FA2823-13-R-4010-0002_Amendment_with_Attachments.pdf

FA2823-13-R-4010-0002

F1T0DE3031A001

THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

CONSTRUCT CONCRETE TARGETS

CONSTRUCT CONCRETE TARGETS REQUIREMENTS CONTRACT IAW: SPECIFICATION C-VE-13-01 DATED 1 NOV 12 AND DRAWINGS

13-TA-C74-01 DATED 1 NOV 12

THIS ACQUISITION IS 100% SET-ASIDE FOR SMALL BUSINESS

THE MAGNITUDE OF CONSTRUCTION IS BETWEEN $1,000,000.00 AND $5,000,000.00

A SITE VISIT WILL BE HELD ON 17 JUNE 13 AT 1300

CONTRACTOR WILL READ SECTION L AND M CAREFULLY AND COMPLY WITH ALL REQUIREMENTS

THE PROPOSAL MUST BE MAILED OR HANDCARRIED TO AFTC/PZIOC, 308 WEST D. AVE, SUITE 130, BUILDING 260, EGLIN AFB, FL 32542-5418

SEE CONTRACT CLAUSE 52.228-1, BID GUARANTEE AND CONTRACT CLAUSE 52.236-27, SITE VISIT INFORMATION

ALL INTERESTED CONTRACTORS ARE ENCOURAGED TO REGISTER ON THE INTERESTED VENDORS LIST ON THE FEDERAL BUSINESS

OPPORTUNITIES WEBSITE

AUTUM A. GASPARETTO 850-883-7452

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

31-May-2013

(RFP)

(IFB)

X

CALL:

Construct Concrete Targets

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

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

11. The Contractor shall begin performance w ithin _______5 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________01 Jul 2013 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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 X is, is not required.

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

AFTC/PZIO EGLIN - FA2823

308 WEST D AVENUE, SUITE 130 (BLDG 260)

EGLIN AFB FL 32542-5418

FA2823

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

09:00 AM (hour) Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

C-VE-13-01

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

FA2823-13-R-4010

Section SF 30 - BLOCK 14 CONTINUATION PAGE

AMENDMENT

1. The purpose of this amendment is to change the proposal date from 5 June 2013 to 1 July 2013 to match the proposal due date on FBO.

2. Attachments for section J have been renumbered and base access documentation have been added to Section J of this solicitation.

3. All other terms and conditions remain unchanged.

AMENDMENT 2

1. The purpose of this amendment is to add items to the bottom of each bid schedule for each year. The following items were added: add/subtract structural steel, add/subtract excavation, and 6” thick compacted lime rock base.

2. Additionally, Section L Volume 1, paragraph (b) and Section M, Part II paragraph A verbiage has been updated to incorporate the bid schedule needed for this requirement.

3. All other terms and conditions remain unchanged.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Construct Concrete Targets

FFP

ESTABLISH NEW INDEFINITE DELIVERY, INDEFINITE QUANTITY

(IDIQ) CONTRACT FOR CONSTRUCTION OF CONCRETE TARGETS.

FURNISH ALL PLANT, LABOR, MATERIALS AND EQUIPMENT AND

PERFORM ALL OPERATIONS IN CONNECTION WITH CONSTRUCTION

OF CONCRETE TARGETS EGLIN AFB, FL IN ACCORDANCE WITH (IAW)

STATEMENT OF WORK/SPECIFICATION NUMBER C-VE-13-01. PERIOD

OF PERFORMANCE: 4 AUG 13 TO 3 AUG 14

FOB: Destination

PURCHASE REQUEST NUMBER: F1T0DE3031A001

SIGNAL CODE: A

NET AMT

1001 1 Lot OPTION Construct Concrete Targets

FFP

ESTABLISH NEW INDEFINITE DELIVERY, INDEFINITE QUANTITY

(IDIQ) CONTRACT FOR CONSTRUCTION OF CONCRETE TARGETS.

FURNISH ALL PLANT, LABOR, MATERIALS AND EQUIPMENT AND

PERFORM ALL OPERATIONS IN CONNECTION WITH CONSTRUCTION

OF CONCRETE TARGETS EGLIN AFB, FL IN ACCORDANCE WITH (IAW)

STATEMENT OF WORK/SPECIFICATION NUMBER C-VE-13-01. PERIOD

OF PERFORMANCE: 4 AUG 14 TO 3 AUG 15

FOB: Destination

2001 1 Lot OPTION Construct Concrete Targets

FFP

ESTABLISH NEW INDEFINITE DELIVERY, INDEFINITE QUANTITY

(IDIQ) CONTRACT FOR CONSTRUCTION OF CONCRETE TARGETS.

FURNISH ALL PLANT, LABOR, MATERIALS AND EQUIPMENT AND

PERFORM ALL OPERATIONS IN CONNECTION WITH CONSTRUCTION

OF CONCRETE TARGETS EGLIN AFB, FL IN ACCORDANCE WITH (IAW)

STATEMENT OF WORK/SPECIFICATION NUMBER C-VE-13-01. PERIOD

OF PERFORMANCE: 4 AUG 15 TO 3 AUG 16

FOB: Destination

CLAUSES INCORPORATED BY FULL TEXT

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS (MAY 2008)

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

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to (Contracting Officer complete in accordance with agency procedures).

(End of clause)

A201. LINE ITEMS

THE FOLLOWING CONTRACT LINE ITEMS ARE FIRM FIXED PRICE: 0001, 1001, and 2001

Section C - Descriptions and Specifications

C-1 SPECIFICATIONS, STANDARDS AND DRAWINGS (IAW FAR 11.201)

Specifications, standards or drawings (as applicable) are furnished/listed below:

ITEM NR SPECIFICATIONS, STANDARDS AND/OR ATTACHMENTS

________ SEE SECTION J

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F - Deliveries or Performance

52.211-8 Alt I Time of Delivery (Jun 1997) Alternate I APR 1984 52.211-8 Alt II Time of Delivery (Jun 1997) Alternate II APR 1984 52.211-8 Alt III Time of Delivery (Jun 1997) Alternate III APR 1984 52.247-34 F.O.B. Destination NOV 1991

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

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than .365 The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $272.88 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

Section G - Contract Administration Data

Section H - Special Contract Requirements

H-025 INCORPORATION OF SECTION K OCT 1998

Section K of the solicitation is hereby incorporated by reference.

H-800 IMPLEMENTATION OF WARRANTY–CONSTRUCTION JAN 2000

(a) Any manufacturer’s warranties which extend beyond or in addition to the normal one year warranty required by FAR 52.246-21 shall be furnished to the government in their entirety, including the names of vendors responsible for servicing these warranties.

(b) Prior to final acceptance of the work covered by this contract, the contractor shall furnish in writing to the Contracting Officer a list of all items of equipment furnished. This list will be accompanied by the applicable warranty documentation. This list shall include;

(i) Nomenclature of the item, type and serial number where applicable, and name and address of the manufacturer.

(ii) Cost

(iii) Period of warranty

(iv) Name, address and telephone number of the subcontractor or supplier

(v) Name, address and telephone number of the servicing agency that will be responsible for the warranty service.

H-801 MEDICAL INFORMATION JAN 2000

The name of the Contractor’s physician(s) and preferred hospital (for use in the event of industrial injury of employees) shall be posted by the Contractor at the site of the work in a prominent place where it can easily be seen by the workers. This information shall also be furnished to the Director of Base Medical Services, 96 MDG/SG, Eglin AFB FL 32542-5300.

H-803 INSPECTION AND SURVEILLANCE JAN 2000

The Flight Chief, 46 RANSS, Eglin Air Force Base, Florida, is designated as the representative of the Contracting Officer for the purpose of surveillance and inspection of performance of work under this contract. This designation does not include authority to direct or authorize the Contractor to make changes in the scope or terms of the contract without the written authority of the Contracting Officer. Contractor shall notify Targets Flight, 46 RANSS/TSRF, Robin Peacock, telephone (850) 8821891 at least 24 hours in advance of the date work will commence under this contract; contractor shall also notify that office at earliest possible time of anticipated absence(s) from the job site.

H-805 WARNING – HAZARDOUS CONDITIONS AT SITE JAN 2000

(a) Notice to Contractor. The site, entrance routes, or adjacent areas to the site at which you and your employees and your subcontractors will be working have been used by the Air Force as an ammunition test range. There exists a possible danger to person and property from unexploded weapons in and on the ground. Live bombs, missiles, and other explodable ordnance material may be embedded or partially embedded in the trees or soil. In no event should you or your employees, or your subcontractors or their employees, attempt to remove or otherwise tamper with such material or objects. Removal of such items from the site by unauthorized personnel is considered misappropriation of Government property, and may be subject to penalties under law. However, of more importance is the potentially serious or fatal injury to the individual.

