B.15 FA4417-09-R-0014.doc

Section A - Solicitation/Contract Form

BLOCK 10 CONTINUATION SHEET

- ONLINE REPRESENTATIONS AND CERTIFICATIONS APPLICATION (ORCA): The offeror MUST complete ORCA @ https://orca.bpn.gov/. Failure to complete all required Representations and Certifications will make your proposal ineligible for award.

- SITE VISIT: A site visit has been scheduled for WED, 15 APRIL 09 @ 10:00AM local time at 1 SOCONS, 350 Tully St, Hurlburt Field, FL 32544. Fax or e-mail written request with the name of your company, name of representative, and RFP number NLT TUES, 14 APRIL 09 @ 12:00PM to TSgt Roberto Rodriguez-Santiago @ roberto.rodriguez-santiago@hurlburt.af.mil or fax (850) 884-1272 and Ms. Gail Speir @ gail.spier@hurlburt.af.mil . Only one (1) site visit will be held. Enter the base from the main gate (off Hwy 98) and please allow ample time to obtain pass.

- SUBMISSION OF QUESTIONS: Questions regarding this solicitation must be submitted in writing in Word format to the individuals listed above no later than close of business 5-business days after the site visit.

- SUBMISSION OF PROPOSALS: Offerors are responsible for submitting proposals so as to reach the Government office designated in the solicitation by the date/time specified. Personnel requiring access to Hurlburt Field for the purpose of delivering a proposal must fax or e-mail a written request containing the company name and the name of the person(s) requiring access to TSgt Roberto Rodriguez-Santiago, Contract Specialist, Fax (850) 884-1272 or e-mail at roberto.rodriguez-santiago@hurlburt.af.mil . Requests must be received NLT 72 hours prior to the date and time established for receipt of proposals. You must enter the base from the main gate (Off Hwy 98). Please allow extra time to obtain your pass.

- VALID ID: For either the site visit or submission of proposals, all personnel requesting access to Hurlburt Field must possess a valid State or Government picture identification card. Personnel requesting vehicle access to Hurlburt Field must provide a valid driver's license, current vehicle registration, and valid vehicle insurance certificate.

Section B - Supplies or Services and Prices

CONSTRUCT WAREHOUSE (FTEV 05-1076)

FFP

The contractor shall furnish all labor materials, tools, supervision and equipment and perform all operations necessary to accomplish all work completed in place as shown on drawings, or as needed to CONSTRUCT WAREHOUSE (FTEV 05-1076), HURLBURT FIELD, FLORIDA. Work to include erecting pre-engineered metal building, electrical, concrete, structural steel, HVAC, plumbing, lightning protection, and sprinkler system in accordance with project’s SOW and Drawings (See Section J). This project is subject to a STATUTORY COST LIMITATION of $750,000 ref DFARS 252.236-7006.

FOB: Destination

SIGNAL CODE: A

NET AMT

FFP

The contractor shall furnish all labor materials, tools, supervision and equipment and perform all operations necessary to accomplish all work completed in place as shown on drawings, or as needed to CONSTRUCT MEZZANINE (FTEV 05-1076), HURLBURT FIELD, FLORIDA. Work to include erecting pre-engineered metal building, electrical, concrete, structural steel, HVAC, plumbing, lightning protection, and sprinkler system in accordance with project’s SOW and Drawings (See Section J). This project is subject to a STATUTORY COST LIMITATION of $750,000 ref DFARS 252.236-7006.

SIGNAL CODE: A

NET AMT

AWARD

- AWARD: The Government may award CLIN 0001 only, or both CLIN 0001/0002 depending on the amount of award. If only CLIN 0001 is awarded, then CLIN 0002 will become an option to be exercised no later than 30-days after award. The price evaluation will be accomplished by combining both CLINs and evaluating the offer based on total price (see FAR Provision 52.217-5 Evaluation of Options). The entire project (total of CLINS 0001 & 0002) is subject to a STATUTORY COST LIMITATION of $750,000 ref DFARS 252.236-7006.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

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Section F - Deliveries or Performance

DELIVERY INFORMATION

HARRY SHANOR

415 INDEPENDENCE RD

HURLBURT FIELD FL 32544-5267

884-7972

F2F323

F2F323

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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 180-calendar days. The time stated for completion shall include final cleanup of the premises.

(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 $155.07 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)

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

HF004

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. The Contractor will have the option to complete a form entitled “Notification of Compliance with Contract Insurance Requirements” that will be provided by the Government at time of award, or to submit an insurance certificate before any work commences on the installation.

a. Workman’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 diseases with a minimum liability limit of $100,000.00.

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

c. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobile used in connection with the performance of the contract. At least the minimum limits of $200,000.00 per person and $500,000.00 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

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HF005

EXCLUSION OF PAYMENT FOR MATERIALS STORED ON SITE

Payment in advance of installation, for materials stored on site, will not be considered under this contract.

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HF009

DESIGNATION OF GOVERNMENT INSPECTOR

The Base Civil Engineer (or his/her authorized representative) is designated as the representative of the Contracting Officer for purpose of serving as the Government's Construction Contract Inspector (CCI). This includes performing technical surveillance, including workmanship, and ensuring compliance with the plans and specifications under this contract. This provision in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of this contract.

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HF010

PREPARATION OF MATERIAL APPROVAL SUBMITTALS

Submittals contemplated by the clause herein entitled "Material and Workmanship" shall be accomplished on and in accordance with instructions pertaining to AF Form 3000 (Material Approval Submittal).

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HF011

PREPARATION OF SCHEDULE FOR CONSTRUCTION CONTRACTS

The reports contemplated by clause entitled "Schedule for Construction Contracts" shall be accomplished on and in accordance with instructions pertaining to AF Form 3064 (Contract Progress Schedule) and AF Form 3065 (Contract Progress Report).

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HF012

POST-AWARD/PRE-PERFORMANCE CONFERENCE

A Pre-Performance Conference shall be conducted in accordance with FAR 52.236-26 (IAW FAR 36.522).

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HF015

TELEPHONE COMSEC MONITORING

All communications with DOD organizations are subject to COMSEC review. Contractor personnel will be aware that telecommunications networks are continually subject to intercept by unfriendly intelligence organizations. The DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from or terminating at DOD organizations. Therefore, civilian contractor personnel are advised that any time they place a call to or receive a call from a military organization, they are subject to COMSEC procedures. The contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with official DOD information.

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HF016

AVAILABILITY OF UTILITIES SERVICES

Notwithstanding provisions of Contract Clause, FAR 52.236-14, "AVAILABILITY AND USE OF UTILITY SERVICES," reasonable required amounts of water, gas, electricity, etc., essential to contract performance, will be made available at no cost to the contractor from existing systems, outlets, and supplies. Temporary connections, outlets, and distribution lines as required shall be installed by the contractor at his own expense.

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HF017

VEHICLE OPERATION AND REGISTRATION

The prime contractor is responsible for all employees or sub-contracting employees performing duties on the Air Force installation cited in the contract. The contractor shall obtain base identification and a vehicle pass for all contractor personnel who make frequent visits to or perform work while on the Air Force installation cited in the contract. Upon receipt of award, the contractor will be provided a letter signed by the Contracting Officer to be taken to the Pass and Registration section to obtain a visitor pass.

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HF018

HOURS OF WORK

Normal hours of work on Hurlburt Field are 7:00 AM to 4:00 PM (CST), Monday through Friday, excluding holidays. Access to work sites is restricted to these hours and days unless otherwise approved by the Contracting Officer three (3) workdays in advance.

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HF019

INSTALLATION RULES AND REGULATIONS

Rules and regulations of Hurlburt Field apply to all contractors and their employees. Regulations include, but are not limited to, presenting valid picture identification for base entrance, obtaining and using vehicle passes for all contractor-owned and/or privately owned vehicles, obeying all posted directives, and strictly adhering to security police direction where security police have been dispatched to a particular location.

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HF020

HURRICANE SEASON

Hurricane season for the state of Florida is normally the period from 1 June through 30 November. During an actual hurricane condition, you may be contacted by this office and requested to secure equipment and clean up your work area. In accordance with contracts clauses FAR 52.236-9 and FAR 52.236-12, you are required to maintain your work area free of debris and in a safe and secure condition at the completion of each workday, with particular care during the hurricane season.

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HF029

WORK BY THE GOVERNMENT OR OTHERS

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

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HF037 WIDE AREA WORK FLOW DODAAC AND EMAIL DISTRIBUTION TABLE

DFARS 252.232-7003 Electronic Submission of Payment Requests applies to this contract.

USE OF WAWF IS MANDATORY – Requests for payment shall be processed electronically via the Wide Area Work Flow (WAWF) system. There are no charges or fees to use WAWF. If you are not currently registered with WAWF, contact the WAWF Help Desk at 1-866-618-5988 or 1-801-605-7095. Web Based Training is located at http://www.wawftraining.com/ and a live training database is located at https://wawftraining.eb.mil/. For specific questions, contact your administrator listed on the front of this contract.

Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Limestone at 1-800-390-5620 or faxed to 1-866-392-7091. You must have your contract number and invoice number ready when inquiring about payment status. Payment information can also be accessed at the DFAS web site: http://www.dfas.mil.

The following codes will be required to route your invoices and emails through WAWF.

CAGE CODE:

ISSUE DODAAC:

FA4417

ADMIN DODAAC:

FA4417

INSPECT BY DODAAC:

F2F332

CONTRACTING OFFICER/SERVICE ACCEPTOR:

F2F332

SHIP-TO CODE:

F2F323

PAY DODAAC:

F67100

FSC CODE:

EMAIL POINT OF CONTACT LISTING: (Send emails to the following personnel):

INSPECTOR ACCEPTOR:

CONTRACT ADMINISTRATOR:

roberto.rodriguez-santiago@hurlburt.af.mil

CONTRACTING OFFICER:

william.sahli@hurlburt.af.mil

ADDITIONAL CONTACTS:

TYPE OF INVOICE: Recommend using the type of invoice indicated with "X" below:

__ Invoice as 2-in-1 (Recommended for Services)

__ Invoice and Receiving Report (Combo) (Recommended for Supplies)

X Construction (NOTE: Invoices to be submitted only AFTER receipt of approved AF Form 3065, Contract Progress Report)

HF038

BASE RECYCLE PROGRAM

The contractor shall support and comply with all requirements of the Hurlburt Field Qualified Recycling Program (QRP). The following instruction outlines procedures for the collection and handling of applicable recyclable materials:

Hurlburt Field Instruction (HFI) 32-7002 “Qualified Recycling Program” dated 1 May 2002 – contact 1SOCES/CEV, 884-7964 for current copy

PROCESSING APPROVAL AND REPORTING USAGE OF HAZARDOUS MATERIALS ON HURLBURT FIELD

Contractor shall comply with ALL rules and regulations for processing/using hazardous materials on Hurlburt Field, FL. The following regulations are applicable:

Air Force Instruction (AFI) 32-7086 “Hazardous Materials Management” dated 1 Nov 2004

Download at: http://www.e-publishing.af.mil/pubfiles/af/32/afi32-7086/afi32-7086.pdf

HF042 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (JUN 08)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) Contractors will be required to complete the following forms (to be provided at the pre-performance conference) in order for employees to gain access to the installation:

(1) Contractor Employee Listing

(2) Hurlburt Field Contractor Access Badge Affidavit (CAB)

(3) Department of Homeland Security Form I-9 (DHS I-9)

(i) The Contractor Employee List. This form must list every employee requiring access. Every time employees change, it must be updated to reflect additions and/or deletions. Identify those individuals you wish to have escort authority by including the word “escort” next to their names. Limit the number of individuals designated as escorts to a reasonable number (i.e. one or two). For work locations please use building numbers or areas (i.e. Bldg 90618 or Red Horse, AMMO Area, etc.). Once completed, email the list to the Contracting Office representative in EXCEL or WORD format. The Contracting Officer will then prepare and attach a cover letter, and forward the Employee List to the Visitor Control Center.

(ii) Upon notification that your employee list has been forwarded to the Visitor Control Center, the other two forms (DHS I-9 & CAB) must be completed and hand carried to the Visitor Control Center by the employee. If everything is in order, they will receive a contractor badge. If an employee will be driving on Hurlburt Field they are required to provide a valid driver’s license, vehicle registration, and proof of insurance. NOTE: The section of the Visitor Control Center administrating this function is closed after 1400 (2:00 p.m.), therefore, employees must arrive prior to this time in order for their documentation to be processed.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management, citing the appropriate paragraphs as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

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

(End of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (MAR 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

(End of clause)

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52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT-REPORTING REQUIREMENTS (MAR 2009)

(a) Definitions. As used in this clause—

Contract, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

First-tier subcontract means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

Jobs created means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Jobs retained means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Total compensation means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) ( FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6). Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government's on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(l) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(End of clause)

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52.215-2 AUDIT AND RECORDS--NEGOTIATION (MAR 2009)

(a) As used in this clause, "records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them, engaged in performing the contract.

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor's records, including computations and projections, related to--

(1) The proposal for the contract, subcontract, or modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the contract, subcontract, or modification; or

(4) Performance of the contract, subcontract or modification.

(d) Comptroller General. (1) The Comptroller General of the United States, or an authorized representative, shall have access to and the right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract or a subcontract hereunder and to interview any current employee regarding such transactions.

(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating (1) the effectiveness of the Contractor's policies and procedures to produce data compatible with the objectives of these reports and (2) the data reported.

(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition--

(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.

(g) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract that exceed the simplified acquisition threshold, and--

(1) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any combination of these;

(2) For which cost or pricing data are required; or

(3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this clause.

The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

(End of clause)

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52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30-days of award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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 236220- assigned to contract number FA4417-09-R-0014.

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

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)

(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 content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to 1 SOCONS, 350 TULLY STREET, HURLBURT FIELD, FL 32544-5810.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials (MAR 2009)

(a) Definitions. As used in this clause—

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.

Domestic construction material means—

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States.

Foreign construction material means a construction material other than a domestic construction material.

Manufactured construction material means any construction material that is not unmanufactured construction material.

Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

Unmanufactured construction material means raw material brought to the construction site for incorporation into the building or work that has not been—

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

(b) Domestic preference.

(1) This clause implements—

(i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and

(ii) The Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for unmanufactured domestic construction material.

(2) The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraph (b)(3) and (b)(4) of this clause.

(3) This requirement does not apply to the construction material or components listed by the Government as follows:

(Contracting Officer to list applicable excepted materials or indicate “none”)

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable.

(A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the cost of the contract by more than 25 percent;

(B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or

(iii) The application of the restriction of section 1605 of the Recovery Act or the Buy American Act to a particular construction material would be inconsistent with the public interest.

(c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(4) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this clause.

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to section 1605 of the Recovery Act or the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate…