MATOC RFP Final.pdf

TEL:

8. ADDRESS OFFER TO

A. Project Title: (MATOC) Multiple Award Task Order Contract- Indefinite Delivery/Indefinite Quantity (IDIQ) B. This acquisition is set aside for SBA-certified Section 8(a) firms only. Government anticipates award of up to 3 contracts under this solicitation.

C. Project performance period is scheduled for a Base Year plus four (4) one-year Option Periods.

D. The guaranteed minimum amount over the life of this contract is $500.00 payable following attendance at a mandatory post-award orientation conference.

E. The total aggregate maximum amount expendable under all MATOC contracts awarded shall not exceed $40 million for base and all option years.

F. The "seed project" magnitude is between $25,000.00-$100,000.00.

G. A Bid Bond in the amount of 20% will be required for the seed project. See Section H, Special Contract Requirements.

H. Reference Section L, "Instruction, Conditions, and Notices to Offerors" for proper preparation and Section M- "Evaluation Factors for Award".

I. A Pre-proposal conference/site visit is scheduled for 20 Jul 2010 @ 1:00 P.M. (CDT) at Rockwell Hall, Scott AFB. The conference will include a visit to the seed project location.

ALLEN SCHMEIZER 618-256-9251

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

07-Jul-2010

(RFP)

(IFB)

X

CALL:

Misc Projects

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

11. The Contractor shall begin performance within _______10 calendar days and complete it within ________ calendar days after receiving award, X notice to proceed. This performance period is mandatory, X negotiable. (See _________________________Section H

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ copies to perform the work required are due at the place specified in Item 8 by __________1 _ local time ______________06 Aug 2010 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (hour) Sealed envelopes containing offers

FAX:

(If Other Than Item 7)

MATOC

6. PROJECT NO.

7. ISSUED BY CODE

FA4407-10-R-0009

TEL: FAX:

5. REQUISITION/PURCHASE REQUEST NO.

FA4407

375 CONS/LGC

201 E WINTERS STREET BLDG 50

SCOTT AFB IL 62225-5015

(REV. 4-85)NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS To be determined on individual task orders

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

Funds will be cited on individual task orders

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:

Paying Office and instructions will be provided on individual task orders

26. ADMINISTERED BY

375th Contracting Squadron Construction Flight, Bldg 52 Scott AFB IL 62225-5015

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR (Include area code) 15. TELEPHONE NO.

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

(Must be fully completed by offeror) OFFE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this

FA4407-10-R-0009

Section B Supplies, Services, Prices

ITEM NO SUPPLIES/SERVICES

MAX

QUANTITY

UNIT

UNIT PRICE

Each

Base Year 1 Sep 10- 31 Aug 11

FFP

MATOC is a multiple award, competitive design-build Indefinite Delivery/Indefinite quantity (IDIQ) construction acquisition based on a general statement of work further defined with each individual task order. The work will consist of multiple disciplines in general construction categories for on-base facilities, Scott AFB IL. Minimum guarantee of $500.00 will be paid in the base year after attendance at a mandatory post-award orientation conference. Project estimating fee of $500 for designated unfunded projects to be paid after submission of task order proposal. Proposal price must be valid for a minimum of 90 days from date of receipt. Estimating fee will not apply to unfunded projects authorized for solicitation pursuant to Special Advance Authority (SAA).

FOB: Destination

NSN: Z199-10-CON-MATC

SIGNAL CODE: A

See Section H, para 1.1

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

1001 100 Each OPTION Option Yr One (1 Sep 11-31 Aug 12)

MATOC is a multiple award, competitive design-build Indefinite Delivery/Indefinite quantity (IDIQ) construction acquisition based on a general statement of work further defined with each individual task order. The work will consist of multiple disciplines in general construction categories for on-base facilities, Scott AFB IL. Project estimating fee of $500 for designated unfunded projects to be paid after submission of task order proposal. Proposal price must be valid for a minimum of 90 days from date of receipt. Estimating fee will not apply to unfunded projects authorized for solicitation pursuant to Special Advance Authority (SAA).

FOB: Destination

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

2001 100 Each OPTION Option Yr Two(1 Sep 12-31 Aug 13)

FFP

MATOC is a multiple award, competitive design-build Indefinite Delivery/Indefinite quantity (IDIQ) construction acquisition based on a general statement of work further defined with each individual task order. The work will consist of multiple disciplines in general construction categories for on-base facilities, Scott AFB IL. Project estimating fee of $500 for designated unfunded projects to be paid after submission of task order proposal. Proposal price must be valid for a minimum of 90 days from date of receipt. Estimating fee will not apply to unfunded projects authorized for solicitation pursuant to Special Advance Authority (SAA).

FOB: Destination

ITEM

NO

SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

3001 100 Each OPTION Option Yr Three (1 Sep 13-31 Aug 14)

FFP

MATOC is a multiple award, competitive design-build Indefinite Delivery/Indefinite quantity (IDIQ) construction acquisition based on a general statement of work further defined with each individual task order. The work will consist of multiple disciplines in general construction categories for on-base facilities, Scott AFB IL. Project estimating fee of $500 for designated unfunded projects to be paid after submission of task order proposal. Proposal price must be valid for a minimum of 90 days from date of receipt. Estimating fee will not apply to unfunded projects authorized for solicitation pursuant to Special Advance Authority (SAA).

FOB: Destination

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

4001 100 Each OPTION Option Yr Four (1 Sep 14-31 Aug 15)

FFP

MATOC is a multiple award, competitive design-build Indefinite Delivery/Indefinite quantity (IDIQ) construction acquisition based on a general statement of work further defined with each individual task order. The work will consist of multiple disciplines in general construction categories for on-base facilities, Scott AFB IL. Minimum guarantee of $500.00 will be paid in the base year after attendance at a mandatory post-award orientation conference. If recipient of "seed project" award, the minimum guarantee will be satisfied by the award amount. Project estimating fee of $500 for designated unfunded projects to be paid after submission of task order proposal. Proposal price must be valid for a minimum of 90 days from date of receipt. Estimating fee will not apply to unfunded projects authorized for solicitation pursuant to Special Advance Authority (SAA).

FOB: Destination

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F - Deliveries or Performance

52.211-13 Time Extensions SEP 2000

CLAUSES INCORPORATED BY FULL TEXT

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

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

* Note: Performance period to be negotiated on individual Task Orders.

(End of clause)

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $ [To be determined on individual task orders, if applicable] for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

FEDERAL HOLIDAYS

The following federal legal holidays are observed by this base:

New Years Day 1st of January Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day 4th of July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11th of November Thanksgiving Day Fourth Thursday in November Christmas Day 25th of December

Note:

Holidays falling on a Saturday will be observed on the preceding Friday.

Holidays falling on a Sunday will be observed on the following Monday.

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

1.1 ADMINISTRATIVE MATTERS

Mailing address and telephone number for the 375th Contracting Squadron Construction Flight:

375th Contracting Squadron/LGCA 201 E. Winters St., Bldg 52 Scott AFB IL 62225-5015

(618) 256-9320

1.2 CONTRACTOR’S CONTRACT ADMINISTRATION

To Be Completed By The Contractor:

Name and Title:

Responsible Office:

Address:

Telephone Number:

Email:

Cage Code:

Duns Number:

Tax Identification Number:

1.3 INDIVIDUAL(S) AUTHORIZED TO NEGOTIATE OR DISCUSS PROPOSAL

Name of Primary: Name of Alternate:

Address: Address:

Telephone #: Telephone #:

Alternate #: Alternate #:

Fax No: Fax No:

Email: Email:

1.4 INVOICES

Task orders will specify invoicing procedures and payment office if applicable. The wide area work flow (WAWF) electronic invoicing/payment system is normally required for processing payments unless specified otherwise.

Registration and invoicing instructions will be provided with individual task orders.

Section H - Special Contract Requirements

1.1 MINIMUM/ MAXIMUM CONTRACT AMOUNTS

The contract minimum guarantee will be satisfied with payment of $500 for contractor attendance and participation in a MATOC post-award orientation seminar sponsored by Scott AFB 375th CONS and 375th CES. The seminar is an open forum discussion on the MATOC program. Some of the topics covered in the orientation may include identification of base security requirements, a tour of base facilities, relationship/partnering, design/build specific requirements and expectations, and construction management. The government makes no representation as to the number of task orders or actual amount of work to be ordered in excess of the minimum guarantee specified herein.

The maximum aggregate amount of the Multiple Award Task Order Contract (MATOC) program, inclusive of all awarded MATOC contracts, task orders, and option periods, shall not exceed $40,000,000.

1.2 COMMENCEMENT OF WORK

No work under this contract will commence until such time as the contracting officer issues a written task order and notice to proceed.

1.3 PLACE OF PERFORMANCE

Project task orders under this contract are located on Scott AFB IL and may include other locations in the immediate vicinity and under the jurisdiction of Scott AFB. Any off base sites are within 25 miles of Scott AFB.

The specific place of performance will be designated on individual task orders.

1.4 PROPOSAL PREPARATION COSTS

With the exception of authorized estimating fees, costs for preparation of task order proposals shall be the contractor’s responsibility. When specified in task order solicitations, the contractor may be authorized payment of the project estimating fee listed in the Section B price schedule for projects which may not receive funding. The estimating fee will not apply to unfunded projects designated as Special Advance Authority (SAA). Participation in any task order competition for funded or unfunded projects is at the sole discretion of the contractor.

1.5 REQUIRED INSURANCE (IAW FAR 28.306(b))

Reference FAR clause entitled "Insurance . . ." the contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

(a) Workmen's Compensation and Employers 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 employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

(b) General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 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 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

(d) The Certificate of Insurance shall provide for thirty (30) days written notice to the contracting officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned “Insurance” clause.

1.6 DAVIS BACON WAGE DETERMINATION

Individual task orders will be subject to one or more of the applicable Wage Determinations as the work dictates at the time of contract award (see Section J, List of Attachments).

Upon exercise of an option period, new wage determinations will be incorporated and contractors will be required to comply with the revised wage rates on future task orders. See FAR Clause 52.222-30, section I.

1.7 SUBCONTRACTING RESPONSIBILITIES

The contractor shall be responsible for the management and performance of all subcontractors. The contractor shall ensure Task Orders are completed within the stated requirements.

1.8 NOTICE OF CONSTRUCTIVE CHANGES

No 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 to an equitable adjustment of the price or delivery schedule, unless such a change is issued in writing and signed by the contracting officer.

1.9 PRE-DESIGN AND/OR PRE-CONSTRUCTION CONFERENCE

Prior to commencing work under a task order, the contractor shall meet with the contracting officer and/or designated technical personnel at a mutually agreeable time to discuss and develop mutual understandings concerning schedule and administering work.

1.10 PAYMENT FOR MATERIALS STORED ON SITE

(a) Payment for materials/equipment stored on site may be authorized on a case-by-case basis.

(b) Consideration for payment for materials stored on site is subject to the following conditions:

(1) The contractor shall furnish the contracting officer a list of the major high-cost items to be incorporated into the contract and for which payment, prior to installation, will be requested.

(2) Payment is limited to major high-cost items. Payment of major high-cost items does not include contractor overhead and profit.

(3) Payment requests shall be consistent with approved material submittals and shall be supported by the following documents:

• Certified paid vendor invoices

• Inventory checklists, jointly validated by the contractor, contract administrator, and/or construction inspector.

• Accepted delivery tickets, if applicable.

(4) All material for which payment is requested shall be delivered to an approved location on-site, and certified that none will be removed without written permission of the contracting officer. Materials may also be stored in a bonded warehouse offsite if suitable storage space is not available on base.

(5) Payments will be made monthly, or at more frequent intervals as determined by the contracting officer.

(6) The contractor shall remain responsible and retain title to the materials until incorporated into the work.

1.11 TASK ORDER ISSUANCE PROCEDURES

(a) Work under this contract will be ordered by written task orders issued on DD Form 1155 (Order for Supplies or Services) to the contractor by the contracting officer.

(b) Each award as a result of this solicitation will cite an individual contract number. Task orders will be placed in a sequential numbering system, which relate back to the basic contract and their assigned task order number.

(c) Task order solicitations will specify the time, date, and location for receipt of proposals. Task order response periods may vary depending on urgency of need or other factors.

(d) Task orders will be firm fixed price and clearly define the specific services to be performed or the performance required. Each task order may contain additional, site or project-specific, provisions. Any additional provisions shall be a part of the task order request for proposal.

(e) Task order projects shall be for non-complex, performance-oriented projects requiring minimal or no design.

(f) Contractors are required to contact the contracting officer within two days after receipt of task order solicitation and communicate their intent to participate in scheduled site visit and task order competition.

(g) Contractors are required to comply with the provisions identified at FAR 52.223-4, Recovered Material Certification, and 52.223-9, Alt 1, Estimate of Percentage of Recovered Material Content for EPA-Designated Items.

1.12 COMPETITION

(a) Contractors awarded IDIQ contracts as a result of this RFP will compete for subsequent task orders. Contractors are encouraged to participate in all site visits and submit proposals. Repeated failures to participate in task order competitions and submit proposals may result in the government not exercising the option to extend the contract.

Occasionally, the government will solicit offers for projects for which funds are not certified or readily available.

Air Mobility Command (AMC) refers to these acquisitions as “Special Advance Authority” or “SAA” projects and the contracting officer may solicit offers from MATOC contractors or other sources for these requirements.

Submission of proposals for these acquisitions is at the sole discretion of the contractor. Proposals submitted in response to SAA designated projects are not eligible for payment of the project estimating fee listed in the price schedule.

(b) Unless the contracting officer applies the exceptions noted below, each Task Order will be awarded, as a result of competition to the contractor who offers the best value to the Government considering the criteria specified. The Contracting Officer’s decision as to the selection for award of a Task Order is not protestable unless the protest is on the grounds that the order increases the scope, period, or maximum value of the overall contract program.

(c) The Contracting Officer reserves the right to award a Task Order without competition based upon a determination that:

(1) The agency need for the supplies or services are so urgent that providing a fair opportunity would result in unacceptable delays;

(2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services being ordered are unique or highly specialized;

(3) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

1.13 DESCRIPTION OF SUBSEQUENT TASK ORDERS

Task orders will typically range from $2,000 to $500,000. Task order projects may require single discipline or multi-disciplined construction and/or architect and engineering services to deliver general building construction for sustainment, renovation and maintenance-type projects. Projects may also require interior design, lead and asbestos abatement, and incorporation of sustainable features.

1.14 TASK ORDER EVALUATION CRITERIA

Task orders may be awarded on the basis of price, past performance, best value, performance price tradeoff process or lowest price, technically acceptable basis. The following factors may be evaluated, in addition to price or cost:

(a) Past Performance - Task Order past performance or prior past performance on other contracts

(b) Quality of Deliverables

(c) Ability to Meet Schedule Requirements

(d) Relevant Experience

(e) Cost Control

(f) Potential impact on other orders placed with the contractor

(g) Current workload

(h) Design

(j) The contractor’s technical understanding of the work

(k) The most efficient and effective plan to accomplish the work

(l) Rationale for proposed materials, type and quantities

(m) Sustainable design features

1.15 PERFORMANCE AND PAYMENT BONDS – APPLICABLE TO INDIVIDUAL TASK ORDERS

OVER $30K

Contractor shall furnish Performance and Payment Bonds (Standard Form 25/25A) with good and sufficient surety or sureties, acceptable to the Government. With the exception of preliminary design work, a notice to proceed shall not be issued and no work shall begin until good and sufficient surety, as identified below has been received and accepted by the contracting officer.

(a) Performance Bond: Unless the Contracting Officer determines that a lesser amount is adequate for the protection of the Government, the penal sum of the performance bonds (Standard Form 25) shall equal one hundred percent (100%) of the task order price.

(b) Payment Bond:

(1) Shall equal 100% of the task order price.

(2) One of the following is required:

(i) A payment bond.

(ii) An irrevocable letter of credit (ILC).

(iii) A tripartite escrow agreement. The prime contractor establishes an escrow account in a federally insured financial institution and enters into a tripartite escrow agreement with the financial institution, as escrow agent, and all of the suppliers of labor and material. The escrow agreement shall establish the terms of payment under the contract and of resolution of disputes among the parties. The government makes payments to the contractor's escrow account, and the escrow agent distributes the payments in accordance with the agreement, or triggers the disputes resolution procedures if required.

(iv) Certificates of deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the contracting officer, in an acceptable form, executable by the contracting officer.

(v) A deposit of the types of security listed in FAR 28.204-1 and 28.204-2.

(3) Bonds are due within 10 days of the receipt of the task order.

1.16 PROPOSAL GUARANTEE (BID BOND)

SEED PROJECT: A bid bond is required for the seed project for 20% of the proposed price.

SUBSEQUENT TASK ORDERS: Individual proposal guarantees (bid bonds) of at least 20% of the proposed price may be required from all offerors competing for award of all subsequent Task Orders. The requirement for a guarantee will be specified in task order solicitations.

1.17 REPLACING MATOC CONTRACTORS

Should one or more of the incumbent MATOC contractor’s options not be exercised, or if termination of contract(s) occurs, the process for selecting replacement contracts shall follow the same general process and procedures as used in selecting and awarding the basic MATOC awards.

1.18 ENVIRONMENTAL COMPLIANCE

Offerors are reminded of the environmental requirements contained in the solicitation to comply with all applicable federal state, and local environmental statutes and regulations. In addition to the scrutiny of civil environmental regulatory agencies, environmental compliance incidental to Air Force activities or on Air Force Property is subject to Air Force scrutiny. The Air Force routinely investigates environmental violations and compliance. Contracts shall comply with the Base Green Procurement Plan for proposal preparation and construction.

1.19 INSTALLATION RULES AND REGULATIONS

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 included but are not limited to: presenting valid identification for base entrances, state registration for 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.

1.20 UTILITY SERVICES (IAW FAR 36.514)

The contractor will be required to participate in Air Force energy and water conservation programs. Utility services are normally furnished to the contractor at no cost; however, see contract clause titled FAR 52.236-14, “Availability and Use of Utility Services.” All connections are the responsibility of the contractor. At construction sites where utilities are not available, the contractor is responsible for furnishing temporary utilities (portable generators, etc.).

1.21 SPECIAL UTILITY PROVISION

The contractor shall be responsible for any and all damages to accurately marked utilities resulting from its operations. Further, the contractor shall be held liable for all costs associated with such damages. Such costs include not only the costs to properly repair the damaged utility, but any direct costs incurred by the government to provide emergency response to the site, as well as for any other monetary losses. Such loss may also include the value of loss of productivity experienced by the government due to loss of power and /or facility evacuation arising from the utility damage. Contractors are to field verify and mark location of utilities shown on construction permit.

1.22 DESIGNATION OF GOVERNMENT INSPECTOR

The Base Civil Engineer or his authorized representative is designated as the representative of the contracting officer for the purpose of performing construction contract quality assurance for the government, which includes performing technical surveillance, monitoring workmanship, verifying compliance with plans and specifications, and tracking progress.. This provision in no way authorizes anyone other than the contracting officer to commit the government to changes in the terms of this contract.

1.23 PREPARATION OF SCHEDULES FOR CONSTRUCTION CONTRACTS

Reference FAR Clause 52.236-15 titled "Schedules for Construction Contracts." Construction schedules and progress reports may be prepared using any commercial project scheduling software. The schedule should reflect weekly progress by work element and/or construction trade from receipt of notice to proceed through final clean up of the site. The contractor shall furnish weekly progress reports reflecting actual progress with scheduled progress.

1.24 NONAPPROPRIATED FUND (NAF) GENERAL PROVISIONS The following general provisions will apply to task orders citing nonappropriated (NAF) funding:

l. DEFINITIONS (JAN 2005) - As used throughout this contract, the following terms and abbreviations have the meanings set forth below:

a. The term "contract" means this agreement or order and any modifications hereto.

b. The abbreviation "NAFI" means Nonappropriated Fund Instrumentality of the United States Government.

c. The term "Contracting Officer" means the person executing or responsible for administering this contract on behalf of the NAFI, which is a party hereto, or their successor or successors.

d. The term "Contractor" means the party responsible for providing supplies and/or services at a certain price or rate to the NAFI under this contract.

e. The abbreviation “FAR” means Federal Acquisition Regulation.

2. DISPUTES (NOV 2005)

a. Except as otherwise provided in this contract, any dispute or claim concerning this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall state his decision in writing and mail or otherwise furnish a copy of it to the Contractor. Within 30 days from the date of receipt of such copy, the Contractor may appeal by mailing or otherwise furnishing to the Contracting Officer a written appeal addressed to the Armed Services Board of Contract Appeals, and the decision of the Board shall be final and conclusive;

provided that if no such appeal is filed, the decision of the Contracting Officer shall be final and conclusive. The Contractor shall be afforded an opportunity to be heard and to offer evidence in support of any appeal under this clause. Pending final decision on such a dispute, however, the Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the Contracting Officer unless directed to do otherwise by the Contracting Officer.

b. A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. Contractors shall provide the certification specified below when submitting any claim. Any person duly authorized to bind the Contractor with respect to the claim may execute the certification.

“I certify that the claim is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify on behalf of the Contractor.”

c. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph "a" above, provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law.

3. LAW GOVERNING CONTRACTS (JAN 2005) - In any dispute arising out of this contract, the decision of which requires consideration of law questions, the rights and obligations of the parties shall be interpreted and determined in accordance with the substantive laws of the United States of America.

4. LEGAL STATUS (JAN 2005) - The NAFI is an integral part of the Department of Defense and is an instrumentality of the United States Government. Therefore, NAFI contracts are United States Government contracts; however, they do not obligate appropriated funds of the United States.

5. EXAMINATION OF RECORDS (JAN 2005) - This clause is applicable under contracts that are entered into by means of negotiation and where price and costing data are required to support a determination of price reasonableness. This clause does not apply to commercial items or when the Contracting Officer determines that prices agreed upon are based on adequate price competition. The Contractor agrees that the Contracting Officer or his duly authorized representative shall have the right to examine and audit the books and records of the Contractor directly pertaining to the contract during the period of the contract and until the expiration of three years after the final payment.

6. ASSIGNMENT (JAN 2005) - The Contractor or its assignee’s rights to be paid amounts due as a result of performance of this contract, may be assigned. No assignment by the Contractor, assigning its rights or delegating its obligations under this contract will be effective and binding on the NAFI until the written terms of the assignment have been approved in writing by the Contracting Officer.

7. GRATUITIES (JAN 2005)

a. The NAFI may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it is found, after notice and hearing, by the Secretary of the Air Force or their duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent, or representative of the Contractor, to any officer or employees of the Government or the NAFI with a view toward securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract.

b. In the event this contract is terminated as provided in paragraph "a" hereof, the NAFI shall be entitled (i) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of contract by the Contractor, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary of the Air Force or their duly authorized representative) which shall be not less than three nor more than ten times the cost incurred by the Contractor in providing any such gratuities to any such officer or employee.

c. The rights and remedies of the NAFI provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

8. TERMINATION FOR CONVENIENCE (JAN 2005) - The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the NAFI. If this contract is for supplies and is so terminated, the Contractor shall be compensated in accordance with FAR, Sub Parts 49.1 and 49.2 in effect on this contract's date. To the extent that this contract is for services and is so terminated, the NAFI shall be liable only for payment in accordance with the payment provisions of this contract for services rendered prior to the effective date of termination, providing there are no Contractor claims covering nonrecurring costs for capital investment. If there are any such Contractor claims, they shall be settled in accordance with FAR, Sub Parts 49.1 and 49.2.

9. CANCELLATION BY MUTUAL AGREEMENT (JAN 2005) - Should the situation warrant, the parties upon mutual agreement and no costs, may cancel this contract.

10. TERMINATION FOR CAUSE (JAN 2005)

a. (1) The NAFI may, subject to paragraphs (c) and (d) below, by written notice of cause to the Contractor, terminate this contract in whole or in part if the Contractor fails to-

(i) Deliver the supplies or perform the service within the time specified within this contract or any Extension;

(ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a) (2) below) or

(iii) Perform any of the other provisions of this contract (but see subparagraph (a) (2) below).

(2) The NAFI's right to terminate this contract under subdivisions (1) (ii) and (1) (iii) above, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of notice from the Contracting Officer specifying the failure.

b. If the NAFI terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will remain liable to the NAFI for any excess costs for those supplies or services. However the Contractor must continue the work not terminated.

c. The Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include

(1) acts of God or of the public enemy, (2) act of the NAFI in either its sovereign or contractual capacity, (3) fires,

(4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and; (9) unusually severe weather. Defaults by subcontractors at any tier for any reason do not constitute causes beyond the control and without the fault or negligence of the Contractor.

d. If this contract is terminated for cause, the NAFI may require the Contractor to transfer title and deliver to the NAFI as directed by the Contracting Officer, any

(1) completed supplies, and

(2) partially completed supplies and materials, parts, tool dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as manufacturing materials in the clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the NAFI has an interest.

e. The NAFI shall pay the contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes Clause.

The NAFI may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the NAFI against loss because of outstanding liens or claims of former lien holders.

f. If, after termination, it is determined that the cause by the Contractor was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for convenience of the NAFI.

g. The rights and remedies of the NAFI in this clause are in addition to any other rights and remedies provided by law or under this contract.

11. INSPECTION AND ACCEPTANCE (JAN 2005) - Inspection and acceptance will be at destination, unless otherwise provided in this contract. Notwithstanding the requirements for any NAFI inspection and test contained in specifications applicable to this contract, except where specialized inspections or tests are specified for performance solely by the NAFI, the Contractor, shall perform or have performed the inspections and tests required to substantiate that the supplies provided under the contract conform to the drawings, specifications, and contract requirements listed herein, including if applicable the technical requirements for the manufacturers' part numbers specified herein. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. Acceptance of the supplies or services or a written notice of rejections must be accomplished on or before the fifth working day following delivery of the supplies or services, unless otherwise specified in this contract.

12. VARIATION IN QUANTITY (JAN 2005) - No variation in quantity of any item called for by this contract will be accepted unless authorized by the Contracting Officer.

13. PARTIAL DELIVERIES (JAN 2005) - Partial deliveries are not permitted unless authorized by the terms of the contract or approved by the Contracting Officer.

14. PAYMENTS (JAN 2005) - Partial payments will be made when deliveries are authorized or as approved by the Contracting Officer. Payments and penalties for late payments are subject to the requirements established by the Prompt Payment Act, as amended, and as implemented for NAFI's. If the NAFI makes payment but such payment fails to include a prompt payment penalty due to the Contractor within 10 days from when the contract payment is made, penalty amounts will not be paid unless the Contractor makes a written request within forty days after the date of payment.

15. HOLD AND SAVE HARMLESS (JAN 2005) - The Contractor shall indemnify, hold and save harmless, and defend the NAFI, its outlets and customers from any liability, claimed or established for violation or infringement of any patent, copyright, or trademark right asserted by any third party with respect to goods hereby ordered or any part thereof. Contractor further agrees to hold the NAFI harmless from all claims or judgments for damages resulting from the use of products or services listed in this contract, except for such claims or damages caused by, or resulting from negligence of NAFI customers, employees, agents, or representatives. Also, Contractor shall at all times hold and save harmless the NAFI, its agents, representatives, and employees from any and all suits, claims, charges, and expenses which arise out of acts or omissions of Contractor, its agents, representatives, or employees.

16. MODIFICATIONS (JAN 2005) - No agreement or understanding to modify this contract will be binding upon the NAFI unless made in writing and signed by a Contracting Officer from the office that issued the contract or its successor.

17. TAXES (JAN 2005)

a. Except as may be otherwise provided in this contract, the contract price includes all taxes, duties or other public charges in effect and applicable to this contract on the contract date, except any tax, duty, or other public charge, which by law, regulation or governmental agreement, is not applicable to expenditures made by the NAFI or on its behalf; or any tax, duty, or other public charge from which the Contractor, or any subcontractor hereunder, is exempt by law, regulation or otherwise. If any such tax, duty, or other public charge has been included in the contract price, through error or otherwise, the contract price shall be correspondingly reduced.

b. If for any reason, after the contract date of execution, the Contractor or subcontractor is relieved in whole or in part from the payment or the burden of any tax, duty, or other public charge included in the contract price, the contract price shall be correspondingly reduced; or if the Contractor or subcontractor is required to pay in whole or in part any tax, duty, of other public charge which was not applicable at the contract date of execution the contract price shall be correspondingly increased.

18. PROOF OF SHIPMENT (JAN 2005) - (Applicable to shipments outside the United States through the Surface Deployment and Distribution Command (SDDC) and Parcel Post shipments to overseas destinations.)

a. Notwithstanding any clause of this contract to the contrary, payment will be made for items not yet received, upon receipt of an invoice accompanied by an appropriate proof of shipment. If shipment is made by insured parcel post, the contractor must furnish a copy of the Insured Mail Receipt issued by the US Postal Service. Otherwise, a stamped copy of a Certificate of Mailing issued by the US Postal Service must be furnished. If shipment is made by a common carrier (rail, air or motor freight), the Contractor must furnish a signed copy of the shipping document on which items are receipted for by the common carrier. A signed receipt by a NAFI representative at the delivery point (CCP or POE) is also acceptable evidence of proof of shipment.

b. Forwarding a proof of shipment and an invoice for payment by the Contractor shall be construed as a certification by the contractor that the items shipped conform to the specifications.

c. Notwithstanding any provisions of this clause or any payment made pursuant to the terms of this clause prior to receipt of the items contracted for, the NAFI retains the right to inspect upon receipt and the right to reject nonconforming items. The liability of the Contractor with respect to items for which payments have been made will, after inspection by the NAFI or after the expiration of a reasonable time following delivery to the NAFI within which inspection may be made, whichever occurs first, be limited to (i) exceptions taken at the time of inspection, and (ii) latent defects, fraud, or such gross mistakes as amount to fraud.

19. COMMERCIAL WARRANTY (JAN 2005) - The Contractor agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the NAFI by any other clause of this contract. The printed terms and conditions of such warranty will be provided to the NAFI with the delivery of any supplies covered.

20. ADVERTISEMENTS (JAN 2005) - Contractor agrees that none of its nor its agent's advertisements, to include publications, merchandise, promotions, coupons, sweepstakes, contest, sales brochures, etc, shall state, infer or imply that the Contractor's products or services are approved, promoted, or endorsed by the NAFI. Any advertisement, including cents-off coupons, which refers to a NAFI will contain a statement that the advertisement is neither paid for, nor sponsored in whole or in part by, the particular activity.

21. DISCOUNTS FOR PROMPT PAYMENT (JAN 2005)

a. Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a prompt payment discount in conjunction with the offer, offerors awarded contracts may include prompt payment discounts on individual invoices.

b. In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

22. INVOICES (JAN 2005):

a. An invoice is a written request for payment under the contract for supplies delivered or for services rendered. In order to be proper, an invoice should include (and in order to support the payment of interest penalties, must include) the following:

(1) Invoice date;

(2) Name of Contractor;

(3) Contract number (including order number, if any), contract line item number, contract description of supplies or services, quantity,…