SABERamendment.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this Amendment is to change:

1. The response time from 0900, 27 Aug to 1400, 27 Aug & Change Section 13, A. of 1449 to original and 1 copy

2. Change the page limit for "Part II Technical Proposal" from five (10) pages to ten (10) pages

3. Add sections 4-44 in the Technical Specif ications Attachment 2

4. Add Joint Ventor signatory page to Section K

5. Correct Section L 52.215-20 to say Construction Cost Estimate Breakdow n, Section J, Attachment 3 for format and on modif ications reference Clause 252.236-7000 Section I for content.

6. Section L-2.6 #4 (b) add verbage: coversheet and Table of Contents are not included in page count

7. Corrected information in Section H-SABER Provisions-Hard Copy of Cost Data & Section M-Attachment 1-SOW- 5.1.3.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 56

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 20-Aug-2012

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X FA3089-12-R-0002

X 9B. DATED (SEE ITEM 11)

27-Jul-2012

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

17-Aug-2012

CODE

902 CONS/LGCA - FA3089

395 B STREET WEST STE 2

RANDOLPH AFB TX 78150-4525

FA3089 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

FA3089-12-R-0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 27-Aug-2012 09:00 AM to 27-Aug-2012 02:00 PM.

The number of offeror copies required has decreased by 1 from 2 to 1.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

Section H - Special Contract Requirements

RECOVERED MATERIAL

In order to comply with the affirmative procurement requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA) and Executive Orders 13101 and 13148 (Green Procurement Program (GPP)), the

Contractor shall use recycled and recovered materials and products identified in the USEPA's Comprehensive

Procurement Guidelines (CPG).

1. The latest CPG product list, and the specific recycled-content requirements for each product, can be found found on the USEPA’s website (www.epa.gov/cpg).

2. The Contractor shall provide EPA-designated products containing recovered material unless the item cannot be acquired:

a. Competitively within a reasonable time frame.

b. Meeting the appropriate performance standards.

c. At a reasonable price.

3. Items identified in the USEPA's CPG shall be viewed as the minimum that can be considered when evaluating recycled/reused materials. Other materials and products not listed, but commonly used in industry outside of the government, shall also be considered.

4. Material and product submittals for all recycled-content items shall list the recycled and recovered materials used and the percentage content listed.

Add the following paragraph for design build requirements:

5. If the A-E firm, or firm (design-build contractor) preparing the specifications finds that certain green products are unreasonably priced, do not meet performance standards, or are not readily available, the contractor will develop written justifications (GP Exemption Form) and provide them to the Contracting Officer. As additional products are designated, supplemental projects may be programmed for the evaluation/rewrite of the affected specifications or the installation can perform the update in-house.

See FAR 52.223-4 Recovered Material Certification (Section K) and;

FAR 52.223-9 (Section I), Estimate of Percentage of Recovered Material Content for EPA-Designated Products

Products (must be accomplished upon completion of the contract).

www.epa.gov/cpg/products.htm

Add the following paragraph for other than design build requirements:

5. If the contractor finds that certain green products are unreasonably priced, do not meet performance standards, or are not readily available, the contractor will develop written justifications and provide them to the Contracting

Officer.

http://www.epa.gov/cpg http://www.epa.gov/cpg/products.htm

See FAR 52.223-4 Recovered Material Certification (Section K) and;

FAR 52.223-9 (Section I), Estimate of Percentage of Recovered Material Content for EPA-Designated Products

Products (must be accomplished upon completion of the contract).

www.epa.gov/cpg/products.htm

BASE CIVIL ENGINEER WORK CLEARANCE REQUEST (AF FORM 103), “DIGGING PERMIT.”

1. Digging Permits: The contractor will be responsible for coordinating a government supplied, Base Civil

Engineer Work Clearance Request (AF Form 103) prior to performing digging of any type. The contractor shall process the digging permit by coordinating with and obtaining signatures from responsible representatives of the organizations listed on the AF Form 103 prior to obtaining final approval from the Air Force Base Civil Engineer or his approved representative. The area requested for clearance for each individual permit shall be limited to a maximum of two (2) weeks production for an individual permit. The contractor will be given assistance, by the government, in the execution of the initial two (2) Work Clearance Requests. Thereafter, government assistance will be limited to an as-needed basis in the event of unusual circumstances. It will be the contractor’s responsibility to coordinate the completion of the necessary AF Form 103 and arrange to have existing utilities located as indicated on the completed form, prior to the beginning of digging operations in the individual areas. This coordination is anticipated to take approximately three (3) working days to complete per request, and may require coordination with as many as twenty (20) individuals located on or near the base. A blank copy of the AF Form 103 is available fromhttp://www.e-publishing.af.mil/forms/formlist.asp?puborg=AF&series=0100-0199 . Any unusual delay in obtaining approval from any particular organization will be reported immediately to the Chief of Construction

Management.

a. Utility Staking Requirements: The contractor shall layout and mark his intended utility routing before calling for field coordination by utility personnel. This shall be done a minimum of five (5) working days in advance of when digging is expected to begin. Once all responsible utility representatives have field located crossover and/or interference points between the new utility route and existing utilities, they will sign off on the digging permit to signify completion of the field coordination of the digging permit. The permit must then be presented to Civil Engineering Construction Management for final coordination before digging in the area represented by the digging permit may begin. Any utility service markers or markings established by the utility representatives must be maintained by the contractor through the completion of the digging operations.

b. Digging Operations: Digging near established interference or crossover points shall be done by hand, five (5) feet either side of the point along the intended route, in order to prevent disturbing the existing utility. If the existing utility is uncovered in the new excavation, it shall be protected from damage and movement while in the open excavation and during backfill. The contractor shall be responsible for the repairs and associated costs for repairs of any utility damaged by construction, whose location was made known to the contractor.

UTILITY OUTAGES

The contractor shall be responsible for coordination of all utility outages at individual facilities. This will include execution of a government-furnished utility outage form which must be reviewed and signed by representatives of all appropriate base organizations prior to approval by the Contracting Officer for the outage. The contractor will be provided a list of building managers and other appropriate points of contact and will be given assistance by the

Government, in the execution of the initial two (2) outage forms. Thereafter, government assistance in the execution of the outage clearances will be limited to an ―as needed‖ basis, in the event of unusual circumstances. It shall be the contractor’s responsibility to initiate and coordinate utility outage forms. Coordination of the outage form must be completed a minimum of fourteen (14) calendar days, prior the requested outage date, and require coordination with as many as twenty (20) individuals located on or near the base. A blank copy of the utility outage form is available from Civil Engineering. Any unusual delay in obtaining clearance from any particular organization will be reported immediately to the Contracting Officer’s representative for assistance.

Water service interruptions to the users shall be limited to one day between the hours of 8:30 a.m. and 4:30 p.m.

unless otherwise approved by the Contracting Officer.

http://www.epa.gov/cpg/products.htm

WELDING PERMIT

Contractor must obtain a welding permit from base Fire Department Technical Services prior to any work utilizing an open flame.

HAZARDOUS MATERIAL COMPLIANCE

a. HAZARDOUS MATERIAL IDENTIFICATION. The latest version of the Federal Standard No. 313 (Material

Safety Data Sheet, Preparation and Submission of) includes criteria for identification of hazardous materials.

Hazardous material data (Material Safety Data Sheets (MSDS)) are required---

(1) As specified in the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract);

(2) For any other material designated by a Government technical representative as potentially hazardous and requiring safety controls.

(3) MSDSs must be submitted by the apparent successful offeror prior to contract award, unless the offeror certifies that the supplies are not hazardous. Failure to provide MSDSs or certificate when requested could result in the offeror being considered non-responsive.

b. HAZMART. The Government (HAZMART personnel) will inventory all chemicals that the contractor brings on to Randolph AFB or any property under the control of Randolph AFB. Any products that meet the criteria for "Hazardous Waste" must be bar coded and tracked until permanently removed from Government property. The inventory will be performed prior to commencement of work. Criteria for identifying hazardous waste, is contained in Subpart C of 40 CFR, Part 261.

c. SPILL RESPONSE. The contractor will be briefed on Randolph AFB spill response procedures at the preconstruction conference. The contractor is responsible to report and promptly cleanup all spills in a manner consistent with current environmental regulations. In the event that it is necessary to utilize Government material, equipment or personnel to clean up a contractor caused spill, the contractor shall be required to reimburse the

Government for all associated costs.

d. HAZARDOUS MATERIAL / WASTE MANAGEMENT. The contractor will be briefed on

Randolph AFB’s Hazardous Material / Waste Management Plan at the preconstruction conference.

HAZARDOUS MATERIAL HANDLING

a. The contractor shall have approval from the Base Bio-Environmental (BEE) and HAZMART sections prior to purchasing, handling, using, and storing any chemicals, solvents, lubricants, and other products that require Material Safety Data Sheets (MSDS). The contractor shall identify these materials and products on Air Force Form (AF Form) 3952 - Chemical/Hazardous Material

Authorization Request, Process Identification Form, and Shop Disposal Form. The contractor shall provide one copy of the Material Safety Data Sheet (MSDS) for each item to BEE and

HAZMART sections for review prior to any chemicals being brought onto Randolph AFB. The contractor shall maintain one copy of the Material Safety Data Sheets (MSDS) for each hazardous material line item used within the work center.

b. The contractor shall use environmentally safe products when available. The contractor shall submit justification for the use of any Class I Ozone Depleting Substances (ODS). The justification shall include at a minimum: (1) the name of the ODS; (2) the ODS quantity to be used; (3) the frequency of ODS usage; (4) the purpose for using the

ODS; and (5) reasons why the ODS cannot be substituted. The contractor shall request waivers for usage of any

ODS, and receive approval from the contracting officer in writing prior to using any ODS.

c. The contractor shall ensure all employees complete the local Air Force Hazardous Communication, HAZMART, and Hazardous Waste training. The government will provide training for the local Air Force programs that were mentioned above at no cost to the contractor. Unless otherwise stated in the specifications, the contractor shall provide all other employee training as required in the performance of this contract at no cost to the government. The contractor shall appoint a primary and alternate HAZMART and Hazardous Waste monitor. Monitors shall track hazardous material usage and report consumption data weekly to HAZMART. Monitors are responsible for training all personnel within work center regarding HAZMART procedures. The contractor shall ensure HAZMART

Tracking Labels are placed on each hazardous material container maintained within work center and complete

Hazardous Material Inventory Sheet immediately upon receipt of new chemicals, products, or materials. The contractor shall submit inventory sheets to HAZMART as required.

d. The contractor shall immediately remove and properly dispose of (in coordination with the contracting officer) any item considered excess by any of the following designated government officials: (in order of precedence) the

902 CE/CEC (BCE), the Chief of the 902 CE/CEVP Flight, the 902 MSG Hazardous Waste Manager, the 902 LRS

HAZMART Manager, and the Base Bio-Environmental Engineer.

MATERIAL SAFETY DATA SHEETS (MSDS)

Contractor is required to submit an MSDS for all hazardous material on an AF 3000, Material Approval Submittal.

SECURITY REQUIREMENTS FOR CONSTRUCTION CONTRACTS

Obtaining and Retrieving Identification Media. As prescribed by the AFFARS 5352.242-9000, Contractor access to Air Force installations, the contractor shall comply with the following requirements:

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.

b. The contractor shall submit a written request on company letterhead (or e-mail correspondence) to the 902 CES

Project Manager (with copy to Contract Administrator), with the following required information: project title, project number, contract number, location of work site, contract start and stop dates, work schedule, and names of contractor employees needing access to the base, including full legal name, date of birth, sex, race, SSAN, state issued I.D. Card/Drivers License #, and name of sub-contractor if not employed directly by contractor (Government will provide template to be used in submitting visitor pass request). The authorized Project Manager will review the request for completeness and then forward it to the issuing base pass and registration office or security forces for processing. The contractor’s request for visitor passes must be submitted at least three working days prior to date pass is to be issued. Contractors will present government (state or federal) issued ID, and INS Form 9 (I9), before being issued a pass to enter the installation. At the time of issuance, a Wants and Warrants check is conducted for every contractor. Personnel employed by the contractor must get a pass for their privately owned vehicles at Bldg.

#1032, Visitor Reception Center, with proof of following:

(1) Liability Insurance

(2) Current License Plates

(3) Current State Inspection Sticker (If Required)

(4) Valid State Driver License

(5) A phone number for sponsor on base

c. Vehicles owned by the contractor with the company names permanently printed on them are not required to obtain a pass as long as a current work order is presented at the time of entry. However, current liability insurance, state inspection sticker, and registration is required. The person driving the vehicle must have a valid operator license for the type of vehicle.

d. The contractor is responsible for ensuring employees report to Bldg. # 1032, Visitor Reception Center, to present their INS Form 9 (I9) before being issues a visitor pass.

e. Upon completion or termination of the contract or expiration of the identification passes, the contractor shall ensure that all base identification passes issued to contractor employees are returned to the issuing office. If a contractor employee has been terminated, the pass will need to be retrieved and returned to Security Forces so that employee does not have base access. If the pass is not retrieved then SF will need to be notified so base access is not allowed. Upon completion of the contract return all issued installation access passes to the issuing authority.

f. Failure to comply with these requirements may result in withholding of final payment.

Pass and Identification Items. The Host Unit shall ensure the following pass and identification items required for contract performance are obtained for employees and non-government owned vehicles:

a. Installation Access Pass (IAP) (DBIDS),, Visitor/Vehicle Pass (AFMAN 31-116), used for contracts for less than one year to include one-day visits (i.e. warranty work).

b. Installation Access Card (IAC) (DBIDS), Civilian Identification Card, used for contracts one year or more which do not require access to controlled areas or government computer systems.

c. DoD Common Access Card (CAC), (AFI 36-3026), used for contracts for more than one year and requirement exists for access to the government computer systems and software. CAC applications are accomplished by Trusted

Agents via the Contractor Verification System (CVS).

Suitability Investigations. Contractor personnel shall successfully complete, as a minimum, a National Agency

Check with Inquiries (NACI), before operating government furnished workstations that have access to Air Force e-mail systems. The contractor shall comply with the DoD 5200.2-R, Personnel Security Program, AFMAN 33-

152, User Responsibilities and Guidance for Information Systems, and AFI 33-200, Information Assurance (IA)

Management, requirements. NACI investigations requests are initiated using the Standard Form (SF) 85P and are submitted to the installation Information Protection Office through the Unit Security Manager. NACI investigations are different from the wants and warrants checks, and are provided by the government at no additional cost to the contractor.

Unescorted Entry to Restricted Areas. When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Integrated Defense, Personnel Security Program

Management, as applicable. Contractor personnel shall be the subject of a favorably completed NACI investigation to qualify for unescorted entry to a restricted area. In addition, the Air Force shall submit NACI investigations for contractor employees at no additional cost to the contractor.

Listing of Employees. The contractor shall maintain a current listing of employees. The list shall include employee's name, social security number, and date of investigation if service work involves unescorted entry to Air

Force restricted or other sensitive areas designated by the installation commander. The list shall be validated and signed by the company Facility Security Officer (FSO) and provided to the contracting officer prior to the contract start date. Updated listings shall be provided when an employee's status or information changes.

Freedom Of Information Act Program (FOIA). The contractor shall comply with DoD Regulation 5400.7-R/Air

Force Supplement, DoD Freedom of Information Act Program, requirements. The regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, transmitting, and safeguarding For

Official Use Only (FOUO) material. The contractor shall comply with AFI 33-332, Privacy Act Program, when collecting and maintaining information protected by the Privacy Act of 1974 authorized by Title 10, United States

Code, Section 8013. The contractor shall remove or destroy official records only in accordance with AFMAN 33-

363, Management of Records, or other directives authorized in AFI 33-322, Records Management Program.

Reporting Requirements. The contractor shall comply with AFI 71-101, Volume- 1, Criminal Investigations, and

Volume-2, Protective Service Matters, requirements. Contractor personnel shall report to an appropriate authority, any information or circumstances of which they are aware may pose a threat to the security of DoD personnel, contractor personnel, resources, and classified or unclassified defense information. Contractor employees shall be briefed by their immediate supervisor upon initial on-base assignment and as required thereafter.

Personnel Security. Contractor personnel requiring unescorted entry to controlled or restricted areas designated by the installation commander, shall comply with base access requirements. These requirements are contained in AFI

31-101, for installation access and AFI 31-501, for suitability determinations.

Additional Security Requirements. In accordance with DoD 5200.1-R and AFI 31-401, the contractor shall comply with AFI33-100, User Responsibilities and Guidance for Information Systems ; AFI 33-200, Information

Assurance (IA) Management; applicable AFKAGs, AFIs, and AFSSIs for Communication Security (COMSEC);

and AFI 10-701, Operations Security (OPSEC). The contractor will comply with DOD Standard 22 – Level 1 AT

Awareness training and associated tasking IAW AFI 10-245, Antiterrorism (AT) standards.

Physical Security. Areas controlled by contractor employees shall comply with base Operations Plans/instructions for FPCON procedures, Random Antiterrorism Measures (RAMS) and local search/identification requirements. The contractor shall safeguard all government property, including controlled forms, provided for contractor use. At the close of each work period, government training equipment, ground aerospace vehicles, facilities, support equipment, and other valuable materials shall be secured. During increased FPCONs, contractors may have limited access to the installation and should expect entrance delays.

Entry Procedures to Controlled/Restricted Areas. The contractor shall comply and implement local base procedures for entry to Air Force controlled and restricted areas.

Key Control. The contractor shall establish and implement key control procedures in the Quality Control Plan to ensure keys issued to the contractor by the government are properly safeguarded and not used by unauthorized personnel. The contractor shall not duplicate keys issued by the government.

Lost Keys. Lost keys shall be reported immediately to the contracting officer. The government replaces lost keys or performs re-keying. The total cost of lost keys, re-keying or lock replacement shall be deducted from the monthly payment due the contractor.

Government Authorization. The contractor shall ensure its employees do not allow government issued keys to be used by personnel other than current authorized contractor employees. Contractor employees shall not use keys to open work areas for personnel other than contractor employees engaged in performance of their duties, unless authorized by the government functional area chief.

Lock Combinations. The contractor shall establish procedures in local OIs ensuring lock combinations are not revealed to unauthorized persons and ensure the procedures are implemented.

Traffic Laws. The contractor and their employees shall comply with base traffic regulations.

CRIMINAL HISTORY CHECK

Contractors will submit personnel assigned to work on the installation during the course of the awarded contract for criminal history checks. The cost of criminal history checks will be the responsibility of the contractor for all contract employees and sub-contract employees. Requests for criminal history checks will be accomplished prior to work being accomplished.

Criminal History checks of employees will include but not limited to local (city), State, and National agencies to determine if the employee is clear of any criminal warrants or cleared of state or federal convictions of the following offenses:

a. Misdemeanor and/or Felony Warrants regardless of offense

b. Rape

c. Child Molestation

d. Murder

e. Aggravated Assault

f. Arson

g. Larceny

Additional convictions of a felony nature not included above will be reviewed individually and base access determined on a case-by-case basis. If information is received from the prime contractor indicating any of the above offenses are attached to an employee or sub-contractor employee, the employee shall not be authorized base access.

SUBCONTRACTORS

The contractor shall deliver to the contracting officer a completed SF 1413, STATEMENT OF

ACKNOWLEDGEMENT, for all subcontractors working on this project. The form shall include the subcontractor’s acknowledgment that the following contract clauses are included in his/her subcontract: Davis-

Bacon Act, Contract Work Hours and Safety Standards Act-Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with Copeland Act Requirements, Withholding of Funds, Subcontracts, Contract Termination-Debarment, Disputes Concerning Labor Standards, Compliance with the Davis-Bacon and

Related Act Regulations, and Certification of Eligibility. Nothing contained in this contract shall create any contractual relation between the subcontractor and the Government.

MATERIAL PAYMENTS (HIGH VALUED ITEMS)

A. Payments may be made for major high-value materials, in advance of installation.

B. Payment for materials stored off-site will not be made unless sound procedures (such as a bonded warehouse) are established for their accountability and control, subject to the same procedures outlined in C (3) below.

C. Payment for major high-value materials stored on Randolph AFB may be made subject to the following:

(1) To be eligible for payment in advance of installation, materials must be shown as a percentage of the work and submitted for approval. In order to properly evaluate this item, a complete breakdown by quantity, item description, and cost for each major, high-value item must be furnished. Once approved, no changes will be allowed to include additional materials for payment.

(2) A joint inventory and inspection of such items approved for payment must be made by the contractor and the contract administrator of the Contracting Office to ensure that the quantities are valid, the items are as described, and sufficient security measures have been taken to prevent damage or theft.

(3) Although materials paid for become the property of the Government, the contractor remains responsible for all materials delivered and work performed until completion and acceptance of the construction work. Responsibility for safeguarding material until final inspection and inspection rests with the contractor.

(4) The contractor must prove he has title to the materials (i.e., paid invoices) and will use them to perform the contract.

D. When requesting payment for approved materials, the contractor must provide a certificate, substantially as shown below, in addition to submitting supplier's paid invoice.

(1) (Contractor’s Name) hereby transfers and assigns to Randolph AFB all its rights, titles, and interest of every kind and character in and to all of the goods described in the attached request for payment. Those who have furnished materials or supplied such goods to us have executed a waiver of claim and lien, a copy of which is attached

(2) (Contractor’s Name) acknowledges that, despite transfer of title, until such goods have been delivered to the job site, incorporated into the work, inspected and accepted, shall (Contractor’s Name) remain responsible for:

a. Cost and expenses of storage, as applicable;

b. Insurance premiums;

c. Deterioration of such goods.

d. Loss or mysterious disappearance of such goods; and

e. Such portion of goods not in accordance with the contract requirements.

(3) (Contractor’s Name) hereby acknowledges that it has no interest in such goods by virtue of retained possession, and states that it keeps such goods for Randolph AFB and disclaims any claims against such goods for storage cost, for unpaid contract retainage, or for any other reason.

E. The Contracting Officer will have the final decision on which materials are major, high-value materials.

PAYROLLS

a. Payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.

Government Printing Office, Washington DC 20402. When Department of Labor Form WH 347 (or an equivalent form that provides the same data and identical representation) is not used, a DD Form 879, "Statement of

Compliance", must be submitted with each payroll report.

b. The prime contractor shall submit both its and its subcontractors’ weekly payrolls within seven (7) calendar days after the regular payment date of the payroll week covered. When no work has been accomplished during the week, by either the prime or a subcontractor who has started work, the contractor shall certify a "Statement of Non-

Performance" for itself and/or its subcontractors.

c. Subcontractor payrolls must be provided under transmittal cover letter from the prime contractor to show their review and approval.

d. The contractor shall request conformance of any class of laborers or mechanics not listed in the attached wage determination but who are to be employed under the contract on Standard Form (SF) 1444, "Request for

Authorization of Additional Classification and Rate".

e. A copy of the applicable Apprenticeship or Training Agreement must accompany the payroll when a worker is listed as an apprentice or trainee. Such agreement must be approved by the appropriate agency and shall identify the allowable ratio of apprentices/trainees to journeymen, the applicable rate of pay allowed, and the employee's level of progress expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

f. The last payroll of the prime and each subcontractor shall be clearly marked "FINAL" when submitted.

g. Noncompliance with the above may result in retainage of up to 10% being withheld from your invoice.

BONDING REQUIREMENT (For IDIQ contracts as applicable)

Delivery orders exceeding $100,000.00, FAR clause 52.228-15 is applicable.

Delivery orders exceeding $25,000.00 but less than $100,000.00, FAR clause 52.228-13 is applicable.

ADMINISTRATIVE AUTHORITY

(a) The resultant contract will be administered by the 902 Contracting Squadron. The address, telephone number and fax number of the Contracting Officer are as follows:

902 CONS/LGCC

Attn: Courtney Baumgartner

395 B Street West, Suite 2

Randolph AFB, TX 78150-4524

Phone: 210-652-5169

Fax: 210-652-7486

E-mail: courtney.baumgartner@randolph.af.mil mailto:courtney.baumgartner@randolph.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 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 change is: rerouting planned location of a 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 interpretation, shall be submitted to the CO.

REQUIRED INSURANCE

Reference FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract. Prior to commencement of work, the contractor shall complete and submit a ―Certification Liability‖ form provided by the Government.

a. Workmen’s Compensation and Employee Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such state will be satisfactory. The required Workmen’s Compensation insurance shall extend to cover employee’s liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.00.

b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000.00 per occurrence shall be required on the comprehensive form of policy.

c. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000.00 per person and

$500,000.00 per occurrence for bodily injury and $20,000.00 per occurrence for property damage shall be required.

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, outline the procedures used by the commander to control smoking in our facilities. Contractor employees and visitors are subject to the same restrictions as are Government personnel. Smoking is permitted only in designated smoking areas.

BASE FIRE PREVENTION PROGRAM

The Contractor will be required to comply with the Fire Prevention Program regulations of the military installation to be serviced under this contract. The names of the installations, the applicable regulations, and the locations where these regulations may be reviewed are listed below:

Name of Installation(s): Randolph AFB TX

Regulation No. and Title: RI 32-2001, Base Fire Prevention and Protection

Date 20 Aug 2007

Location: 902 CES/CECC

AVAILABILITY OF UTILITIES SERVICES

Notwithstanding 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.

UTILITIES CONSERVATION

The contractor will be required to participate in government energy conservation programs. For the purpose of this contract, utilities such as water, electricity, etc., will be furnished by the government at no cost to the contractor.

Long distance and Defense Switched Network (DSN) telephone services will not be provided.

LEGAL HOLIDAYS

The following legal holidays are observed by the base:

New Year Day 1 January

Martin Luther King Birthday 3 rd

Monday in January

Presidents Day 3 rd

Monday in February

Memorial Day Last Monday in May

Independence Day 4 July

Labor Day 1 st Monday in September

Columbus Day 2 nd

Monday in October

Veterans Day 11 November

Thanksgiving Day 4 th

Thursday in November

Christmas 25 December

Note: Any of the above holidays falling on a Saturday will be observed on the preceding Friday; holiday falling on

Sunday will be observed on the following Monday.

DRIVING ON RANDOLPH AFB TX

The speed limit on Randolph AFB is 25 MPH unless otherwise posted. All housing areas are 15 MPH, service drives and parking lots are 5 MPH. Electronic detection devices are used for measuring speed on Randolph AFB.

Contractors are cautioned to obey all speed laws, parking regulations and traffic control devices. Failure to do so can result in loss of driving privileges and debarment. Privately owned vehicles are prohibited from driving on the flight line, taxiways and aircraft parking areas, except when specific permission has been granted by Base

Operations. In addition, seat belts usage is mandatory on base.

TELEPHONE COMSEC MONITORING

All communications with DOD organizations are subject to COMSEC monitoring. Contractor personnel will be aware the telecommunications networks are continually subject to intercept by unfriendly intelligence organizations.

The DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from or terminating at DOD organizations. Therefore, civilian contractor personnel are advised that any time they place a call to or receive a call from a military organization; they are subject to COMSEC procedures.

The contractor will assume responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with official DOD information.

WORK BY THE GOVERNMENT

The Government reserves the right to undertake performance by Government forces or other contractors, the same type or similar work as contracted for herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.

GOVERNMENT LIABILITY

The government will not be liable for any loss or damage to the contractor’s property, including stock or for expense incidental to such loss or damage.

INSTALLATION RULES AND REGULATION

The rules and regulations of the installation where services are performed shall apply to the contractor and his employees while on the premises of such installation. These regulations include but are not limited to: presenting valid identification for base entrances, obtaining and using vehicle passes for all contractor-owned and/or privately owned vehicles, obeying all posted directives, and providing strict adherence to security police direction in instances where security police have been dispatched to a particular location.

NOTICE OF CONSTRUCTIVE CHANGES

No verbal/written order, statement, or direction of the Contracting Officer, an authorized representative of the

Contracting Officer whether or not acting within the limits of his authority, or any other representatives of the

Government shall constitute a change order under the ―Changes‖ clause of this contract or entitle the Contractor(s) to an equitable adjustment of the price or delivery schedule, unless such a change is issued in writing and signed by the Contracting Officer.

TEXAS SALES TAX EXEMPTION NOTICE

To allow all contractors the maximum advantage of the exemption provisions of the Texas Sales and Use Tax Laws, contractors may claim an exemption from tax when purchasing tangible personal property that will be incorporated into the realty for the U.S. Government. Questions regarding the proper application of the State Tax Laws should be addressed to the State Comptroller’s office.

PAST PERFORANCE EVALUATION

a) The Contracting Activity shall evaluate the contractor’s performance upon completion through the Construction

Contractor Appraisal Support System (CCASS). The WEBSite for access to this program is at http://www.cpars.csd.disa.mil for each contract exceeding $650,000.00. This report will normally be accomplished at the contract completion. Prior to the evaluation report being finalized by the Contracting Officer, the Contractor will be given an opportunity to make comments on the Assessing Official’s ratings and their comments. The

Contractor shall provide their comments to the Contracting Officer via CCASS within 30 calendar days from the date the performance evaluation report is forwarded to the Contractor’s designated reviewing official.

b) To obtain assess to the CCASS, the Contractor at their expense shall obtain a Public Key Infrastructure (PKI)

Certificate. A PKI certificate is software, which is purchased from an approved commercial vendor and installed on your computer. The approved vendors are listed at http://www.cpars.csd.disa.mil/pki_info.htm under the heading

―Approved External Certificate Authority (ECA) Vendors‖. You may have to scroll down the page to see the list.

An approved ECA vendor is one that has been validated as having processes that conform to DoD’s rigorous security models. Temporary assess authority is allowed to a contractor to log onto CCASS without a PKI certificate, within 90 days of issuance of a system User ID. The purpose of the 90 day ―window‖ is to allow the Contractor time to purchase, receive, and install a PKI certificate. The contractor should immediately contact a vendor to purchase your PKI certificate, because you will not be able to log onto the CASS system after the 90 day ―window‖ has expired.

c) The contractor shall designate in writing to the Contracting Officer the contractor’s CCASS representative to include the representative’s e-mail address and phone number. Each contractor employee who needs to log onto the CCASS system will need to have a PKI identity certificate in order to gain access to

CCASS. PKI certificates may be purchased for one year or for multiple years. Contact the ECA vendor for details.

d) The Contracting Officer may submit a performance evaluation report for contracts valued less than $650,000.00 http://www.cpars.csd.disa.mil/ http://www.cpars.csd.disa.mil/pki_info.htm

SABER PROVISIONS

MINIMUM/MAXIMUM CONTRACT VALUE

a. The guaranteed minimum amount, which will be required for the life of the contract, including any options that may be exercised, will be $30,000.00. The guaranteed minimum amount will be obligated via delivery order(s) immediately after contract award.

b. The total amount of the contract shall not exceed $6,500,000 for the life of the contract.

PERFORMANCE PERIOD

The period of performance on each delivery order will be determined during negotiation between the Government and the contractor for each delivery order. The period of performance on delivery orders are independent of each other and may run concurrently.

STATUTORY COST LIMITATIONS

Some delivery orders may be subject to Statutory Cost Limits. If so, this limitation will be cited in the applicable delivery order.

DAVIS BACON WAGE DETERMINATION (Delivery Orders)

The current wage determinations shall be cited in the RFP letter and will be incorporated in each delivery order.

The most current wage determination can be obtained from the Department of Labor Wage Determination On-Line

Website: http://www.wdol.gov.

COMMENCEMENT OF WORK (Delivery Orders)

No work under this contract shall commence until such time as the Contracting Officer issues a written task order and a Notice to Proceed under the task order.

NOTIFICATION REQUIREMENT WHEN CHANGING KEY PERSONNEL

Personnel in key positions are considered essential to the effective performance of any resultant delivery orders under this contract. Examples of key positions include project manager, superintendents, and quality control inspectors. Prior to diverting any key personnel to other programs/projects, the contractor shall notify the

Contracting Officer at least ten (10) working days in advance of the proposed diversion and shall submit justification

(including proposed substitutions) in sufficient detail to permit evaluation of the impact on the SABER program.

Contractor shall provide a listing of key personnel. This listing of key personnel may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate. Qualifications of replacement personnel shall meet the same qualifications listed in Attachment 1 paragraph 43.2.

PROFESSIONAL REGISTRATION REQUIREMENTS

Unless otherwise indicated by the CO, in writing, the design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work specified in individual delivery orders shall be supervised and approved by registered architects or engineers. The engineers or architects must be registered to practice in the particular professional field involved in a state (or the state where the work is to be performed if required by law) or possession of the United States, in Puerto Rico, or in the District of Columbia. Registration as a professional engineer in the particular specialty will be considered equivalent to a bachelor’s degree. Degrees and professional registration may not be substituted for experience requirements. Additionally, professional registration may or may not be required at the delivery order level.

MATERIAL SUBMITTALS

a. Definitions:

(1) Submittal: A submittal is a package of project information, samples, drawings, schedules, certifications, etc., submitted to the Contracting Officer for Government review.

(2) Deviation: A requested change or substitution of an item not agreeing with the contract specifications requirements. AA

b. Purpose: Submittals are provided to the Government for the purpose of reviewing the contractor's planned approach and compliance with the requirements of the contract. It is also a mechanism whereby the contractor may http://www.wdol.gov/ propose deviations, color choices, shop drawings, etc. at an early point in the contract where changes in approach will have less impact on the materials ordering process.

c. Authority: The contractor is solely responsible for the contents of a submittal. Through the submittal process the contractor certifies that all items listed or implied, fully meet the intended purpose, functionality, and quality requirements of the plans and specifications, or are submitted as a specific deviation thereto.

d. Timely submission of all equipment, material and articles requiring approval is critical. The Contractor shall provide a Submittal Register, listing all the required submittals along with the submittals to the Contracting Officer within seven (7) calendar days after the NOTICE TO PROCEED (NTP) is issued for each Delivery Order or as otherwise established by the Contracting Officer. This shall provide sufficient time to allow for the coordination and approval of the submittals prior to using or installing the material and articles in order to prevent the submission from adversely impacting the previously negotiated delivery order completion date. The Submittal Register shall be in a format approved by the Contracting Officer.

e. The contractor shall ensure that material submittals provided accurately describe the items in the necessary detail required for a full…