FA3030-09-R-0093 U0002.doc

Section B - Supplies or Services and Prices

MAINTENANCE/REPAIR OF OFFICE BUILDINGS

FFP

Paint Interior

FOB: Destination

NSN: Z111-MA-INT-OFBD

MILSTRIP: F1Z3129070A005

PURCHASE REQUEST NUMBER: F1Z3129070A005

SIGNAL CODE: A

NET AMT

MAINTENANCE/REPAIR OF OFFICE BUILDINGS

FFP

Paint Doors

FOB: Destination

NSN: Z111-MA-INT-OFBD

PURCHASE REQUEST NUMBER: F1Z3129070A005

SIGNAL CODE: A

NET AMT

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

15-SEP-2009

CINDY BENTFIELD

460 EAST KEARNEY BLVD

GOODFELLOW AFB TX 76908

325-654-3438

FOB: Destination F1Z312

15-SEP-2009

FOB: Destination F1Z312

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 days after the notice to proceed * The time stated for completion shall include final cleanup of the premises.

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

(End of clause)

Section G - Contract Administration Data

NORMAL WORK HOURS

The contractor shall schedule all work to commence between the hours of 07:30 AM and 4:30 PM, Monday through Friday, except on the Federal Holidays and days designated as “Family Days” by Air Education and Training Command listed below. Permission to work outside these normal business hours may be granted by the Contracting Officer. Requests to work outside of the normal work hours must be submitted in writing to the Contracting Officer at least 3 working days in advance of the date requested.

Federal Holiday

New Year’s Day

1 January

Martin Luther King’s Birthday 3rd Monday in January

Presidents Day

3rd Monday in February

Memorial Day

Last Monday in May

Independence Day

4 July

Labor Day

1st Monday in September

Columbus Day

2nd Monday in October

Veterans Day

11 November

Thanksgiving Day

4th Thursday in November

Christmas Day

25 December

AETC Family Days

28 NOV 08

02 JAN 09

04 JAN 10

26 DEC 08

06 JUL 09

02 Jul 10

27 NOV 09

26 Nov 10

28 DEC 09

27 Dec 10

Any Holiday falling on a Saturday will be observed the preceding Friday. Any Holiday falling on a Sunday will be observed the following Monday.

WAWF

WIDE AREA WORK FLOW DODAAC AND EMAIL DISTRIBUTION TABLE

Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Limestone at (800) 337-0371 or (800) 390-5620. Please have your order number and invoice number ready when calling about payment status.

The accounts payable mailing address can be located in Block 18a of your order. You can easily access payment information using the DFAS web site at https://myinvoice.csd.disa.mil//index.html.

Your purchase order/contract number or invoice will be required to inquire status of your payment. Go to DFAS, MyInvoice, on the web at: https://myinvoice.csd.disa.mil//index.html

Payments are to be submitted electronically via Internet through the Wide Area Work Flow (WAWF) system. For information on WAWF go to https://wawf.eb.mil .

NOTE: USE OF WAWF IS MANDATORY. USE OF WAWF WILL SPEED UP YOUR PAYMENT PROCESSING TIME AND ALLOW YOU TO MONITOR YOUR PAYMENT STATUS ONLINE. THERE ARE NO CHARGES OR FEES TO USE WAWF. FOR MORE INFORMATION CONTACT US AT 325-654-3800.

CONTRACTOR IS REQUIRED TO SUBMIT A-CONSTRUCTION INVOICE.

FAILURE TO COMPLY WITH THIS REQUIREMENT WILL RESULT IN DISAPPROVAL OF YOUR INVOICE WITHOUT FURTHER REVIEW.

The following codes will be required to route your invoices and additional emails correctly through WAWF.

CAGE CODE:

EMAIL POINT OF CONTACT LISTING: (Please send additional emails to all listed contacts):

Section H - Special Contract Requirements

UTILITY SERVICE

Not withstanding the provisions of contract clause FAR 52.236-14, Availability and Use of Utility Services, all reasonable required amounts of water, gas, electricity, etc., essential to contract performance shall be made available, at no cost to the contractor, from existing systems, outlets, and supplies. All temporary connections, outlets, and distribution lines as may be required will be installed by the contractor at the contractor’s own expense.

SMOKING IN AETC FACILITIES

Contractors are advised that the Commander has placed restrictions on the smoking of tobacco products in AETC facilities. AFI 40-102, Tobacco Use in the Air Force, and its AETC supplement 1, outline the procedures used by the commander to control smoking in our facilities. Contractor employees and visitors are subject to the same restrictions as government personnel. Smoking is permitted only in designated smoking areas. Additional information, to include locations of designated smoking areas, will be provided to the contractor at the pre-performance conference.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (MAR 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246).

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

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

(v) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (OCT 2008).

(v) 52.233-1, Disputes (Jul 2002).

(vi) 52.244-6, Subcontracts for Commercial Items (MAR 2009).

(vii) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).

(ii) 52.222-20, Walsh-Healey Public Contracts Act (DEC 1996) (41 U.S.C. 35-45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more).

(iv) 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) (Applies to contracts of $100,000 or more).

(v) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793) (Applies to contracts over $30,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.).

(v) 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) (Applies to contracts over $100,000).

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands.).

(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (Aug 2003) (E.O. 13148) (Applies to services performed on Federal facilities).

(viii) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.)

(ix) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000.)

(x) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (May 1999). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.)

(xi) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (Oct 2003). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.)

(xii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006) (Applies to contracts over $30,000).

(ii) 52.211-17, Delivery of Excess Quantities (SEPT 1989) (Applies to fixed-price supplies).

(iii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.)

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

(Insert one or more Internet addresses)

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUNE 2007)

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

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

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

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

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

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

(3) For long-term contracts--

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

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

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

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

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

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

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

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

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

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (FEB 2009)

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

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows: none

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) \1\

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

(End of clause)

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

(i) A Payment bond.

(ii) An irrevocable letter of credit (ILC)

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/farsite.html

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of Defense Federal Acquisition Regulation (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (MAY 2002) ALTERNATE III (MAY 2002)

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

(1) "Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

(2) "Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

(3) "Foreign flag vessel" means any vessel that is not a U.S.-flag vessel.

(4) "Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

(5) "Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

(6) "Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

(7) "U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if--

(i) This contract is a construction contract; or

(ii) The supplies being transported are--

(A) Noncommercial items; or

(B) Commercial items that--

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it contracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that --

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of other than U.S.-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum --

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW., Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of the steamship company.

(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in subcontracts that are for a type of supplies described in paragraph (b)(2) of this clause.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (MAY 1996)

(a) The contractor shall obtain base identification and vehicle passes for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, social security card, current vehicle registration, valid vehicle insurance certificate, and Goodfellow AFB Form 31 to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-209, the Air Force Resource Protection Program, and AFI 31-501, Personnel Security Program Management, as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Prior to submitting an invoice for final payment, the prime contractor shall obtain a clearance certification from the issuing office which states all base identification passes have been turned in, accounted for, or transferred to a follow-on contract. This certification shall be submitted to the contracting officer prior to submission of the final invoice for payment.

(g) Failure to comply with these requirements may result in withholding of final payment.

5352.201.9101 OMBUDSMAN

(a) The contractor shall obtain base identification and vehicle passes for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a Goodfellow AFB Form 31 (GAFB Form 31) to the contracting officer for employees and subcontractor employees needing access to the base. A letter, on company letterhead, must be furnished specifying the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the GAFB Form 31 and the employee will then report to Visitor Center/Vehicle Registrar, Bldg 3005, for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license/government issued identification document, social security card, current vehicle registration, valid vehicle insurance certificate, and the completed GAFB Form 31 to obtain a vehicle and/or base identification document.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-209, the Air Force Resource Protection Program, and AFI 31-501, Personnel Security Program Management, as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Prior to submitting an invoice for final payment, the prime contractor shall obtain a clearance certification from the issuing office which states all base identification passes have been turned in, accounted for, or transferred to a follow-on contract. This certification shall be submitted to the contracting officer prior to submission of the final invoice for payment.

(g) Failure to comply with these requirements may result in withholding of final payment.

Section J - List of Documents, Exhibits and Other Attachments

LIST OF ATTACHMENTS

List of Attachments

DOCUMENT TYPE

DESCRIPTION

PAGES

DATE

Attachment 1

Statement of Work

26 Mar 09

Attachment 2

AF Form 66

26 Mar 09

Attachment 3

Wage Determination

14 April 08

=TX20070053

Exhibit/Attachment Table of Contents

ATTACHMENT 1-STATEMENT OF WORK

ABBREVIATED STATEMENT OF WORK

FOR

PAINT DORM SUITES B700

PROJECT # JCGU 09-1024

March 2009

PREPARED BY:

17TH CIVIL ENGINEER SQUADRON (AETC)

460 E. KEARNEY BOULEVARD

GOODFELLOW AFB, TX 76908-4104

PROJECT MANAGER: 2Lt Melissa Collins

TABLE OF CONTENTS

PART 1 – SCOPE OF WORK:

1.1 GENERAL:

1.2 PROJECT DESCRIPTION:

1.3 LOCATION:

1.4 WORK AND MECHANICS:

1.5 WORKING CONDITIONS:

1.6 PHASING REQUIREMENTS:

1.7 SAFETY:

1.8 PROTECTION OF GOVERNMENT PROPERTY:

1.9 SITE MAINTENANCE AND CLEANUP:

1.10 REFERENCES:

1.11 SUBMITTALS:

1.12 WARRANTY:

1.13 DELIVERY, STORAGE, AND PARKING:

1.14 UTILITY OUTAGES AND SPECIAL CONDITIONS:

1.15 DEMOLITION:

1.16 TREES, SHRUBS, AND HEDGES:

PART 2 – ENVIRONMENTAL REQUIREMENTS:

2.1 COMPLIANCE WITH LAWS:

2.2 PROTECTION OF HISTORICAL AND ARCHAEOLOGICAL RESOURCES:

2.3 HAZARDOUS AND SPECIAL WASTES GENERATED BY THE CONTRACTOR:

2.4 CONTRACTOR ENCOUNTERED HAZARDOUS WASTE:

2.5 ASBESTOS:

2.6 HAZARDOUS MATERIALS:

2.7 NUISANCE AND POLLUTING ACTIVITY PROHIBITED:

2.8 RELEASE OF FLUIDS TO THE SANITARY SEWER SYSTEM:

2.9 PESTICIDES (INSECTICIDES, FUNGICIDES, HERBICIDES, ETC.):

2.10 AIR EMISSIONS:

2.11 DRINKING WATER:

2.12 PROTECTION OF WATER RESOURCES:

2.13 ENVIRONMENTAL MANAGEMENT SYSTEM:

PART 3 – PRODUCTS:

3.1 REFERENCES TO MATERIALS, MANUFACTURERS, AND PRODUCTS:

3.2 GOVERNMENT FURNISHED EQUIPMENT (GFE):

3.3 CONTRACTOR PROVIDED MATERIALS (CPM):

PART 4 – EXECUTION:

4.1 GENERAL:

4.2 INSTALLATION:

4.3 COMPLETION OF WORK:

ATTACHMENT 1: AF FORM 66

ATTACHMENT 2: GOODFELLOW HAZMAT PHARMACY REPORT

ATTACHMENT 3: TECHNICAL EXHIBITS

PART 1 – SCOPE OF WORK:

1.1 GENERAL: The work to be performed under this contract and in accordance with this Statement of Work shall consist of furnishing all necessary plant, labor, tools, transportation, supplies, supervision, equipment, materials, and incidentals necessary for providing all work shown on the drawings (Technical Exhibits) and in the statement of work, and all applicable codes, regulations, standards, and criteria in effect at the date of solicitation. This work shall consist of, but not be limited to the following:

Remove border

Remove rust

Repaint walls, ceilings, vents, door frames, utility covers

Protect or remove furniture during painting

Miscellaneous wall repair

1.2 PROJECT DESCRIPTION: In building 700 (officer and senior non-commissioned officer dorms) the Contractor shall remove existing wall covering border and visible rust on vent covers, utility covers, and door frames. The Contractor shall paint the walls, ceilings, vent covers, utility covers, and door frames with a orange texture finish on walls and ceilings. The Contractor shall accomplish miscellaneous wall repair as needed. The Contractor shall provide paint and necessary tools. The Contractor shall be responsible of disposing of waste in a timely manner.

1.3 LOCATION: Goodfellow Air Force Base is located in Tom Green County, on the southeast side of San Angelo, Texas and is bounded to the north by Highway #388 (Paint Rock Rd.), to the west by Fort McKavitt Rd and Bell Street/Christoval Road, to the south by South Chadbourne St (Hwy. 1223) and to the east by the eastern city limits. The painting will take place at building 700 which is on Farrow St between and Scherz and Ft Richardson.

1.4 WORK AND MECHANICS: The work for this project shall be executed in the best and most workmanlike manner, by qualified and efficient mechanics/tradesmen, skilled in their respective trades. Only certified journeymen in each respective trade, or apprentices under the direct supervision of certified journeymen, shall be permitted to install and/or supervise installation for this project. Individual trade work for this project shall be performed and quality maintained by the applicable trade only. The Contractor shall assure that all trades coordinate their work with that of other trades. The Contractor shall coordinate and perform all operations in a manner that will result in a professional and expeditiously completed project. The work shall be in strict accordance with prevailing industry standards and manufacturer’s instructions. Work and materials shall comply with this Statement of Work and the editions in effect at the time of this solicitation for all applicable criteria, regulations, guidelines, and codes, all of which are made a part thereof.

1.5 WORKING CONDITIONS: The Contractor shall have one hundred twenty (120) calendar days to paint the listed rooms (see T.E 1) after signing the Notice to Proceed (NTP). All Contractor operated/owned vehicles, equipment, tools, etc., shall be stored as prescribed in paragraph DELIVERY, STORAGE, AND PARKING. Applicable traffic control signage where required by the contract shall remain overnight. Parking on turf is not permitted without prior approval.

1.5.1 WORK SCHEDULE: Working hours for the Contractor will normally be between the hours of 7:30 a.m. and 4:30 p.m. excluding Saturdays, Sundays, and Federal holidays. The Contractor must submit his/her work schedule request to the Contracting Officer in writing fourteen (14) calendar days in advance for approval. If personnel are reasonably available, the Contracting Officer may authorize the Contractor to perform work during periods other than normal duty hours/days. If such work is required Contractor shall submit request in writing to Contracting Officer a minimum of 72 hours in advance.

1.5.2 WORK AREA ACCESS: The Government will be responsible for providing security escorts for the Contractor during the work.

1.5.2.1 SECURE AREAS: The Contractor shall ensure all employees comply with all security requirements imposed by the local installation commander at all times, and shall follow all instructions of the organizational commander having jurisdiction over the area being serviced in all matters pertaining to security. The Contractor and his personnel shall be required to coordinate and schedule all work in occupied rooms with appropriate Government representatives prior to entering these areas.

1.5.2.2 CLEARANCE: Cleared DOD personnel shall escort non-cleared Contractor personnel in secured facilities. The non-cleared personnel shall remain in the immediate presence of the escort (cleared personnel).

1.6 PHASING REQUIREMENTS: The Contractor shall submit a phasing plan to the Contracting Officer, for approval and in accordance with the paragraph SUBMITTALS, prior to beginning work. The purpose of the phasing plan shall be for minimal disturbance of occupants. The Contractor shall not move onto another phase of rooms until the previous phase is completed. The Contractor shall move to the next phase of rooms within one business day.

1.7 SAFETY: All Contractor operations shall be conducted and performed in accordance with Department of Labor, OSHA requirements found in 29 CFR 1910 (1910.146 and 1910.147) and 29 CFR 1926, and Air Force Occupational Safety & Health (AFOSH) AFOSH standards including 91-25. The Contractor shall also ensure that all work is performed in accordance with project identified national standards, military manuals, instructions, pamphlets, standards, and handbooks, and with the edition in effect on the date of this solicitation of the Corps of Engineers (COE) Safety Manual 385-1-1. All job sites are subject to inspections by the Department of Labor. In the event of conflicts between the OSHA standards and these requirements, the most stringent shall apply.

1.7.1 All companies who conduct business within the state of Texas must, in accordance with Texas Worker’s Compensation laws (Texas House Bill 62), have an approved company safety policy…