RFP Working Draft 17 Jul 09.pdf

Section A – Solicitation/Contract Form

HQ AETC CONS/LGCS

2021 1

ST

STREET WEST

RANDOLPH AFB, TX 78150-4302

210-652-9590

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$12.5M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA3002-09-R-0035 31-Jul-2009

b. TELEPHONE NUMBER 210-652-9590

8. OFFER DUE DATE/LOCAL TIME

04:30 PM 30 Aug 2009

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

22. UNIT 23. UNIT PRICE 24. AMOUNT 21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX:

NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BY OFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA3002

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MICHELLE ADAMS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

562111

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

1 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

FA3002-09-R-0035

Section B – Services and Prices

See Attachment 3, Schedule B (Excel Spreadsheet)

Section C – Descriptions and Specifications

The Performance Work Statement (PWS) (See Attachment 1) includes requirements for all 13 bases. Not all requirements in the PWS will be applicable to all bases. The Appendices to the

PWS include the particular circumstances and requirements for each base.

Section D – Packaging and Marking

Not Applicable

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

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Section F – Deliveries or Performance

DELIVERY INFORMATION

The basic Multiple Award Task Order Contract (MATOC) award (referred to as the ―basic contract‖) is scheduled for a base period plus 7-1yr option periods. Individual task order awards for 13 bases are anticipated for a base period plus 4-1yr option periods. We anticipate awarding task orders for

Goodfellow, Sheppard and Keesler AFBs in FY10 and the remaining 10 bases over the next 4 years according to the following schedule. Task order delivery information will be identified upon award of each task order. Note: This schedule is flexible and the Government reserves the right to adjust as necessary to meet the needs of the Government.

FY10 Task Orders - Goodfellow, Sheppard & Keesler:

Base Period 18 Nov 2009 through 30 Sep 2010 st Option Period: 1 Oct 2010 through 30 Sep 2011 nd

Option Period: 1 Oct 2011 through 30 Sep 2012 rd

Option Period: 1 Oct 2012 through 30 Sep 2013 th Option Period: 1 Oct 2013 through 30 Sep 2014

Anticipated FY11 Task Orders - Randolph, Lackland, FSH, & Luke

Note: Randolph, Lackland & FSH = 1 Task Order

Base Period 1 Oct 2010 through 30 Sep 2011 st Option Period: 1 Oct 2011 through 30 Sep 2012 nd

Option Period: 1 Oct 2012 through 30 Sep 2013 rd

Option Period: 1 Oct 2013 through 30 Sep 2014

Option Period: 1 Oct 2014 through 30 Sep 2015

Anticipated FY12 Task Orders - Laughlin, Columbus, Tyndall, & Maxwell

Base Period 1 Oct 2011 through 30 Sep 2012 st Option Period: 1 Oct 2012 through 30 Sep 2013 nd

Option Period: 1 Oct 2013 through 30 Sep 2014 rd

Option Period: 1 Oct 2014 through 30 Sep 2015

Option Period: 1 Oct 2015 through 30 Sep 2016

Anticipated FY13 Task Orders - Altus & Vance

Base Period 1 Oct 2012 through 30 Sep 2013 st Option Period: 1 Oct 2013 through 30 Sep 2014 nd

Option Period: 1 Oct 2014 through 30 Sep 2015 rd

Option Period: 1 Oct 2015 through 30 Sep 2016

Option Period: 1 Oct 2016 through 30 Sep 2017

Section G – Contract Administration Data

1.0 Contracting Officer (CO):

1.1 The Air Education and Training Command Contracting Squadron (AETC CONS)

Contracting Officer (CO) has the overall responsibility for the administration of the basic contracts. Only he/she can amend, modify or deviate from contract terms, conditions and requirements. The CO is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provision contained elsewhere in this contract, the said authority remains solely in the CO. In the event the Contractor achieves any change direction of any person other than the CO, the change will be considered to have been made without authority.

1.2 As necessary, the AETC CONS CO and HQ AETC/A7C PM work with the bases’ CO, Quality Assurance Evaluator (QAE), Qualified Recycling Program (QRP) Manager and customer organizations to ensure that Contractors' performance conforms to the terms and conditions as specified in the contract and all Task Orders (TO) issued under the contract.

1.3 AETC CONS will solicit and award the basic contracts and all subsequent TOs. The individual bases will have decentralized administration authority which will be provided under separate cover after award of the task order.

1.4 The CO maintains a separate contract file for each ISWM contract. Each contract file contains the basic contract, all contract modifications, proposals submitted by the Contractor, evaluation results and all other solicitation and contract related documentation. The CO also maintains a file for every task order issued under the ISWM contract. The task order file contains a copy of the task order, all task order modifications, proposals submitted by the

Contractor, evaluation results and all other solicitation, monthly progress reports, all task order related documentation, and the customer's evaluation of the Contractor's past performance on the task order at its completion.

1.5 The Administrative Contracting Officer (ACO) is responsible for the post award administration of their respective task order along with ensuring AETC CONS receives copies of all task order modifications and related documents to include the customer’s evaluation of the

Contractor’s past performance on the task order at its completion. The ACO maintains a task order file containing the task order, all task order modifications, monthly progress reports, all task order related documentation and the customer’s evaluation of the Contractor’s past performance on the task order at its completion. The ACO may incorporate updates and changes to the Appendices quarterly, if required. The ACO is also responsible for ensuring Contractor

Performance Assessment Reports (CPARS) are accomplished, if necessary and close out of the task order at its completion.

AETC CONS/LGCS CO:

MICHELLE R. ADAMS

AETC CONS/LGCS

2021 FIRST STREET WEST

RANDOLPH AFB, TX 78150

Telephone: (210)652-9590

Email Address: michelle.adams@randolph.af.mil

(Base Name) ACO: (To be provided on individual task order award)

Name

Organization

Address

Telephone

Email Address

2.0 Program Manager (PM):

The Headquarters AETC Civil Engineering Division (HQ AETC/A7C) Program Manager (PM) has the overall responsibility for the Performance Work Statement (PWS). Recommended changes should be submitted through the respective base QAE and/or QRP Manager. The HQ

AETC/A7C PM is the only one authorized to approve changes to the PWS.

HQ AETC/A7C PM:

ROLAND LOPEZ

HQ AETC/A7COS

266 F Street West

Randolph AFB, TX 78150

Telephone: (210) 652-2994

Email Address: roland.lopez@randolph.af.mil

3.0 QAE and QRP Manager:

3.1 QAEs and QRP Managers will be assigned at each base. The QAE and QRP Manager at each base act as liaisons between the CO, Contractors and customer organizations and coordinate the technical aspects of the ISWM contracts.

3.2 As necessary, the QAE and QRP Manager work with the CO, Contractors and customer organizations to ensure that the Contractor’s performance conforms to the terms and conditions as specified in the contract, TO and Performance Plan (PP).

mailto:michelle.adams@randolph.af.mil mailto:roland.lopez@randolph.af.mil

3.3 The QAE and QRP Manager maintain a contract file for each of their respective TOs in a manner similar to that used by the CO, except that the QAE and QRP Manager’s files also contain records of performance information evaluated per the PP.

3.4 QAE and QRP Managers work very closely with customer organizations and the Contractors to make sure that the customers are satisfied with Contractor performance. QAE and QRP

Managers also ensure that the Contractor's project management is effective, quality of work meets or exceeds the Government's requirements as specified in the PWS, scheduled deadlines are met, work is completed within the authorized budget and the Contractor has an acceptable business relationship with the Government.

3.5 QAE and QRP Managers obtain funding for the project, ensures that all Contractor personnel have proper security clearances before they start working on the project, provides technical guidance to Contractors, review Contractors' performance is in accordance with the PWS, accepts deliverables to ensure that all requirements set forth in the contract as well as the task order have been met and certify all task order invoices. QAE and QRP Managers are responsible for evaluating and documenting the Contractor's past performance through a minimum of a monthly progress report. This report shall be provided by the QAE and QRP managers to the

ACO responsible for the administration of the task order. Additional QAE and QRP Manager responsibilities’ are in the PP.

QAE and QRP Manager: (To be provided on individual task order award)

Name

Organization

Address

Telephone

Email Address

4.0 Financial Administration:

4.1 Obligating Funds: Funds for services to be obtained under a task order are obligated separately for each individual task order. The QAE and QRP Managers ensure a DD Form 9 is prepared properly and forwarded to the ACO for coordination. The ACO will then e-mail a complete and certified DD Form 9 to the AETC CONS CO.

4.2 Paying Contractor Invoices: Each base is responsible for reviewing and certifying invoices for all work performed under their respective TO.

4.2 Revenue Sharing: The generated revenue from recycling proceeds must be provided by the contractor to the government to pay for the recycling program. Once the recycling program costs are attained by recycling proceeds, the contractor will be provided 75% of all revenue exceeding the recycling program cost. These reimbursements will be made on a quarterly basis to coincide with Resource, Recovery and Recycling Program reporting. The remaining portion of the revenue generation, 25%, will be retained by the government. Additionally, all revenue proceeds provided to the contractor must be utilized for additional labor and/or materials to develop the

ISWM program.

5.0 Electronic Commerce:

Unless otherwise specified, AETC CONS intends to use electronic commerce methods to the maximum practical extent in conducting business with its Contractors and all customer organizations.

6.0 Ordering Procedures:

6.1 These ordering procedures apply to follow-on orders after the basic award and do not apply to

Goodfellow, Sheppard and Keesler TOs. The Goodfellow, Sheppard and Keesler TOs will be ordered and awarded in accordance with the evaluation criteria set forth in Section M of

Solicitation FA3002-09-R-0035.

6.2 The customer organization will prepare the PWS Appendices specifying the individual base requirements.

6.3 AETC CONS will conduct streamlined Performance Price Tradeoff (PPT) source selections for TOs. Specific evaluation criteria for individual TOs will be identified in the TO solicitation, however the process for evaluation will be the same or similar to that of which the basic contract and initial three TOs are awarded.

6.3.1 AETC CONS will send solicitations for additional TOs to ISWM Contractors electronically and provide a due date for related questions and submission of the Contractor's Technical, Price and Past Performance proposals. When deemed appropriate for a particular requirement, depending upon the urgency and tight deadlines, the customer may request oral proposals in lieu of written proposals. All prime Contractors are given a Fair Opportunity to be considered for the task order award unless it is determined that the task will be awarded without competition in accordance with FAR 16.505. Any contractor who is solicited but refuses to reasonably propose on a task order may NOT be considered for any additional task orders throughout the life of the contract.

6.4 It is the intent of AETC CONS and HQ AETC/A7C to conduct site visits at each base prior to receipt of proposals for the individual base TOs. Pre-proposal conferences will be conducted prior to receipt of TO proposals and the date and location will be specified at the time of solicitation release. The pre-proposal conference will provide Contractors an opportunity to ask questions and seek clarification of the Government's requirements as stated in the PWS. This exchange of information enables Contractors to understand task requirements clearly so that they can in turn prepare technical, price and past performance proposals that are responsive to the customer's requirements.

6.5 The due date for receipt of proposals will be specified in each TO solicitation. While preparing their proposals, Contractors must never communicate with anyone other than the CO on any issue related to the task.

7.0 Contractors:

7.1 Contractors receive Task Order (TO) solicitations for the individual bases. These solicitations may combine multiple bases into a single solicitation in which individual TOs for each base will be issued, unless specified otherwise. In response to each TO solicitation, Contractors will be asked to prepare streamlined technical, price and past performance proposals particular to the individual base(s) solicited at that time.

7.2 When the CO issues an executed (signed) task order which authorizes a Contractor to start work on the task, the Contractor will perform work as described in the PWS of the awarded task order. Contractor performance must conform to all terms and conditions of the basic contract as well as the TO.

7.3 On all TOs, Contractors must ensure that their personnel do not perform any work which is outside the scope of the PWS or the period of performance.

7.4 Contractors will be evaluated on their performance by their customers per the PP. At the

Government's request, Contractors may provide comments on the customer's evaluation of a completed task.

7.5 The AETC CONS CO and HQ AETC/A7C PM will coordinate the selection of the technical, price and past performance evaluation members from the customer organizations who will be fully responsible for evaluating proposals.

7.6 The government intends to award individual TOs without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest. If the government elects to hold discussions, a competitive range will be established based on FAR 15.306(c) procedures and the TO solicitation.

7.7 These ordering procedures do not guarantee the contractor issuance of any TO above the minimum guarantee stated in FAR 52.216-19 of this contract.

7.8 Under the provisions of the Federal Acquisition Streamlining Act of 1994, 10 U.S.C. 2304

(c) (Public Law 103.355), a protest is not authorized in connection with the issuance or proposed issuance of an individual TO except on the grounds that the order increases the scope, period or maximum value of the contract under which the TO is issued.

Section H – Special Contract Requirements

Not Applicable

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUL 2004

52.203-3 Gratuities APR 1984

52.203-6 Restrictions On Subcontractor Sales To The

Government

SEP 2006

52.203-6 Alt I Restrictions On Subcontractor Sales To The

Government (Sep 2006) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain

Federal Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000

52.204-7 Central Contractor Registration APR 2008

52.209-6 Protecting the Government's Interest When

Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.212-4 Contract Terms and Conditions--Commercial Items MAR 2009

52.217-5 Evaluation Of Options JUL 1990

52.219-8 Utilization of Small Business Concerns MAY 2004

52.219-14 Limitations On Subcontracting DEC 1996

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities FEB 1999

52.222-26 Equal Opportunity MAR 2007

52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998

52.222-37 Employment Reports On Special Disabled

Veterans, Veterans Of The Vietnam Era, and Other

Eligible Veterans

SEP 2006

52.222-39 Notification of Employee Rights Concerning

Payment of Union Dues or Fees

DEC 2004

52.222-41 Service Contract Act Of 1965 NOV 2007

52.222-43 Fair Labor Standards Act And Service Contract Act

- Price Adjustment (Multiple Year And Option)

NOV 2006

52.222-50 Combating Trafficking in Persons FEB 2009

52.223-3 Hazardous Material Identification And Material

Safety Data

JAN 1997

52.223-5 Pollution Prevention and Right-to-Know

Information

AUG 2003

52.223-6 Drug-Free Workplace MAY 2001

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.229-3 Federal, State And Local Taxes APR 2003

52.232-18 Availability Of Funds APR 1984

52.232-25 Prompt Payment OCT 2008

52.232-33 Payment by Electronic Funds Transfer--Central

Contractor Registration

OCT 2003

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-1 Site Visit APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991

52.242-15 Stop-Work Order AUG 1989

52.245-1 (Dev) Government Property (June 2007) JUN 2007

52.245-2 Government Property Installation Operation

Services

JUN 2007

52.245-9 Use And Charges JUN 2007

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.246-20 Warranty Of Services MAY 2001

52.247-34 F.O.B. Destination NOV 1991

52.249-4 Termination For Convenience Of The Government

(Services) (Short Form)

APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.204-7000 Disclosure Of Information DEC 1991

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004

Alt A

Central Contractor Registration (52.204-7)

Alternate A

SEP 2007

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

252.211-7007 Reporting of Government-Furnished Equipment in the DoD Item Unique Identification (IUID)

Registry

NOV 2008

252.219-7011 Notification to Delay Performance JUN 1998

252.223-7001 Hazard Warning Labels DEC 1991

252.223-7006 Prohibition On Storage And Disposal Of Toxic

And Hazardous Materials

APR 1993

252.225-7001 Buy American Act And Balance Of Payments

Program

JAN 2009

252.225-7002 Qualifying Country Sources As Subcontractors APR 2003

252.225-7002 Qualifying Country Sources As Subcontractors APR 2003

252.225-7012 Preference For Certain Domestic Commodities DEC 2008

252.226-7001 Utilization of Indian Organizations and Indian-

Owned Economic Enterprises, and Native

Hawaiian Small Business Concerns

SEP 2004

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment MAR 1998

252.246-7000 Material Inspection And Receiving Report MAR 2008

CLAUSES INCORPORATED BY FULL TEXT

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP

2007)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing

Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a

Federally-controlled information system.

(End of clause)

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND

DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $____ per calendar day of delay [Contracting Officer insert amount].

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price

Supply and Service clause, the Contractor is liable for liquidated damages accruing until the

Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-

78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with

Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008)(Pub. L. 110-

252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Section 1553 of Pub. L. 111-5).

___(4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (MAR

2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of HUBZone Small Business Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15

U.S.C. 657a).

___ (7) [Reserved].

___ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-6.

___ (iii) Alternate II (MAR 2004) of 52.219-6.

___ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-7.

___ (iii) Alternate II (MAR 2004) of 52.219-7.

_X_ (10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

___ (11)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (OCT 2001) of 52.219-9.

___ (iii) Alternate II (OCT 2001) of 52.219-9.

_X_ (12) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

___ (13) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business

Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (JUNE 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive

Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside

(MAY 2004) (U.S.C. 657 f).

___ (18) 52.219-28, Post Award Small Business Program Rerepresentation (JUNE 2007) (15

U.S.C. 632(a)(2)).

_X_ (19) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

_X_ (20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O.

13126).

_X_ (21) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

_X_ (22) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

_X_ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam

Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_X_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29

U.S.C. 793).

_X_(25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

___ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or

Fees (DEC 2004) (E.O. 13201).

_X_(27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989).

_X_ (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)).

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.

8259b).

___ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal

Computer Products (DEC 2007) (E.O. 13423).

___ (ii) Alternate I (DEC 2007) of 52.223-16.

_X_ (31) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

_X_ (32) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (FEB 2009)

(41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

___ (ii) Alternate I (JAN 2004) of 52.225-3.

___ (iii) Alternate II (JAN 2004) of 52.225-3.

___ (33) 52.225-5, Trade Agreements (MAR 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (34) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41

U.S.C. 255(f), 10 U.S.C. 2307(f))

___ (38) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (39) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration

(OCT 2003) (31 U.S.C. 3332).

___ (40) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor

Registration (MAY 1999) (31 U.S.C. 3332).

___ (41) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (43)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_X__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C.

206 and 41 U.S.C. 351, et seq.).

_X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment

(Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment

(February 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C.

351, et seq.).

____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for

Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

____ (7) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for

Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

____ (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees

(DEC 2004) (E.O. 13201).

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C.

351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (Not applicable until May 21, 2009.)

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)

(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-

6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

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 award date of the basic Multiple Award Task order contract through

31 Sep 2017.

(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 $1,500.00, 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 13 bases;

(2) Any order for a combination of items in excess of 13 bases; or

(3) A series of orders from the same ordering office within N/A 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 10 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.

52.216-22 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 30 Mar

2017.

52.216-27 SINGLE OR MULTIPLE AWARDS. (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of provision)

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 days within which the Contracting Officer may exercise the option.

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 which the Contracting Officer may exercise the option; provided that the

Government gives the Contractor a preliminary written notice of its intent to extend at least 90 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 the base period plus 7-1year option periods. The total duration of each task order, including the exercise of any options under this clause, shall not exceed the base period plus 4-1year option periods.

52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A)

CONCERNS (JUN 2003)

(a) Offers are solicited only from small business concerns expressly certified by the Small

Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer--

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the…