FA2823-14-R-4019_Paving_IDIQ_Revised_Solicitation.doc

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.

Section B - Supplies or Services and Prices

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

Paving IDIQ (First Option 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.

NET AMT

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. SEE SCHEDULE "B" - PRICE SCHEDULE FOR PRICES.

NET AMT

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. SEE SCHEDULE "B" - PRICE SCHEDULE FOR PRICES.

NET AMT

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. SEE SCHEDULE "B" - PRICE SCHEDULE FOR PRICES.

NET AMT

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

$5,000.00

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.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

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)

CLAUSES INCORPORATED BY FULL TEXT

A201. LINE ITEMS

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

Section C - Descriptions and Specifications

CLAUSES INCORPORATED BY FULL TEXT

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:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

01-JUN-2016

01-JUN-2016

01-JUN-2017

01-JUN-2018

01-JUN-2019

CLAUSES INCORPORATED BY REFERENCE

Section H - Special Contract Requirements

Section K of the solicitation is hereby incorporated by reference.

(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.

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.

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.

(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.

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.

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.

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.

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.

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.

(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.

CLAUSES INCORPORATED BY FULL TEXT

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.

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.

The Government hereby obligates itself to order a minimum of $5,000.00 in services during the period of the contract. Individual orders, not to exceed $6,000,000.00 each, may be negotiated hereunder. The maximum cumulative value of all orders hereunder shall not exceed $44,938,668.23 per year.

(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.

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

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.

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.

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.

(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

CLAUSES INCORPORATED BY REFERENCE

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)

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of clause)

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 $2,000.00 (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 $5,000,000.00 (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 (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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 time specified in individual delivery orders issued hereunder.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

(End of clause)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JAN 2011)

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).

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

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

(ii) Otherwise successful offers from small business concerns.

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

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

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

(4) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

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

___ Offeror elects to waive the evaluation preference.

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

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

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

(3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or

(4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.

(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.

(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

(End of clause)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JULY 2013)

(a) It is the policy of the United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems.