Porta Potty Solicitation.doc

Section SF 1449 - CONTINUATION SHEET

RENTAL AND SERVICE OF 4 EACH PORTABLE TO

FFP

RENTAL AND SERVICE OF 4 EACH PORTABLE TOILETS

FOB: Destination

NSN: W085-PO-RTA-BLET

MILSTRIP: F1Z3128114A001

PURCHASE REQUEST NUMBER: F1Z3128114A001

SIGNAL CODE: A

NET AMT

RENTAL AND SERVICE OF 4 EACH PORTABLE TO

RENTAL AND SERVICE OF 4 EACH HANDICAP PORTABLE TOILET

FOB: Destination

NSN: W085-PO-RTA-BLET

NET AMT

RENTAL AND SERVICE OF 4 EACH PORTABLE TO

RENTAL AND SERVICE OF 4 EACH PORTABLE TOILETS FOR SPECIAL EVENTS

FOB: Destination

NSN: W085 PO-RTA-BLET

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

08-FEB-2010

CINDY BENTFIELD

460 EAST KEARNEY BLVD

GOODFELLOW AFB TX 76908

325-654-3438

FOB: Destination F1Z312

08-FEB-2010

F1Z312

08-FEB-2010

F1Z312

STATEMENT OF WORK

TABLE OF CONTENTS

I.

Statement of Work (SOW)

Part 1 – Scope of Work

SOW - 1

Part 2 – Products

SOW - 2

Part 3 – Execution

SOW - 3

Part 4 – Utility Outages and Special Conditions

Part 5 – Environmental Requirements

Part 6 – Site Maintenance and Cleanup

SOW - 5

Part 7 – Energy Conservation

SOW - 6

Part 8 – Responsibility

Part 9 – Storage and Parking

Part 10 – Completion of Work

II.

Technical Exhibits

Location Plan

TE - 1

III.

AF Form 66

STATEMENT OF WORK

FOR

Provide and Service Portable Toilets

23 April 2008

PREPARED BY:

17th CIVIL ENGINEER SQUADRON (AETC)

460 E. KEARNEY BOULEVARD

GOODFELLOW AFB, TX 76908-4104

PROJECT MANAGER: Dorothy Francis

PART 1.0 – 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 parts, labor, tools, transportation, supplies, supervision, equipment, materials, and incidentals necessary for providing all work shown on the drawings (Technical Exhibits), statement of work, and all applicable codes, regulations, standards and criteria in effect at the date of solicitation. The work outlined below shall consist of, but not be limited to the following:

1.2 PROJECT DESCRIPTION: Provide and service four each portable toilets that contain hand wash units.

1.2.1. UNSCHEDULED SERVICE. The Contracting Officer may require the contractor to provide and service portable toilets, including handicap portable toilets,for special events or other occasions. The contractor will respond within 24 hours of notification. Unscheduled services shall be by separate delivery order. The contractor will be notified by the Quality Assurance Person (QAP).

1.3 LOCATION: Goodfellow Air Force Base is located in Tom Green County, on the southeast side of San Angelo, TX. 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 Highway #1223 (San Antonio Hwy.) and to the east by the eastern city limits. See attached map for approximate location of portable toilets, contractor will be shown exact location upon delivery of units.

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. All trades shall 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 PERFORMANCE PERIOD: Performance period is the length of the contract. Servicing of portable toilets will be on a weekly basis.

1.6 WORK SCHEDULE: Workdays shall be from 0730 to 1630, Monday thru Friday; no weekend work allowed unless approved by the Contracting Officer. If weekend work is required Contractor shall submit request in writing to Contracting Office a minimum of 72 hours in advance. The Contractor shall provide written notification to the Contracting Officer fourteen (14) calendar days lead time for work schedule.

