FA4418-12-B-0001.pdf

F1M3E22152A002

Construction of Storage Area Security Fence

Description of Work: The contractor shall provide all labor, supervision, tools, equipment, disposal, and transportation as required to perform installation of fencing, personnel and vehicle gates (IAW) site layout and plans for RED HORSE lay-dow n yard at JB Charleston, SC.

This is issued as a 100% Total Small Business Set-aside using sealed bidding procedures

Project Magnitude: Less then $25,000. NAICS code: 238990, Size Standard: $14M

The Notice to Proceed w ill be issued w ithin 10 days of aw ard.

Please forw ard any questions or concerns to: damon.ellison.2@us.af.mil

X

MATTHEW MEIER 843-963-5856

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

25-Jul-2012

(RFP)

(IFB)

CALL:

Storage Area Security Fence

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________30 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________01 Aug 2012 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______30 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

628 CONTRACTING SQUADRON

101 E HILL BLVD, B503

JOINT BASE CHARLESTON SC 29404 5021

FA4418

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

DKFX 12-1035

8. ADDRESS OFFER TO (If Other Than Item 7)

(843) 963-5880FAX:TEL: (843) 963-5155 TEL: FAX:

FA4418-12-B-0001 39

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

FA4418-12-B-0001

Section A - Solicitation/Contract Form

SECTION A

SPECIAL INFORMATION AND INSTRUCTIONS TO ALL INTERESTED CONTRACTORS:

IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO ENSURE THEY CHECK THE FBO.GOV

WEB SITE FOR ANY AMENDMENTS TO THE SOLICITATION. YOU ARE ENCOURAGED TO REGISTER

ON THE FBO.GOV WEB SITE TO RECEIVE NOTIFICATION OF CHANGES TO THE SOLICITATION.

FAILURE TO ACKNOWLEDGE AMENDMENTS MAY RENDER YOUR PROPOSAL NONRESPONSIVE.

1. The following items represent the “Offer”, or bid 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. Hazardous Materials information and quantities (reference FAR 52.223-3)

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

2. 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.

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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum Base Bid

FFP

Install Storage Area Securtiy Fence (approximate 690 linear feet) All work as required by drawings and specifications for Project DKFX 12-1035, STORAGE AREA SECURITY FENCE.

FOB: Destination

PURCHASE REQUEST NUMBER: F1M3E22152A002

SIGNAL CODE: A

NET AMT

0002 Lump Sum OPTION Bid Option 1

FFP

Install Storage Area Securtiy Fence (approximate 283 linear feet) All work as required by Lay-Out Plan and Statement of Work for Project DKFX

12-1035, STORAGE AREA SECURITY FENCE.

FOB: Destination

0003 Lump Sum OPTION Bid Option 2

FFP

Install Storage Area Securtiy Fence (approximate 520 linear feet) All work as required by Lay-Out Plan and Statement of Work for Project DKFX

12-1035, STORAGE AREA SECURITY FENCE.

Section C - Descriptions and Specifications

DESCRIPTIONS & SPECIFICATIONS

ITEM DESCRIPTION DATE

01 Statement of Work 6/28/2012 02 Lay-Out Plan 6/15/2012

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 13-AUG-2012 TO

12-SEP-2012

N/A 628 CES/CECC

TODD MARTIN

101 N DAVIS DR

B323

JOINT BASE CHARLESTON SC 29404 4805

843-963-4986

F1M3E2

0002 POP 13-AUG-2012 TO

12-SEP-2012

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 13-AUG-2012 TO

12-SEP-2012

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.247-34 F.O.B. Destination NOV 1991

Section H - Special Contract Requirements

SECTION H

H-001 BUSINESS LICENSE TAX - 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 Cities of North Charleston, South Carolina and/or Goose Creek South Carolina imposes a business license tax on all contract work within the cities of North Charleston, South Carolina and/or Goose Creek South Carolina.

The cities interpret this to include contractors performing work for the United States government within the limits of North Charleston and/or Goose Creek. Joint Base Charleston – Air Base is included within the City of North Charleston, South Carolina and Joint Base Charleston – Weapons Station is included within the city limits of Goose Creek. The cost of the license is proportional to the dollar amount of work being executed. Information for the North Charleston City Tax may be obtained by calling 843-554-5700 extension 484, or 485, and for the Goose Creek City Tax by calling 843-797-6220.

H-002 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-003 JOINT BASE CHARLESTON 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-004 JOINT BASE CHARLESTON SC REQUIREMENT TO COORDINATE

HAZARDOUS WASTE DISPOSAL THROUGH 628 CES/CEV

Disposal of all hazardous waste is to be coordinated through 628 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 Joint Base Charleston 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-005 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-006 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-007 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-008 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-009 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-010 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-011 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 628 SFS/SFA Form 74, “Application for Personnel to Work under Department of Defense Contract at Joint Base Charleston”, 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. TThhee ccoonnttrraaccttoorr sshhaallll nnoott bbee eennttiittlleedd ttoo aannyy ccoommppeennssaattiioonn ffoorr ddeellaayyss oorr eexxppeennsseess aassssoocciiaatteedd wwiitthh ccoommppllyyiinngg wwiitthh tthhee pprroovviissiioonnss ooff tthhiiss pprroovviissiioonn.. FFuurrtthheerrmmoorree,, nnootthhiinngg iinn tthhiiss pprroovviissiioonn sshhaallll eexxccuussee tthhee ccoonnttrraaccttoorr ffrroomm pprroocceeeeddiinngg wwiitthh tthhee ccoonnttrraacctt aass rreeqquuiirreedd..

Badges - Contractors and subcontractors shall submit the completed and approved SFA Form 74, “Application for Personnel to Work Under Department of Defense Contract at Joint Base Charleston” 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.

Contractors must maintain a system that tracks the disposition of the badges so that a complete inventory is maintained throughout the contract period and the government can identify badges that are not turned in to Security.

The contractor shall ultimately be responsible for ensuring that all contractor/vendor badges/DIDS cards issued are returned to the main VCC or SFS/J5X after completion of the contract or when an employee is terminated. If the employee is terminated, the contract security office shall be notifed immediately. At the conclusion of work for the prime contractor and any subcontractor, all badges will be turned in to the entry control center.

VVeehhiiccllee SSeeaarrcchh -- All vehicles are subject to random search and inspection at any time while on JB Charleston. All commercial vehicles shall be inspected at JB Charleston Commercial Vehicle Inspection Station prior to entering the station. Commercial vehicles include tractor-trailer trucks, bucket trucks, panel trucks, pickup trucks, vans and other smaller vehicles used in the Contractors course of business.

Contractor Registration of Vehicles on Joint Base Charleston - 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, 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 Joint Base Charleston.

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.

CCoonnttrraaccttoorrss WWoorrkkiinngg iinn CCoonnttrroolllleedd oorr RReessttrriicctteedd AArreeaass -- 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 - 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 Joint Base Charleston, the government may direct the contractor to leave the controlled or restricted areas at any given time.

H-012 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-013 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.

Joint Base Charleston is 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 on a government installation, 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 whose employees work more than 1000 hours per quarter on a government installation must identify the process and procedures the contractor will use to track compliance with the Safety and Health Plan, and the process and procedures that will be used to correct violations.

Contractors will submit their safety and health plan and corresponding site safety checklist to the contracting officer 10 days after contract award. The contractor’s plan shall include appropriate measures to ensure the contractor reacts promptly to investigate, correct and track alleged safety and health violations and/or uncontrolled hazards in contractor work areas. The plan shall:

-Demonstrate a management commitment to employee safety and health -Identify the application of the safety and health plan to subcontractors -Identify applicable safety rules and regulations -Include a worksite hazard analysis to include base-line hazard identification and required control measures -Identify employee safety and health training requirements and the documentation process -Include a workplace inspection frequency, to include identifying the individual conducting the inspections -Include employee hazard reporting procedures -Identify individual(s) responsible for corrective action for hazards -Identify first aid/injury procedures -Identify procedures for accident investigation and reporting -Identify emergency response procedures -Identify the process for tracking controlled hazards in contractor work areas

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).

Contractors are responsible for establishing these requirements for all subcontractors who qualify as applicable contractors under the resulting contract.

H-014 OPTION TO PURCHASE ADDITIONAL REQUIREMENTS / BID

ALTERNATES (CLINS 0002)

Subjects to the availability of funds, the Government reserves the right to purchase the items identified as Bid Options (CLIN 0002 & CLIN 0003) at the prices stated in the schedule.

(End Section H)

Section I - Contract Clauses

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

MAY 2012

52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-6 Davis Bacon Act JUL 2005 52.222-7 Withholding of Funds FEB 1988 52.222-8 Payrolls and Basic Records JUN 2010 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) JUL 2005 52.222-12 Contract Termination-Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.222-34 Project Labor Agreement MAY 2010 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to

Iran--Certification.

NOV 2011

52.227-1 Authorization and Consent DEC 2007 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-23 Assignment Of Claims JAN 1986 52.232-25 Prompt Payment OCT 2008 52.232-27 Prompt Payment for Construction Contracts OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-17 Layout of Work APR 1984 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984

52.244-6 Subcontracts for Commercial Items DEC 2010 52.249-1 Alt I Termination for Convenience of the Government (Fixed-price) (Short Form) (Apr 1984) - Alternate I

APR 1984

52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Export-Controlled Items APR 2010 252.223-7008 Prohibition of Hexavalent Chromium MAY 2011 252.225-7002 Qualifying Country Sources As Subcontractors JUN 2012 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.247-7023 Alt III Transportation of Supplies by Sea (May 2002) Alternate III MAY 2002

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

(End of clause)

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 - assigned to contract number .

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

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

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 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.

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

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 (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JUN 2012)

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, or File Transfer Protocol.

(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).

(Contracting Officer: Insert applicable document type(s). Note: If a ``Combo'' document type is identified but not supportable by…