Solicitation.rtf

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FA4427-08-R-0105

Section B - Supplies or Services and Prices

PART I-THE SCHEDULE

SCHEDULE B - BASIC YEAR (16 SEP 08 - 15 SEP 09)

SUPPLIES OR SERVICES AND PRICES/COSTS

REMOVE AND INSTALL ALL MATERIALS, AND PROVIDE ALL EQUIPMENT, PLANT AND LABOR NECESSARY TO COMPLETE THE PROJECT IN STRICT ACCORDANCE WITH THE CONTRACT SPECIFICATIONS.

ESTIMATED

UNIT

ESTIMATED

Item No.

SUPPLIES/SERVICES

QTY

UNIT

PRICE

AMOUNT

Excavate for pipe & BF,Compact 4'

CY

Excavate for pipe & BF,Compact 6'

Excavate for pipe & BF,Compact 8'

Excavate for pipe & BF,Compact 10'

Excavate for pipe & BF,Compact 12'

Flagman

HR

Granular Fill

Pipe Bedding

Haul Excess Clean Spoils to base stockpile

Haul Excess Spoils off base

2" Polyethylene Gas Pipe

LF

3" Polyethylene Gas Pipe

4" Polyethylene Gas Pipe

6" Polyethylene Gas Pipe

8" Polyethylene Gas Pipe

12" Polyethylene Gas Pipe

3/4" Polyethylene Lateral

EA

1" Polyethylene Lateral

1-1/4" Polyethylene Lateral

1-1/2" Polyethylene Lateral

2" Polyethylene Lateral

3" Polyethylene Lateral

4" Polyethylene Lateral

Connect existing Main to new Main

3/4" Service, shutoff &regulator

1" Service shutoff & regulator

1-1/4" Service, shutoff & regulator

1-1/2" Service, shutoff & regulator

2" Service, shutoff & regulator

3/4" Service Meter

1" Service Meter

1-1/4" Service Meter

1-1/2" Service Meter

2" Service Meter

3/4" Seismic valve

1" Seismic valve

1-1/4" Seismic valve

1-1/2"Seismic valve

2" Seismic valve

2" Polyethylene Valve and Box

3" Polyethylene Valve and Box

4" Polyethylene Valve and Box

6" Polyethylene Valve and Box

8" Polyethylene Valve and Box

12" Polyethylene Valve and Box

Sawcut Asphalt Roadway

Sawcut Asphalt Roadway each additional inch

Sawcut Concrete Sidewalk or Driveway 4"

Sawcut Concrete each additional inch

Sawcut Curb and Gutter

Asphalt Road Remove & Replace

SY

Concrete Sidewalks Rmv & Rpl

Concrete Driveways Rmv & Rpl

Concrete Curb and Gutter Rmv & Rpl

Hydroseed

CSF

Sod

SF

Tracer Wire

Hand Dig across Pipe

Unmarked Utility Delay

Cap abandoned pipe

Fencing

Hot Tap

TOTAL ESTIMATED AMOUNT BASIC YEAR (CLINS 0001 - 0062)

SCHEDULE B - OPTION YEAR ONE (16 SEP 09 - 15 SEP 10)

REMOVE AND INSTALL ALL MATERIALS, AND PROVIDE ALL EQUIPMENT, PLANT AND LABOR NECESSARY TO COMPLETE THE PROJECT IN STRICT ACCORDANCE WITH THE CONTRACT SPECIFICATIONS

ESTIMATED

Item No.

SUPPLIES/SERVICES

QTY

UNIT

PRICE

AMOUNT

Excavate for pipe & BF,Compact 4'

ESTIMATED TOTAL CLINS OPTION YEAR ONE (CLINS 1001 - 1062)

ESTIMATED TOTAL BASIC YEAR AND OPTION YEAR ONE

SCHEDULE B - OPTION YEAR TWO (16 SEP 10 - 15 SEP 11)

REMOVE AND INSTALL ALL MATERIALS, AND PROVIDE ALL EQUIPMENT, PLANT AND LABOR NECESSARY TO COMPLETE THE PROJECT IN STRICT ACCORDANCE WITH THE CONTRACT SPECIFICATIONS

ESTIMATED

Item No.

SUPPLIES/SERVICES

QTY

UNIT

PRICE

AMOUNT

Excavate for pipe & BF,Compact 4'

ESTIMATED TOTAL CLINS-OPTION YEAR TWO (CLINS 2001 - 2062)

ESTIMATED TOTAL BASIC AND OPTION YEARS ONE AND TWO

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

Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.236-21 Specifications and Drawings for Construction

FEB 1997

52.246-12 Inspection of Construction

AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN

DELIVERY DATE

QUANTITY

SHIP TO ADDRESS

UIC

POP 16 Sep 2008 TO 15 Sep 2009 N/A

60 CES-F3Z345

411 AIRMAN DRIVE

BLDG 570

TRAVIS AFB CA 94535-2002

FOB: Destination F3Z345

POP 16 Sep 2009 TO 15 Sep 2010 N/A

(SAME AS PREVIOUS LOCATION)

POP 16 Sep 2010 15 Sep 2011 N/A

(SAME AS PREVIOUS LOCATION)

52.247-34 F.O.B. Destination

NOV 1991

Section G - Contract Administration Data

AA: Non Requirement – Requirements Contract WO 54458 – TO BE CITED ON EACH INDIVIDUAL DELIVERY ORDER

AMOUNT: $0.00

CIN F3Z3458081A0040001: $0.00

1.1 ADMINISTRATIVE MATTERS

350 Hangar Ave Bldg 549

CONTRACTOR’S CONTRACT ADMINISTRATION

To Be Completed By The Contractor:

Name and Title:

Responsible Office:

Address:

Telephone Number:

Email:

Cage Code:

Duns Number:

Tax Identification Number:

INDIVIDUAL(S) AUTHORIZED TO NEGOTIATE OR DISCUSS PROPOSAL

Name of Primary: Name of Alternate:

Alternate #: Alternate #:

Fax No: Fax No:

Email: Email:

1.4 INVOICES

Individual delivery orders issued against this contract will establish specific invoicing procedures. Wide area work flow (electronic invoicing/payment system) is required for payment under this contract unless specified otherwise.

WAWF INFO

WIDE AREA WORK FLOW INSTRUCTIONS

Wide Area Work Flow Receipt and Acceptance (WAWF-RA) Vendor Instructions Installation and Registration Checklist

Completion of all instructions contained in this checklist must be accomplished prior to activation of the firm and user accounts

1. Check Central Contractor Registration System (CCR) (www.ccr.gov) to see if your company is registered.

If you are registered in CCR, please go to Step 3 below.

For help with registration in CCR, contact the CCR Help desk, 888-227-2423 or e-mail CCR@dlis.dla.mil or see the CCR Handbook at http://www.ccr.gov/handbook.cfm.

2. Register with Central Contractor Registry (CCR).

All vendors desiring to quote on goods or services in support of the Department of Defense (DoD) must be registered in the CCR at http://www.ccr.gov/.

Ensure that all mandatory fields are completed in your new CCR account (i.e., Telephone/Fax number, Data Universal Numbering System (DUNS) and/or Commercial and Government Entity (CAGE) codes, North American Industry Code Systems (NAICS) codes, etc).

Note: All contractors are required to update their CCR registration annually. Failure to do so will result in suspension of the account, which will prevent or delay awarding DoD contracts and payments to your firm.

3. Establish an Electronic Business Point of Contact (EB POC).

The next step is to ensure that you have identified an EB POC for your company. You are required to establish both a primary and alternate EB POC for each CAGE/DUNS code assigned to the firm.

To see if an EB POC is listed for your company, go to http://www.ccr.gov/ and click on “Search CCR.” Where prompted, enter the DUNS or CAGE or Company Name and click “Submit Query.” If you are presented with a list of DUNS numbers, you will need to pick the specific location and click on the DUNS.