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

1.8 CONCRETE TRUCKS: Not applicable.

1.9 REFERENCES: All publications listed herein shall be the most current editions in effect at the time of solicitation and form a part of this Statement of Work. The publications are referred to in the text by basic designation only and include the following:

GAFB INSTRUCTION

GAFBI 32-2001

Goodfellow AFB Base Fire Protection Program

GAFBI 31-102

Installation Security Instruction

NATIONAL FIRE CODE

NATIONAL ELECTRIC CODE

UNIFORM BUILDING CODE (UBC)

US ARMY CORPS OF ENGINEERS HEALTH AND SAFETY MANUAL

OCCUPATIONAL HEALTH AND SAFETY ADMINISTRATION (OSHA)

OSHA STD 29 CFR 1910 and 1926

OSHA STD 29 CFR 1910.252 Welding, Cutting and Brazing (General Requirements)

1.10 SUBMITTALS: Not applicable.

1.11 MANUFACTURER’S CATALOG DATA: Data composed of catalog cuts, brochures, circulars, specifications and product data, and printed information in sufficient detail and scope to verify compliance with requirements of the contract documents.

1.12 MANUFACTURER’S WARRANTY: The contractor shall identify all items being installed that are covered by a manufacturers guarantee or warranty and provide validated copies of such. The identification shall list the name of the company and the expiration date of the guarantee or warranty.

1.13 PRODUCT DATA: Not applicable

1.14 AS BUILT DRAWINGS: Not applicable

1.15 DELIVERY AND STORAGE: Not Applicable

1.16 SAFETY: The Contractor is required to comply with the US Army Corps of Engineers Health and Safety Manual, latest edition.

Contracts are subject to inspections of job sites on base by the Department of Labor. These requirements are additional to and do not replace the standards promulgated by the Department of Labor under Occupational Safety and Health Administration (OSHA). In the event of a conflict between the OSHA standards and these requirements, the most stringent shall apply.

1.16.1 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.

PART 2.0 – PRODUCTS:

2.1 REFERENCES TO MATERIALS, MANUFACTURERS AND PRODUCTS: Materials shall be the standard product of manufacturer’s regularly engaged in the manufacture of such products. The products furnished shall meet the quality and specifications indicated herein.

2.2 Site Visits: The Contractor may visit the premises to become thoroughly familiar with details of the work and working conditions, verify dimensions in the field, and shall advise the Contracting Officer of any discrepancies before starting the work.

2.3 Contractor shall provide and service four portable toilets. Contractor shall be responsible for securing portable toilets in a manner that will prevent them from blowing over in high winds. Contractor shall service, empty, clean, re-stock, and sanitize these toilets on a weekly basis. Contents collected during servicing will be disposed of off base in accordance with all Federal, State and Local rules and regulations

PART 3.0 – EXECUTION:

3.1 GENERAL: The Contractor shall provide all labor, materials, tools and equipment required to perform all dismantling, repairs and installation as listed in this statement of work.

3.2 INSTALLATION: All work shall be done with the building occupied and the work area unoccupied. The Contractor shall coordinate with the Contract Inspector prior to start of work.

PART 4.0 – UTILITY OUTAGES AND SPECIAL CONDITIONS:

4.1 BASE CIVIL ENGINEERING WORK CLEARANCE REQUEST: Not Applicable.

4.2 UTILITY OUTAGES: Not Applicable

4.3 BASE FIRE REGULATIONS: The Contractor shall comply with Base Fire Regulations as set forth in the latest edition of GAFB Instruction 32-2001, titled “Base Fire Protection Program”. The Contractor shall use no explosives or fire in performing the work. All work shall be in strict compliance with all National Fire Codes.

4.4 CONFINED SPACE: Not Applicable

4.5 LOCKOUT/TAGOUT, HAZARDOUS ENERGY CONTROL: Not Applicable

PART 5.0 - ENVIRONMENTAL REQUIREMENTS:

5.1 COMPLIANCE WITH LAWS: Construction activities are NOT exempt from air emission, storm water, hazardous waste, and other environmental compliance rules and regulations. The Contractor shall comply and ensure that all Sub-Contractors comply with all applicable federal, state, and local laws, regulations, ordinances and standards related to environmental matters. The Contractor shall also comply and ensure that all Sub-Contractors comply with all specific instructions or directions given to the Contractor by Goodfellow AFB regarding environmental matters.

5.2 PROTECTION OF HISTORICAL AND ARCHAEOLOGICAL RESOURCES: All known Historical, Archaeological, and Cultural Resources, if any, within the Contractors work area will be designated on the contract Technical Exhibits. The Contractor shall take precautions during the contract to preserve all resources, as they existed at the time of contract award and comply with the Archaeological and Historic Preservation Act (AHPA) and the Archaeological Resources Protection Act (ARPA). The Contractor shall provide all protective devices such as off limit markings, fencing, barricades or other devices as designated on the contract Technical Exhibits and shall be responsible for preservation of the sites during this contract.

All items having any apparent historical or archaeological interest outside of designated areas that are discovered in the course of any construction activities shall be carefully preserved. The Contractor shall protect the find in-place by leaving the archaeological find undisturbed and by using flags to mark a 50-foot radius area around the find. The find shall be immediately reported to the Contracting Officer so that the proper authorities may be notified. All work shall be stopped in the immediate area of the discovery until directed by the Contracting Officer to resume work. Any work required to preserve or protect these finds shall be accomplished before work resumes.

5.3 HAZARDOUS AND SPECIAL WASTES GENERATED BY THE CONTRACTOR: The Contractor shall identify, characterize, containerize, store and dispose of hazardous wastes in strict accordance with federal guidelines found in the Code of Federal Regulations, Title 40 (40 CFR) parts 260-270, state regulation 30 TAC 335, all local guidelines, and as specified. A Uniform Hazardous Waste Manifest shall be used by the Contractor to document all parties and locations involved in the transportation, storage and disposal of all hazardous and special wastes. This form shall be provided to the government by the Contractor and signed by the Base Environmental Coordinator (CEA) before the waste is transported from the limits of government property. A copy of the manifest shall be signed by the receiver of the waste and submitted to the Contracting Officer not later than forty-five days after disposal has taken place. Hazardous waste treatment, storage and disposal facility shall be located within in the state of Texas, permitted by the U.S. EPA, and approved by CEA.

5.4 CONTRACTOR ENCOUNTERED HAZARDOUS WASTE: The Contractor shall notify the Contracting Officer’s Representative and CEA upon encountering any material not identified in this Statement of Work thought to be hazardous that could jeopardize the safety of workers or personnel in the area. The Government will be responsible for characterization, transportation, storage and disposal of the waste if necessary.

5.5 ASBESTOS: To the best of the Government's knowledge, no asbestos-containing material (ACM) will be encountered during this project. Should the Contractor encounter previously unidentified or suspected ACM which must be disturbed to comply with the contract documents, the Contractor shall cease that work which would disturb the suspect material and shall immediately notify the Contracting Officer. The Government will take steps, as appropriate, to ascertain the material's composition and determine any remedial actions necessary.

5.6 NUISANCE AND POLLUTING ACTIVITY PROHIBITED: Polluting, dumping, or discharging of any harmful, nuisance, or regulated materials (such as but not limited to concrete truck washout, vehicle maintenance fluids, residue from saw cutting operations, solid waste and hazardous substances) into building drains, site drains, streams, waterways, holding ponds or to the ground surface shall not be permitted and the Contractor shall be held responsible for any and all damages which may result. Further, the Contractor shall conduct work activities in such a fashion as to avoid creating any legal nuisance, including but not limited to, suppression of noise and dust, control of erosion, and implementation of other measures as necessary to minimize offsite impacts of work activities.

5.7 RELEASE OF FLUIDS TO THE SANITARY SEWER SYSTEM: Goodfellow AFB’s sanitary sewer system discharges into the Publicly Owned Treatment Works (POTW) operated by the City of San Angelo, Texas. This POTW has established testing requirements for certain constituents as well as discharge limits of those same constituents. Accordingly, any Contractor performing work at Goodfellow AFB and contemplating a release of non-hazardous water into the sanitary sewer system shall meet the pretreatment standards and comply with the testing/release requirements established by the City of San Angelo. Contractor is also responsible for any and all testing, monitoring, measuring, documenting, etc. to prove compliance with it. Contractor shall not discharge wastewater to base’s sanitary sewer without prior approval of the Government.

5.8 PESTICIDES (INSECTICIDES, FUNGICIDES, HERBICIDES, ETC.): Application of all pesticides shall be accomplished by certified pest control personnel or under the supervision of a State of Texas certified pest control operator. Contractor shall furnish labels and MSDSs for all contract pesticide materials at least 25 days prior to start of contract for approval by AETC Pest Management Coordinator (PMC) via an AF Form 3000. Any nonstandard pesticide not listed in the installation approved inventory list must be approved by the AETC PMC prior to use. Delivery and storage of pesticides shall be monitored by certified personnel to insure the adequacy of containers and the safe storage of toxic materials. Disposal of containers and chemicals will be monitored to prevent pollution of natural drainage systems or the unintentional release of pesticide particulates into the air. The Contractor shall comply with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and submit an AF Form 3000, Material and Approval Submittal, with copies of certifications for operator using to the Contracting Officer for approval prior to application of Insecticide, Fungicides, and/or Herbicides. Additionally, the Base Entomology Shop at Goodfellow AFB shall be notified at (654-3496) at least five calendar days in advance by the Contractor of proposed application of any pesticides, insecticides, fungicides, herbicides, etc. and copies of all application records shall be submitted to the Base Entomology Shop. The Contractor shall use the GAFB Pesticide Application Form, available from Base Civil Engineer office to submit the required application information.

5.9 AIR EMISSIONS: Media blasting may require registering the construction activity under state regulation 30 TAC 106.452. The Contractor shall prepare the state form PI-7 for signature approval by the base prior to start of construction. The Contractor shall meet all provisions of the Permit-By-Rule.

5.10 DRINKING WATER: For all drinking water disruptions, the Contractor shall adhere to 30 TAC 290 Subchapter D paragraph 290.46(g and j). Submit an analysis report and a “Drinking Water Customer Service Inspection checklist” via an AF Form 3000 for Government Approval. Contact Bioenvironmental Engineering at (325) 654-3126 prior to restoring drinking water service.

5.11 PROTECTION OF WATER RESOURCES: All work under this contract shall be performed in such a manner that objectionable or nuisance conditions will not be created in lakes, reservoirs, streams or storm water conveyances through or adjacent to the project areas. The Contractor shall comply with the terms and conditions of TPDES Construction General Permit, TXR150000 (GCP). At least 30 days prior to the start of construction, the Contractor shall seek coverage under the GCP for storm water and non-storm water discharges associated with his construction activities.

5.11.1 For all soil disturbance of more than 1 acre, the Contractor shall prepare a Storm Water Pollution Prevention Plan (SWP3) meeting all requirements specified in the GCP and will include the Contractor’s Best Management Practices for erosion and sedimentation control at the site. This plan shall be submitted for Government approval (GA).

5.11.2 Regardless of the amount of soil disturbed, all non-storm water discharges from Contractor’s site shall conform with TPDES General Permit TXR040000 for Small Municipal Separate Storm Sewer Systems (MS4).

5.11.3 If a Notice of Intent (NOI) is required for permit coverage, the Contractor shall submit the NOI to the state and provide copies to the Government via Form 3000 FIO. Contractor shall make required MS4 notifications to the City of San Angelo and the base. Copies of all notifications will be provided to the Contracting Officer via Form 3000 FIO. Contractor shall be responsible for fees associated with obtaining coverage under the GCP.

5.11.4 The Contractor shall also file a Notice of Termination (NOT) TCEQ Form 20023 promptly after site stabilization in accordance with the general permit is achieved. These forms may be found at the TCEQ website ( http://www.tceq.state.tx.us). The prime Contractor’s principal shall sign to certify the NOI/NOC/NOT or Construction Site Notice. A copy of the NOT shall be provided to the Contracting Officer and Base Environmental Coordinator, FIO.

5.11.5 The Government will specify if the contracted project is part of a larger common development requiring additional storm water measures be taken to obtain permit coverage, or if the project area of construction is greater than 5 acres.

5.11.6 Post-Construction Cleanup or Obliteration: The Contractor shall obliterate all evidence of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess materials, or any other vestiges of construction. It is anticipated that excavation, filling, and plowing of roadways shall be required to restore the area to near natural conditions, which will permit the growth of vegetation thereon. The disturbed areas shall be graded and filled as required, and topsoil shall be spread to a depth of approximately four inches over the entire area and the entire area seeded with 30 pounds (pure live seed) of common Bermuda per 1000 square feet and then watered as required until a lush hardy growth is established to the satisfaction of the Contracting Officer. Restoration to original contours is required unless otherwise directed by the Contracting Officer.