(b) Agreement. The Contractor agrees that if, during the performance of work under this contract, its employees, or subcontractors or their employees should encounter any of these munitions, or other unidentifiable objects which resemble ordnance material he will stop work in the immediate area, report such encounter to the Range Operations Control Center (ROCC) at phone number (850) 882-5800 which is manned 24 hours daily and then to the Government Inspector by the most expeditious method, and proceed as directed. The Contractor further agrees to cause warning to be brought to the attention of each of its employees, and to each subcontractor and its employees who will be working at the site.

(c) Procedures for Assuring Safety

(1) A poster describing the various items discussed above will be furnished to the Contractor at the preconstruction briefing. The Contractor shall display this poster in a prominent place at the construction site, readily available for inspection by all personnel.

(2) At the conclusion of the preconstruction briefing the Contractor will be required to signify on an appropriate form that the existence of hazardous munitions items has been discussed. The form will also indicate that the contractor agrees to brief all employees and subcontractors, and will require all subcontractors to brief their employees on the content of this clause.

(3) The Contractor agrees to include the warning and briefing requirements of this clause in all subcontracts.

H-807 ON-BASE PERFORMANCE JAN 2000

(a) Work on this project shall be accomplished as follows:

TEST AREA HOURS OF WORK DAYS

A-22 *0700 – 1600 Monday thru Friday B-70 1700 – 0500 Tuesday thru Sunday C-64, C-64B *0700 – 1600 Monday thru Friday C-72 1700 – 0500 Tuesday thru Sunday

C-74 *0700 – 1600 Monday thru Friday

EXCEPT THAT CONCRETE MUST BE PLACED BETWEEN 1700 AND 0500 HOURS FROM APRIL

THROUGH NOVEMBER. FROM DECEMBER THROUGH MARCH CONCRETE MAY BE PLACED

WITHOUT TIME OF DAY RESTRICTIONS AS LONG AS COLD WEATHER REQUIREMENTS ARE MET.

Any work desired to be accomplished during other than the normal hours will require prior approval of the Contracting Officer. The Contractor must submit a written request to the Contracting Officer.

(b) During the course of construction the contractor may be runoff due to government test missions. Historically this does not occur for more than 6 days during the construction of a target task order. For each day of mission runoff beyond 6 days during the construction of a task order, the contract will be extended for an additional day at no cost to the Government. The Contractor shall contact the Range Operation Control Center (ROCC) at (850) 882- 5800 and the O&M contractor Test Area Site Chief at 882-1534, each morning to confirm there are no Air Force missions that preclude the Contractor's site access. The Contractor’s performance may be interrupted from time to time because of high priority mission schedules. For each calendar day and/or portion of a calendar day that the contractor is removed from the job site, the contract schedule will be adjusted by one (1) calendar day.

H-810 HURRICANE SEASON JAN 2000

Hurricane season for the state of Florida is normally the period from 01 June through 30 November. During an actual hurricane, tropical storm or tropical depression condition, you may be contacted by the contracting office and requested to secure equipment, clean up your work area and properly protect stored materials. In accordance with the contract clause FAR 52.236-9, “Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements” and FAR 52.236-12 “Cleaning Up,” you should keep this in mind and maintain your work area free from debris and in a safe and secure condition at the completion of each work day. A duty is imposed on the Contractor to monitor local weather conditions, weather bulletins and base closure information in the local media.

The Contractor must contact the Contract Administrator with a report of conditions adversely affecting the construction site.

H-811 CONSTRUCTION PERMITS APR 2009

In accordance with (IAW) FAR 52.236-7, the Contractor shall obtain a construction permit for any construction work on Eglin Air Force Base. An AF Form 103 “Base Civil Engineering Work Clearance Request” must be submitted with all required signatures, to the Contract Inspector prior to beginning of performance on the job site.

No work shall begin until approval of the AF Form 103 has been granted.

H-818 UTILITY OUTAGES JAN 2000

Contractor shall notify the Contracting Officer’s Representative (COR) in writing two weeks prior to any utility outage anticipated during the performance of this contract.

H-819 NO UTILITIES JAN 2000

Power and water are not available at the job site, nor will they be made available by the Government. Contractor is responsible for providing temporary lighting for working at night, portable generators, and portable water.

H-820 SALVAGE MATERIALS JAN 2000

(a) All items of Government property indicated on the drawings or in the specifications to be removed and disposed of by the contractor shall become the property of the contractor and shall be removed promptly from the Eglin AFB Reservation and legally disposed of EXCEPT NONE.

(b) Contractors are encouraged to recycle salvage materials when possible. Contact the Eglin Recycling Center, 850-882-7744, for assistance.

H-829 HAZARDOUS WASTE REMOVAL JAN 2000

The Contractor shall dispose of all hazardous waste in accordance with all applicable local, federal and state environmental laws and regulations, including but not limited to 40 CFR 260-268, Hazardous Waste Management, and Rule 17-30 Florida Administrative Code. The Contractor shall assume the responsibility of determining what constitutes “hazardous waste” and complying with all environmental laws and regulations governing its removal.

H-833 INDEFINITE QUANTITY CONTRACTS JAN 2000

(a) The Customer for this Requirements contract is the 96 Test Wing at Eglin AFB, FL.

(b) Task orders will be issued by the Contracting Officer, AFTC/PZIOC using a DD Form 1155. Each task order will include the following information:

(1) Date of the task order.

(2) Contract number and task order number.

(3) Item number and description, quantity and unit prices and total.

(4) Task order price, delivery or performance date.

(5) Accounting and appropriation data.

(6) Any other pertinent data.

H-837 DAILY REPORT TO INSPECTOR JAN 2000

(a) The Contractor shall submit a Daily Report to 46 RANSS/TSRF inspector on AAC Form 3 or 4003. The report shall include weather conditions, work accomplished, test accomplished, test reports, delays and discrepancies.

(b) The report to the inspector shall be the original signed by the contractor or his superintendent and turned into 46 RANSS/TSRF inspector by 12:00 noon the following work day.

H-841 SUPERINTENDENT (DEC 2012)

Upon notification of award, the Prime Contractor shall identify a superintendent and alternate for this contract and job site. The full name, home address, SSN#, date of birth, state driver’s license #, days/hours of access required, and consent to a background check for security purposes of each such employee shall be required. The Prime Contractor’s superintendent and/or alternate shall be accountable for all individuals allowed onto the installation. The likelihood of a potential employee meeting all security requirements and being granted authorization to access the base should be considered in all hiring and subcontracting decisions. The U.S. Air Force will not be responsible or liable for any costs or delays that a contractor incurs due to a contractor’s employee being denied access to Eglin AFB. The Superintendent and/or alternate shall be responsible for collecting badges/PVC cards from all employees upon completion of the project/contract or termination of service. Prior to final payment approval, the Superintendent shall provide a company letter stating that all Eglin AFB access badges issued in the performance of this contract have been properly turned into the 96 Security Forces Squadron (SFS). This letter must have some type of validation from the 96 SFS badging office employee either by stamp or signature.

H-851 ECONOMIC PRlCE ADJUSTMENT FOR CHANGES IN LANDFILL

DISPOSAL FEES

JUN 1994

(a) The Contractor shall notify the Contracting Officer, at any time during contract performance, the disposal fee unit prices shown in the schedule in Section B either increase or decrease as a result of new landfill/disposal fees set by the County Commissioners. The Contractor shall furnish this notice within 20 calendar days after being notified of any increase or decrease, or within any additional period that the Contracting Officer may approve in writing.

Adjustment for increases shall not be retroactive beyond the 20 calendar day notification period or such time as approved in writing by the Contracting Officer. Adjustments for decreases shall be made effective immediately on the date they are implemented by the landfill. The notice shall include the amount of the adjustment (increase or decrease) the effective date and supporting data explaining the cause of the adjustment.

(b) Promptly after the Contracting Officer receives the notice and date under paragraph (a) above, the Contracting Officer shall modify this contract to include the increase or decrease in the disposal fee (resulting from the adjustment) and its effective date. The contractor shall continue performance pending adjustment.

(c) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(d) No increase shall exceed the cost of using other alternative landfills which are available for use by the Contractor, considering the disposal fees, labor and transportation cost.

(e) Any price adjustment under this clause is subject to the following limitations:

(1) Any adjustment shall be limited to the effect on unit prices as a result of new landfill/disposal fees set by the Okaloosa County Commissioners. There shall be no adjustment for (i) changes in rates or unit prices other than those shown in the Schedule, or (H) changes in the quantities of labor or material used from those shown in the Schedule for each item.

(2) No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment.

(3) No upward adjustment shall be approved for any disposal fee increase that does not apply equally to all landfill customers of similar conditions of service.

(4) The aggregate of the increases in any contract unit price for disposal fees made under this clause shall not exceed 100 percent of the originally awarded unit price for line item, disposal fees for the base period.

There is no percentage limitation on the amount of decreases that may be made under this clause.

(5) There will be no adjustment for any increase in the disposal fees which will not result in a net change of at least 3 (three) percent of the total unit price for the then current contract term (not the cumulative total contract price).

(f) The Government’s obligation under this clause is contingent upon the availability of appropriated funds before payment for this increase can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this increase and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. The clause entitled “Availability of Funds” in Section I, paragraph — applies. (End of clause)

H-854 BONDS OCT 1992

(a) Within the time period specified by the Contracting Officer, the offeror shall furnish two bonds each with surety or sureties acceptable to the Government in the form of a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A). The penal sums of such bonds shall be as follows:

(1) Bid Bonds. Each bidder shall submit WITH THEIR BID a Bid Bond (Standard Form 24) with a surety or sureties acceptable to the Government, or other security in the form of twenty percent (20%) of the bid price but shall not exceed $3,000,000. The Bid Bond amount shall be expressed either as a percentage of the bid price or in dollars and cents.

(2) Performance Bond. The penal sum of the Performance Bond shall equal one hundred percent (100%) of any Delivery (Call) Order $100,000 or greater obligated under this Requirements contract. If the total value of outstanding Delivery (Call) Orders exceeds $100,000 at any one given time, Contractor shall furnish additional performance bonding to reflect increased value of the Delivery (Call) Orders. This requirement also applies to any options exercised by the Government. Any bonds will be furnished by the Contractor to the Government prior to commencement of contract performance.

(3) Payment Bonds. The penal sum of the Payment Bond shall equal one hundred percent (100%) of any Delivery (Call) Order $100,000 or greater obligated under this Requirements contract. If the total value of outstanding Delivery (Call) Orders exceeds $100,000 at any one given time, Contractor shall furnish additional performance bonding to reflect increased value of the Delivery (Call) Orders. This requirement also applies to any options exercised by the Government. Any bonds will be furnished by the Contractor to the Government prior to commencement of contract performance.

(b) Alternate Payment Protection. For delivery orders between $25,000 and $100,000, the contractor shall submit one of the following payment protections for one hundred (100%) of the individual delivery order price:

Payment Bond Irrevocable Letter of Credit

Section I - Contract Clauses

52.202-1 Definitions JAN 2012 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-7 Anti-Kickback Procedures OCT 2010 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.208-9 Contractor Use of Mandatory Sources of Supply or Services OCT 2008 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2010

52.211-10 Alt I Commencement, Prosecution, and Completion of Work (Apr 1984) - Alternate I

APR 1984

52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-2 Alt III Audit and Records--Negotiation (Mar 2009) Alternate III JUN 1999 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.216-7 Alt I Allowable Cost and Payment (Jun 2011) - Alternate I FEB 1997 52.219-1 Alt I Small Business Program Representations (Apr 2012)

Alternate I

APR 2011

52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-14 Limitations On Subcontracting NOV 2011 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

JUL 2005

52.222-6 Davis Bacon Act JUL 2005 52.222-7 Withholding of Funds FEB 1988 52.222-8 Payrolls and Basic Records JUN 2010 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) JUL 2005 52.222-12 Contract Termination-Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-16 Approval of Wage Rates FEB 1988

52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.222-30 Davis-Bacon Act--Price Adjustment (None or Separately Specified Method)

DEC 2001

52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

SEP 2010

52.222-50 Combating Trafficking in Persons FEB 2009 52.222-54 Employment Eligibility Verification JUL 2012 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

JUL 2012

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.223-19 Compliance with Environmental Management Systems MAY 2011 52.225-5 Trade Agreements NOV 2012 52.225-9 Buy American Act--Construction Materials SEP 2010 52.225-10 Notice of Buy American Act Requirement--Construction

Materials

FEB 2009

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

DEC 2012

52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Alt I Patent Indemnity-Construction Contracts (Dec 2007) - Alternate I

DEC 2007

52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds OCT 1995 52.228-14 Irrevocable Letter of Credit DEC 1999 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.230-1 Cost Accounting Standards Notices And Certification MAY 2012 52.230-2 Cost Accounting Standards MAY 2012 52.230-3 Disclosure And Consistency Of Cost Accounting Practices MAY 2012 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims JAN 1986 52.232-25 Prompt Payment OCT 2008 52.232-27 Prompt Payment for Construction Contracts OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.232-36 Payment by Third Party FEB 2010 52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.243-4 Changes JUN 2007 52.243-6 Change Order Accounting APR 1984 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items DEC 2010 52.246-21 Warranty of Construction MAR 1994 52.247-68 Report of Shipment (REPSHIP) FEB 2006 52.248-3 Value Engineering-Construction OCT 2010 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-2 Termination For Convenience Of The Government (Fixed- Price)

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984 52.250-1 Indemnification Under Public Law 85-804 APR 1984 52.251-1 Government Supply Sources APR 2012 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7000 Disclosure Of Information DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Export-Controlled Items APR 2010 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.209-7006 Limitations on Contractors Acting as Lead System Integrators JAN 2008 252.215-7000 Pricing Adjustments DEC 2012 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 2012

252.223-7006 Prohibition On Storage And Disposal Of Toxic And Hazardous Materials

APR 2012

252.223-7006 Alt I Prohibition on Storage and Disposal of Toxic and Hazardous Materials (Apr 1993) - Alternate I

NOV 1995

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7026 Acquisition Restricted to Products or Services APR 2010 252.227-7033 Rights in Shop Drawings APR 1966 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7002 Obstruction of Navigable Waterways DEC 1991 252.236-7003 Payment for Mobilization and Preparatory Work JAN 1997 252.236-7004 Payment for Mobilization and Demobilization DEC 1991 252.236-7006 Cost Limitation JAN 1997 252.236-7013 Requirement for Competition Opportunity for American Stell

Producers, Fabricators, and Manufacturers

JAN 2009

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.242-7004 Material Management And Accounting System MAY 2011 252.243-7001 Pricing Of Contract Modifications DEC 1991

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

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 calendar days. The time stated for completion shall include final cleanup of the premises.

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR INFORMATION OTHER

THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)--ALTERNATE I (OCT 2010)

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth at FAR 15.403-4 on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable--

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Information on modifications of contracts or subcontracts for commercial items.

(A) If--

(1) The original contract or subcontract was granted an exception from certified cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item; and

(2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item.

(B) For a commercial item exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Such information may include--

(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.

(2) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.

(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the Contractor is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments prepared in the following format: N/A

As soon as practicable after agreement on price, but before award (except for unpriced actions), the Contractor shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST

OR PRICING DATA--MODIFICATIONS (OCT 2010)--ALTERNATE III (OCT 1997)

(a) Exceptions from cost or pricing data. (1) In lieu of submitting cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth at FAR 15.403-4 on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable--

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Information on modifications of contracts or subcontracts for commercial items. (A) If--

(1) The original contract or subcontract was granted an exception from cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item; and

(2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item.

(B) For a commercial item exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Such information may include--

(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.

(2) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.

(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for cost or pricing data. If the Contractor is not granted an exception from the requirement to submit cost or pricing data, the following applies:

(1) The Contractor shall submit cost or pricing data and supporting attachments in accordance with Table 15-2 of

FAR 15.408.

(c) Submit the cost portion of the proposal via the following electronic media: [Insert media format]

As soon as practicable after agreement on price, but before award (except for unpriced actions), the Contractor shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from BASE

YEAR: 4 AUG 13 THOUGH 3 AUG 14; FIRST OPTION YEAR: 4 AUG 14 THROUGH 4 AUG 15;

SECOND OPTION YEAR: 4 AUG 15 THROUGH 3 AUG 16.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 0 (zero) targets, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of 30 targets;

(2) Any order for a combination of items in excess of 60 targets; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after base…