Scroll to the bottom of the Inquiry Results page. There you can see if anyone is listed as the EB POC. If no one is listed, your company has not identified an EB POC yet. If you see that there is no one listed as your company’s EB POC, you need to click on “Update or Renew Registrations Using TPIN” to add it.

Each vendor organization may establish up to two EB POC’s (primary and alternate) for each CAGE/DUNS combination.

The EB POC will be responsible for authorizing access to employee(s) of the vendor’s organization to view and/or modify data submitted on behalf of the vendor.

Update NAICS codes developed by the Census Bureau, which replaced the Standard Industrial Classification (SIC) codes. Until NAICS codes are updated, update will not be complete. For more info on NAICS codes, visit: http://www.census.gov/epcd/www/naics.html

4. Establish a group in WAWF-RA associated with your cage code(s).

This can be done by calling DISA-Ogden Customer Support at 1-800-392-1798 or by e-mailing cscassig@ogden.disa.mil

5. Determine if your organization will designate a Group Administrator (GAM). (Proceed to paragraph 6 if you are not going to designate a GAM).

In medium to large sized companies, there may be need to establish more than one GAM.

A GAM determines who has access to the WAWF-RA vendor account.

The initial GAM shall be the person designated as the EB POC. To appoint additional GAM’s, each vendor must submit an official appointment letter signed by the EB POC.

The appointment letter should be faxed to the WAWF-RA Customer Support Center.

The Group Administrator’s Manual is available for reviewing to all WAWF-RA registered users.

The GAM Manual can be found in the Software Users Manual link within the WAWF-RA application.

6. Establish an organizational e-mail address All records created in WAWF-RA are stored in a virtual file folder and as status is updated or changes, the system generates an e-mail notification to applicable individuals identified in the firm’s organizational e-mail account.

The GAM or EB POC shall provide the organizational e-mail to the WAWF-RA Customer Support Center.

Ensure that your firm’s organizational e-mail address is operational and can receive e-mail from WAWF-RA prior to registering your e-mail address with the WAWF-RA Customer Support Center.

Note: If you do not set up an organizational e-mail address, the personal e-mail address of the first person who self-registers from your firm (CAGE/DUNS code), will be designated as the organizational e-mail address for your firm.

7. Set up PCs to access WAWF-RA Set up the PCs of your organization’s users to access WAWF-RA.

Select the “Setting Up Your Machine” link on the WAWF-RA home page. For more information: https://wawf.eb.mil/Instr.html.

8. Have all users self-register on the WAWF-RA website Every user for your firm must self-register on the WAWF-RA website by completing the on-line registration form.

Select the “Self Register” link on the WAWF-RA home page and follow the instructions.

Users may access WAWF-RA with either a User ID/Password combination or a PKI certificate. Users who want to use a PKI certificate must obtain it before self-registering.

PKI Certificates may be obtained from one of the approved Interim External Certificate Authorities: Operation Research Consultants Inc. http://eca.orc.com, Digital Signature Trust Co. http://www.digsigtrust.com/home.html, or VeriSign: http://www.verisign.com. The web sites provide the instructions needed to acquire a PKI Certificate.

If further assistance is needed, contact the WAWF-RA Customer Service Center.

Note: Registrations will not be activated until the WAWF-RA Customer Support Center receives an e-mail from the EB POC/GAM as registered in the CCR database.

9. Follow-Up (If necessary).

If your (GAM or user) account hasn’t been activated within two business days of self-registering contact the WAWF-RA Customer Service Center:CONUS Only: 1-800-392-1798, Option 1

COMMERCIAL: 801-777-3282, Option 1 DSN 777-3282, Option 1 FAX Commercial: 801-605-7453, DSN: 388-7543 E-Mail: cscassig@ogden.disa.mil Note: Reference “WAWF” in e-mail Subject line

WIDE AREA WORKFLOW – RECEIPT AND ACCEPTANCE (WAWF-RA)

ELECTRONIC RECEIVING REPORT AND INVOICING INSTRUCTIONS

IN ACCORDANCE WITH DFARS 232.7002, USE OF ELECTRONIC PAYMENT REQUESTS IS MANDATORY. USE OF WAWF WILL SPEED UP YOUR PAYMENT PROCESSING TIME AND ALLOW YOU TO MONITOR YOUR PAYMENT STATUS ONLINE. THERE ARE NO CHARGES OR FEES TO USE WAWF.

Requests for payments must be submitted electronically via the Internet through the Wide Area Work Flow – Receipt and Acceptance (WAWF-RA) system at https://wawf.eb.mil.

Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Omaha at (800) 330-8168 or faxed to (800) 554-0527. Please have your order number and invoice number ready when contacting DFAS about payment status. You can also access payment information using the DFAS Vendor Pay Inquiry System (VPIS) web site at http://www.dfas.mil/money/vendor.

CODES WILL BE SPECIFIED ON INDIVIDUAL DELIVERY ORDERS AND ARE REQUIRED TO ROUTE YOUR RECEIVING REPORTS, INVOICES AND ADDITIONAL E-MAILS CORRECTLY THROUGH WAWF. IMPROPER CODING WILL RESULT IN REJECTION OF INVOICES.

CONTRACT NUMBER:

FA4427-08-D-0101

DELIVERY ORDER NUMBER:

INSERT D.O. #

TYPE OF DOCUMENT:

CONSTRUCTION PROGRESS INVOICE

CAGE CODE:

ISSUE BY DODAAC:

FA4427

ADMIN DODAAC:

FA4427

INSPECTOR DODAAC:

F3Z345

SERVICE ACCEPTOR / SHIP TO:

PLUS SIX EXT:

PAY OFFICE DODAAC:

F67100

SEND MORE E-MAIL NOTIFICATIONS:

CONTRACTING SPECIALIST:

edward.emmons@travis.af.mil

CONTRACTING OFFICER:

gerald.napiewocki@travis .af.mil

ADDITIONAL NOTIFICATION:

ADDITIONAL NOTIFICATION:

Section H - Special Contract Requirements

REQUIRED INSURANCE

(IAW FAR 28.306(b)

Reference FAR Clause entitled “Insurance” The Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

Workmen’s Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen’s Compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

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.

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

BOND REQUIREMENTS

BID GUARANTEE

2.0 PROPOSAL GUARANTEE (BID BOND)

A bid bond is required for this solicitation in the amount of 20% of the proposed price not to exceed $3 Million. Bid Bond shall be provided with proposal submission on Standard Form 24 (submit scanned copy with proposal then mail original so that it will arrive prior to closing date/time).

PERFORMANCE AND PAYMENT BONDS

The contractor shall submit a performance bond on a Standard Form 25 and a payment bond on a Standard Form 25-A with a good and sufficient surety and sureties to the Government within ten (10) days of contract award. The contractor, prior to commencement of contract performance, will furnish required performance and payment bonds. The penal sum will be as follows:

PERFORMANCE BOND: The penal sum of the performance bond shall equal 100 percent of the contract price.

PAYMENT BOND: The penal sum of the payment bond shall equal 100 percent of the contract price.

PREPARATION OF MATERIAL APPROVED SUBMITTAL: The submittals contemplated by the clause herein entitled “FAR 52.236-5, Material and Workmanship” in accordance with instruction pertaining to AF Form 3000, “Material Approval Submittal.”

PREPARATION OF SCHEDULES FOR CONSTRUCTION CONTRACTS: The report contemplated by FAR 52.236-15 entitled “Schedules for Construction Contracts” in Section I shall be accomplished in accordance with instructions pertaining to AF Form 3064, “Contract Progress Schedule,” and AF Form 3065, “Contract Progress Report.”

SPECIAL WORKING CONDITIONS AND WORK SCHEDULE

EXCLUSION PERIOD - No work will be required during the period between 1 November and 31 March. Weather permitting, the contractor may make a written request and obtain prior written approval from the Contracting Officer to perform work during all or any part of this period. The Contracting Officer has the right to withdraw the approval anytime the weather is not conducive with the work being accomplished. The calendar days (150) above is excluded from calculations when establishing the estimated completion date.

Section I - Contract Clauses

52.202-1 Definitions

JUL 2004

52.203-3 Gratuities

APR 1984

52.203-5 Covenant Against Contingent Fees

APR 1984

52.203-6 Restrictions On Subcontractor Sales To The Government

SEP 2006

52.203-7 Anti-Kickback Procedures

JUL 1995

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity

JAN 1997

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Recycled Paper

AUG 2000

52.204-7 Central Contractor Registration

APR 2008

52.204-9 Personal Identity Verification of Contractor Personnel

SEP 2007

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.211-12 Liquidated Damages--Construction

SEP 2000

52.211-13 Time Extensions

SEP 2000

52.211-18 Variation in Estimated Quantity

APR 1984

52.215-2 Audit and Records--Negotiation

JUN 1999

52.215-8 Order of Precedence--Uniform Contract Format

OCT 1997

52.215-10 Price Reduction for Defective Cost or Pricing Data

OCT 1997

52.215-11 Price Reduction for Defective Cost or Pricing Data--Modifications

OCT 1997

52.215-12 Subcontractor Cost or Pricing Data

OCT 1997

52.215-13 Subcontractor Cost or Pricing Data--Modifications

OCT 1997

52.215-15 Pension Adjustments and Asset Reversions

OCT 2004

52.215-17 Waiver of Facilities Capital Cost of Money

OCT 1997

52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications

OCT 1997

52.217-2 Cancellation Under Multiyear Contracts

OCT 1997

52.219-8 Utilization of Small Business Concerns

MAY 2004

52.219-9 Small Business Subcontracting Plan

APR 2008

52.219-14 Limitations On Subcontracting

DEC 1996

52.219-16 Liquidated Damages-Subcontracting Plan

JAN 1999

52.222-1 Notice To The Government Of Labor Disputes

FEB 1997

52.222-3 Convict Labor

JUN 2003

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation

JUL 2005

52.222-6 Davis Bacon Act

JUL 2005

52.222-7 Withholding of Funds

FEB 1988

52.222-8 Payrolls and Basic Records

FEB 1988

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

52.222-21 Prohibition Of Segregated Facilities

FEB 1999

52.222-26 Equal Opportunity

MAR 2007

52.222-27 Affirmative Action Compliance Requirements for Construction

FEB 1999

52.222-32 Davis-Bacon Act--Price Adjustment (Actual Method)

DEC 2001

52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities

JUN 1998

52.222-37 Employment Reports On Special Disabled Veterans, Veterans Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-50 Combating Trafficking in Persons

AUG 2007

52.223-5 Pollution Prevention and Right-to-Know Information

AUG 2003

52.223-6 Drug-Free Workplace

MAY 2001

52.223-14 Toxic Chemical Release Reporting

AUG 2003

52.225-13 Restrictions on Certain Foreign Purchases

FEB 2006

52.226-1 Utilization Of Indian Organizations And Indian-Owned Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent

DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts

DEC 2007

52.228-1 Bid Guarantee

SEP 1996

52.228-2 Additional Bond Security

OCT 1997

52.228-5 Insurance - Work On A Government Installation

JAN 1997

52.228-11 Pledges Of Assets

FEB 1992

52.228-12 Prospective Subcontractor Requests for Bonds

OCT 1995

52.228-14 Irrevocable Letter of Credit

DEC 1999

52.228-15 Performance and Payment Bonds--Construction

NOV 2006

52.229-3 Federal, State And Local Taxes

APR 2003

52.230-2 Cost Accounting Standards

APR 1998

52.232-5 Payments under Fixed-Price Construction Contracts

SEP 2002

52.232-16 Progress Payments

APR 2003

52.232-17 Interest

JUN 1996

52.232-23 Assignment Of Claims

JAN 1986

52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I

APR 1984

52.232-25 Prompt Payment

OCT 2003

52.232-27 Prompt Payment for Construction Contracts

SEP 2005

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

52.236-2 Differing Site Conditions

APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work

APR 1984

52.236-5 Material and Workmanship

APR 1984

52.236-6 Superintendence by the Contractor

APR 1984

52.236-7 Permits and Responsibilities

NOV 1991

52.236-8 Other Contracts

APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas

APR 1984

52.236-11 Use and Possession Prior to Completion

APR 1984

52.236-12 Cleaning Up

APR 1984

52.236-13 Accident Prevention

NOV 1991

52.236-14 Availability and Use of Utility Services

APR 1984

52.236-15 Schedules for Construction Contracts

APR 1984

52.236-17 Layout of Work

APR 1984

52.236-21 Specifications and Drawings for Construction

FEB 1997

52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) - Alternate I

APR 1984

52.236-26 Preconstruction Conference

FEB 1995

52.242-13 Bankruptcy

JUL 1995

52.242-14 Suspension of Work

APR 1984

52.243-4 Changes

JUN 2007

52.244-5 Competition In Subcontracting

DEC 1996

52.246-21 Warranty of Construction

MAR 1994

52.248-3 Value Engineering-Construction

SEP 2006

52.249-2 Termination For Convenience Of The Government (Fixed-Price)

MAY 2004

52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (May 2004) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction)

APR 1984

52.253-1 Computer Generated Forms

JAN 1991

252.201-7000 Contracting Officer's Representative

DEC 1991

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies

DEC 2004

252.204-7003 Control Of Government Personnel Work Product

APR 1992

252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A

SEP 2007

252.205-7000 Provision Of Information To Cooperative Agreement Holders

DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

DEC 2006

252.215-7000 Pricing Adjustments

DEC 1991

252.219-7003 Small Business Subcontracting Plan (DOD Contracts)

APR 2007

252.223-7006 Prohibition On Storage And Disposal Of Toxic And Hazardous Materials

APR 1993

252.225-7012 Preference For Certain Domestic Commodities

MAR 2008

252.227-7033 Rights in Shop Drawings

APR 1966

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

MAR 2008

252.232-7004 DOD Progress Payment Rates

OCT 2001

252.232-7010 Levies on Contract Payments

DEC 2006

252.236-7000 Modification Proposals-Price Breakdown

DEC 1991

252.236-7001 Contract Drawings, and Specifications

AUG 2000

252.236-7005 Airfield Safety Precautions

DEC 1991

252.236-7006 Cost Limitation

JAN 1997

252.243-7001 Pricing Of Contract Modifications

DEC 1991

252.243-7002 Requests for Equitable Adjustment

MAR 1998

252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts)

JAN 2007

252.247-7024 Notification Of Transportation Of Supplies By Sea

MAR 2000

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 the number of calendar days stated on the individual delivery order. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $243.94 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)

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 16 Sep 2008 through 15 Sep 2009, 16 Sep 2009 through 15 Sep 2010, and 16 Sep 2010 through 15 Sep 2011 if options are exercised

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

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

(End of clause)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $100,000.00;

(2) Any order for a combination of items in excess of $1,000,000.00; or

(3) A series of orders from the same ordering office within 2 work 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 2 work 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)

52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) 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 15 Sep 2009, and if options are exercised 15 Sep 2010, 15 Sep 2011.

(End of clause)

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

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 months.

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JUL 2005)

(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) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer.

These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) 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 procurement from a nonmanufacturer of such 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.

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

(f) 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.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUNE 2007)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 237120 assigned to contract number FA4427-08-D-0101.

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

52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004)

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

United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to--

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that--

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall--

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(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 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.

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

(End of clause)

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 20 (twenty) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

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://www.arnet.gov

(End…