5.12 ENVIRONMENTAL MANAGEMENT SYSTEM: Contractor’s on site supervisory personnel shall complete EMS Awareness Training. The Base Civil Engineer Asset Management Flight system administrator should be contacted at (325) 654-3451 for information and password to complete the 30-minute awareness training within 60 days of contract award or a new contract employee supervisor begins work. The training will be accomplished utilizing web-based Environmental, Safety, and Occupational Health Training Network (ESOHTN) available through any internet access at http://aetc.esohtn.com/start. The training will be tracked online by the system administrator.

PART 6.0 - SITE MAINTENANCE AND CLEANUP:

6.1 SITE MAINTENANCE: The Contractor shall protect adjacent property, buildings and their contents from dust, dirt or other materials. Work areas shall be maintained in a neat, clean, safe condition and shall, at a minimum, be cleaned at the end of each shift. All streets and roadways in/or adjacent to the site shall remain free of project generated trash and debris at all times.

6.2 CLEANUP: The Contractor shall collect any and all trash, debris, refuse, garbage, etc., that is generate and place it in appropriate containers with lids or approved covers on a periodic basis or as directed by the Contracting Officer’s representative. The aforementioned materials shall be hauled from the site by appropriate means on a daily basis, unless otherwise approved by the Contracting Officer’s representative. Disposal shall be outside the limits of Government property. Disposal shall be by sanitary landfill or other approved methods and shall conform to all local, state, and federal guidelines, criteria, and regulations. Upon completion of the work, the Contractor shall leave the work site and storage area(s) in a clean, neat and workmanlike condition satisfactory to the Contracting Officer.

PART 7.0 - ENERGY CONSERVATION:

7.1 UTILITIES CONSERVATION: The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which shall include: Lights shall be used only in areas where and when work is actually being performed. The Contractor shall not adjust mechanical equipment controls for heating, ventilation and air conditioning systems. Water faucets or valves shall be turned off after the required usage has been accomplished. The Contractor shall use good judgment in the conservation of Government utilities. Prevailing energy conservation practices shall be adhered to and enforced by the Contractor.

PART 8.0 – RESPONSIBILITY:

8.1 The above 1 through 7 summaries do not in any way limit the responsibility of the Contractor to perform all work and furnish all plant, labor, and materials required by this Statement of Work.

PART 9.0 – STORAGE AND PARKING:

9.1 CONTRACTOR STORAGE: Not Applicable.

PART 10.0 - COMPLETION OF WORK:

10.1 OPERATIONAL SYSTEMS: The Contractor shall insure that work for this project is performed in accordance with the criteria herein and that all equipments and systems shall be fully operational at the completion of work for this project.

END OF STATEMENT OF WORK

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

The offeror represents that

(a) [ ] it has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or

(b) [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from 1Lt Brian Williams

17 Contracting Squadron

210 Scherz Blvd, Goodfellow AFB, TX 76908

Phone: 325-654-5805

Fax: 325-654-5149

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

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)

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):

www.farsite.hill.af.mil

(End of clause)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

(End of provision)

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)

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

(End of clause)

252.212-7000 Offeror representations and certifications- Commercial items. (JUN 2005)

(a) Definitions.

As used in this clause-

(1) Foreign person means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415).

(2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331.

(3) United States person is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President.

(b) Certification.

By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it -

(1) Does not comply with the Secondary Arab Boycott of Israel; and

(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking.

(c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services).

(1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation.

(2) Representation.

The Offeror represents that it-

___Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

___Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea Clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

(End of provision)

5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (JUN 1997)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Comply with the specific health and safety requirements established by this contract;

(2) Comply with the health and safety rules of the Government installation that concern related activities not directly addressed in this contract;

(3) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(4) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(c) The contracting officer may, by written order, direct Air Force Occupational Safety and Health Standards (AFOSH) and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(d) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

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, 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.

WIDE AREA WORKFLOW

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 325-654-4418.

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):

ADDITIONAL CONTACTS:

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.

5352.201-9101 OMBUDSMAN

5352.201-9101 OMBUDSMAN (AUG 2005)

(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)