DRAFT BAFB-AAFB SABER Solicitation

SABER

FA4416-08-R-0010

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 sub-CLINs 0001AA through 0001AF as described within the table below (See page 5 of 68 and Notes). Coefficients provided for sub-CLINs 0001AA through 0001AF 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 sub-CLIN 0001AA through 0001AF 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 sub-CLIN 0001AE 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 sub-CLINS 0001AA through 0001AD 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 sub-CLIN 0001AF 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 sub-CLINS 0001AA through 0001AD 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 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 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 $350,000.00. 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 27 Mar 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. 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 $2000 to $500,000. The following is pertinent historical information on the SABER contract at Bolling AFB, DC.

HISTORICAL DATA FOR EVALUATION OF BIDS – 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 BIDS – 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 BIDS – 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 ($350,000.00). 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.

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 a fully operational field office 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 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 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.

H-7 PRE-PROPOSAL CONFERENCE

A pre-proposal conference will be conducted approximately 10 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 RSVP Lt Nathanial Franz at nathanial.franz@us.af.mil NLT than 5 days after issuance of this solicitation. In the event that RSVPs cannot be emailed, please fax them 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 speen 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

SECTION I Contract Clauses

CLAUSES INCORPORATED BY REFERENCE:

CLAUSES INCORPORATED BY FULL TEXT:

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the CONTRACTING OFFICER and shall not be binding until so approved.

(End of clause)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the time specified within each Delivery Order. The time stated for completion shall include the 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. On 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. 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)

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 30 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 30 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 60 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)

52.219-17 SECTION 8(a) AWARD (DEC 1996)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements and advance payments, delegates to the 316th Contracting Squadron the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the 316th Contracting Squadron Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.

The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the 316th Contracting Squadron.

(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 ____________ [insert name of contracting agency] 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)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUNE 2007)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (JUL 2005)

(a) Overtime requirements. No Contractor or subcontractor employing laborers or mechanics (see Federal Acquisition Regulation 22.300) shall require or permit them to work over 40 hours in any workweek unless they are paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours.

(b) Violation; liability for unpaid wages; liquidated damages. The responsible Contractor and subcontractor are liable for unpaid wages if they violate the terms in paragraph (a) of this clause. In addition, the Contractor and subcontractor are liable for liquidated damages payable to the Government. The Contracting Officer will assess liquidated damages at the rate of $10 per affected employee for each calendar day on which the employer required or permitted the employee to work in excess of the standard workweek of 40 hours without paying overtime wages required by the Contract Work Hours and Safety Standards Act.

(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer will withhold from payments due under the contract sufficient funds required to satisfy any Contractor or subcontractor liabilities for unpaid wages and liquidated damages. If amounts withheld under the contract are insufficient to satisfy Contractor or subcontractor liabilities, the Contracting Officer will withhold payments from other Federal or Federally assisted contracts held by the same Contractor that are subject to the Contract Work Hours and Safety Standards Act.

(d) Payrolls and basic records.

(1) The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and mechanics working on the contract during the contract and shall make them available to the Government until 3 years after contract completion. The records shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records need not duplicate those required for construction work by Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Davis-Bacon Act.

(2) The Contractor and its subcontractors shall allow authorized representatives of the Contracting Officer or the Department of Labor to inspect, copy, or transcribe records maintained under paragraph (d)(1) of this clause. The Contractor or subcontractor also shall allow authorized representatives of the Contracting Officer or Department of Labor to interview employees in the workplace during working hours.

(e) Subcontracts. The Contractor shall insert the provisions set forth in paragraphs (a) through (d) of this clause in subcontracts that may require or involve the employment of laborers and mechanics and require subcontractors to include these provisions in any such lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs (a) through (d) of this clause.

(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…