in paragraph(d)of this clause.
(iii)The price of construction material shall include all delivery costs to the construction site and any applicable
duty(whether or not a duty-free certificate may be issued).
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(iv)Any Contractor request for a determination submitted after contract award shall explain why the Contractor
could not reasonably foresee the need for such determination and could not have requested the determination before
contract award.If the Contractor does not submit a satisfactory explanation,the Contracting Officer need not make a
determination.
(2)If the Government determines after contract award that an exception to the Buy American statute applies and the
Contracting Officer and the Contractor negotiate adequate consideration,the Contracting Officer will modify the
contract to allow use of the foreign construction material.However,when the basis for the exception is the
unreasonable price of a domestic construction material,adequate consideration is not less than the differential
established in paragraph(b)(3)(i)of this clause.
(3)Unless the Government determines that an exception to the Buy American statute applies,use of foreign
construction material is noncompliant with the Buy American statute.
(d)Data.To permit evaluation of requests under paragraph(c)of this clause based on unreasonable cost,the
Contractor shall include the following information and any applicable supporting data based on the survey of
suppliers:
Foreign and Domestic Construction Materials Price Comparison
Construction material description Unit of measure Quantity Price(dollars)\1\
Item 1
Foreign construction material....
Domestic construction material...
Item 2
Foreign construction material....
Domestic construction material...
Include all delivery costs to the construction site and any applicable duty(whether or not a duty-free entry certificate
is issued).
List name,address,telephone number,and contact for suppliers surveyed.Attach copy of response;if oral,attach
summary.
Include other applicable supporting information.
(End of clause)
52.243-7 NOTIFICATION OF CHANGES(APR 1984)
(a)Definitions.
"Contracting Officer,"as used in this clause,does not include any representative of the Contracting Officer.
"Specifically authorized representative(SAR)," as used in this clause,means any person the Contracting Officer has
so designated by written notice(a copy of which shall be provided to the Contractor)which shall refer to this
subparagraph and shall be issued to the designated representative before the SAR exercises such authority.
(b)Notice.The primary purpose of this clause is to obtain prompt reporting of Government conduct that the
Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and
signed by the Contracting Officer,the Contractor shall notify the Administrative Contracting Officer in writing,
within 5 calendar days from the date that the Contractor identifies any Government conduct(including actions,
inactions,and written or oral communications)that the Contractor regards as a change to the contract terms and
conditions.On the basis of the most accurate information available to the Contractor,the notice shall state--
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(1)The date,nature,and circumstances of the conduct regarded as a change;
(2)The name,function,and activity of each Government individual and Contractor official or employee involved in
or knowledgeable about such conduct;
(3)The identification of any documents and the substance of any oral communication involved in such conduct;
(4)In the instance of alleged acceleration of scheduled performance or delivery,the basis upon which it arose;
(5)The particular elements of contract performance for which the Contractor may seek an equitable adjustment
under this clause,including--
(i)What contract line items have been or may be affected by the alleged change;
(ii)What labor or materials or both have been or may be added,deleted,or wasted by the alleged change;
(iii)To the extent practicable,what delay and disruption in the manner and sequence of performance and effect on
continued performance have been or may be caused by the alleged change;
(iv)What adjustments to contract price,delivery schedule,and other provisions affected by the alleged change are
estimated;and
(6)The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to
minimize cost,delay or disruption of performance.
(c)Continued performance. Following submission of the notice required by(b)above,the Contractor shall
diligently continue performance of this contract to the maximum extent possible in accordance with its terms and
conditions as construed by the Contractor,unless the notice reports a direction of the Contracting Officer or a
communication from a SAR of the Contracting Officer,in either of which events the Contractor shall continue
performance;provided,however,that if the Contractor regards the direction or communication as a change as
described in(b)above,notice shall be given in the manner provided. All directions,communications,
interpretations,orders and similar actions of the SAR shall be reduced to writing and copies furnished to the
Contractor and to the Contracting Officer. The Contracting Officer shall countermand any action which exceeds the
authority of the SAR.
(d)Government response. The Contracting Officer shall promptly,within 5 calendar days after receipt of notice,
respond to the notice in writing. In responding,the Contracting Officer shall either--
(1)Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the
mode of further performance;
(2)Countermand any communication regarded as a change;
(3)Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the
mode of further performance;or
(4)In the event the Contractor's notice information is inadequate to make a decision under(1),(2),or(3)above,
advise the Contractor what additional information is required,and establish the date by which it should be furnished
and the date thereafter by which the Government will respond.
(e)Equitable adjustments.
(1)If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor,and
the conduct causes an increase or decrease in the Contractor's cost of,or the time required for,performance of any
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part of the work under this contract,whether changed or not changed by such conduct,an equitable adjustment shall
be made--
(i)In the contract price or delivery schedule or both;and
(ii)In such other provisions of the contract as may be affected.
(2)The contract shall be modified in writing accordingly. In the case of drawings,designs or specifications which
are defective and for which the Government is responsible,the equitable adjustment shall include the cost and time
extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings,
designs or specifications before the Contractor identified,or reasonably should have identified,such defect. When
the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this
clause is included in the equitable adjustment,the Contracting Officer shall have the right to prescribe the manner of
disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay
resulting from the Contractor's failure to provide notice or to continue performance as provided,respectively,in(b)
and(c)above.
Note: The phrases"contract price"and"cost"wherever they appear in the clause,may be appropriately modified to
apply to cost-reimbursement or incentive contracts,or to combinations thereof.
(End of clause)
52.252-2 CLAUSES INCORPORATED BY REFERENCE(FEB 1998)
This contract incorporates one or more clauses by reference,with the same force and effect as if they were given in
full text.Upon request,the Contracting Officer will make their full text available.Also,the full text of a clause may
be accessed electronically at this/these address(es):
FAR: https://farsite.hil l.af.mil; http://www.arnet.gov/far;
DFARS: http://www.acq.osd.mil/dpap/dars/index.html
NMCARS: http://acquisition.navy.mil/policy_and_guidance/nmcars_nmcag
NFAS: http://acq.navfac.navy.mil
(End of clause)
FAC 5252.209-9300 ORGANIZATIONAL CONFLICTS OF INTEREST (JUN 1994)
The restrictions described herein shall apply to the Contractor and its affiliates,consultants and
subcontractors under this contract. If the Contractor under this contract prepares or assists in preparing a statement
of work,specifications and plans,the Contractor and its affiliates shall be ineligible to bid or participate, in any
capacity,in any contractual effort which is based on such statement of work or specifications and plans as a prime
contractor,subcontractor,consultant or in any similar capacity. The Contractor shall not incorporate its products or
services in such statement of work or specification unless so directed in writing by the Contracting Officer,in which
case the restriction shall not apply. This contract shall include this clause in its subcontractors'or consultants'
agreements concerning the performance of this contract.
5252.228-9302 BID GUARANTEE(JAN 1996)
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To assure the execution of the contract and the performance and payment bonds,each bidder/offeror shall submit with its
bid/offer a guarantee bond(Standard Form 24)executed by a surety company holding a certificate of authority from the
Secretary of the Treasury as an acceptable surety, or other security as provided in FAR Clause 52.228-1, "Bid
Guarantee". Security shall be in a penal sum equal to at least 20 percent of the largest amount for which award can be
made under the bid submitted,but in no case to exceed$3,000,000. The bid guarantee bond shall be accompanied by a
document authenticating the agent's authority to sign bonds for the surety company.
FAC 5252.228-9305 NOTICE OF BONDING REQUIREMENTS(DEC 2000)
(a) Within_15_days after receipt of award,the bidder/offeror to whom the award is made shall furnish the
following bond(s)each with satisfactory security:
_X_A Performance Bond(Standard Form 25). The performance bond shall be in a
penal sum equal to 100%percent of the contract price.
_X_A Payment Bond(Standard Form 25A). The payment bond shall be in a penal sum equal to 100%of
the contract price.
(b) Any surety company holding a certificate of authority from the Secretary of Treasury as an acceptable
Surety on Federal bonds will be accepted. Individual sureties will be permitted as prescribed in FAR 28.203 and
FAC 5252.228-9300. Alternative types of security in lieu of furnishing sureties on performance and/or payment
bonds will be permitted as prescribed in FAR 28.204,and will be held for at least one year after the completion of
the contract. Additional bond security may be required as prescribed in FAR 52.228-2. Bonds shall be
accompanied by a document authenticating the agent's authority to sign bonds for the surety company.
(c) The contract time for purposes of fixing the completion date,default,and liquidated damages shall begin to
run days from the date of award,regardless of when performance and payment bonds or deposits in lieu of
surety are executed.
5252.232-9301 INVOICING PROCEDURES ELECTRONIC(NOV 2009)
(a)In accordance with DFARS Clause 252.232-7003 titled"Electronic Submission of Payment Requests",
this contract/order requires use of the DoD Wide Area Workflow(WAWF)system for the submission of invoices.
This web-based system,located at https://wawf.eb.mil,provides the technology for Government contractors and
authorized Department of Defense(DoD)personnel to generate,capture and process receipt and payment-related
documentation in a paperless environment.Invoices rendered under this contract shall be submitted electronically
through WAWF.Submission of hard copy DD250/invoices will no longer be accepted for payment.
(b)It is recommended that the person in your company designated as the Central
Contractor Registration(CCR)Electronic Business Point of Contact(EBPOC),and anyone responsible for the
submission of invoices,use the online training system for WAWF at http://wawftraining.com.The Vendor,Group
Administrator(GAM),and sections marked with an asterisk in the training system should be reviewed.
Additional Vendor information is also available at
http://acquisition.navy.mil/rda/home/acquisition one source/ebusiness/don ebusiness solutions/wawf overview/ve
ndor information.Here you will find information on"Getting Started"as well as"Quick Reference Guides".
(c)Within ten(10)days after award,the designated CCR EBPOC is responsible for activating the company's
CAGE code in WAWF by calling 1-866-618-5988 for the DISA WAWF Helpdesk,email address
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cscassig@csd.disa.mil.Once the company's CAGE code is activated,the CCR EBPOC must self-register under the
company's CAGE code on WAWF and follow the instructions for a group administrator.After the company is set-
up on WAWF,any additional persons responsible for submitting invoices must self-register under the company's
CAGE code at https://wawf.eb.mil.
(d)The contractor shall use the following document type,DODAAC codes with
corresponding extensions,and inspection and acceptance locations when submitting invoices in WAWF:
SEE WAWF CLAUSE
Note: Supporting documentation must be attached.File names cannot contain spaces or special characters,
except underscore" "which is an acceptable character.There is NO maximum to the number of files that can be
attached to an invoice,however EACH file is limited to a maximum file size UNDER 2 megabytes.
(e)Before closing out of an invoice session in WAWF,but after submitting the document(s),you will be
prompted to"Send More Email Notifications."Select"Send More Email Notification"and add additional email
addresses noted above in the first email address blocks.This additional notification to the Government is important
to ensure that the specific acceptor/receiver is aware the invoice documents have been submitted into WAWF.
(f)If you have any questions regarding WAWF,please contact the WAWF DFAS helpdesk at 877-251-WAWF
(9293)or email address of CCL-EC-Navy-WAWF-helpdesk@dfas.mil,or the NAVFAC WAWF point of contact
identified above in section(d). (End of clause)
FAC 5252.236-9301 SPECIAL WORKING CONDITIONS AND ENTRY TO WORK AREA(JUN 1994)
Denial of entry to the work areas under this contract may be required by the Government under certain circumstances
where the Contractor's work or presence would constitute a safety or security hazard to ordnance storage or handling
operations. Restrictions covering entry to and availability of the work areas are as follows:
a. Entry. Entry to work areas located within the special Security Limited areas,defined as those work areas located
within the existing security fence, can be granted subject to special personnel requirements as specified herein and to
other normal security and safety requirements. Complete denial of entry to the Limited Area may be required during
brief periods of one to two hours (normally) and on rare occasions of two to four hours. For bidding purposes, the
Contractor shall assume denial of entry to the work areas in the Limited Area of six 2-hour denials and one 4-hour denial
per month.
b. Vehicle Delay. The Contractor shall also assume for bidding purposes that,in addition to site denial,each vehicle
and/or unit of construction equipment will be delayed during each movement through the security gate,both entering and
leaving the limited area. Delays will average 1 Hour
Operational Considerations. To reduce delay time while preserving required security,the following points should be
considered in operational planning:
a. Vehicle Search. Security regulations required that all vehicles, when authorized to enter the Limited Area be
thoroughly searched by guard force personnel. Such a search will be required for all vehicle/construction equipment.
Accordingly,once a vehicle or unit of construction equipment has been cleared,it may be left in the Limited Area after
initial entry has been made. For the period of time authorized the vehicle/equipment left in the Limited Area will be
assigned parking areas by the Contracting Officer. The vehicle/equipment must be secured as specified in paragraph
entitled"SECURITY REQUIREMENTS." The intent is to reduce the Contractor loss of time at the security gate. No
private vehicles will be allowed to enter the Limited Area.
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b. Delivery Vehicles. Vehicles delivering construction materials will be inspected by guard force personnel while
the driver is being processed for entry into the Limited Area. The driver and vehicle will then be escorted in the Limited
Area by a Security Escort. To provide this service, delivery schedules should be promulgated in advance and vendors
made aware that a reasonable delay can be expected if delivery is other than the time specified. Deliveries after 1600
hours will not be allowed entry into the Limited Area without prior approval of the Physical Security Officer.
5252.236-9310-RECORD DRAWINGS(OCT 2004)
The Contractor shall maintain at the job site two sets of full-size prints of the contract drawings,accurately marked
in red with adequate dimensions,to show all variations between the construction actually provided and that
indicated or specified in the contract documents,including buried or concealed construction. Special attention shall
be given to recording the horizontal and vertical location of all buried utilities that differ from the final government-
accepted drawings. Existing utility lines and features revealed during the course of construction,shall also be
accurately located and dimensioned.Variations in the interior utility systems shall be clearly defined and
dimensioned;and coordinated with exterior utility connections at the building five-foot line,where applicable.
Existing topographic features which differ from those shown on the contract drawings shall also be accurately
located and recorded.Where a choice of materials or methods is permitted herein,or where variations in scope or
character of methods is permitted herein,or where variations in scope or character of work from that of the original
contract are authorized,the drawings shall be marked to define the construction actually provided. The
representations of such changes shall conform to standard drafting practice and shall include such supplementary
notes,legends,and details as necessary to clearly portray the as-built construction. These drawings shall be
available for review by the Contracting Officer at all times. Upon completion of the work,both sets of the marked
up prints shall be certified as correct,signed by the Contractor,and delivered to the Contracting Officer for his
approval before acceptance. Requests for partial payments will not be approved if the marked prints are not kept
current,and request for final payment will not be approved until the marked prints are delivered to the Contracting
Officer. (End of clause)
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Section 00800-Special Contract Requirements
WAGE DETERMINATION
General Decision Number: TX180342 09/14/2018 TX342
Superseded General Decision Number: TX20170342
State: Texas
Construction Type: Building
Counties: Aransas, Nueces and San Patricio Counties in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories) .
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.35 for calendar year 2018 applies to all contracts
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after January
1, 2015. If this contract is covered by the EO, the contractor
must pay all workers in any classification listed on this wage
determination at least $10.35 per hour (or the applicable wage
rate listed on this wage determination, if it is higher) for
all hours spent performing on the contract in calendar year
2018. The EO minimum wage rate will be adjusted annually.
Please note that this EO applies to the above-mentioned types
of contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but it does not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1 (a) (2) - (60) . Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2018
1 09/14/2018
BOIL0074-003 01/01/2017
Rates Fringes
BOILERMAKER $ 28.00 22.35
ELECO278-002 08/28/2016
Rates Fringes
ELECTRICIAN $ 25.20 7.91
ENGI0178-005 06/01/2014
Rates Fringes
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POWER EQUIPMENT OPERATOR
(1) Tower Crane $ 29.00 10.60
(2) Cranes with Pile
Driving or Caisson
Attachment and Hydraulic
Crane 60 tons and above $ 28.75 10. 60
(3) Hydraulic cranes 59
Tons and under $ 27.50 10.60
* IRON0084-011 06/01/2018
Rates Fringes
IRONWORKER, ORNAMENTAL $ 23.77 7.12
SUTX2014-068 07/21/2014
Rates Fringes
BRICKLAYER $ 20.04 0.00
CARPENTER $ 15.21 0.00
CEMENT MASON/CONCRETE FINISHER $ 15.33 0.00
INSULATOR - MECHANICAL
(Duct, Pipe & Mechanical
System Insulation) $ 19.77 7 .13
IRONWORKER, REINFORCING $ 12.27 0.00
IRONWORKER, STRUCTURAL $ 22.16 5.26
LABORER: Common or General $ 9. 68 0.00
LABORER: Mason Tender - Brick $ 11.36 0.00
LABORER: Mason Tender -
Cement/Concrete $ 10.58 0.00
LABORER: Pipelayer $ 12.49 2.13
LABORER: Roof Tearoff $ 11.28 0.00
OPERATOR:
Backhoe/Excavator/Trackhoe $ 14.25 0.00
OPERATOR: Bobcat/Skid
Steer/Skid Loader $ 13.93 0.00
OPERATOR: Bulldozer $ 18.29 1.31
OPERATOR: Drill $ 16.22 0.34
OPERATOR: Forklift $ 14 .83 0.00
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OPERATOR: Grader/Blade $ 13.37 0.00
OPERATOR: Loader $ 13.55 0.94
OPERATOR: Mechanic $ 17.52 3.33
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) $ 16.03 0.00
OPERATOR: Roller $ 12.70 0.00
PAINTER (Brush, Roller, and
Spray) $ 14 .45 0.00
PIPEFITTER $ 25.80 8.55
PLUMBER $ 25.64 8.16
ROOFER $ 13.75 0.00
SHEET METAL WORKER (HVAC Duct
Installation Only) $ 22.73 7.52
SHEET METAL WORKER, Excludes
HVAC Duct Installation $ 21.13 6.53
TILE FINISHER $ 11.22 0.00
TILE SETTER $ 14 .74 0.00
TRUCK DRIVER: Dump Truck $ 12.39 1.18
TRUCK DRIVER: Flatbed Truck $ 19.65 8 .57
TRUCK DRIVER: Semi-Trailer
Truck $ 12.50 0.00
TRUCK DRIVER: Water Truck $ 12.00 4 .11
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the E0, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
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health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii) ) .
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type (s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local) ,
a survey rate (weighted average rate) or a union average rate
(weighted union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e. , Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014 .
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014 . SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
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the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014 . UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1. ) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2. )
and 3. ) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
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200 Constitution Avenue, N.W.
Washington, DC 20210
2. ) If the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc. ) that the requestor considers relevant to the issue.
3. ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4 . ) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
ACCOUNTING AND APPROPRIATION DATA
AA:97X4930 NE1K 000 77777 0 069450 2F 000000
COST CODE:69450RCC9101
AMOUNT:$232,411.38
ACRN CLIN/SLIN CIN AMOUNT
AA 000101 000000000000000000000000000000 $68,372.73
000201 000000000000000000000000000000 $164,038.65
252.232-7006 WAWF
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS(MAY 2013)
(a)Definitions. As used in this clause--
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Department of Defense Activity Address Code(DoDAAC)is a six position code that uniquely identifies a unit,
activity,or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area
WorkFlow(WAWF).
Local processing office(LPO)is the office responsible for payment certification when payment certification is done
external to the entitlement system.
(b)Electronic invoicing.The WAWF system is the method to electronically process vendor payment requests and
receiving reports,as authorized by DFARS 252.232-7003,Electronic Submission
of Payment Requests and Receiving Reports.
(c)WAWF access.To access WAWF,the Contractor shall--
(1)Have a designated electronic business point of contact in the System for Award Management at
https://www.acquisition.gov;and
(2)Be registered to use WAWF at https://wawf.eb.mil/following the step-by-step procedures for self-registration
available at this Web site.
(d)WAWF training.The Contractor should follow the training instructions of the WAWF Web-Based Training
Course and use the Practice Training Site before submitting payment requests through
WAWF.Both can be accessed by selecting the"Web Based Training"link on the WAWF home page at
https://wawfleb.mil/.
(e)WAWF methods of document submission.Document submissions may be via Web entry,Electronic Data
Interchange,or File Transfer Protocol.
(f)WAWF payment instructions.The Contractor must use the following information when submitting payment
requests and receiving reports in WAWF for this contract/order:
Contract number,typically in the form N69450-14-M-1234,for example.
(1)Document type.The Contractor shall use the following document type(s).
Naval Construction/Facilities Management Invoice
(2)Inspection/acceptance location.The Contractor shall select the following inspection/acceptance location(s)in
WAWF,as specified by the contracting officer.
Inspection—N44215
Acceptance—N44215
(3)Document routing.The Contractor shall use the information in the Routing Data Table below only to fill in
applicable fields in WAWF when creating payment requests and receiving reports in the
system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC N68732
Issue By DoDAAC N69450
Admin DoDAAC N69450
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Inspect By DoDAAC N44215
Ship To Code N/A
Ship From Code N/A
Mark For Code N/A
Service Approver(DoDAAC) N/A
Service Acceptor(DoDAAC) N/A
Accept at Other DoDAAC N/A
LPO DoDAAC N44215
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(4)Payment request and supporting documentation.The Contractor shall ensure a payment request includes
appropriate contract line item and subline item descriptions of the work performed or supplies delivered,unit
price/cost per unit,fee(if applicable),and all relevant back-up documentation,as defined in DFARS Appendix F,
(e.g.timesheets)in support of each payment request.
(5)WAWF email notifications.The Contractor shall enter the email address identified below in the"Send
Additional Email Notifications"field of WAWF once a document is submitted in the system.
joel.overson@navy.mil
(6)WAWF point of contact.(1)The Contractor may obtain clarification regarding invoicing in WAWF from the
following contracting activity's WAWF point of contact.
WAWF Technician: Dana Villarreal (361)516-6210 dana.villarreal@navy.mil
Contracting Officer: Joel Overson(361)961-3397 joel.overson@navy.mil
(2)For technical WAWF help,contact the WAWF helpdesk at 866-618-5988.
(End of clause)