FA4417-13-R-0018_-_Retro_Recommission.doc

Section A - Solicitation/Contract Form

BLOCK 10 CONTINUATION

-Notice to Offerors: Funds are not presently available for this project and no award will be made under this solicitation until funds are available. Bid acceptance period should be valid through 30 Sep 13. The government reserves the right to cancel this solicitation, either before or on 1 Oct 13, with no obligation to the offeror by the government. Due to sequestration as a result of the Budget Control Act of 2011 and the Consolidated and Further Continuing Appropriations Act of 2013, the government reserves the right to cancel bids.

- All offerors MUST complete the Online Representations and Certifications application (ORCA) @ www.sam.gov/. Failure to complete all required Representations and Certifications will make your proposal ineligible for award.

- ENTER CONTRACTOR DUNS NO. ____________. - ENTER CONTRACTOR CAGE CODE: ________.

PLEASE ENTER REQUIRED INFORMATION.

- EMAIL ADDRESS OF COMPANY REPRESENTATIVES:

PRIMARY: ____________________

ALTERNATE: _________________

- NO SITE VISIT WILL BE SCHEDULED FOR THIS PROJECT. Any questions or RFI’s should be submitted to Kevin Wesolowski, email kevin.wesolowski@hurlburt.af.mil and Tina Kneip, email tina.kneip@hurlburt.af.mil. Requests must be received NLT Tuesday, 23 July 2013 @ 5:00 p.m., CST.

- SUBMISSION OF QUESTIONS: Questions regarding this solicitation must be submitted in writing in Word format to Kevin Wesolowski and Tina Kneip no later than Tuesday, 23 July 2013 @ 5:00 p.m., CST.

- SUBMISSION OF PROPOSALS. Offeror’s 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 Kevin Wesolowski, Contract Specialist, Fax (850) 884-1272 and e-mail at kevin.wesolowski@hurlburt.af.mil and Tina Kneip at tina.kneip@hurlburt.af.mil. Requests must be received NLT 24 hours prior to the date and time established for receipt of proposals. You must enter the base from the main gate (Off Highway 98). Please allow extra time to obtain your pass.

- 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

Lot

NRG-Retrocommission

FFP

The contractor shall furnish all labor, materials, tools, supervision, and equipment and perform all operations necessary to accomplish all work complete and in place, as shown on drawings specified herein, or as needed to retrocommission HVAC, multiple buildings IAW drawings and specifications.

FOB: Destination

SIGNAL CODE: A

NET AMT

Lot

NRG-Retrocommission - Bid Option 1

The contractor shall furnish all labor, materials, tools, supervision, and equipment and perform all operations necessary to accomplish all work complete and in place, as shown on drawings specified herein, or as needed to retrocommission HVAC Bldg 90816 and 90021 IAW drawings and specifications.

NET AMT

Lot

NRG-Retrocommission - Bid Option 2

The contractor shall furnish all labor, materials, tools, supervision, and equipment and perform all operations necessary to accomplish all work complete and in place, as shown on drawings specified herein, or as needed to retrocommission HVAC Bldg 90802 and 90141 IAW drawings and specifications.

NET AMT

Lot

NRG-Retrocommission - Bid Option 3

The contractor shall furnish all labor, materials, tools, supervision, and equipment and perform all operations necessary to accomplish all work complete and in place, as shown on drawings specified herein, or as needed to retrocommission HVAC Bldg 90063 and 90215 IAW drawings and specifications.

NET AMT

TOTAL OF CLINS

Total of CLINs 0001, 0002, 0003 and 0004: $_____________

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

MARY MIKOS

1 SOCES/CEOS

415 INDEPENDENCE RD

HURLBURT FIELD FL 32544-5816

850-884-7972

F2F323

F2F323

F2F323

F2F323

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, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 calendar days from Notice To Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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 $191.11 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

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2013) (DEVIATION)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, File Transfer Protocol, or PayWeb.

(1) To access PayWeb, the vendor may go to the following site: https://onronline.onr.navy.mil/payweb/

(2) For instructions on PayWeb payment request submission, please contact the office identified below:

Atlanta Regional Office

Office of Naval Research (ONR)

100 Alabama St, Sst 4R15, Atlanta GA 30303-3104

Main Office (404)562-1600 Email: ONR_Atlanta@onr.navy.mil

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

CONSTRUCTION INVOICE_(Note: Invoices to be submitted only AFTER receipt of approval AF Form 3065, Contract Progress Report.

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

_ Not applicable ________________________________________________________________

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Tina.kneip@hurlburt.af.mil Kevin.wesolowski@hurlburt.af.mil

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

https://wawf.eb.mil/

(3) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

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.

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.

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.

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).

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).

HF012

POST-AWARD/PRE-PERFORMANCE CONFERENCE

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

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.

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.

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.

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.

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.

CLAUSES INCORPORATED BY FULL TEXT

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.

CLAUSES INCORPORATED BY FULL TEXT

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.

CLAUSES INCORPORATED BY FULL TEXT

HF038

BASE RECYCLE PROGRAM

The contractor shall make every attempt to reduce the generation of solid waste to the maximum extent possible. The contractor shall utilize the Base Recycling Center (884-7577) for any office paper, cardboard, plastic, or metal wastes related to a project whenever possible. A complete list of recyclable items can be procured from Base Recycling Center Manager (884-7577). All wastes, whether recycled or landfilled, shall be weighed prior to disposal and disposition information shall be reported 1 SOCES/CEA.

The Contractor shall provide on-site instruction of appropriate separation, handling, and recycling, salvage, reuse, and return methods to be used by all parties.

This task is to be accomplished in compliance with all local, state, federal and Hurlburt Field rules and instructions, including mandated recycling requirements. Any questions pertaining to Hurlburt Field’s Recycling program, contact 1 SOCES/CEAN, 884-4651.

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

52.217-7 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 90 Calendar days of Notice to Proceed. 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 (APR 2012)

(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. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(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 date specified in the contract for exercising 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/content/table-small-business-size-standards.

(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 that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause 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 238220- assigned to contract number TBD.

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

(End of clause)

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:

1st Special Operations Contracting Squadron

350 Tully Street, Bldg 90339

Hurlburt Field, Fl 32544

(End of clause)

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010)

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

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

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 component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means--

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

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

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

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) 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) Price;

(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)(3) of this clause.

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

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(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 the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) \1\

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at TerList1.html. More information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR chapter V and/or on OFAC's Web site at http://www.treas.gov/offices/enforcement/ofac/.

(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish 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. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $_3 million_, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffar1.htm (End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2 ) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title

Drawing No.

NRG-Retrocommission Systems, Multi Bldgs

FTEV 12-1082

(End of clause)

352.201-9101 OMBUDSMAN (NOV 2012)

OMBUDSMAN (APR 2010)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the Center/MAJCOM/DRU or AFISRA ombudsmen Colonel Tara L. Morrison, HQ AFSOC/A7K, 427 Cody Avenue, Suite 225, Hurlburt Field, FL 32544; Phone: (850) 884-3990, fax: (850) 884-2476. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or AFISRA level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2397, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

(End of clause)

5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODSs) (NOV 2012)

(a) Contractors shall not:

(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or

(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.

[Note: This prohibition does not apply to manufacturing.]

(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and

(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]

(c) The requiring activity has obtained SAO approval to permit the contractor to use the following Class I ODS(s):

Class I ODS/ Application or Use/Quantity (lbs.) per contract period of performance

NONE

(d) The offeror/contractor is required to notify the contracting officer if any Class I ODS that is not specifically listed above is required in the test, operation, or maintenance of any system, subsystem, item, component, or process.

(End of clause)

5352.242-9000 Contractor access to Air Force installations.

As prescribed in 5342.490-1, insert a clause substantially the same as the following clause in solicitations and contracts: Clause replaced by HF042 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS Section J - List of Documents, Exhibits and Other Attachments

ATTACHMENTS

ATCH TITLE

DATE

NR OF PAGES

1.

SPECIFICATIONS

05/31/2013

011000-1 – 230923-14

FTEV 12-1082

DRAWINGS FTEV 12-1082

VARIOUS DATES

SCHEDULE OF WAGE RATES

03/29/2013

Decision No. FL130029

PAST PERFORMANCE QUESTIONNAIRE

UNDATED

TO BE REMOVED AFTER AWARD

FINANCIAL INSTITUTION REFERENCE SHEET

UNDATED

TO BE REMOVED AFTER AWARD

AMENDMENTS: Amendments issued to this solicitation will be part of any resultant contract and will be listed at the time of award.

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY REFERENCE