BAFB-AAFB SABER Solicitation

SECTION B Supplies or Services and Prices

Each

BASE YEAR

FFP - SABER BASE YEAR (Contract period shall be from date of award through one year period thereafter). Definitive beginning and ending dates will be established on the award document. The contractor shall perform all SABER requirements in accordance with the contract and individual delivery orders issued against the contract. COEFFICIENTS: Offeror shall insert proposed coefficient rates for CLINs as described within the table below (See page 5 of 55 and Notes). Coefficients provided for CLINs shall remain constant and in effect for the life of the contract (Base Year plus Four Option Years).

MAX NET AMT

OPTION YEAR ONE

FFP - SABER, OPTION YEAR ONE (Contract period shall be one (1) year period from the last day of the previous contract period). Definitive beginning and ending dates will be established on the award document. The contractor shall perform all SABER requirements in accordance with the contract and individual delivery orders issued against the contract.

MAX NET AMT

OPTION YEAR TWO

FFP - SABER, OPTION YEAR TWO (Contract period shall be one (1) year period from the last day of the previous contract period). Definitive beginning and ending dates will be established in the award document. The contractor shall perform all SABER requirements in accordance with the contract and individual delivery orders issued against the contract.

MAX NET AMT

OPTION YEAR THREE

FFP - SABER, OPTION YEAR THREE (Contract period shall be one (1) year period from the last day of the previous contract period). Definitive beginning and ending dates will be established on the award document. The contractor shall perform all SABER requirements in accordance with the contract and individual delivery orders issued against the contract.

MAX NET AMT

OPTION YEAR FOUR

FFP - SABER, OPTION YEAR FOUR (Contract period shall be one (1) year period from the last day of the previous contract period). Definitive beginning and ending dates will be established on the award document. The contractor shall perform all SABER requirements in accordance with the contract and individual delivery orders issued against the contract.

MAX NET AMT

PART 1 – SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COST

The contractor shall perform any and all functions in accordance with the contract and specifications herein, and as called out in the contract per the scope specified in individual delivery orders issued against this contract. The unit prices shall be as specified in the unit price database provided by the R.S. MEANS, bare costs and Washington DC Cost City Index current as of the date of the base contract period, multiplied times the applicable coefficients entered below. The following forms the basis of Section B, Schedule of Prices and the Contract Line Item Number (CLIN) structure:

NOTES:

1.0 In order to be considered for award, each offeror must submit coefficients for each CLIN identified above. The government uses these multipliers to determine the price of work for each individual delivery order. The prices established in the R.S. MEANS database bare costs (which means no markup for overhead and profit column, will be multiplied by the City Cost Index for Washington DC and the coefficient to arrive at the actual total price for a unit of work. The coefficients shall be represented as “net”, a “decrease from” or an “increase to” the prices listed in the R.S. MEANS. An offer of “net” would be represented as “1.0”. An example of a decrease from the prices in R.S. MEANS would be “0.98”. An example of an increase above the prices listed in the R.S. MEANS would be “1.10”. Proposed coefficients rates shall not extend greater than the third decimal place.

2.0. If the government directs a work schedule during non-standard hours (see Specs. Para 1.3.2), then the coefficient entered for CLIN 0001AE – 4001AE shall be applied against those items of work which will be performed during the nonstandard hours. The price for the remaining items of work is calculated using the coefficients entered for CLINS 0001AA-4001AA through 0001AD-4001AD as applicable based on the estimated bare cost of the project (with the RS Means Washington DC Cost City Index applied). The term “nonstandard working hours” is not to be interpreted as “overtime”.

3.0. If the government directs a work schedule in a secure area (see Specs. Para. 1.3.3), then the coefficient entered for CLIN 0001AF-4001AF shall be applied against those items of work which will be performed in a secure area. The price for the remaining items of work is calculated using the coefficients entered for CLINS 0001AA-4001AA through 0001AD-4001AD as applicable based on the estimated bare cost of the project (with the RS Means Washington DC Cost City Index applied). All work performed in secure areas will be subject to CLIN 0001AF-4001AF regardless of whether the work is during standard on non-standard hours. There will be no additional adjustments allowed for non-standard hours when CLIN 0001AF-4001AF is applied.

4.0. Offered coefficients must contain all allowable indirect contractor costs not covered by RS Means Pre-Priced costs, including but not limited to contingencies, overhead, general and administrative expenses, bonding costs and profit. Additional examples of such costs are: gross receipts taxes and payroll taxes, such as FICA, workmen’s compensation, state and federal unemployment taxes for direct payroll employees, superintendents’ salaries, builders’ risk insurance, initial contract startup mobilization and demobilization expenses, individual project mobilization and demobilization expenses and any and all bond premiums. Coefficients shall also include various overhead expenses, including project estimating, project engineering, site office overhead, field office building, furniture, equipment, on-site office staff salaries, vehicle and construction equipment maintenance, office administrative expenses, grounds keeping in and around the field office site and a proportional share of home office overhead. The coefficient shall also include all insurance, special clothing for workers, traffic barricades, flag persons, daily and final cleanup, additional supervision, delivery of materials/equipment, paperwork fees associated with a particular delivery order and any other field overhead costs attributable to the contract requirements identified within the contract and/or specifications.

5.0. No changes to the coefficient will be permitted for option periods. The R.S. MEANS updates their database yearly. This update shall provide the only economic price adjustment under the contract.

6.0. Coefficient is defined as a numerical factor that compensates the contractor for any and all costs (generally indirect costs) and profit not included in the R.S. Means database.

CLAUSES AND PROVISIONS

B-1 The minimum quantity of work required under this contract during the basic period which will be initiated by one or more delivery orders will not be less than $150,000.00. The maximum dollar value of the contract shall not exceed $90,000,000.00 (for the life of the contract).

B-2 Notices to Proceed (NTP) will be issued after award of individual delivery orders written against the contract.

SECTION C Descriptions and Specifications

C-1 CLAUSES AND PROVISIONS

Clauses and provisions from the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS) or AF FAR Supplement (AFFARS) are hereby incorporated by reference with the same force and effect as though herein set forth in full. The date of each clause shall be the current date set forth in the FAR, DFARS or AFFAR, on the issuance date of this order or contract (e.g. orders or contracts for services instead of supplies) are self-deleting. The complete text of any clause incorporated herein by reference may be obtained from http://farsite.hill.af.mil/.

C-2 Specifications dated 5 May 2008, are attached at Section J.

SECTION E Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE:

SECTION F Deliveries or Performance

DELIVERY INFORMATION

SABER CECZ

370 BROOKLEY AVE BLDG 370, 1ST FLOOR

BOLLING AFB DC 20032

and/or

316 CES/CEC – F1D326

3710 FETCHET AVENUE

ANDREWS AFB MD 20743

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE:

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed (NTP), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the time specified within each Delivery Order. The time stated for completion shall include final cleanup of the premises. Specific performance periods will be negotiated and specified within each project delivery order issued against the contract. Unless the Contracting Officer determines otherwise, the NTP shall be considered effective the date the contractor receives a properly executed Delivery Order. Projects deemed emergencies by the Government; the Contracting Officer may issue an oral confirming order prior to the issuance of a written Delivery Order. In these instances, the NTP shall be the date the contractor is provided a Delivery Order number and verbal direction to proceed by the Contracting Officer, with written confirmation to follow within 72 hours thereafter.

(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 specified on each individual delivery order (range between $276.00 and $319.00 per day). Each request for proposal for an individual SABER delivery order will identify whether liquidated damages apply, and if applicable, the amount will be identified.

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

(End of clause)

SECTION G Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE:

G-500

INVOICING AND PAYMENT PROCEDURES

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

As prescribed in 232.7004, use the following clause:

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)

(a) Definitions. As used in this clause—

(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—

(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment; or

(4) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System).

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(End of clause)

G-501

CONTRACT ADMINISTRATION

In no event shall any understanding or agreement, contract modification, change order or other matter in deviation from the terms of this contract between the contractor and a person other than the Contracting Officer be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by the Contracting Officer.

G-502

ACCOUNTING AND APPROPRIATION DATA

Funds, including funds for the contract minimum, will be obligated on individual delivery orders, not on the contract itself.

SECTION H Special Contract Requirements

H-1 PROJECT DISTRIBUTION:

It is estimated that the maximum dollar amount of this contract will be distributed approximately as follows:

The above information is provided for estimating and planning purposes only. This information does not obligate the Government to meet this workload distribution in any way. Actual distribution of projects may vary from the above.

H-2 DELIVERY ORDER HISTORICAL DATA:

Construction projects under this contract will generally range from $2,000 to $500,000. The following is pertinent historical information on the SABER contract at Bolling AFB, DC.

HISTORICAL DATA FOR EVALUATION OF PROPOSALS – BOLLING AFB

AVERGE PERCENTAGE OF

DESCRIPTION

PROJECTS PERFORMED

BASE PERIOD (2003) – 16 Projects

· Project costs between $2000 - $99,999.99

69% during standard working hours

· Project costs between $100,000 - $299,999.99 25%

· Project costs between $300,000 - $499,999.99 0% during standard working hours

· Project costs greater than $500,000.00

6%

· Work during non-standard working hours

· Work performed in secure areas

OPTION 1 (2004) – 22 Projects

· Project costs between $2000 - $99,999.99

59%

9% during standard working hours

· Project costs greater than $500,000.00

23%

OPTION 2 (2005) – 21 Projects

· Project costs between $2000 - $99,999.99

38%

29%

19% during standard working hours

· Project costs greater than $500,000.00

14%

OPTION 3 (2006) – 22 Projects

· Project costs between $2000 - $99,999.99

41%

32%

18% during standard working hours

· Project costs greater than $500,000.00

OPTION 4 (2007) – 18 Projects

· Project costs between $2000 - $99,999.99

56%

33%

11% during standard working hours

· Project costs greater than $500,000.00

MEAN AVERAGE OF ALL YEARS – 99 Projects

· Project costs between $2000 - $99,999.99

52%

25%

12% during standard working hours

· Project costs greater than $500,000.00

HISTORICAL DATA FOR EVALUATION OF PROPOSAL – ANDREWS AFB

AVERGE PERCENTAGE OF

DESCRIPTION

PROJECTS PERFORMED

BASE PERIOD (2003) – 30 Projects

· Project costs between $2000 - $99,999.99

50%

20%

13% during standard working hours

· Project costs greater than $500,000.00

17%

OPTION 1 (2004) – 18 Projects

· Project costs between $2000 - $99,999.99

6% during standard working hours

· Project costs greater than $500,000.00

28%

OPTION 2 (2005) – 38 Projects

· Project costs between $2000 - $99,999.99

32%

5% during standard working hours

· Project costs greater than $500,000.00

OPTION 3 (2006) – 44 Projects

· Project costs between $2000 - $99,999.99

41%

34% during standard working hours

· Project costs greater than $500,000.00

OPTION 4 (2007) – 30 Projects

· Project costs between $2000 - $99,999.99

33%

20% during standard working hours

· Project costs greater than $500,000.00

MEAN AVERAGE OF ALL YEARS – 160 Projects

· Project costs between $2000 - $99,999.99

44%

26% during standard working hours

· Project costs greater than $500,000.00

HISTORICAL DATA FOR EVALUATION OF PROPOSALS – ANDREWS AFB/BOLLING AFB COMBINED

MEAN AVERAGE OF ALL YEARS – 259 Projects

· Project costs between $2000 - $99,999.99

48%

25.5%

12.5% during standard working hours

· Project costs greater than $500,000.00

The above information is historical data only and does not necessarily represent future volume under this contract.

H-3 STATUTORY COST LIMITATIONS:

Some delivery orders may be subject to a statutory cost limitation. In those instances the following provision, DFARS 252.236-7006 “Cost Limitation (Jan 1997)” shall apply and it shall be referenced in those delivery orders.

H-4 BONDS:

a. The initial bond amount is based upon the contract minimum ($150,000.00). When the value of delivery orders in progress exceeds the existing bonding, the contracting officer may require additional bond protection by directing the contractor to increase the penal amount of the existing bond, or to obtain additional bonds. Although the amount of the initial bond is based on the minimum dollar amount, bond premium costs should be included in the coefficients as an indirect cost based on the estimated annual contract amount of $18M, not just the bonding requirements imposed for the minimum amount at award. In accordance with FAR 52.232-5, the government will reimburse the contractor for bond premiums upon request if the contractor provides evidence of full payment of such premiums to the surety. Payment for such premiums will be treated the same as all other progress payments made under delivery orders. Payments for bond premiums, at any time during contract performance, are not additional costs under the contract.

b. BID BOND: A proposal/bid bond is not required with the proposal. However, a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States will be required in the amount of 20 percent of the contract minimum or $40,000; whichever is less.

c. PERFORMANCE AND PAYMENT BONDS: The contractor shall submit a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25-A) with good and sufficient surety or sureties to the Government. The penal sum of such bonds will be as follows:

· PERFORMANCE BONDS: The penal amount of the performance bond shall equal one hundred percent (100%) of the contract minimum.

· PAYMENT BONDS: The penal amount of the performance bond shall equal one hundred percent (100%) of the contract minimum.

· Contractor selected for contract award must have the capability to obtain Performance and Payments bonds at the aggregate value of $18M in the event that an active workload of such value exists.

Required performance and payment bonds will be furnished by the contractor to the Government prior to commencement of contract performance. Performance and payment bonds, in the amounts stated above, will also be required for any options exercised.

H-5 CONTRACT PHASE-IN/PHASE-OUT:

a. The contractor shall commence any mobilization and familiarization activities prior to actual work on individual delivery orders as soon after contract award as practicable. However, within 15 calendar days after contract award, the contractor shall mobilize the necessary personnel and equipment to estimate and negotiate requirements. The contractor shall have fully operational field offices with all required facilities, staff and automated data processing (ADP) capabilities within 30 calendar days after contract award.

b. Contractor must vacate government furnished office space and storage areas on the last day of the contract period. Premises must be returned in the same condition in which they were received or as agreed to by the contracting officer. All ongoing delivery orders must be completed from an approved field office or off-base location.

H-6 DAVIS-BACON WAGE RATE(s) APPLICATION

a. This contract is an indefinite-delivery, indefinite-quantity (IDIQ) requirement and contains options to extend the term of the contract. The specific sites of performance for the various delivery orders that may be issued are unknown. The wage determination issued under the Davis-Bacon Act by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, current at time of award or at the exercise of each option to extend the term of the contract, shall be incorporated into the contract in full text and, as applicable, by reference into each delivery order issued during each performance period. They shall be effective for the complete period of performance of those delivery orders without further revision.

b. Each offeror is provided an opportunity to propose separate prices/coefficients for the basic and each option period. Additionally at the beginning of each option period, a new Unit Pre-Priced Database (i.e. the Means Facilities Composite Database) with current year pricing will be incorporated and used to price individual projects in conformance with the terms and conditions specified herein. Therefore, no further adjustment to contract pricing will be permitted to cover any increase or decrease in wages and benefits as a result of:

(1) Incorporation of the wage determination(s) applicable at the exercise of the option to extend the term of the contract.

(2) Incorporation of a wage determination(s) otherwise applied to the contract by operation of law; or

(3) An increase in wages and benefits resulting from any other requirement applicable to workers subject to the Davis-Bacon Act.

H-7 PRE-PROPOSAL CONFERENCE

A pre-proposal conference will be conducted approximately 6 days after issuance of this solicitation. A familiarization tour of Bolling AFB and Andrews AFB; as well as a site visit for the demonstration project will follow the pre-proposal conference. Prospective offerors interested in attending should contact Lt Nathaniel Franz at nathaniel.franz@us.af.mil NLT than 5 days after issuance of this solicitation in order to RSVP. In the event that email cannot be utilized, please fax the RSVP to 301-981-1907.

H-8 CONSTRUCTION EQUIPMENT

All equipment to be used on Andrews AFB and/or Bolling AFB shall be safe and in good operating condition. The contracting officer reserves the right to inspect any on base equipment and reject the use of such equipment if he/she considers it unsafe, in poor operating condition, or inappropriate for work. Any equipment rejected due to operating condition will be removed from Andrews AFB and/or Bolling AFB immediately and any resulting costs will be the responsibility of the contractor.

H-9 CONTRACTOR RESPONSIBILITY

Contractors operating on Andrews AFB and/or Bolling AFB will be responsible for briefing and ensuring the employees adhere to the traffic rules and regulations. The Project Manager (PM) and/or any other personnel providing workman leadership will ensure all workers comply with these rules and regulations. Speed limits on base are posted and must be complied with. Security Forces personnel utilize speed detection devices to monitor speed and citations carrying monetary fines will be issued to violators. Personnel who park in areas other than those designated for parking will be cited. Individuals are to obey all entry procedures; all instructions given by Security Forces personnel at the entry points (gates) shall be complied with immediately.

H-10 HOLIDAYS

The following Federal legal holidays are observed by this base:

· New Year’s Day

· Martin Luther King’s Birthday

· President’s Day

· Memorial Day

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving Day

· Christmas Day

H-11 INSURANCE

The following insurance will be required IAW FAR 28-307-2:

Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

General liability:

- The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

- Property damage liability insurance shall be required only in special circumstances as determined by the agency.

Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H-12 PERSONNEL SECURITY REQUIREMENTS - AFI 31-501 (1 Aug 2000) The contractor shall not employ any person for work on this contract if such employee is identified as a potential threat to the health, safety, security, general well being or operational mission of the installation and its population, nor shall the contractor employ any person under this contract who has an outstanding criminal warrant as identified by the National Crime Information Center (NCIC). NCIC checks will verify if a person is wanted by local, state, and federal agencies. All contractor personnel must consent to NCIC background checks. Contractor personnel who do not consent to an NCIC check will be denied access to the installation. Information required to conduct an NCIC check includes: full name, driver's license number/state issued/expiration date, social security number, and date of birth of the person entering the installation and shall be submitted in conjunction with the contractor's request for vehicle passes. Completion of a successful NCIC check does not invalidate the requirement for an escort when contractor personnel are working within controlled or restricted areas.

Contractors shall ensure their employees and those of their subcontractors have the proper credentials allowing them to work in the United States. Persons later found to be undocumented or illegal aliens will be remanded to the proper authorities.

The contractor shall not be entitled to any compensation for delays or expenses associated with complying with the provisions of this clause. Furthermore, nothing in this clause shall excuse the contractor from proceeding with the contract as required. The contractor shall flow this clause down to all subcontracts.

H-13 Joint Basing / Defense Base Closure and Realignment (BRAC) Commission

It must be noted that Andrews AFB may be affected by the Joint-Basing Initiative / BRAC with the possibility for an increase in requirements to be performed on AAFB. Also, Bolling AFB may be affected by the Joint-Basing Initiative / BRAC with the possibility that the period of performance may be shorter than expected. In the event that Bolling AFB’s performance period is shorter than expected, the remaining performance may be required at Andrews AFB and therefore, removal of the management office at Bolling AFB and relocation of personnel from Bolling AFB to Andrews AFB may be necessary. Complete information regarding BRAC can be located at http://www.brac.gov/.

SECTION I Contract Clauses

CLAUSES INCORPORATED BY REFERENCE:

CLAUSES INCORPORATED BY FULL TEXT:

52.216-18 – ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through completion of basic plus all option years; to include any authorized extensions.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

52.216-19 – ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor –

(1) Any order for a single item in excess of $5,000,000.00;

(2) Any order for a combination of items in excess of $5,000,000.00; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause) 52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the completion date of this contract or the last active delivery order.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days prior to the contract expiration date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years, six (6) months.

(End of clause)

52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN 2003)--ALTERNATE I (APR 2005)

a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer –

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(3) The offeror’s approved business plan is on the file and serviced by SBA Washington Metropolitan Area District Office.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)

(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply in connection with construction or service contracts.

(2) The ____________ [insert name of SBA’s contractor] will notify the 316th Contracting Squadron Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(End of Clause) 52.222-30 DAVIS-BACON ACT--PRICE ADJUSTMENT (NONE OR SEPARATELY SPECIFIED METHOD) (DEC 2001)

(a) The wage determination issued under the Davis-Bacon Act by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, that is effective for an option to extend the term of the contract, will apply to that option period.

(b) The Contracting Officer will make no adjustment in contract price, other than provided for elsewhere in this contract, to cover any increases or decreases in wages and benefits as a result of—

(1) Incorporation of the Department of Labor's wage determination applicable at the exercise of the option to extend the term of the contract;

(2) Incorporation of a wage determination otherwise applied to the contract by operation of law; or

(3) An increase in wages and benefits resulting from any other requirement applicable to workers subject to the Davis-Bacon Act.

(End of Clause) 52.223-9 Estimate of Percentage of Recovered Material Content For EPA Designated Products (Aug 2000)

(a) Definitions. As used in this clause-

"Postconsumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material."

"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall-

(1) Estimate the percentage of the total recovered material used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to 316th Contracting Squadron Contracting Officer.

(End of clause)

Alternate I (August 2000). As prescribed in 23.406(b), redesignate paragraph (b) of the basic clause as paragraph (c) and add the following paragraph (b) to the basic clause:

(b) The Contractor shall execute the following certification required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(i)(2)(C)):

Certification

I, ______ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated products met the applicable contract specifications.

[Signature of the Officer or Employee] [Typed Name of the Officer or Employee] [Title] [Name of Company, Firm, or Organization] [Date] (End of certification)

(End of clause)

52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

(a) Definition. Ozone-depleting substance, as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

“WARNING: Contains (or manufactured with, if applicable), a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.”----------------------------

The Contractor shall insert the name of the substance(s).

(End of clause)

52.225-9 Buy American Act-Construction Materials (JAN 2005)

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

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

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

“Cost of components” means--

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the…