FA4417-14-R-0011 _SABER_Solicitation.doc

Section A - Solicitation/Contract Form

BLOCK 10 CONTINUATION

BLOCK 10 CONTINUATION

-Funding will be provided by the customer before execution of any task order on this IDIQ contract. The guaranteed minimum for the life of the contract is $50,000.00. This minimum guaranteed amount will be fullfilled by issuance of the first task order, which will be executed in conjunction with the award of the basic contract. The maximum amount for the life of the contract shall not exceed $25,000,000.00.

-Period of Performance: One (1) base year and four (4) option years to be exercised at the discretion of the Government Disclosure of Magnitude: The estimated amount for this project is between $10,000,000 to $25,000,000.

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

- A SITE VISIT HAS BEEN SCHEDULED FOR 12 May 2014, 10:30 AM (CST) AT THE 1ST SPECIAL OPERATIONS CONTRACTING SQUADRON, 350 TULLY ST, BLDG 90339, HURLBURT FIELD FL, 32544. FAX OR EMAIL WRITTEN REQUEST WITH THE NAME OF THOSE WHO WILL ATTEND THE SITE VISIT TO ERIK KASTMILER and ROMEO REYES, FAX (850) 884-1272, EMAIL ROMEO. REYES.1 @US.AF.MIL AND ERIK.KASTMILER.1@US.AF.MIL REQUESTS MUST BE RECEIVED NLT 10:00 AM (CST), 09 May 14. YOU MUST ENTER THE BASE FROM THE MAIN GATE (OFF HWY 98). PLEASE ALLOW EXTRA TIME TO OBTAIN YOUR PASS.

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

- SUBMISSION OF PROPOSALS: Offeror’s are responsible for submitting proposal 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 name of person(s) requiring access to Erik Kastmiler and Romeo Reyes, FAX (850) 884-2041 and E-mail at erik.kastmiler.1@us.af.mil and romeo.reyes.1@us.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 drivers license, current vehicle registration, and valid vehicle insurance certificate.

Section B - Supplies or Services and Prices

Base Year

FFP

The contractor shall furnish all plant, labor, materials, and equipment to perform operations in connection with the Simplified Acquisition of Base Engineering Requirements, Hurlburt Field, FL, in accordance with the attached Technical Specifications and Statement of Work. Period of Performance starts the Date of Award til 30 Jun 2015.

FOB: Destination

SIGNAL CODE: A

NET AMT

Lot

FFP

The contractor shall furnish all plant, labor, materials, and equipment to perform operations in connection with the Simplified Acquisition of Base Engineering Requirements, Hurlburt Field, FL, in accordance with the attached Technical Specifications and Statement of Work. Period of Performance is 365 calendar days.

NET AMT

Lot

FFP

The contractor shall furnish all plant, labor, materials, and equipment to perform operations in connection with the Simplified Acquisition of Base Engineering Requirements, Hurlburt Field, FL, in accordance with the attached Technical Specifications and Statement of Work. Period of Performance is 365 calendar days.

NET AMT

Lot

FFP

The contractor shall furnish all plant, labor, materials, and equipment to perform operations in connection with the Simplified Acquisition of Base Engineering Requirements, Hurlburt Field, FL, in accordance with the attached Technical Specifications and Statement of Work. Period of Performance is 365 calendar days.

NET AMT

Lot

FFP

The contractor shall furnish all plant, labor, materials, and equipment to perform operations in connection with the Simplified Acquisition of Base Engineering Requirements, Hurlburt Field, FL, in accordance with the attached Technical Specifications and Statement of Work. Period of Performance is 365 calendar days.

NET AMT

BID SCHEDULE

(Coefficients are to be carried to no more than two decimal places.)

Contract Coefficient

Notes

1. Average volume is based on a maximum contract value of $25M over 5 years ($5M per year), and will be used for evaluation purposes only. The offeror should not consider this figure as any indication of proposed contract usage, nor base the proposed coefficient rates on any expectation that such levels of award will be made by the Government.

2. This amount is based on the adjusted annual amount for each category listed times the proposed coefficient provided by the offeror. As in Note 1 above, this amount is for evaluation purposes only and does not reflect any anticipated volume of dollars to be awarded under the resulting contract.

3. Submit three coefficients, one for standard working hours, one for nonstandard working hours, and one for concentrated work. A Coefficient is the Contractor’s pricing factor which is multiplied against the standard unit prices in calculating task order (TO) prices. It is proposed by offerors as a percentage increase (e.g., 1.10) or decrease (e.g., 0.95) to the current edition of the Unit Price Guide (UPG). They include all cost elements not included in the current UPG (e.g., overhead, profit, G & A expenses, bond premiums, gross receipts taxes, quality control, clean-up, subcontractor mark-up, labor burden, mobilization/demobilization, permits and licenses, taxes, depreciation, as-built drawings, submittals, site security, cost for design, equipment rental, insurance for employees, portable toilets, traffic barricades, flag-persons, additional supervision, and paperwork fees associated with a particular TO, etc.).

4. If the government directs a work schedule during nonstandard working hours or under concentrated work conditions, the coefficient entered for the AB or AC CLIN will be applied. The term “Nonstandard Working Hours” or “Concentrated Work” is not to be interpreted as “overtime.” The contractor may be allowed to work during the nonstandard hours at his request when approved by the contracting officer and coordinated with the SABER project manager. The government will not pay for nonstandard hours in these instances.

5. The Contracting Officer shall, concurrent with exercise of any annual option, incorporate the current applicable Davis Bacon Wage Decision, which shall become effective on the first day of the option period and shall remain effective for the entire option period. The contractor shall compensate all covered employees at not less than the rates specified on the Wage Decision applicable to the current option period; however, no contract price adjustment to the coefficient will be made relative to incorporation of any Wage Decision.

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

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 each task order 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 what is specified in individual task orders. 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 (LD) to the Government in the minimum amount of $191.11 for each calendar day of delay until the work is completed or accepted. The blanket amount of $191.11 is subject to all task orders performed under this SABER IDIQ contract. If a task order includes phasing, the governmnt reserves the right to assess LDs for each phasing period. In addition to the blanket LD rate, if it is determined a delay to a specific task order will have additional undue mission impact; a specific LD amount will be identified in the task order. Specific amount will be based upon the impact a delay will have on the mission and will be provided to the contractor at the RFP stage.

(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.

CLAUSES INCORPORATED BY FULL TEXT

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.

CLAUSES INCORPORATED BY FULL TEXT

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.

CLAUSES INCORPORATED BY FULL TEXT

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).

CLAUSES INCORPORATED BY FULL TEXT

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).

CLAUSES INCORPORATED BY FULL TEXT

HF012

POST-AWARD/PRE-PERFORMANCE CONFERENCE

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

CLAUSES INCORPORATED BY FULL TEXT

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.

CLAUSES INCORPORATED BY FULL TEXT

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.

CLAUSES INCORPORATED BY FULL TEXT

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.

CLAUSES INCORPORATED BY FULL TEXT

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.

CLAUSES INCORPORATED BY FULL TEXT

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

HF028

MINIMUM/MAXIMUM CONTRACT VALUE

The guaranteed minimum quantity of work which will be required under this contract including options and which will be initiated by one or more task orders will not be less than $ 50,000.00 for each contract awarded as a result of this solicitation and will be met during the basic contract period. The maximum dollar value of all contracts awarded as a result of this solicitation shall not exceed $ 25,000,000.00 over the life of the contracts (basic contract period plus any options that may be exercised).

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)

CLAUSES INCORPORATED BY FULL TEXT

HF046

Payment and Performance Bond Security on Task Orders

In addition to the clause at FAR 52.228-15, the offeror shall be required to provide bonding in the form of payment and performance protection on all task orders issued under this IDIQ regardless of dollar amount. The penal amount of the Performance Bond (Standard Form 25) and Payment Bond (Standard Form 25-A) shall be 100 percent of the task order amount. The Government may require additional performance and payment bond protection if the task order price is increased, which is generally equal to 100 percent of the increased price.

End of Clause

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through 30 June 2019.

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

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

(End of clause)

52.216-19 Order Limitations. (OCT 1995)

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

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

(1) Any order for a single item in excess of $750,000.00;

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

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

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

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

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

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

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

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

(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: provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar 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 60 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 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 1 SOCONS 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 1 SOCONS .

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 .

(b) By submission of its offer, the Offeror certifies 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 to construction or service contracts.

(2) The ( insert name of SBA's contractor)_ _______________________________ will notify the 1 SOCONS 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 (JULY 2013)

(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 representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, 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 SAM, or does not have a representation in SAM 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 .

(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 1 SOCONS/LGCB

350 Tully Street, Building 90339

Hurlburt Field, FL 32544

(End of clause)

52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

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

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

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

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

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

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

(End of clause)

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (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:

(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…