FA2823-14-R-4019_Paving_IDIQ_20_August_2014.pdf

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Paving IDIQ Federal contract opportunity
Solicitation number
FA2823-14-R-4019
Issued by
Department of the Air Force Materiel Command Test Center

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FA2823-14-R-4019_Amendment_04.pdf PDF
Attach_3_Bid_Schedule_Revised_18_Aug_14.xlsx XLSX spreadsheet
FA2823-14-R-4019_Paving_IDIQ_11_August_2014.pdf PDF
Q A_2.pdf PDF
Amendment_03_FA2823-14-R-4019.pdf PDF
Aerial_Photo.pdf PDF
FA2823-13-R-4019_L M_Paving_Rev_8-8-2014.pdf PDF
Attach_3_Bid_Schedule_Revised_8-8-14.xlsx XLSX spreadsheet
Paving_IDIQ_Q A_30_July_14.pdf PDF
Attach_3_Bid_Schedule.xlsx XLSX spreadsheet
FA2823-14-R-4019_Paving_IDIQ_Revised_Solicitation.doc DOC document
Amendment_02_FA2823-14-R-4019.pdf PDF
Amendment_01_FA2823-14-R-4019.doc DOC document
Attach_7_APPENDIX_A.pdf PDF
Attach_3_Bid_Schedule.pdf PDF
Attach_9_APPENDIX_C.pdf PDF
Attach_12_Seed_Statement_of_Work.pdf PDF
FA2823-14-R-4019_Paving_IDIQ_2014.doc DOC document
Attach_1_Paving_Specifications.pdf PDF
Attach_5_CAB_Affidavit.pdf PDF
Attach_8_APPENDIX_B.pdf PDF
Attach_4_Contract_Bonds_Checklist.pdf PDF
Attach_10_WD_3_Jan_2014.pdf PDF
Attach_11_Statement_of_Work.pdf PDF
Attach_6_Base_Access_Memorandum_Template.doc DOC document
Attach_2_Safety_Requirements.pdf PDF
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FA2823-14-R-4019-0004

Paving Indefinite Delivery Indefinite Quantity Contract (IDIQ) This is a f irm fixed price construction contract. This is a Full and Open Acquisition.

This acquisition is a TRADE-OFF ACQUISITION (PPT) w ith price/past performance approximately being equal.

The magnitude of this construction requirement w ill be betw een $25,000,000 and $100,000,000.

The contractor is responsible for reading SECTION "L" AND "M" and complying w ith all the requirements.

See Schedule, offeror is required to complete and return SF 1442, Section B through Section K.

Proposals can be hand carried or mailed to AFTC/PZIOC, 308 West D Avenue, Ste 130 (Bldg 260), Eglin AFB, FL 32542 Attn: Velmandria Sylvester. Please include the solicitation number, FA2823-13-R-4019.

Faxed or emailed proposals w ill NOT be accepted.

A site visit w ill be held for the f irst task order project (FTFA 14-1091Paving Drivew ay Small Engine Shop Bldg 684) and w ill be conducted from 10:00 to 1100 on 31 July 2014, see Section L. Site visit w ill be conducted on individual task orders after aw ard.

Questions regarding the f irst task order/Solicitation are due 1400 on (7 August 2014).

Funding w ill be sited on each individual task order stated in Section G.

VELMANDRIA L SYLVESTER 850-882-0245

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

20-Aug-2014

(RFP)

(IFB)

X

CALL:

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 X mandatory, negotiable. (See _________________________FAR 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 ______________28 Aug 2014 (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

02:00 PM (hour) Sealed envelopes containing offers

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

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

FA2823-14-R-4019

Section SF 30 - BLOCK 14 CONTINUATION PAGE

AMENDMENT 01, FA2823-14-R-4019

The purpose of this amendment is written to correct the Solicitation closing date.

The SF 1442, Block 13A Additional Solicitation Requirements is changed from 18 June 2014, to read 18 August 2014.

All other terms and condition of this solicitation remain unchanged.

AMENDMENT 02, FA2823-14-R-4019

The purpose of this amendment is to remove attachments from solicitation, correct Bid Schedule, add clause FAR 52.222-99 (Deviation), and to add Q&A received to date.

