Solicitation.doc

Section A - Solicitation/Contract Form

SPECIAL INSTRUCTIONS

SPECIAL INFORMATION AND INSTRUCTIONS TO ALL INTERESTED CONTRACTORS:

IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO ENSURE THEY CHECK THE EPS.GOV WEB SITE FOR ANY AMENDMENTS TO THE SOLICITATION. YOU ARE ENCOURAGED TO REGISTER ON THE EPS.GOV WEB SITE TO RECEIVE NOTIFICATION OF CHANGES TO THE SOLICITATION. FAILURE TO ACKNOWLEDGE AMENDMENTS MAY RENDER YOUR PROPOSAL NONRESPONSIVE.

1. The government is required to conduct Performance Evaluations of Contractors (DD2626) on completed projects exceeding $100,000. These evaluations are used in past performance evaluations conducted on your future proposals. One of the evaluation elements listed on the DD2626 is the “Effectiveness of Management”, including “Coordination and Control of Subcontractor(s)”. The performance evaluation form also lists subcontractors used and evaluates their work. It is imperative that all offerors verify the present and past performance on all subcontractors. A subcontractor with a poor performance can adversely affect your performance evaluation and possibly prevent you from receiving future contracts with the government.

2. The following items represent the “Offer”, or proposal package, that should be returned in response to this solicitation (See Section L & M of the solicitation):

a.

SF 1442, Solicitation, Offer, and Award b.

The Schedule, Section B

c. Complete the necessary fill-ins and certifications in Sections I through K. Section K shall be returned in its entirety. For Section I, the offeror shall submit only those pages that require a fill-in.

d.

Sub-contracting Plan (if required) e.

Past Performance Information f.

Hazardous Materials information and quantities (reference FAR 52.223-3) g.

SF 30, Amendment of Solicitation/Modification of Contract (applicable if amendments are not acknowledged on page 2 (reverse) of SF 1442)

3. PRE-PROPOSAL CONFERENCE/SITE VISIT:

a. A pre-proposal conference and site visit will not be held for this solicitation. Offerors are advised to submit any questions regarding the solicitation, in writing, no later than 04 August 2008 at 4:30 p.m. local time.

4. ENVIRONMENTAL COMPLIANCE: Offerors are reminded of the environmental requirements contained in the solicitation to comply with all applicable federal, state and local environmental statutes and regulations. In addition to the scrutiny of civil environmental regulatory and enforcement agencies, environmental compliance incidental to Air Force activities or on Air Force property is subject to Air Force scrutiny. The Air Force routinely investigates environmental violations and cooperates fully with civil authorities to secure remedies and discourage future violations. Failure to comply with environmental statutes and regulations can subject the contractor to criminal and civil penalties and/or contractual sanctions including, but not limited to, termination, suspension, and debarment, and adverse past performance assessment.

5. FUTURE WORK INVOLVING NAVAL WEAPONS STATION CHARLESTON, SOUTH CAROLINA: A new Joint Base consisting of Charleston AFB and Naval Weapons Station (NWS) Charleston will be formed in the next 1-3 years. The NWS is located approximately 10 miles from Charleston AFB. Under Joint Basing, Charleston AFB will be handling some contracting work for the NWS. The government retains the right to add NWS to this contract. If the decision is made to add the NWS, a separate price schedule will be negotiated at that time.

CLAUSES AND PROVISIONS

(a) Clauses and provisions from the Federal Acquisition Regulations (FAR) and supplements thereto are incorporated in the document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

(b) Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order.

(c) Sections K. L and M will be physically removed from any resultant award but will be deemed to be incorporated by reference, in that award.

(End Section A)

Section B - Supplies or Services and Prices

ASPHALT PRICE ESCALATION

1. The asphalt pricing for the Pavements IDIQ will be adjusted using the asphalt index on the South Carolina Department of Transportation website at the following address: http://www.scdot.org/doing/monthlyindexes.asp. Line items subject to adjustment are indicated in the Pricing Schedule (Attachment 1). The index is updated on a monthly basis. The index will be referenced as a baseline upon the award of the contract; however for the award of the contract, pricing per line item will still be provided. After the award, the cost of the asphalt will be adjusted upon the award of each delivery order against the contract. This will protect both the contractor and the government if future pricing differs greatly.

2. The pricing will be adjusted when the index changes (increase or decrease) by 5%. Prices will be adjusted in 5% increments. For example, if the price of asphalt increases by 14% from the contract award to award of a delivery order, the price will be increased by 10% for that delivery order. If the price of asphalt increases by 4%, there will not be any price adjustment. If the cost of the asphalt decreases by 12% compared to the baseline determined at award, then the awarded asphalt pricing will be decreased by 10% for that delivery order.

3. As an example, if the baseline determined at the contract award is $500 and at the award of the first delivery order, the cost is $475 (5% decrease) according to the SCDOT website, then the asphalt line item price the contractor submitted as his bid would be decreased by 5%. If at the time of the second delivery order, the cost went down to $440, then the line item price would be adjusted by 10%, even though the price decreased by 12%.

4. Once the pricing had been determined for that delivery order, it will not be adjusted throughout the completion of the delivery order. Pricing will not be adjusted again until the award of a new delivery order.

Paving Maintenance - Base Year

FFP

Perform and provide all services, equipment and personnel needed to accomplish the work in strict accordance with the specifications and drawings for each project number at various locations on Charleston AFB, SC

FOB: Destination

SIGNAL CODE: A

NET AMT

Paving Maintenance - 1st Option Year

Perform and provide all services, equipment and personnel needed to accomplish the work in strict accordance with the specifications and drawings for each project number at various locations on Charleston AFB, SC

NET AMT

Paving Maintenance - 2nd Option Year

Perform and provide all services, equipment and personnel needed to accomplish the work in strict accordance with the specifications and drawings for each project number at various locations on Charleston AFB, SC

NET AMT

Paving Maintenance - 3rd Option Year

Perform and provide all services, equipment and personnel needed to accomplish the work in strict accordance with the specifications and drawings for each project number at various locations on Charleston AFB, SC

NET AMT

Paving Maintenance - 4th Option Year

Perform and provide all services, equipment and personnel needed to accomplish the work in strict accordance with the specifications and drawings for each project number at various locations on Charleston AFB, SC

NET AMT

Section C - Descriptions and Specifications

SPECIFICATIONS

ITEM NO.

SPECIFICATONS AND STANDARDS

Date

South Carolina Department of Transportation Standard

Specifications for Highway Construction (Note: See http://www.scdot.org/doing/StandardSpecifications/pdfs/2007_full_specbook.pdf)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

22-SEP-2009

100 W STEWART AVE, B661

CHARLESTON AFB SC 29404 4827

FQ4418

22-SEP-2010

FQ4418

22-SEP-2011

FQ4418

22-SEP-2012

FQ4418

22-SEP-2013

FQ4418

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 each delivery order, the Contractor shall pay liquidated damages to the Government in the amount of $210 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

SPECIAL CONTRACT REQUIREMENTS

SECTION H

H-001 PERFORMANCE AND PAYMENT BOND REQUIREMENTS

(IAW FAR 28.101-2 and FAR 28.102-3) The contractor shall submit a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25-A) with good and sufficient surety and sureties to the Government within 15 days of award. The penal sum of such bonds will be as follows:

a.

PERFORMANCE BOND: The penal sum of the performance bonds shall equal one hundred percent (100%) of the contract minumum value of $50,000 or 100% of the total of all active delivery orders.

b.

PAYMENT BOND: The penal sum of the performance bonds shall equal one hundred percent (100%) of the contract minumum value of $50,000 or 100% of the total of all active delivery orders.

H-002 BUSINESS LICENSE TAX - NORTH CHARLESTON, SOUTH CAROLINA

In accordance with Contract Clause entitled, "Federal, State and Local Taxes" dated APR 2003/FAR 52.229-3 incorporated by reference, be advised that the City of North Charleston, South Carolina, imposes a business license tax on all commercial entities doing business in North Charleston. The city interprets this to include contractors performing work for the United States government within the limits of North Charleston. Charleston Air Force Base is included within the City of North Charleston, South Carolina. The cost of the license is based on the dollar amount of work performed. Actual rates for this business license tax may be obtained by calling the City of North Charleston, South Carolina at Area Code (843) 740-2632.

H-003 PKI CERTIFICATE FOR PAST PERFORMANCE EVALUATION

Past Performance Evaluations are required on all completed DoD construction contracts. These evaluations are used in past performance evaluations conducted on your future proposals. The evaluations are placed in a computer database called Construction Contractor Appraisal Support System (CCASS). This system requires the contractor to include their comments in their evaluation. In order to access the system, it is required that you obtain a PKI (Public Key Infrastructure) certificate. A PKI certificate is software which is purchased from an approved commercial vendor and installed on your computer. Approved vendors are listed at http://www.cpars.csd.disa.mil/pki_info.htm under the heading “Approved ECA Vendors”. You will be required to purchase an “Identity Certificate” to access the CCASS system or the Past Performance Information Report System (PPIRS), which will contain all past performance evaluations for your firm for any DoD contracts. The average cost for a PKI certificate is about $100 - $120 per certificate, per year.

H-004 PREPARATION OF SCHEDULES 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.

H-005 DAMAGE TO BASE COMMUNICATION CABLES, PIPES, UTILITY SERVICE WIRES AND OTHER GOVERNMENT PROPERTY Any digging or excavating on Government property shall be accomplished with the authority of a Digging Permit. The contractor must follow the provisions of the Digging Permit before any digging or excavating may be authorized. Requests for marking areas to dig must be made 72 hours prior to digging. If any communication cables, pipes, utility service wires or other Government property is damaged by the contractor by unauthorized digging or excavating, the contractor shall be responsible for the repairs and any incidental and consequential damages, and the contractor shall provide, where applicable, an estimate and plan for making the repairs to the Contracting Officer and Communication Squadron Focal Point at 963-35ll within four (4) hours. If the contractor fails to respond within this time frame, the Government may repair the damage and deduct all costs associated with the repair of the damage from the contract price. Repairs of Government-owned communications cable will be in accordance with AFTO 3lW3-l0-l3 standards. A copy of these standards can be obtained from the Contracting Office. The contractor will coordinate with the Contracting Officer on material and downtime prior to beginning any work. All work will undergo a final inspection by the Contracting Officer and a representative of the Communications Squadron before acceptance. In accordance with Air Force Regulation ll2-l Chapter l3 (Claims in Favor of the Government), a copy of the invoice for repairs shall be submitted to the Contracting Officer for administrative purposes.

H-006 CHARLESTON AFB SC REQUIREMENT TO IDENTIFY HAZARDOUS MATERIALS DURING PROPOSAL AND BEFORE NOTICE TO PROCEED In accordance with FAR 52.223-3 (Section I), all hazardous materials and quantities to be used during this project will be identified as part of the contractor’s proposal.

After contract award, the contractor will provide material safety data sheets (MSDS) to the contracting officer as a submittal for approval before the Notice to Proceed is issued.

Upon contract completion, the contractor will provide the contracting officer with the quantities of hazardous materials used during contract performance.

The prime contractor is responsible to ensure all sub-contractors employed during the contract comply with these requirements.

H-007 CHARLESTON AFB SC REQUIREMENT TO COORDINATE HAZARDOUS WASTE DISPOSAL THROUGH 437 CES/CEV

Disposal of all hazardous waste is to be coordinated through 437 CES/CEV, Tommy Hardin at (843) 963-4977. The contractor will provide copies, for approval by CEV, of permits for transporters and treatment, storage, disposal facilities the contractor intends to use, or as an alternative, the contractor will utilize only those transporters/facilities listed on the Charleston AFB SC list of approved transporters/facilities. The contractor will provide all testing/analysis data and waste profiles to CEV for review and signature, SC Authorization Request Forms (when applicable) to CEV for review and signature, and the contractor shall coordinate with CEV to have authorized CEV personnel sign the hazardous waste manifest for shipment of hazardous wastes.

H-008 CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS

The contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility environmental management system (EMS) applicable for your contract. The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the agency, organizational, or facility EMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the EMS Site Coordinator. In addition, the Contractor shall ensure that their employees are aware of the rules and responsibilities identified by the environmental management system and how these requirements affect their work performed under this contract.

All on-site contractor personnel shall complete yearly EPA sponsored environmental training specified for the type of work conducted on-site. Upon contract award, the Contracting Officer’s Representative will notify the facility-level Environmental Management Coordinator to arrange EMS training for appropriate staff.

H-009 UTILITY SERVICES

Utility services furnished to the contractor by the Government from the Government's existing system outlets and supplies will be at no cost to the contractor (FAR 52.236-14, Availability and Use of Utility Services). Utility service hookups required for a job site trailer will be the responsibility of the contractor. The contractor shall be responsible for all costs associated with connection and disconnect of utility services.

H-010 REQUIRED INSURANCE (IAW FAR 28.306 (b))

Reference FAR clause 52.228-5 entitled “Insurance…” the Contractor shall, as its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

a. Workman’s Compensation and Employers Liability Insurance as required by law except that it 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 Workman’s Compensation Insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.

b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

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

H-011 GOVERNMENT FURNISHED MAPPING, CHARTING, AND GEODESY PROPERTY (IAW DFAR 252.245-7000)

When mapping, charting, and geodesy property is furnished as part of the contract specifications and plans, the contractor will comply with the following requirements.

a. The Contractor shall not duplicate, copy, or otherwise reproduce mapping, charting, and geodesy property for purposes other than those necessary for the performance of the contract.

b. At the completion of performance of the contract, the Contractor, as directed by the Contracting Officer, shall either destroy or return to the Government all Government furnished mapping, charting, and geodesy property not consumed in the performance of this contract.

H-012 ONLINE REPRESENTATIONS AND CERTIFICATIONS APPLICATION (ORCA), (IAW FAR 52.204-8)

Effective January 2005, there is a requirement for Annual Representations and Certifications. See FAR 52.204-8 (Section K). This clause requires all contractors to be registered in CCR (52.204-7) and also to complete the "Online Representations and Certifications Application (ORCA)" as noted in 52.204-8. ORCA is part of the Business Partner Network (BPN) and is located at http://orca.bpn.gov. These online certifications eliminate the requirement to submit all the Representations and Certifications in Section K of this solicitation. The only requirement in Section K is to fill in any clauses noted that are not part of the ORCA clauses.

H-013 PREPARATION OF MATERIAL APPROVAL SUBMITTAL

The submittals contemplated by the clause herein entitled "FAR 52.236-5, Material and Workmanship," in Section I shall be accomplished on and in accordance with instruction pertaining to AF Form 3000, “Material Approval Submittal.” Contractor shall submit the AF Form 3000 to allow sufficient time for Government review and approval (21 calendar days), ordering, and delivery prior to scheduled installation. Contractor shall be responsible for any delays resulting from late submissions of the AF Form 3000 or submittals disapproved due to non-compliance with contract requirements.

H-014 PAYMENT FOR MATERIALS STORED ON SITE

(a) This provision implements, but does not replace, FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, with regard to material payments.

(b) Consideration for payment under this contract for materials stored on site is subject to the following conditions:

(1) The contractor shall furnish the contracting officer a list of the major high-cost items to be incorporated into the contract and for which payment, prior to installation, will be requested. Those items approved by the contracting officer will be entered on the AF Form 3064, Contract Progress Schedule, as a percentage factor, or factors if items are listed individually.

(2) Payment is limited to major high-cost items. A major high-cost item is defined as a single item of material with a unit price of $250.00. Such costs as sales tax, freight, handling, pallets, etc., are excluded.

(3) Payment request shall be consistent with approved material submittals and shall be supported by the following documents:

(i) Certified paid vendor invoices.

(ii) Inventory checklists, jointly validated by the contractor, contract administrator, and/or construction inspector.

(iii) Accepted delivery tickets, if applicable.

(4) All material for which payment is requested shall be delivered to an approved secure location on-site, and certified that none will be removed without written permission of the contracting officer. Materials may also be stored in a bonded warehouse.

(5) Payments will be made monthly, or at more frequent intervals as determined by the contracting officer.

H-015 CONTRACTOR CONSENT TO BACKGROUND CHECKS

The contractor and, as applicable, subcontractor shall not employ persons for work on this contract if such employee is identified as a potential threat to the health, safety, security, general well being or operational mission of the installation and its population, nor shall the contractor or subcontractor employ persons under this contract who have an outstanding criminal warrant, are currently on probation or parole, or are on the state/national Sex Offender Register as identified by south Carolina Law Enforcement Division (SLED)/National Crime Information Center (NCIC). All contractor and subcontractor personnel must consent to NCIC criminal history background checks. Contractor and subcontractor personnel who do not consent to an NCIC check will be denied access to the installation. Information required to conduct an NCIC check includes: full name, driver’s license number, social security number, date of birth of the person entering the installation. The contractor shall provide this information using the 437 SFS/SFA Form 74, “Application for Personnel to Work under Department of Defense Contract at Charleston AFB”, and shall submit it in conjunction with the contractor’s request for either base or vehicle passes. Completion of a successful NCIC check does not invalidate the requirement for an escort when contractor or subcontractor personnel are working within controlled or restricted areas. Contractors shall ensure their employees and those of their subcontracts have the proper credentials allowing them to work in the United States. Persons later found to be undocumented or illegal aliens will be remanded to the proper authorities. The contractor shall not be entitled to any compensation for delays or expenses associated with complying with the provisions of this provision. Furthermore, nothing in this provision shall excuse the contractor from proceeding with the contract as required.

Badges - Contractors and subcontractors shall submit the completed and approved SFA Form 74, “Application for Personnel to Work Under Department of Defense Contract at Charleston AFB” prior to planning to work. Upon completion of the background check, the employee will report to the installation entry control center, with a photo identification issued by a Federal/State activity, for receipt of a badge with a designation of the area of the base he will be allowed access. Badges will be worn in a visible manner to government personnel at all times. At the conclusion of work for the prime contractor and any subcontractor, all badges will be turned in to the entry control center.

Contractor Registration of Vehicles on Charleston AFB - All contractor or contractor employees’ vehicles used for the performance of this contract shall comply with all local, state and federal regulations. To register a privately owned/commercial vehicle and obtain a vehicle pass/decal, contractor personnel shall provide a valid driver’s license, current vehicle registration, and valid vehicle insurance certificate. Additionally, any pass shall be surrendered to Security Forces upon demand to positively identify a person’s need to be on Charleston AFB.

Access to Installation During Force Protection Conditions (FPCONs) -

Contractors will be assigned a mission essential designation IAW requirements contained in CAFBI 31-101, Installation Security Instruction. Only the installation commander or the unit commander requesting contract support will assign the mission essential designation.

Contractors Working in Controlled or Restricted Areas - The unit requesting contract support will provide escort (s) for contractors’ at all times when within a controlled area. Contractors shall not escort other contractor employees within controlled or restricted areas. In addition, contractors shall fulfill, maintain, and comply with all security requirements IAW AFI 31-101, The Air Force Installation Security Program, and command/local directives.

Contractors Responsibilities while Working within Controlled or Restricted Areas - Only contractor personnel with proper authority and qualifications shall enter a controlled or restricted area. Certain facilities require the issuance of an AF Form 1199 or AF Form 1199CD. The government, at any time, may revoke the AF Form 1199. The procedures for the issuance of an AF Form 1199CD are contained in CAFBI 31-101, Installation Security Instruction. Contractors shall not escort other contractor employees within controlled or restricted areas. In addition, contractors shall fulfill, maintain, and comply with all security requirements contained in CAFBI 31-101, Installation Security Instruction.

Access To Government Facilities with Controlled or Restricted Areas -tc "5.1.2. Access to Government Facilities"The contractor shall comply with security regulations imposed by the installation commander and/or the agency responsible for the project location. Due to specific mission requirements inherent in the nature of controlled or restricted areas on Charleston AFB, the government may direct the contractor to leave the controlled or restricted areas at any given time.

H-016 FORCE PROTECTION CONDITIONS

Force Protection Conditions (FPCON) are implemented on the base to increase protective measures in anticipation of, or in response to, the threat of terrorist attack. The DoD FPCON consists of five progressive levels of increasing protective measures. The circumstances that apply and the purposes of each protective posture are as follows:

· FPCON NORMAL: Applies when a general global threat of possible terrorist activity exists and warrants a routine security posture. At a minimum, access control will be conducted at all DoD installations and facilities.

· FPCON ALPHA: Applies when there is an increased general threat of possible terrorist activity against personnel or facilities, and the nature and extent of the threat are unpredictable. ALPHA measures must be capable of being maintained indefinitely.

· FPCON BRAVO: Applies when an increased or more predictable threat of terrorist activity exists. Sustaining BRAVO measures for a prolonged period may affect operational capability and military-civil relationships with local authorities.

· FPCON CHARLIE: Applies when an incident occurs or intelligence is received indicating some form of terrorist action or targeting against personnel or facilities is likely.

Prolonged implementation of CHARLIE measures may create hardship and affect the activities of the unit and its personnel.

· FPCON DELTA: Applies in the immediate area where a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location or person is imminent. This FPCON is usually declared as a localized condition. FPCON DELTA measures are not intended to be sustained for an extended duration.

H-017 SAFETY AND HEALTH STANDARDS

The contractor shall initiate and maintain programs to comply with the provisions of the Occupational Safety and Health Standards Act concerning entry requirements in confined spaces, handling potential hazardous substances, and overall worker safety.

Charleston AFB and Charleston NWS (becoming Joint Base Charleston) are in the process of pursuing VPP recognition or have been recognized under the OSHA Voluntary Protection Program (VPP). VPP impacts all contractors operating on Air Force and Navy Installations and it is the contractor’s responsibility to ensure they have a comprehensive understanding of VPP. Detailed information on VPP is available on the OSHA website. Contractors, whether regularly involved in routine site operations or engaged in temporary projects such as construction or repair, must follow the safety and health rules of the site.

Contractors, whose employees work more than 1000 hours per quarter, are required to provide their OSHA 300 information and TCIR/DART rates by 15 January each year to the contracting officer for submission as part of the installation’s annual VPP self evaluation report.

Contractors will submit their safety and health plan and corresponding site safety checklist to the contracting officer 10 days after contract award. The safety office will assist the contracting officer to ensure that the contractor’s safety and health plan includes all required elements. It is the contractor’s sole responsibility for compliance with the Occupational Safety and Health Act (OSHA) (Public Law 91-596)

(End Section H)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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 calandar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the date specified on each delivery order. The time stated for completion shall include final cleanup of the premises.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through one year.

(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)

CLAUSES INCORPORATED BY FULL TEXT

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 $10,000, 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 $1,000,000;

(2) Any order for a combination of items in excess of $1,000,000; or

(3) A series of orders from the same ordering office within 90 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 3 business 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 end of the contract period or applicable option period, except for completion of any delivery orders in progress.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.219-3 NOTICE OF TOTAL HUBZONE SET-ASIDE (JAN 1999)

(a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) General. (1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns shall not be considered.

(2) Any award resulting from this solicitation will be made to a HUBZone small business concern.

(c) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for--

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns.

(d) A HUBZone joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (c) of this clause will be performed by the HUBZone small business participant or participants.

(e) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

(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

437th Contracting Squadron/LGCB

101 E. Hill Blvd

Charleston AFB, SC 29404-5021

(End of clause)

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (JAN 2005)

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

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

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

Cost of components means--

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

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

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

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. 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 the construction material 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…