FA4625-10-R-0007.doc

Section A - Solicitation/Contract Form

INSTRUCTIONS TO OFFERORS

509th CONTRACTING SQUADRON

WHITEMAN AFB, MISSOURI

CONSTRUCTION SOLICITATION PACKAGE

OFFERS ARE SOLICITED FOR: Demolition of Credit Union and Bldg. 637

1. Please be sure to read this entire package. See Section L for the required contents for your proposal.

2. Any questions concerning this acquisition may be addressed to the individual named in block 9A on the SF 1442, Solicitation, Offer, and Award.

3. There will a site visit for this project. This site visit is scheduled for 29 April 2010 at 1:00 P.M. C.S.T. Any offerer wishing to attend this site visit needs to contact the individual in block 9A on the SF 1442, Soliciatation, Offer, and Award to schedule attendance no later than 28April 2010 by 3:00PM. C.S.T. Attendence is limited to 1 (one) representative per attending firm. Failure to contact the individual named in block 9A within the time stated will result in restriction to attend the site visit.

4. Please ensure you indicate the RFP number, opening date and time on the proposal envelope.

5. If proposals are to be hand-delivered, deliver with proposal number to the address identified in para 2 above.

6. Facsimile Proposals and e-mailed proposal submissions are not authorized. (See Section H).

7. Facsimile modifications to proposal will be accepted; however, the originals must be received in this office prior to award. FAX to (660) 687-4822.

8. Evaluation of proposals will be made in accordance with Section M of the solicitation under a Price Performance Tradeoff (PPT).

9. The project magnitude is between $250,000 and $500,000.

NOTE: In order to submit an offer: The SF 1442; Section B; Section K, Representations and Instructions; must be completed and returned to the 509th Contracting Squadron at the address stated in block 7of the SF 1442. Special attention is invited to Sections L and M of the Request for Proposal (RFP). The representations and Instructions, Section K, of this solicitation must be completed. This section sets forth specific information on eligibility requirements for this acquisition.

Section B - Supplies or Services and Prices

Demo Credit Union (see attachment 1)

FFP

Demo Credit Union IAW attached Statement of Work.

FOB: Destination

PURCHASE REQUEST NUMBER: F4E3Z70076A001

SIGNAL CODE: A

NET AMT

Demo Bldg 15000 (637) (see attachment 3)

FFP

Demo Bldg 15000 (637) IAW attached Statement of Work

FOB: Destination

PURCHASE REQUEST NUMBER: F4E3Z70078A001

NET AMT

FFP

Additional Grading work at Credit Union demo site

FOB: Destination

PURCHASE REQUEST NUMBER: F4E3Z70076A001

NET AMT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Inspection -- Dismantling, Demolition, or Removal of Improvements (Aug. 1996)

(a) Unless otherwise designated by the specifications, all workmanship performed under the contract is subject to Government inspection at all times and places where dismantling or demolition work is being performed. The Contractor shall furnish promptly, and at no increase in contract price, all reasonable facilities, labor, and materials necessary for safe and convenient inspection by the Government. The Government shall perform inspections in a manner that will not unduly delay the work.

(b) The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall promptly segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and promptly replace them with satisfactory items. If the Contractor fails to proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the Government may --

(1) By contract or otherwise, replace the facilities, materials, and equipment or correct the workmanship and charge the cost to the Contractor; and

(2) Terminate for default the Contractor’s right to proceed. The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement.

(End of Clause)

Section F - Deliveries or Performance

DELIVERY INFORMATION

660 TENTH STE 206

WHITEMAN AFB MO 65305

FOB: Destination F4E3Z7

F4E3Z7

F4E3Z7

PERFORMANCE WORK HOURS

Contractor’s work hours are 7:30 A.M. to 4:30 P.M., excluding Saturdays, Sundays, and Federal Holidays.

Federal Holidays are as follows:

1. New Year’s Day

6. Labor Day

2. Martin Luther King, Jr. Day

7. Columbus Day

3. President’s Day

8. Veteran’s Day

4. Memorial Day

9. Thanksgiving Day

5. Independence Day

10. Christmas Day

NOTE: Work on weekends or Federal Holidays: If the contractor desires to work on weekends or holidays, the contractor shall request approval from the Contracting Officer (in writing). Requests shall be submitted no later than three (3) working days prior to the weekend/holiday.

Section G - Contract Administration Data

APPROPRIATION DATA

ACCOUNTING APPROPRIATION DATA: Cited on any resultant contract.

CONTRACT ADMINISTRATION: Any resultant contract will be performed by the following:

509TH Contracting Squadron

727 Second Street, Suite 124A

Whiteman AFB, MO 65305-5344

Telephone: (660) 687-5436

INVOICING AND PAYMENT:

The contractor shall submit original invoices for payment as prescribed in FAR 252.232-7003 Electronic Submission of Payment Requests (MAR 2003). Payment will be made by:

DFAS Limestone-F67100

27 Arkansas Road

Limestone, ME 04751-1500

For submittal of electronic invoices, the contractor shall refer to paragraph (b) (1), Wide Area WorkFlow-Receipt and Acceptance.

All payments will be made in accordance with the Payments under Fixed-Price Construction Contracts clause, FAR 52.232-27 entitled Prompt Payment for Construction Contracts.

The following items are required for final invoice payment:

1. Final Invoice

2. All AF 3065’s, Contract Progress Reports

3. All certified payrolls including those for completion of punchlist items

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H1. REQUIRED INSURANCE (IAW FAR 28.306(b)) Reference FAR clause entitled "Insurance . . ." the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

(a) Workmen's Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen's Compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

(b) General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

(c) Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribed or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

H2. BONDS

(a) Offer Guarantee. Not Required.

(b) Performance and Payment Bonds. (REF. FAR 52.228-15 titled “Performance and Payment Bonds -- Construction (Sep 1996)” Within ten (10) calendar days after contract award(i.e., Notice of Award or Formal Contract), contractor shall furnish two bonds, namely a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A), each with good and sufficient surety or sureties, acceptable to the Government. The penal sums of such bonds will be as follows: (Not required for contracts of $25,000 or less.) FAR 28.102-2.

(i) Performance Bond: The penal sum of the performance bond shall equal one hundred percent (100%) of the contract. Bonding shall be provided before notice to proceed will be issued.

(ii) Payment Bond:

(a) When the contract price is $1,000,000 or less, the penal sum shall be fifty percent (50%) of the contract price.

(b) When the contract price is in excess of $1,000,000 but not more than $5,000,000, the penal sum shall be forty percent (40%) of the contract price.

(c) When the contract price is more than $5,000,000, the penal sum shall be $2,500,000.

NOTE: INDIVIDUAL SURETY CLAUSE: In order for the Contracting Officer to determine the acceptability of individuals proposed as sureties, all offerors providing bonds which are executed by individual sureties are required to submit the following information in support of Standard Form 28, "Affidavit of Individual Surety:"

(a) A complete description of property offered, supported by title or deed, and appraisal or tax assessment.

(b) A current list of all other bonds on which the individual is a surety and bonds for which the individual is requesting to be a surety.

(c) Independent certification of net value of property offered.

(d) Independent certification of liens or other encumbrances which exist against all property listed.

(e) CPA - certified balance sheet(s) and income statement(s) with a signed opinion for each individual surety.

H3. RECEIPT OF PROPOSALS

Proposals will not be considered “received” until physically delivered to the 509 Contracting Squadron, 727 Second Street, Suite 124A, Whiteman AFB MO 65305-5344.

H4. TAXES: The Missouri Department of Revenue agrees that contractors, subcontractors and material suppliers may claim an exemption from Missouri sales and use tax with respect to tangible personal property and materials purchased or used for the purpose of constructing, repairing or remodeling facilities for the United States of America, its agencies and instrumentalities ("the United States"). Therefore, the Contracting Officer shall provide a project exemption certificate to the successful contractor awarded this project. The contractor shall further provide the project exemption to all subcontractors purchasing construction materials for this project.

NOTE: THE PROJECT EXEMPTION CERTIFICATE DOES NOT ALLOW CONTRACTORS TO PURCHASE MACHINERY, EQUIPMENT, OR TOOLS USED IN FULFILLING THIS CONTRACT, TAX EXEMPT.

H5. SECURITY REQUIREMENTS FOR UNCLASSIFIED CONTRACTS

1. Security Training. The on-base contractor senior representative ensures all contractor employees receive initial and recurring security education training from the sponsoring agency’s security manager. Training must be conducted IAW DOD 5200.1-R, Information Security Program Regulation, and AFI 31-401, Information Security Program Management. Contractor personnel who work in Air Force controlled/restricted areas must be trained IAW AFI 31-209, The Air Force Resource Protection Program, and AFI 31-101, The Air Force Physical Security Program.

2. Listing Of Employees. The on-base contractor senior representative shall maintain a current listing of employees. The list shall include the employee's name, social security number and level of security clearance if contract work involves unescorted entry to Air Force restricted areas or other sensitive areas designated by the installation commander. The list shall be provided to the Contracting Officer and sponsoring agency’s security manager. An updated listing shall be provided when an employee's status or information changes.

3. Requirements For Contractors Requesting Base Entry. Contractor employees requiring entry for contract performance shall be coordinated with the Base Civil Engineer point of contact. Information for access to the installation will be provided at the pre-construction conference.

4. Retrieving Passes / Vehicle Decals (AF Form 75): At the completion of the contract, the Contractor will be required to submit a listing of all employees working on this contract to Security Forces at the Visitor Center. This listing shall be accompanied by any contractor passes or vehicle decals issued during the duration of this contract. Final payment will not be made until Contracting receives a copy of Security Force’s validation that all passes / decals have been accounted for.

5. For Official Use Only (FOUO). The contractor shall comply with AFI 37-131, Freedom Of Information Act Program (FOIA)", requirements. The regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, transmitting, and safeguarding FOUO material.

6. Additional Security Requirements. In accordance with DoD 5200.1-R, and AFI 31-401, the contractor shall comply with requirements identified in AFSSI 9100, Communications Security (COMSEC), Command, Control, Communications and Computer (C4) Systems Security, Security Awareness Training Education (SATE), and Operations Security (OPSEC).

7. Reporting Requirements. The contractor shall comply with AFI 71-101V1, "Counterintelligence Awareness and Briefing Program", requirements. Contractor personnel shall report to an appropriate authority any information or circumstances of which they are aware may pose a threat to the security of DOD personnel, contractor personnel, resources, and classified or unclassified defense information. Contractor employees shall be briefed by their immediate supervisor upon initial on-base assignment.

8. Traffic Laws. The contractor and his/her employees shall comply with base traffic regulations.

9. Weapons, Firearms, and Ammunition. Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or within their contractor-owned or privately-owned vehicle while on Whiteman AFB.

10. Physical Security. The contractor shall be responsible for safeguarding all government property and controlled forms provided for contractor use. At the end of each work period, all government facilities, equipment, and materials shall be secured.

11. Key Control. The contractor shall establish and implement methods of making sure all keys issued to the contractor by the Government are not lost or misplaced and are not used by unauthorized persons. The contractor shall not duplicate any keys issued by the government.

(a) The contractor shall immediately report to the QA, construction inspector, or Contracting Officer any occurrences of lost or duplicated keys.

(b) In the event keys, other than master keys, are lost or duplicated, the contractor may be required, upon written direction of the contracting officer, to re-key or replace the affected lock or locks without cost to the government. The government may, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from the payment due the contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the payment due the contractor.

(c) The contractor shall prohibit the use of keys, issued by the government, by any persons other than the contractor’s employees and the opening of locked areas by contractor employees to permit entrance of persons other than contractor employees engaged in performance of contract work requirements in those areas.

12. Lock Combinations. The contractor shall control access to all government provided lock combinations to preclude unauthorized entry.

H6. PREPARATION OF PROGRESS SCHEDULES AND REPORTS

The reports contemplated by the clause FAR 52.236-15 entitled “Schedules for Construction Contracts” shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report. The AF Form 3064 shall be provided to the Contracting Officer not later than 15 calendar days after issuance of the Notice to Proceed. Mandatory when performance is 60 or more days.

H7. UTILITY SERVICES

The Contracting Officer has determined that Government-operated utilities are adequate and will be furnished to the contractor without charge where existing outlets are available. The contractor is responsible for installing temporary service outlets, as necessary, and charges will be made in accordance with the clause entitled “Availability and Use of Utility Services” (Contract Clause FAR 52.236-14)

H8. TELEGRAPHIC AND TELEFAX OFFERS/AMENDMENTS

Telegraphic and telefax offers are not acceptable. Offerors may telefax changes to their offers to 660-687-4822 (Telefax number). The change must arrive at the place specified in the solicitation prior to the time set for receipt of offers. Changes received after this time will not be considered.

H9. ON SITE OFFICE TRAILERS AND STORAGE TRAILERS/FACILITIES

(a) No on-base storage facilities are available for contractor owned materials.

(b) Once an exact location has been determined, the contractor can use all approved and available services (i.e., electricity, water, and sewage) at the construction site. The Contracting Officer will inform the contractor whether or not the Government shall be reimbursed (and at what rate structure) for any or all such services.

H10. NOTIFICATION OF BASE CLOSURE STATEMENT

Base Access. Occasionally it is necessary to require either early release of Whiteman AFB personnel, late reporting, or even total base closure when weather conditions make normal travel unsafe. When weather conditions cause one of the above situations, contractor personnel will be denied access to the base unless they have been notified that their contract service has been determined essential. For base closure or late reporting during inclement weather, listen to radio stations KOKO (1450 AM), DVEQ (104.0 FM), KPRS (103.3 FM), KDRO (1490 AM), KXKX (105.7 FM), KSIS (1050 AM), KLRQ (96.1 FM) KDKD (1280 AM/95.3 FM), and/or watch television stations KMBC (Channel 9) and WAFC Cable (Channel 41).

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 days*. The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JUL 2005)

(a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer.

These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns.

(e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the HUBZone small business participant or participants.

(f) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 238910 assigned to contract number TBD.

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is :

Whiteman AFB located in Johnson County, MO 65305

(End of provision) 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) - ALTERNATE II (APR 1984).

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.

(b) Wherever in the specifications or upon the drawings the words "directed", "required", "ordered", "designated", "prescribed", or words of like import are used, it shall be understood that the "direction", "requirement", "order", "designation", or "prescription", of the Contracting Officer is intended and similarly the words "approved", "acceptable", "satisfactory", or words of like import shall mean "approved by," or "acceptable to", or "satisfactory to" the Contracting Officer, unless otherwise expressly stated.

(c) Where "as shown," as indicated", "as detailed", or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete in place," that is "furnished and installed".

(d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements, and (2) the installation (i.e., fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.

(e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefor. Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below.

(f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued.

(g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the Contracting Officer and one set will be returned to the Contractor. Upon completing the work under this contract, the Contractor shall furnish 4 (four) sets of prints of all shop drawings as finally approved. These drawings shall show changes and revisions made up to the time the equipment is completed and accepted.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--

29 April 2010 at 1:00 P.M. C.S.T.

(c) Participants will meet at--

Royal Oaks Golf Course adjacent to Spirit Gate, Whiteman AFB, MO

(End of provision) Section J - List of Documents, Exhibits and Other Attachments

Exhibit/Attachment Table of Contents

Section K - Representations, Certifications and Other Statements of Offerors

REPS AND CERTS

Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY REFERENCE

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of clause)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,'' ``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of provision)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts…