24R0001_SF1442-27OCT2023.pdf

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

12b. CALENDAR DAYS

YES NO

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

Created On: 27 Oct 2023, 09:13 AM Central Standard Time

AMOUNTS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

Section A - Solicitation/Contract Form

FY24 Multiple Award Task Order Contract (MATOC) IDIQ

Proposal Identifier: FA462024R0001 Date: 27 Oct 2023

FA462024R0001

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Estimated Quantity

Unit Unit Price Amount

One (1) Ordering Period for five (5) years:

Period of Performance: Five (5) year Ordering Period from date of award.

FFP - MATOC is a multiple award, competitive construction acquisition based on a general statement of work further defined within each individual task order. The work will consist of multiple disciplines in design and construction to include maintenance, repair, and alteration of real property as well as new construction of facilities supported by Fairchild AFB, Washington.

Product Service Code: Z2JZ

Product Service Code: Z2JZ

Section C - Description/Specifications/Statement of Work

Requirements The Multiple Award Task Order Contract (MATOC) is an Indefinite-Delivery, Indefinite-Quantity (IDIQ), in support of Fairchild AFB (FAFB) and other sites supporting FAFB, for Design-Build (DB), ranging from concept up to full 100% design, and Construction Only services based on general statements of work further defined with each subsequent individual Task Order (TO). Magnitude of the individual TOs range from $500.00 to $1,000,000.00. The total program value is Not-to-Exceed $35,000,000 over a five (5) year ordering period as detailed within.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

0001 Inspection and Acceptance Location Both Other Instructions: Acceptance will be conducted by 92 CONS. Inspection will be conducted by 92 CES and 92 CONS.

DoDAAC: FA4620 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA4620 92 CONS LGC 110 W ENT ST STE 200

ADMINISTRATIVE ONLY NO REQUISITIONS FAIRCHILD AFB, WA 99011 5320

United States

OfficeCode:

PKB

Telephone: 5092474867 Email:

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.246-12 Inspection of Construction. Aug 1996 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements. Aug 1996

Section F - Deliveries or Performance

One (1) Ordering Period for five (5) years

0001 Delivery Schedule Period of Performance: Five (5) Year Ordering period from date of award.

Overall Contract Delivery Period

From date of lead time event to beginning of performance 1 Calendar Days Date of Award Receipt

From date of lead time event to completion of performance 1825 Calendar Days Date of Award Receipt

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.211-18 Variation in Estimated Quantity. Apr 1984

Section G - Contract Administration Data

1.1 REMITTANCE ADDRESS

If the remittance address is different from the mailing address, enter the remittance address below. Failure to provide this information may impact payment.

1.2 ADMINISTRATIVE MATTERS

The address and telephone number for Construction Flight:

92d Contracting Squadron 110 West Ent Street Fairchild AFB WA 99011-8568

(509) 247-4867

1.3 CONTRACTOR'S CONTRACT ADMINISTRATION

To be completed by Contractor -

Name and Title:

Responsible Office:

Address:

Phone #:

E-mail:

CAGE Code:

DUNS #:

Tax Identification #:

1.4 INDIVIDUALS AUTHORIZED TO NEGOTIATE OR DISCUSS PROPOSAL

Primary: Alternate:

Address: Address:

Phone #: Phone #:

Alternate Alternate Phone#: Phone #:

Fax #: Fax #:

Email: Email:

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7006 Billing Instructions. Oct 2005 252.231-7000 Supplemental Cost Principles Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"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.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.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) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.

WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Specified in each Task Order

("Invoice 2in1" for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Specified in each Task Order

("Invoice 2in1" for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.

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 F87700

Issue By DoDAAC FA4620

Admin DoDAAC FA4620

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Ms. Heather Rogers; 509.247.4871; heather.rogers.9@us.af.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

Section H - Additional Contract Requirements

1.1 MINIMUM/ MAXIMUM CONTRACT AMOUNTS

The contract minimum guarantee is met by award of a MATOC Orientation Seminar Task Order for each MATOC contract awarded, applicable to the initial establishment of basic contract only. The MATOC Orientation Seminar task order is firm-fixed price with a value of $500.00. The Government makes no representation as to the number of Task Orders or actual amount of work to be ordered in excess of the minimum guarantees specified herein. The maximum aggregate amount of the MATOC program, inclusive of all awarded MATOC contracts and task orders, shall not exceed $35,000,000.00.

1.2 MATOC ORIENTATION SEMINAR

MATOC contractors shall attend and participate in a 1-day MATOC Program Orientation Seminar at Fairchild AFB. The seminar shall provide a contract overview covering several program requirements and procedures to include partnering, contract administration, design/engineering perspectives, quality control program, security/base access processes, construction management processes and site specifics associated with each base.

Attendance is mandatory. It will be up to the Contractors to determine which members of their team attend. It is highly encouraged that key team members attend that are intimately involved with design/build, superintendence, quality control and program/project management. An initial task order under each contract will be issued for this requirement not to exceed $500.00. The Government will not be liable for any costs that contractors incur in attending the seminar that exceed the task order amount. The MATOC Orientation Seminar task order will satisfy each contract guaranteed minimum. Reference 24R0001_Atch11-OrientationSmnrSOW for Orientation Task Order.

1.3 COMMENCEMENT OF WORK

No work under this contract will commence until such time as the Contracting Officer issues a written Task Order and Notice to Proceed under the Task Order.

1.4 PLACE OF PERFORMANCE

Locations of work will be at Fairchild AFB, WA and other associated sites outside the base proper. The place of performance will be designated on each individual Task Order.

1.5 PROPOSAL PREPARATION COSTS

The costs for preparation of Task Order proposals shall be the responsibility of the contractor and not directly reimbursable. Each Task Order awarded will include at a minimum all labor wages, management, supervision, mobilization, material and equipment costs, and any costs associated with any required design effort. The contractor shall furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design if applicable, and all other associated costs necessary to fulfill the requirements of the Task Order.

1.6 REQUIRED INSURANCE (IAW FAR 28.306(b)(1))

Reference FAR 52.228-5,"Insurance - Work on a Government Installation" (Jan 1997): the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

FAR 28.307-2 Liability

(a) . Contractors are required to comply with applicable Federal and State worker's compensation and Worker's compensation and employer's liability occupational disease statuses. If occupational diseases are not compensable under those statues, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers. (See 28.305(c)) for treatment of contracts subject to the Defense Base Art.

(b) General Liability Insurance. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of the policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) . The contracting officer shall require automobile insurance written on the comprehensive form of policy. The Automobile Liability Insurance policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) The contractor agrees to execute an insurance certificate with the Contracting Office in accordance with Section H, "Required Insurance." This certificate shall be executed on the form entitled "Acknowledgement and Certification of Compliance with Contract Insurance Requirements", and be provided upon award of a basic MATOC contract.

1.7 CONSTRUCTION WAGE RATE REQUIREMENT

Individual task orders will be subject to one or more of the applicable Wage Determinations as the work dictates at the time of contract award (see Section J, Attachments). Annually, the most current wage determinations will be incorporated, and contractors will be required to comply with the revised wages on future Task Orders. See FAR Clause 52.222-30, "Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method)" in Section I, "Contract Clauses."

1.8 NOTICE OF CONSTRUCTIVE CHANGES

No order, statement or direction of the Contracting Officer, an authorized representative of the Contracting Officer whether or not acting within the limits of his authority, or any other representatives of the Government, shall constitute a change order under the "Changes" clause of this contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless such a change is issued in writing and signed by the Contracting Officer.

1.9 PRE-DESIGN AND/OR PRE-CONSTRUCTION CONFERENCE

Prior to commencing work under a Task Order, the Contractor shall meet with the Contracting Officer and/or designated technical personnel at a mutually agreeable time to discuss and develop mutual understandings concerning schedule and administering work.

1.10 PARTNERING

Partnering is a structured process, as well as a philosophy of doing business with contractors and customers, that recognizes common goals through communication and teamwork. It helps create an environment where trust and teamwork prevents disputes, fosters good working relationships to everyone's benefit, and facilitates the completion of a successful contract. In support of the command's goals of teamwork and customer satisfaction, our policy is to practice the philosophy of Partnering on every contract we administer. The contractor's key personnel may be required to attend formal partnering meetings for the basic contract at the expense of the contractor. In addition, formal partnering may be required prior to and/or during performance of an individual Task Order, if determined necessary by the Government. Partnering shall be held during normal work hours.

1.11 PERFORMANCE EVALUATIONS

At the conclusion of each Task Order, the Contracting Office will complete a contractor's performance evaluation and input into the Contractor Performance Assessment Reporting System (CPARS). The evaluation will take into account all aspects of the contractor's performance. Performance evaluations may be completed at any time the Contractor's performance is considered less than satisfactory. Contractors are required to obtain PKI certificates and register at the CPARS web site (www.cpars.gov). Performance evaluations will be provided electronically through CPARS and contractors will be afforded an opportunity to review and respond to performance evaluations through CPARS. After considering input from the contractor, the Contracting Officer makes the final determination on ratings for all performance evaluations. The performance evaluations may have an impact on the award of future contracts.

1.12 PAYMENT FOR MATERIALS STORED ON SITE

(a) This clause implements, but does not replace, FAR 52.232-5 (May 2014), Payments Under Fixed-Price Construction Contracts, with regard to material payments.

(b) Consideration for payment under this contract for materials stored on site is subject to the following conditions:

(1) The contractor shall furnish the contracting officer a list of the major high-cost items to be incorporated into the contract and for which payment, prior to installation, will be requested. Those items approved by the contracting officer will be entered on the AF Form 3064, Contract Progress Schedule, as a percentage factor, or factors if items are listed individually.

(2) Payment is limited to major high-cost items. Payment of major high-cost items does not include contractor overhead and profit. Costs such as sales tax, freight, handling, pallets, etc., are excluded.

(3) Payment requests shall be consistent with approved material submittals and shall be supported by the following documents:

a) Certified paid vendor invoices

b) Inventory checklists, jointly validated by the contractor, contracting personnel, and/or construction inspector.

c) Accepted delivery tickets, if applicable.

(4) All material for which payment is requested shall be delivered to an approved location on-site, and certified that none will be removed without written permission of the contracting officer. Materials may also be stored in a bonded warehouse offsite if no adequate storage space is available on base.

(5) Payments will be made monthly, or at more frequent intervals as determined by the contracting officer.

(6) The contractor shall remain responsible and retain title to the materials until incorporated into the work.

1.13 GOVERNMENT FURNISHED PROPERTY

Government Furnished Property is not anticipated. However, if required will be on a task order specific basis.

1.14 TASK ORDER ISSUANCE PROCEDURES

(a) Work under this contract will be ordered by written Task Orders issued on DD Form 1155 (Order for Supplies or Services) to the contractor by the Contracting Officer.

(b) Each award as a result of this solicitation will cite an individual task order number.

(c) The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed Task Orders. Requests for proposals will indicate funds availability. The government may request proposals with no assurance of funding and provides no assurance that task orders will be issued.

(d) Task Orders will be firm fixed price and clearly define the specific work required or the performance desired. Each Task Order may contain additional, site or project specific, provisions. Any such additional provisions shall be a part of the Request for Proposal.

(e) Task Order projects may include complex performance oriented tasks requiring design development for design-build construction, may be construction or government provided design, or a combination thereof. The Task Order may or may not have traditional plans and specifications but may include sketches, and requests for catalog cuts, and other submittals. The ordering procedures are defined in the basic MATOC Specifications at Attachment 1 (24R0001_Atch1-FY24MATOCSpec).

(f) Task Orders may be modified by the Contracting Officer. Modifications to task orders will be issued on Standard Form (SF) 30 and cite the Task Order Number.

(g) Submission of proposals for Task Orders is not required. However, contractors are required to contact the Contracting Officer within two days after receipt of Fair Opportunity Proposal Request (FOPR) if a contractor will not participate in the walk through or submit a proposal on a Task Order. Repeated non-submission may be grounds for the Contracting Officer to terminate the contract.

1.15 DESCRIPTION OF SUBSEQUENT TASK ORDERS

Task Orders will normally range of $250K and above, with most Task Orders falling in the range of $100K to $1.0M. Task Order projects may require either a single discipline or multidiscipline design services for airfield pavement or all aspects of general building construction for new, renovation and addition-type projects. Projects may also require comprehensive interior design, lead and asbestos abatement and incorporation of sustainable features. Some projects may require only minimal design.

1.16 SUBSEQUENT TASK ORDER EVALUATION CRITERIA

Subsequent Task Orders may be awarded on price, past performance, best value, performance price tradeoff process or low price, technically acceptable basis. If the Government decides to issue the Task Order as a best value using the tradeoff process, award factors will vary depending on the unique requirements of each Task Order. The following sample criteria may be evaluated, in addition to price or cost:

(a) Past Performance - Task Order past performance or prior past performance on other contracts

(b) Quality of Deliverables

(c) Ability to Meet Schedule Requirements

(d) Relevant Experience

(e) Cost Control

(f) Potential impact on other orders placed with the contractor

(g) Current workload

(h) Design

(i) The contractor's technical understanding of the work.

(j) The most efficient and effective plan to accomplish the work.

(k) Rationale for proposed materials, type and quantities.

(l) Sustainable design features

1.17 COMPETITION

Occasionally, (generally during the last quarter of the fiscal year), the government will solicit offers for projects for which funds are not certified or readily available. Air Mobility Command (AMC) refers to these acquisitions as "Special Advance Authority" or "SAA" projects. The contracting officer may solicit offers from MATOC awardees or other sources. Submission of proposals for these acquisitions is at the sole discretion of the respective MATOC awardees and their declination to participate in any or all such solicitations will not reflect negatively upon them.

(a) Only the contractors awarded contracts as a result of this RFP will compete for subsequent Task Orders. These contractors are encouraged to participate in all site visits and submit proposals. Failure by offerors to participate responsibly in site visits and submit proposals may result in the Government terminating the contract or exclusion of the contractor from further competition.

(b) As imposed by 10 U.S.C. 2306(d) and 41 U.S.C. 254(b), note that for those task orders [excluding Non-appropriated Funds (NAF) task orders] requiring design effort (i.e. design-build), the contracting officer is restricted from negotiating a price for fee for the production and delivery of designs, plans, drawings, and specifications exceeding 6% of the estimated cost of construction.

(c) A minimum of two proposals on Task Orders will satisfy competition requirements and preclude the necessity of soliciting for a replacement contractor if for any reason one of the contracts is terminated or one of the contractors is excluded from participation in the process.

(d) Unless the Contracting Officer applies the exceptions noted below, each Task Order will be awarded, as a result of competition to the contractor who offers the best value to the Government considering the criteria specified.

(e) The Contracting Officer reserves the right to award a Task Order without competition based upon a determination that:

(1) The agency need for the supplies or services are so urgent that providing a fair opportunity would result in unacceptable delays;

(2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services being ordered are unique or highly specialized.

(3) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(4) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in FAR 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in FAR Part 19 apply.

1.18 PERFORMANCE AND PAYMENT BONDS - APPLICABLE TO INDIVIDUAL TASK ORDERS

Contractor shall furnish Performance and Payment Bonds (Standard Form 25/25A) with good and sufficient surety or sureties, acceptable to the Government. A list of the certified companies can be found on the Department of the Treasury's Listing of Approved Sureties (https://www.fiscal.

treasury.gov/fsreports/ref/suretyBnd/c570.htm). The penal sums of the bond will be as shown below. A notice to proceed shall not be issued and no work shall begin until good and sufficient surety, as identified below has been received and accepted by the Contracting Officer.

(a) Performance Bond: Unless the Contracting Officer determines that a lesser amount is adequate for the protection of the Government, the penal sum of the performance bonds (Standard Form 25) shall equal one hundred percent (100%) of the contract price for each Task Order.

(b) Payment Bond:

(1) Shall equal 100% of the contract price for each Task Order.

(2) One of the following is required:

(i) A payment bond.

(ii) An irrevocable letter of credit (ILC).

(iii) A tripartite escrow agreement. The prime contractor establishes an escrow account in a federally insured financial institution and enters into a tripartite escrow agreement with the financial institution, as escrow agent, and all of the suppliers of labor and material. The escrow agreement shall establish the terms of payment under the contract and of resolution of disputes among the parties. The Government makes payments to the contractor's escrow account, and the escrow agent distributes the payments in accordance with the agreement or triggers the disputes resolution procedures if required.

(iv) Certificates of Deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the Contracting Officer, in an acceptable form, executable by the Contracting Officer.

(v) A deposit of the types of security listed in FAR 28.204-1 and 28.204-2.

(3) Bonds are due within 10 days of the receipt of the task order.

1.19 PROPOSAL GUARANTEE (BID BOND)

SEED PROJECT: A bid bond is required for the seed project. Additionally, a letter from an acceptable surety is required indicating bonding capacity of at least $10 million. Awardee of Seed Project is required to submit the Progress and Payment Bond at 100% value.

SUBSEQUENT TASK ORDERS: The requirement for a guarantee will be included in the FOPR. Individual proposal guarantees 100% of the proposed price will be required from all offerors competing for award of all subsequent Task Orders.

Bid Bonds will only be waived at the discretion of the Contracting Officer.

1.20 REPLACING MATOC CONTRACTORS

The Government reserves the right to terminate for convenience for lack of participation in submittal proposals for task orders.

1.21 ENVIRONMENTAL COMPLIANCE

Offerors are reminded of the environmental requirements contained in the solicitation to comply with all applicable federal state, and local environmental statutes and regulations. In addition to the scrutiny of civil environmental regulatory agencies, environmental compliance incidental to Air Force activities or on Air Force Property is subject to Air Force scrutiny. The Air Force routinely investigates environmental violations and compliance.

1.22 INSTALLATION RULES AND REGULATIONS

The rules and regulations of the installation where services are performed shall apply to the contractor and his employees while on the premises of such installation. These regulations included but are not limited to: presenting valid identification for base entrances (Real ID: 24R0001_Atch5- RealIDActPamphlet), obtaining and using vehicle passes for all contractor-owned and/or privately owned vehicles, ban on cell phone use in any form while driving to include texting, obeying all posted directives, and providing strict adherence to security police direction in instances where security police have been dispatched to a particular location.

1.23 UTILITY SERVICES (IAW FAR 36.514)

The Contractor will be required to participate in all Air Force energy conservation programs. Utility services furnished to the contractor by the Government from the Government's existing system outlets and supplies will be at no cost to the Contractor, but see contract clause titled FAR 52.236-14, "Availability and Use of Utility Services," in Section I, "Contract Clauses."

1.24 SPECIAL UTILITY PROVISION

The contractor shall be responsible for any and all damages to accurately marked utilities resulting from its operations. Further, the contractor shall be held liable for all costs associated with such damages. Such costs include not only the costs to properly repair the damaged utility, but any direct costs incurred by the government to provide emergency response to the site, as well as for any other monetary losses. Such loss may also include the value of loss of productivity experienced by the government due to loss of power and /or facility evacuation arising from the utility damage. Contractors are to field verify and mark location of utilities shown on construction permit.

1.25 DESIGNATION OF GOVERNMENT INSPECTOR

A Construction Manager from the base Civil Engineer Squadron will be designated as the Contracting Officer Representative (COR) for the purpose of performing Construction Contract Quality Assurance for the Government, which includes performing technical surveillance, monitoring workmanship, compliance with the plans and specification under this contract, and reporting in the CORT tool as required. This provision in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of this contract.

1.26 PREPARATION OF SCHEDULES FOR CONSTRUCTION CONTRACTS

The reports contemplated by FAR Clause 52.236-15 titled "Schedules for Construction Contracts" in Section I shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, "Contract Progress Schedule," and AF Form 3065, "Contract Progress Report" unless a network schedule is specifically requested.

1.27 PHYSICAL DATA/WEATHER CONDITIONS

The Operational Climatic Data Summary (Attachment: 24R0001_Atch4-FAFBClimateWeatherData) is furnished for the contractor's information. The Climatic Data shows the average weather pattern at Fairchild AFB WA. This chart will be used to evaluate any request for time extension due to unusually severe weather.

Section I - Contract Clauses

NONAPPROPRIATED FUND STANDARD CLAUSES

l. DEFINITIONS

As used throughout this contract, the following terms and abbreviations have the meanings set forth below:

a. Contract. An agreement that creates a legal obligation. The elements of a contract are a mutual agreement; between competent parties; for a legal purpose; involving the exchange of legal consideration; and that creates a mutuality of obligation to perform between the parties. The term contract, as used herein, includes without limitation, formal bilateral contracts, purchase orders, consignment sales agreements, amendments and modifications thereto, as well as other agreements entered into by an authorized Contracting Officer acting within his or her authority.

b. Contracting Officer. An individual delegated the authority to legally bind the NAFI by entering into, modifying, administering, and terminating contracts.

c. Contractor. Any legal entity that is awarded a contract. The Contractor is the party responsible for and agrees to furnish supplies and/or services at specified prices/rates and/or to pay the NAFI mutually agreed to commissions and/or fees in conjunction with providing services to NAFI customers under this contract. Contractor may include, but is not limited to the following terms "vendor," "seller," "supplier," "manufacturer," "distributor," "concessionaire" and/or "licensee."

d. Contracting Officer's Representative (COR). An individual authorized in writing by a Contracting Officer to monitor Contractor performance and /or help administer a contract, but does not have authority to legally bind the NAFI into any contractual or legal obligations. Definition applies to Contracting Officer's Technical Representative (COTR) and Alternate COR (ACOR).

e. Day. A day means, unless otherwise provided, a 24 hour period of time denoted as midnight to midnight of a calendar day, unless the last day of a specified number of days within which the contractor must file a claim or notice with the Contracting Officer falls on Saturday, Sunday or a federal holiday, in which case the last day shall be the next business day denoted as Monday through Friday.

f. Nonappropriated Fund Instrumentality (NAFI). A DoD organizational and fiscal entity supported in whole or in part by Nonappropriated Funds. A NAFI, as an instrumentality of the U.S. Government, enjoys the same immunities and privileges as the U.S. Government in the absence of specific Federal statute. It is not incorporated under the law of any State, but has the legal status of an instrumentality of the United States. References to United States, the Government, and other related references will generally be implied to mean the NAFI throughout this contract.

2. LEGAL STATUS

The Nonappropriated Fund Instrumentality (NAFI), which is party to this contract, is an integral part of the Department of Defense and is an instrumentality of the United States Government. No appropriated funds of the United States shall become due or be paid the Contractor by reason of this contract.

3. CLAIMS, PROTESTS & APPEALS

a. This contract is not subject to the Contract Disputes Act of 1978 (41 U.S.C. 7101-7109), and therefore, not subject to the jurisdiction of the Government Accountability Office (GAO). All disputes arising under or relating to this contract shall be resolved under this clause IAW DoDI

4105.67 and AFMAN 64-302.

b. Protests and/or protest appeals shall be filed with the Contracting Officer that issued the contract, or other designated authority, in strict accordance with the procedures and timelines in AFMAN 64-302.

c. "Claims," as used in this clause, means the inability of a Contractor and the Contracting Officer to reach a mutual agreement related to contractual issues in controversy resulting in the filing of a written demand or assertion seeking payment of money, adjustment or interpretation of contract, or other relief, and issuance of a Contracting Officer's final decision. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under this clause. The submission may be converted to a claim under this clause, by complying with the submission requirements of this clause. If it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(1) A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the NAFI against the Contractor shall be subject to a written decision by the Contracting Officer.

(2) For Contractor claims exceeding $100,000, the Contractor shall submit with the claim a certification that contains the following statement:

"Subject to the False Claims Act, 31 USC 3729, I certify the claim is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the NAFI is liable; and that I am duly authorized to certify on behalf of the Contractor."

(3) For contract claims of less than $100,000, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

d. The Contracting Officer's decision shall be final unless the contractor appeals as provided in paragraph (d) of this clause.

e. The Contracting Officer's final decision on claims may be appealed by submitting a written appeal to Armed Services Board of Contract Appeals with a copy to the Contracting Officer, within 90 days of receipt of the Contracting Officer's final decision. Decisions of the Armed Services Board of Contract Appeals are final and are not subject to further appeal.

f. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.

4. REPRESENTATIONS

a. This written contract, including identified attachments, enclosures and documents incorporated by reference, is the entire agreement between the parties. The NAFI will not be bound by any oral or written representation not included or incorporated in the written contract or a written modification thereto. The NAFI will not be bound by any terms on Contractor forms or letters unless such terms are specifically agreed to and incorporated in the contract and signed by the Contracting Officer. Except as otherwise specifically provided in this contract, all additions, changes or deletions to this contract must be prepared in writing as a modification and signed either unilaterally by the Contracting Officer or bilaterally by both parties in accordance with applicable regulations.

b. The Contractor shall not represent itself to be an agent or representative of the NAFI or any other agency or instrumentality of the United States.

5. ADVERTISEMENTS

The Contractor shall not represent in any manner, expressly or by implication, that items or services purchased or sold under this contract are approved or endorsed by any element of the U.S. Government, including the NAFI. All Contractor advertisements that refer to the NAFI or a NAFI activity will contain a statement that the advertisement was neither paid for nor sponsored, in whole or in part, by the U.S. Government or the NAFI.

6. EXAMINATION OF RECORDS

a. The Contractor agrees that the Contracting Officer or a duly authorized representative(s) shall have the right to examine and audit the books and records of the Contractor directly pertaining to the contract during the period of the contract and until expiration of three (3) years after the final payment under the contract.

b. The Contractor shall include this clause in all subcontracts.

7. HOLD AND SAVE HARMLESS

The Contractor agrees to indemnify and hold harmless the NAFI and any other agency or instrumentality of the United States, and their officers, agents, and employees, from any loss, expense, damage, injury, claim, suit or judgment (including administrative actions taken against the NAFI by other federal, state or local agencies) arising from the Contractor's (employees, agents or subcontractors) acts or omissions or the items/services provided pursuant to the contract (including any patent, copyright, or trademark infringement claimed by a third party in connection with the items /services provided by the contractor). Nothing contained herein, however, shall relieve or be construed as relieving the NAFI or any other agency or instrumentality of the United States from any liability resulting from its negligence.

8. INSURANCE

a. The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract at least the insurance coverage as stated in this contract. In no event shall the coverage be less than the minimum requirements established by applicable state and local regulations and laws for the risk associated with the services to be provided by the contract. The Contractor shall be fully responsible to the NAFI for errors and omissions of its associates and subcontractors under this contract.

b. The Contractor shall furnish to the Contracting Officer a current certificate of insurance prior to the commencement of performance under the contract. The "INSURED" block of the Certificate of Insurance must list both the Contractor's name (or Contractor's d.b.a. name) / and the contract number. The Certificates of Insurance shall evidence that all lines of insurance coverage required by the contract are in effect, and that not less than thirty (30) days prior written notice shall be provided to the Contracting Officer in the event of modification, cancellation, or non-renewal of any portion of the insurance coverage(s). All certificates of insurance must list the NAFI as the certificate holder, name the NAFI and the United States as additional insureds, and carry an endorsement waiving the Contractor's rights to subrogation against the NAFI and the United States.

9. PROCUREMENT INTEGRITY

By submission of an offer or performance of this contract, the offeror or Contractor certifies with respect to this NAFI contract action:

a. That no discussion, offer, or promise of future employment or business opportunity has nor will be made to NAFI civilian or military personnel who personally and substantially participated in the contract action.

(1) That no offer, promise, or gift of any gratuity, entertainment, money, or other thing of value has nor will be made to any NAFI civilian or military personnel or any other employee of the NAFI or member of their family or household.

(2) That no information proprietary to other offerors or other contracting information (offeror list, prices offered, technical evaluations, rankings, etc.)

is sought or obtained until it is available to the public under NAFI procedures.

(3) That no person or selling agency has been employed or retained to secure this contract for a commission, percentage, brokerage, or contingent fee except bona fide employees or bona fide established commercial selling agencies retained by the Contractor for the purpose of securing business.

b. The Contractor certifies that no gratuities (entertainment, gifts, money, kickbacks, or other things of value) were nor will be solicited or accepted by the Contractor or Contractor representative, nor from any Subcontractor or Subcontractor representative, for the purpose of obtaining or rewarding favorable treatment in connection with this contract or any subcontract under it.

c. The Contractor will report in writing to the Contracting Officer any possible violation of this clause when there are reasonable grounds to believe a violation may have occurred. The Contractor will cooperate fully with any federal agency investigation of a possible violation of this clause.

d. For breach of any of these certifications, the NAFI may terminate this contract for default, and/or deduct from amounts due under this or other contracts, or charge the Contractor for the total value of any contingent fee, gratuity, kickback or other loss to the NAFI arising out of the breach.

10. ASSIGNMENT OF CLAIMS

The Contractor cannot assign any right or delegate any obligations under this contract without the prior written permission of the Contracting Officer.

11. TERMINATION FOR CONVENIENCE

The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the NAFI. If this contract is for supplies and is so terminated, the Contractor shall be compensated in accordance with FAR, Sub Parts 49.1 and 49.2 in effect on this contract's date. To the extent that this contract is for services and is so terminated, the NAFI shall be liable only for payment in accordance with the payment clauses of this contract for services rendered prior to the effective date of termination, providing there are no Contractor claims covering nonrecurring costs for capital investment. If there are any such Contractor claims, they shall be settled in accordance with FAR, Sub Parts 49.1 and 49.2.

12. CANCELLATION BY MUTUAL AGREEMENT

Should the situation warrant, the parties upon mutual agreement and no costs, may cancel this contract without further recourse to the other and mutual release of any further obligations.

13. TERMINATION FOR CAUSE

a. The NAFI may, subject to paragraphs c. and d. below, by written notice of cause to the Contractor, terminate this contract in whole or in part if the Contractor fails to-

(1) Deliver the supplies or perform the service within the time specified within this contract or any extension;

(2) Make progress, so as to endanger performance of this contract (however, see paragraph b. below); or

(3) Perform any of the other clauses of this contract (however see paragraph b. below).

b. The NAFI's right to terminate this contract under paragraph a.2., and a.3.