FA4427-09-R-0113 Solicitation.pdf

FA4427-09-R-0113

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

FIRE SYSTEM PIPING REPLACEMENT

FFP

Contractor to provide all materials, labor and equipment necessary to Replace existing copper piping with stainless steel piping to Aques Fire Fighting Foam (AFFF) Fire system and replace existing AFFF Poly Storage tanks in building 14 Fuel Cell Hangar in accordance with attached Scope of Work WO #55765 dated 1

APR 2009.

FOB: Destination

NSN: Z199-09-FIR-AFFF

PURCHASE REQUEST NUMBER: F3Z3459082A003

SIGNAL CODE: A

NET AMT

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

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QTY SHIP TO ADDRESS UIC

0001 90 dys. After Notice to

Proceed

1 60 CES-F3Z345

411 AIRMAN DRIVE

BLDG 570

TRAVIS AFB CA 94535-2002

707-424-3063 FOB: Destination

F3Z345

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

Section G - Contract Administration Data

1.1 ADMINISTRATIVE MATTERS

The address and telephone number for Construction Flight:

60th Contracting Squadron

60CONS/LGCA

350 Hangar Ave Bldg 549 Travis AFB CA 94535-2632

(707) 424-7749

1.2 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:

1.3 INDIVIDUAL(S) AUTHORIZED TO NEGOTIATE OR DISCUSS PROPOSAL

Name of Primary: Name of Alternate:

Address: Address:

Telephone #: Telephone #:

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.

1.5 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 faxaed 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.

http://www.ccr.gov/� mailto:CCR@dlis.dla.mil� http://www.cdr.gov/� http://www.ccr.gov/� http://www.census.gov/epcd/www/naics.html�

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 https://wawf.eb.mil/Instr.html� http://eca.orc.com/� http://www.digsigtrust.com/home.html� http://www.verisign.com/� mailto:cscassig@ogden.disa.mil�

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: FA4427-09-

DELIVERY ORDER NUMBER:

TYPE OF DOCUMENT: CONSTRUCTION PROGRESS INVOICE

CAGE CODE:

ISSUE BY DODAAC: FA4427

ADMIN DODAAC: FA4427

INSPECTOR DODAAC: F3Z345

SERVICE ACCEPTOR / SHIP TO: F3Z345

PAY OFFICE DODAAC: F67100

SEND MORE E-MAIL NOTIFICATIONS:

CONTRACTING OFFICER: RODNEY F. ALCANTARA rodney.alcantara@travis.af.mil

CONTRACT SPECIALIST: DORI M. TURNER dori.turner@travis.af.mil mailto:rodney.alcantara@travis.af.mil� mailto:dori.turner@travis.af.mil�

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.

a. 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.

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. 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

A bid bond is required for the 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:

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

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

(3) ADDITIONAL BOND PROTECTION: The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

MAGNITUDE OF CONSTRUCTION: Magnitude of construction IAW FAR 36.204 is between $100,000.00 to $250,000.00

PREPARATION OF MATERIAL APPROVAL 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 reports contemplated by FAR Clause 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.”

TRAVIS AIR FORCE BASE ENTRY PROCEDURES

A.. In order to promote security and safety at Travis Air Force Base all contractor employees requesting access to the installation are subject to AFI 31-101 AMC Sup Travis AFB Sup 11 JAN 2008 which requires individuals to be screened by criminal background history (CBH) checks, National Crime Information Center (NCIC) wants/warrants checks, and California Law Enforcement Telecommunication System (CLETS) driver license history checks.

B. Contractors are divided into two categories, to ensure proper screening and to minimize installation access delays, as follows:

1. Category 1 (Cat-1) – primary and subcontractors who are identified against a contract prior to the contract performance start date.

2. Category 1 (Cat-2) subcontractors and affiliate workers not previously identified against a contract prior to contract performance start date.

C. Contractors are required to provide an EAL (entry authorization list) all Cat-1 employees which must include the following information:

1. Contract Number

2. Work Site/Location

3. Inclusive dates of the contract (start date – end date)

4. Employee Name (Last, First, MI)

5. Date of Birth

6. Social Security Number

D. Contractor is to have each employee identified on the EAL complete TAFB Form 251, Contractor Consent to Background Check and submit it with the request for issuance of Travis AFB Contractor Badge or Pass a minimum of 30 days prior to performance on the contract.

E. Contractor will be notified of any individuals whose background check meets any of the following 12 disqualifiers as they will not be allowed access to the installation.

1. U.S. citizenship, immigration status, or Social Security Account Number cannot be verified.

2. Barred from entry/access to any military installation or facility.

3. Individual is wanted by federal or civil law enforcement authorities, regardless of offense or violation.

4. Individual’s name appears on any federal agency’s list for criminal behavior or terrorist activity.

5. Individual was convicted of espionage, sabotage, treason or terrorism.

6. Individual was incarcerated for 12 months or longer within the past three years, regardless of offense or violation.

7. Individual was convicted of a firearms or explosives violation within the past three years.

8. Individual has been convicted of illegal possession or use of drugs/narcotics on more than one occasion within five years from the date access to TAFB is requested.

9. Individual has been convicted of an offense involving drug trafficking, possession with intent to sell or drug distribution within 10 years from the date access to TAFB is requested.

10. Individual has been convicted of a felony involving violence against a person, arson, robbery or burglary within 5 years from the date access to TAFB is requested.

11. Individual is required to register as a sex offender under federal law or the applicable state law.

12. Individual has been convicted of any crime involving indecent acts with a minor or a felony that is sexual in nature.

F. Individuals adjudicated and cleared under the disqualifying criteria are considered cleared for installation access for a two-year period. Thereafter, renewal is required.

G. For complete information regarding Visitor Entry request a copy of the AFI 31-101 from your Contracting Officer.

1. Air field Operations Information:

a) A construction plan that projects approximate start of physical work on the airfield shall be accomplished and submitted to the Contracting Officer at the pre-construction meeting for coordination with Airfield Management (60 OSS/OSAA), Communications (60 CS), Ground and Flight Safety (60 AMW/SE), Environmental (60 CES) and Security Forces (60 SFS).

2. Safety Requirements and Procedures:

a) An airfield driving briefing must be administrated by Airfield Management prior to the start of any construction project on the airfield. Contact Airfield Management at (707) 424-0028 to setup a time for the briefing.

b) The project superintendent will notify Airfield Management (707) 424-0028/2836 each day prior to starting construction activities and at the end of the day when construction activities have ceased for the day. The work area limits, barricade, and temporary fencing requirements will be clearly delineated for each phase. The work area limits should include identification of restricted areas requiring escorts and free zones with secure areas. Construction vehicle access roads, including access gates and haul routes, will be identified during the pre construction conference. Any temporary pavement marking and lighting details will be presented on the phasing plan. Marking and lighting details are presented in ETL 04-2 Standard Airfield Pavement Marking Schemes, UFC 3-535-01 Visual Air Navigation Facilities.

ETL 04-2 and UFC 3-535-01 will be provided to the contractor by airfield management at the pre construction briefing.

c) The following items will be provided at the pre construction briefing:

i. contractor equipment and material storage locations

ii. contractor personnel vehicle parking area and access routes to the work area

iii. location of the contractor's offices and plants, and

iv. designated waste and disposal areas (off-site disposal is included in the specifications).

d) The contractor will provide a listing of all construction equipment that specifies the maximum height of the equipment expected to be in use during construction. If the maximum equipment height penetrates any airspace a “Notice of Proposed Construction” will be required. Based upon information provided in the listing the government will initiate necessary paperwork to obtain clearance from the Federal Aviation Administration prior to the start of construction. No work will be allowed utilizing the equipment that penetrates airspace until written authorization is given by the contracting officer.

e) Construction activities on the airfield, in proximity to, or affecting aircraft operational areas or navigable airspace, shall be coordinated with airfield management prior to initiating such activities. In addition, basic responsibilities and procedures are required to be briefed prior to the start of any project on the airfield by airfield management. Construction areas located within the aircraft movement area require special attention by the contractor and shall be clearly delineated on the project plans. The airfield manager and contract administrator shall closely monitor construction activity throughout its duration to ensure continual compliance with safety requirements.

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

52.215-2 Audit and Records--Negotiation JUN 1999 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-21 Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data--Modifications

OCT 1997

52.219-6 Notice Of Total Small Business Set-Aside JUN 2003 52.219-8 Utilization of Small Business Concerns MAY 2004 52.219-14 Limitations On Subcontracting DEC 1996 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 (Dev) Payrolls and Basic Records (Deviation) 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 52.222-15 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

52.222-35 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 FEB 2009 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 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 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 52.228-2 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 52.228-13 Alternative Payment Protections JUL 2000 52.228-14 Irrevocable Letter of Credit DEC 1999 52.228-15 Performance and Payment Bonds--Construction NOV 2006 52.229-4 Federal, State, And Local Taxes (State and Local

Adjustments)

APR 2003

52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-17 Interest OCT 2008 52.232-18 Availability Of Funds APR 1984 52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984 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 52.236-2 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 52.236-26 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 52.244-6 Subcontracts for Commercial Items FEB 2009 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction SEP 2006

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 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

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

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 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 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

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

DEC 2006

252.219-7011 Notification to Delay Performance JUN 1998 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.225-7002 Qualifying Country Sources As Subcontractors APR 2003 252.225-7012 Preference For Certain Domestic Commodities DEC 2008 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.227-7033 Rights in Shop Drawings APR 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 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 2009

252.247-7023 Transportation of Supplies by Sea MAY 2002 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE

INSTALLATIONS

AUG 2007

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

(End of clause)

52.216-7 ALLOWABLE COST AND PAYMENT (DEC 2002) -- ALTERNATE I (FEB 1997)

(a) Invoicing.

(1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) Subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25. (3) The designated payment office will make interim payments for contract financing on the 14th day after the designated billing office receives a proper payment request. In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

(b) Reimbursing costs.

(1) For the purpose of reimbursing allowable costs (except as provided in paragraph (b)(2) of this clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term "costs" includes only-

(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;

(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for-

(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made-

(1) In accordance with the terms and conditions of a subcontract or invoice; and

(2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government;

(B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract;

(C) Direct labor;

(D) Direct travel;

(E) Other direct in-house costs; and

(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and

(iii) The amount of progress and other payments to the Contractor's subcontractors that either have been paid, or that the Contractor is required to pay pursuant to the clause of this contract entitled "Prompt Payment for Construction Contracts." Payments shall be made by cash, check, or other form of payment to the Contractor's subcontractors under similar cost standards.

(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless-

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes).

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause.

(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.

(c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks.

(d) Final indirect cost rates.

(1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.

(2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.

(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.

(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates,

(ii) the bases to which the rates apply,

(iii) the periods for which the rates apply,

(iv) any specific indirect cost items treated as direct costs in the settlement, and

(v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution.

(4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause.

(5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates.

(6)(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph (d)(5) of this clause, the Contracting Officer may-

(A) Determine the amounts due to the Contractor under the contract; and

(B) Record this determination in a unilateral modification to the contract.

(ii) This determination constitutes the final decision of the Contracting Officer in accordance with the Disputes clause.

(e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates-

(1) Shall be the anticipated final rates; and

(2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to prevent substantial overpayment or underpayment.

(f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in FAR 42.708(a) are satisfied.

(g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. Any payment may be-

(1) Reduced by amounts found by the Contracting Officer not to constitute allowable costs; or

(2) Adjusted for prior overpayments or underpayments.

(h) Final payment.

(1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d)(5) of this clause, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.

(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver-

(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and

(ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except-

(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known;

(B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and

(C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability.

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 238220 assigned to contract number FA4427-09-R-0113

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

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.

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (FEB 2009)

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

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

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

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

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

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

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

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

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

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

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

Domestic construction material means--

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components.