1. The Bid Schedule and Wage Determinations were removed from the body of the solicitation. Bid Schedule attachment was corrected for formatting issues and to reflect only Unit and Unit Price columns.

2. FAR clause 52.222-99, Establishing a Minimum Wage for Contractors (Deviation), is hereby incorporated into this solicitation by reference.

3. Questions and Answers received to date are attached.

4. All other terms and conditions of this solicitation remain unchanged.

AMENDMENT 03, FA2823-14-R-4019

1. The purpose of this amendment 03 is to add the revised Bid Schedule, Aerial photo, correct sections L&M to add subcontracting plan verbiage and add L&M back into solicitation (full text), and to address Questions and Answers to date. Contract clause H-833, Indefinite Quantity Contracts is removed. The maximum cumulative value of all orders was revised. Contract Minimum/Maximum Quantity and Contract Value, and CLIN Delivery/Task Order Minimum /Maximum Quantity and CLIN Order Value and The Delivery Information Period of Performance and Contract clause 52.216-19 was revised. The line item Quantity and Unit column was revised. Proposal due date is extended from 18 August 2014 to 21 August 2014.

2. Bid Schedule layout, numbering, spacing corrected; removed NPDES Permit Fee and BOND percentage.

3. Incorporates the seed project/ initial contract delivery order project location drawing, project number FTFA 14-1091, Pave Driveway Small Engine Shop Bldg 684 into the solicitation.

4. Sections L&M were corrected to add subcontracting plan for Large Business verbiage and L&M was added back into the solicitation. They were inadvertently removed via Amend 02.

5. Questions & Answers to date (Q&A #2) posted.

6. Contract clause H-833, Indefinite Quantity Contracts is removed. Contract Minimum/Maximum Quantity and Contract Value, and CLIN Delivery/Task Order Minimum /Maximum Quantity and CLIN Order Value are revised. The Delivery Information Period of Performance was revised. Contract clause 52.216-19, Order Limitations (Oct 1995) is revised to change the minimum order amount and any order for a combination of items in excess of $9,000,000.00. The line item Quantity and Unit column was revised.

7. Proposal due date is extended from 18 August 2014 to 21 August 2014.

8. All other terms and conditions of this solicitation remain unchanged.

AMENDMENT 04, FA2823-14-R-4019

9. The purpose of amendment 04 is to add an estimated quantity and total amount column to the bid schedule.

This information allows contractors to bid on the government's estimated usage so they can bid more accurately and better reflect quantity discounts.

10. The instructions in sections L&M originally provided, and as amended in amendment 03, still apply.

11. Corrected Q&A. In regard to the Question and Answer dated 11 August 2014, question 2: Follow the instruction from the L&M section under Price Evaluation process. The number 57 prefilled in for each

CLIN has been removed and replaced with 1 Lump Sum."

12. Extend the proposal delivery due date by a week from 21 August 2014 to 28 August 2014.

13. All other terms and conditions of this solicitation remain unchanged

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lump Sum

OPTION Paving IDIQ (Base Year)

FFP

Furnish all plant, labor, materials, and equipment, and perform all operations in connection with Paving (Indefinite Delivery Indefinite Quantity Contract), Eglin AFB FL in accordance with Specifications FTFA 13-1129, dated 11 March 2013.

SEE SCHEDULE "B" - PRICE SCHEDULE FOR PRICES.

FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

1001 1 Lump

Paving IDIQ (First Option Year)

Furnish all plant, labor, materials, and equipment, and perform all operations in connection with Paving (Indefinite Delivery Indefinite Quantity Contract), Eglin AFB FL in accordance with Specifications FTFA 13-1129, dated 11 March 2013.

UNIT UNIT PRICE MAX AMOUNT

2001 1 Lump

Paving IDIQ (Second Option Year)

Furnish all plant, labor, materials, and equipment, and perform all operations in connection with Paving (Indefinite Delivery Indefinite Quantity Contract), Eglin AFB FL in accordance with Specifications FTFA 13-1129, dated 11 March 2013.

UNIT UNIT PRICE MAX AMOUNT

3001 1 Lump

Paving IDIQ (Third Option Year)

Furnish all plant, labor, materials, and equipment, and perform all operations in connection with Paving (Indefinite Delivery Indefinite Quantity Contract), Eglin AFB FL in accordance with Specifications FTFA 13-1129, dated 11 March 2013.

UNIT UNIT PRICE MAX AMOUNT

4001 1 Lump

Paving IDIQ ( Fourth Option Year)

Furnish all plant, labor, materials, and equipment, and perform all operations in connection with Paving (Indefinite Delivery Indefinite Quantity Contract), Eglin AFB FL in accordance with Specifications FTFA 13-1129, dated 11 March 2013.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00 $5,000.00 285.00 $45,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each

Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

1.00 $5,000.00 57.00 $9,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

0001 1.00

$5,000.00

57.00

$9,000,000.00

CLAUSES INCORPORATED BY FULL TEXT

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB

2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

A201. LINE ITEMS

THE FOLLOWING CONTRACT LINE ITEMS ARE FIRM FIXED PRICE:0001 THROUGH 4058.

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 N/A N/A N/A Government 1001 N/A N/A N/A Government 2001 N/A N/A N/A Government 3001 N/A N/A N/A Government 4001 N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996 52.246-13 Inspection--Dismantling, Demolition, or Removal of

Improvements

AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 15-SEP-2014 TO

14-SEP-2015

N/A N/A

1001 POP 15-SEP-2015 TO

14-SEP-2016

2001 POP 15-SEP-2016 TO

14-SEP-2017

3001 POP 15-SEP-2017 TO

14-SEP-2018

4001 POP 15-SEP-2018 TO

14-SEP-2019

52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

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 Director, Civil Engineering, 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 Construction Management Branch, 96 CEG/CEOM, telephone 882-2864, 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-807 ON-BASE PERFORMANCE JAN 2000

(a) Work on this project shall be accomplished during normal hours, which are 7:00 AM to 3:30 PM, Monday through Friday, except legal holidays. 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) 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.

(c) If building remains occupied throughout construction, special provisions apply as follows: This will be identified on each individual delivery order issues hereunder.

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-813 ENVIRONMENTAL INSURANCE REQUIREMENTS JAN 2000

The Contractor shall, at its own expense, provide and maintain insurance during the entire performance period of this contract which specifically provides coverage for environmental damages with a minimum amount of $1,000,000.00 per occurrence.

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 EXCEPTitems identified on individual task orders issued hereunder.

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

H-825 ASBESTOS REMOVAL REQUIREMENTS OCT 1992

The contractor shall comply with the applicable requirements of 29 CFR 1910.1001 and 40 CFR 61, Subparts A and M and with laws, ordinances, rules and regulations of federal, state, and local authorities regarding handling, transporting, and disposing of asbestos waste materials. Where the requirements of this specification and referenced documents vary, the most stringent requirements shall apply.

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-837 DAILY REPORT TO INSPECTOR JAN 2000

(a) The Contractor shall submit a Daily Report to 96 CEG/CEOM 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 96 CEG/CEOM 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-842 WEATHER DELAYS MAY 2003

The Anticipated Normal Weather Delay Schedule shown below is developed by month for this geographic location using National Oceanic and Atmospheric Administration (NOAA) and similar Weather Averaging System data for the project’s general location. The Government has included additional time in the allowed performance period using this data. (The basic performance period allows seven calendar days for every five-day working days assuming based on working Monday through Friday. The contractor’s progress schedule must take these anticipated adverse weather delays into account in all weather-dependent activities to ensure timely completion of the job.

MONTHLY ANITCIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON A 5-DAY WORKWEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

5 5 5 3 3 5 8 6 5 3 4 5

Upon acknowledgement of Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on his Daily Report (AAC Form 3), the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for fifty percent or more of the Contractor’s scheduled workday and must cause a delay in the work activities critical to contract completion.

In order to obtain relief from contract schedule requirements, the Contractor will have to demonstrate not only that the anticipated amount of weather delay was exceeded by actual weather interruption, but also that reasonable efforts were made to compensate for such excess interruptions through changes in work hours, changes in the planned sequence of work, increased concurrent activities, or other available measures. Contemporaneous documentation of such efforts and prompt coordination thereof with government inspectors is encouraged (see below).

In the event that all reasonable effort to complete the required performance on schedule fail and it is determined that excessive inclement weather was the cause of that failure, the Contractor may request extension of the project performance period for any weather delays suffered because of adverse weather beyond the number day indicated on the chart. The number of workdays of delay added to the schedule shall be converted to calendar days by adding the appropriate number of weekend days associated with that number of workdays.

(1) Adverse weather days will not be granted for other than normal workdays that the Contractor requested to work solely for the Contractor’s convenience to meet the contract performance period.

(2) Any extensions to the contract because of change orders will have the normal adverse weather days figured into the extension period.

(3) If the contract dictates an alternate performance period other than a normal Monday through Friday five-day workweek, an extension will be considered based on the contract requirement for a workday.

Upon the request of the Contractor made within one workweek after the relevant events, the government inspector will review the Contractor’s documentation of weather delays and circumstances relevant to the availability of work-arounds and promptly confirm or dispute the Contractor’s conclusions in writing to the Contractor and the Contracting Officer. If the Contractor requests an adjustment to the contract schedule based on the government inspector’s review, the contractor shall notify the Contracting Officer in writing and provide relevant information and recommendations regarding the request. The Contracting Officer shall determine whether the request should be promptly granted, deferred pending determination of cumulative weather effects during the contract performance period, denied, or some combination thereof. The reason for any deferral or denial will be simultaneously communicated to the Contractor in writing.

The findings of the Contracting Officer shall be final and conclusive subject to appeal under the Disputes clause.

Upon any extension, the Contractor shall immediately submit to the Contracting Officer a revised progress schedule to meet the revised performance period.

H-846 INSURANCE CLAUSE IMPLEMENTATION MAR 2004

The Contractor shall obtain and maintain the minimum kinds and amounts of insurance during performance of this contract as specified in FAR Sub Part 28.3.

WIDE AREA WORK FLOW DODAAC AND EMAIL DISTRIBUTION TABLE

SF 1449

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR INVOICES AND ADDITIONAL

EMAILS CORRECTLY THROUGH WAWF.

Invoice Type: INVOICE AND RECEIVING REPORT (COMBO) *Contract Number: See Block #2 of the award *Delivery Order: See Block #4 of the award if applicable *Issue Date: See Block #3 of the award *Issue DODAAC: See Block #9 of the award *Admin DODAAC: See Block #16 of the award Inspected By DODAAC/Ext:

*Ship To Code/Ext: See Contract Line Item Ship From Code:

*Pay DODAAC: See Block #18a of the award

ADDITIONAL EMAIL NOTIFICATIONS:

1. velmandria.sylvester@us.af.mil

2. kristine.wright.2@us.af.mil

Payments may be expedited electronically via the Internet through the Wide Area Work Flow (WAWF) system.

WAWF may be accessed at https://wawf.eb.mil.

WAWF Training may be accessed online at http://www.wawftraining.com.

Payment information may be accessed using the DFAS website at https://www.dfas.mil. Your purchase order/contract number or invoice will be required to inquire status of your payment.

H-853 Conformance with Environmental Management Systems (Pollution Prevention and

Right-to-Know Information)

APR 2008

1. In addition to the requirements in FAR 52.223-5, contractors shall provide a list of toxic and hazardous chemicals to the Facility Hazardous Materials Cell, 96 CEG/CEVCP, 850-882-4677 before bringing any material onto the facility. This list shall consist of the material name, manufacturer name and address, quantity and size of the materials. This list may be in Microsoft Word or Excel. Updates of this list shall be submitted quarterly to the above office.

2. The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility environmental management system (EMS) applicable for your contract. The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the agency, organizational, or facility EMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the EMS Site Coordinator, 96 CEG/CEVCP, 850- 882-7684. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the environmental management system and how these requirements affect their work performed under this contract.

3. All on-site contractor personnel shall complete facility sponsored environmental training specific to the facility.

The facility training will take approximately thirty minutes to accomplish. The training must be completed within 90 days of the contractor employee being work on the installation. The method of training can be video or my seminar presentations. Documentation of the training will be provided to EMS Coordinator, 96 CEG/CEVCP, 850- 882-7684. Upon contract award, the Contracting Officer's Representative will notify the facility-level Environmental Management Systems Coordinator, 96 CEG/CEVCP, 850-882-7684 to arrange EMS training for appropriate staff.

H-854 BONDS NOV 2013

(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 $150,000 or greater obligated under this Requirements contract. If the total value of outstanding Delivery (Call) Orders exceeds $150,000 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 $150,000 or greater obligated under this Requirements contract. If the total value of outstanding Delivery (Call) Orders exceeds $150,000 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 $30,000 and $150,000, 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 NOV 2013 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 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

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

SEP 2013

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 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUL 2013

52.204-15 Service Contract Reporting Requirements for Indefinite- Delivery Contracts

JAN 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

AUG 2013

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.210-1 Market Research APR 2011 52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 52.211-10 Alt I Commencement, Prosecution, and Completion of Work (Apr

1984) - Alternate I

APR 1984

52.211-12 Liquidated Damages--Construction SEP 2000 52.211-13 Time Extensions SEP 2000 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.219-4 Alt I Notice of Price Evaluation preference for HUBZone Small

Business Concerns (JAN 2011) Alternate I

JAN 2011

52.219-8 Utilization of Small Business Concerns JUL 2013 52.219-9 Alt II Small Business Subcontracting Plan (JULY 2013) Alternate II OCT 2001 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 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 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.222-26 Equal Opportunity MAR 2007 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 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-50 Combating Trafficking in Persons FEB 2009 52.222-54 Employment Eligibility Verification AUG 2013 52.222-99 (Dev) Establishing a Minimum Wage for Contractors (Deviation

2014-O0017)

JUN 2014

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances MAY 2001 52.223-12 Refrigeration Equipment and Air Conditioners MAY 1995 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.224-2 Privacy Act APR 1984 52.225-11 Buy American Act--Construction Materials Under Trade

Agreements

SEP 2013

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 Patent Indemnity-Construction Contracts DEC 2007 52.228-1 Bid Guarantee SEP 1996 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 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-17 Interest OCT 2010 52.232-18 Availability Of Funds APR 1984 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-23 Assignment Of Claims JAN 1986

52.232-25 Prompt Payment JUL 2013 52.232-27 Prompt Payment for Construction Contracts JUL 2013 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes JUL 2002 52.233-1 Alt I Disputes (Jul 2002) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-1 Performance of Work by the Contractor APR 1984 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 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 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I 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 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

APR 1984

52.236-26 Preconstruction Conference FEB 1995 52.236-27 Alt I Site Visit (Construction) (Feb 1995) - Alternate I FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items DEC 2013 52.246-12 Inspection of Construction AUG 1996 52.246-13 Inspection--Dismantling, Demolition, or Removal of

Improvements

AUG 1996

52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2010 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-2 Alt I Termination for Convenience of the Government (Fixed- Price) (Apr 2012) - Alternate I

SEP 1996

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements)

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984

52.249-10 Alt I Default (Fixed-Price Construction) (Apr 1984) Alternate I APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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 SEP 2013 252.203-7004 Display of Fraud Hotline Poster(s) DEC 2012 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A MAY 2013 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding of unclassified controlled technical information NOV 2013 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

252.209-7999 (Dev) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law (Deviation)

JAN 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

252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.227-7000 Non-estoppel OCT 1966 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 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.236-7005 Airfield Safety Precautions DEC 1991 252.236-7008 Contract Prices-Bidding Schedules DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.247-7023 Transportation of Supplies by Sea JUN 2013

5352.242-9000 CONTRACTOR ACCESS TO AIRFORCE

INSTALLATIONS

NOV 2012

5352.291-9011 INDUCTION AT RISK (AFMC) APR 2001

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUN 1988)

The specifications cited in this solicitation may be obtained from:

Mark A. Brock

AFTC/PZIO

308 West D Ave Ste 130 Bldg 260 Eglin AFB, FL 32542 850-882-3144

The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

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 $5,000.00 (insert dollar figure or quantity), 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 $2,500,000.00 (insert dollar figure or quantity);

(2) Any order for a combination of items in excess of $9,000,000.00 (insert dollar figure or quantity); or

(3) A series of orders from the same ordering office within 10 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 5 days after issuance, with written notice stating the Contractor's intent not to ship the item…

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