FA3030-09-T-0013 Electrical Feed.doc

Section B - Supplies or Services and Prices

ELECTRIC SERVICES

FFP

Provide new electrical primary feed from highland 6370 (3.7 MW) Substation by means of new overhead cables to a new fused switch on NW side of base and reconfigure the existing primary circuit feeders at the Goodfellow switching station as shown in Technical Exhibit-3 (TE-3). Contractor shall provide all equipment associated with this work to include, but not limited to, three phases of primary cables, load break elbows, and fittings. Work shall be IAW the SOW & Technical Exhibits.

FOB: Destination

NSN: Z249-UT-ILI-TIES

PURCHASE REQUEST NUMBER: F1Z3129078A001

SIGNAL CODE: A

NET AMT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

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 60 calendar days after the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $380.32 for the first calendar day and $120.58 for each subsequent calendar day of delay until the work is completed or accepted.

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

(End of clause)

Section G - Contract Administration Data

ADMINISTRATIVE AUTHORITY

(a) Following award, this contract will be administered by the 17th Contracting Squadron. The address, telephone number and fax number of the Contracting Officer are as follows:

17 CONS/LGCA

Attn: Warren E. Hart

210 Scherz Blvd

Goodfellow AFB, TX. 76908-4705

Phone: (325) 654-5174

Fax: (325) 654-5149

E-mail: warren.hart@goodfellow.af.mil

(b) The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the contractor effects any such change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover increase in costs incurred as a result thereof.

(c) Contractual problems, of any nature, which might occur during the life of the contract must be handled in conformance with very specific public laws and regulations (e.g., Federal Acquisition Regulation), and must be referred to the CO for resolution. Only the CO is authorized to formally resolve such problems. Therefore, the contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO.

(d) Any request for contract changes/modifications shall be submitted to the CO.

(e) The contractor and the government may agree to perform a no-cost field change. Field changes are made when the change appears to be mutually beneficial to all parties and would not require changing the negotiated line items. An example of a field changes is: rerouting planned location of sidewalk to avoid a tree (when quantities are not changed). All field changes must be approved by the CO prior to execution.

(f) All correspondence concerning this contract, such as requests for information, explanation of terms, and contract interpretations, shall be submitted to the CO.

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.

WIDE AREA WORK FLOW

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 “COMBO” 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

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.

UTILITY SERVICES

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.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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):

http://farsite.hill.af.mil

(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)

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:

A Payment Bond

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 and prior to issuance of the Notice to Proceed (NTP).

(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

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by: NOT APPLICABLE.

(b) Weather conditions:

Average Monthly High & Low Temperatures

Historical Average Monthly Rainfall

(c) Transportation facilities: NONE.

(d) NONE.

(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 Supplement (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

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (JAN 2009)

(a) Definition. Covered DoD official, as used in this clause, means an individual that--

(1) Leaves or left DoD service on or after January 28, 2008; and

(2)(i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 403(16) with a value in excess of $10 million, and serves or served--

(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code;

(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code; or

(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of Title 37, United States Code; or

(ii) Serves or served in DoD in one of the following positions: Program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million.

(b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service, without first determining that the official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.

(c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of this contract, suspension, or debarment in accordance with 41 U.S.C. 423(e)(3).

(End of clause)

52.203-7002

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JAN 2009)

The Contractor shall inform its employees in writing of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in Subpart 203.9 of the Defense Federal Acquisition Regulation Supplement.

(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

(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.

OMBUDSMAN

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen, Chief, Business Operations Branch, AETC/A7KB, 2035 1st Street West, Ste 1, Randolph AFB TX 78150-4304, phone (210) 652-7905, facsimile (210) 652-8348. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

(End of clause)

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

15 Apr 09

Attachment 2

Technical Exhibit 1

15 Apr 09

Attachment 3

Technical Exhibit 2

15 Apr 09

Attachment 4

Technical Exhibit 3

15 Apr 09

Attachment 5

Technical Exhibit 4

15 Apr 09

Attachment 6

AF Form 66

15 Apr 09

Attachment 7

Wage Determination

02/08/2008

TX080028 02/08/2008 TX28

ATTACHMENT 1-STATEMENT OF WORK

ABBREVIATED STATEMENT OF WORK

FOR

EMERGENCY REPAIR BASE PRIMARY ELECTRICAL SERVICE

PROJECT # JCGU 09-1045

15 Apr 2009

PREPARED BY:

17TH CIVIL ENGINEER SQUADRON (AETC)

460 E. KEARNEY BOULEVARD

GOODFELLOW AFB, TX 76908-4104

PROJECT MANAGER: Sal Aguilar

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 LEAD:

2.7 HAZARDOUS MATERIALS:

2.8 NUISANCE AND POLLUTING ACTIVITY PROHIBITED:

2.9 RELEASE OF FLUIDS TO THE SANITARY SEWER SYSTEM:

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

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 COMPLETION OF WORK:

ATTACHMENT 1: GOODFELLOW HAZMAT PHARMACY REPORT

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 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:

1.2 PROJECT DESCRIPTION: The contractor shall provide new electrical primary feed from existing base Highland 6370 (3.7MW) feed by means of new overhead conductors to a new pole mounted electrical meter and a new pole mounted GV sectionalizer on NW side of base. See Technical Exhibit-2 (TE-2) for details. Contractor shall reconfigure the existing primary circuit feeders at the Goodfellow switching station as shown in Technical Exhibit-3 (TE-3).

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.

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 sixty (60) calendar days to repair and perform all associated work therein 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 request to the Contracting Officer in writing four (4) 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.

1.5.2 WORK AREA ACCESS: Government escorts are not needed in this area.

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 classified areas 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.

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.

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 and an Accident Prevention Plan. The plan, approved by the Texas Worker’s Compensation Commission (TWCC), shall be submitted For Information Only (FIO) in accordance with paragraph, SUBMITTALS. In addition to meeting the TWCC requirements; the plan must also include the requirements of COE Safety Manual 385-1-1.

1.7.2 Resolution of Department of Labor citations for violations of Occupational Safety and Health Standards is a Contractor responsibility and shall provide for no basis of a claim against the Government.

1.7.3 Confined Space Entry:

All operations involving entry into confined spaces are performed by the Contractor and shall meet the requirements of OSHA 29 CFR 1910.146, AFOSH Std 91-25 (may be viewed at the website http://www.e-publishing.af.mil/shared/media/epubs/AFOSHSTD91-25.pdf), shall be briefly described during the pre-construction meeting…