0-2_FA4427-12-R-0108_Fill-In_B_thru_K.doc

Section B - Supplies or Services and Prices

Renovate Bay D, Bldg 237

FFP

Renovate Bay D of Building 237 in accordance with the specifications and drawings provided by the government (Atch #1 dated 2 Sep 2011, 484 pages).

PERFORMANCE PERIOD is 180 Calendar Days after Notice to Proceed (NTP). NTP will be issued after receipt of bonds.

FOB: Destination

NSN: Z1AA-12-BLD-G237

PURCHASE REQUEST NUMBER: F3ZT272160A001

SIGNAL CODE: A

NET AMT

Renovate Bay E, Bldg 237

Renovate Bay E, Bldg 237 in accordance with the specifications and drawings provided by the government (Atch #2 dated 2 Sep 2011, 389 pages).

PERFORMANCE PERIOD is 90 Calendar Days after Notice to Proceed (NTP). NTP will be issued within 5 days of acceptance of Bay D (CLIN 0001).

FOB: Destination

NSN: Z1AA-12-BLD-G237

PURCHASE REQUEST NUMBER: F3ZT272205A002

NET AMT

Renovate Bay F, Bldg 237

Renovate Bay F, Bldg 237 in accordance with the specifications and drawings provided by the government (Atch #3 dated 02 Sep 2011, 436 pages).

PERFORMANCE PERIOD is 180 Calendar Days after Notice to Proceed (NTP). NTP will be issued within 5 days of acceptance of Bay E (CLIN 0002).

FOB: Destination

NSN: Z1AA-12-BLD-G237

PURCHASE REQUEST NUMBER: F3ZT272205A001

NET AMT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

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:

Telephone #:

Telephone #:

Alternate #:

Alternate #:

Fax No:

Fax No:

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

SPECIAL CONTRACT REQUIREMENTS

BONDS

PERFORMANCE AND PAYMENT BONDS

The contractor shall submit a Payment Bond on a Standard Form 25-A with a good and sufficient surety and sureties or a Letter of Irrevocable Credit to the Government within ten (10) days of contract award. The contractor, prior to commencement of contract performance, will furnish required payment bonds or irrevocable letter of credit. 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 requires 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.

QUESTIONS FOR SOLICITATION

All questions related to the solicitation and/or specifications must be submitted in writing by email to Matt Zorch (paul.zorch@us.af.mil) with a copy to Vallarie Kilkenny (vallarie.kilkenny@us.af.mil) and E. Jane Bailey (elizabeth.bailey@us.af.mil) at least 10 calendar days prior to the closing date of the solicitation.

CLAUSES INCORPORATED BY FULL TEXT

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.

MAGNITUDE OF CONSTRUCTION: Magnitude of construction IAW FAR 36.204 is between $1,000,000 to $5,000,000

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.”

CLAUSES INCORPORATED BY FULL TEXT

PROPOSAL GUARANTEE (BID BOND)

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). Failure to provide a Bid Guarantee will result in your proposal being considered Non-Responsive to the solicitation.

CLAUSES INCORPORATED BY FULL TEXT

TRAVIS AFB SECURITY REQUIREMENTS

1. Security Requirements. Travis Air Force Base is designated as a closed base. In order to promote security and safety, all employees desiring access must adhere to installation entry requirements, to include, identity proofing and vetting. This includes a National Crime Information Center (NCIC) and California Law Enforcement Telecommunication System (CLETS) check. Identity proofing and vetting is not required for employees if they have a current favorable government security clearance which can be verified through the Joint Personnel Adjudication System (JPAS).

2. The primary contractor will ensure all employees possess proper credentials allowing them to work in the United States and ensure illegal aliens are not employed and/or transported onto the installation. At least one of the following forms of identification will be required for identity proofing:

· United States Passport

· Permanent Registration Card/Alien Registration Receipt Card (Form I-1551)

· Foreign Passport with a temporary (I-1551) stamp or temporary (I-1551) printed notation on a machine readable immigrant visa.

· Employment authorization document that contains a photograph (Form I-766)

· Current/valid Driver’s License

· Identification card issued by Federal, State or local Government

· U.S. Coast Guard Merchant Mariner Legacy Card

· U.S. Coast Guard New Merchant Mariner Credential

Additional supplemental sources of identity proofing which may be requested during increased FPCONS or Random Antiterrorism Measures (RAMs) include, but are not limited to:

· School identification card with photograph

· U.S. Military or draft record

· Native American Tribal Document

· U.S. Social Security Card issued by the Social Security Administration (SSA)

· Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350)

· Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal

· U.S. Citizen ID Cared (Form I-197)

· ID Card for use of Resident Citizen in the United States (Form I-179)

· Unexpired employment authorization document issued by the Department of Homeland Security (DHS) which includes, a) Form I-94 identifying the holder as an asylee, or b) other documentation issued by DHS or the former Immigration and Naturalization Service that identifies the holder as an asylee, lawful permanent resident, refugee or other status authorized to work in the United States incident to status

· Foreign Military or Government Identification Credentials

· Foreign passport with a current arrival-departure record (Form I-94) bearing the same name as the passport and containing an endorsement of the alien’s nonimmigrant status, if that status authorizes the alien to work for the employer

· In the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with Form I-94 or Form I-94A bearing the same name as the passport and containing an endorsement of the alien’s nonimmigrant status, as long as the endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form.

The contractor shall not be entitled to any compensation for delays or expenses associated with complying with the provision of this clause. Furthermore, nothing in this clause shall excuse the contractor from proceeding with the contract as required.

3. Identity Proofing and Vetting. Employees whose background reveals any of the following disqualifiers will not be allowed installation access. All employees will be vetted based on the following disqualifying base access criteria:

· The installation is unable to verify the individual’s:

· Citizenship, immigration status, or social security number or claimed identity.

· The individual is/has/has been:

· Barred from entry/access to a federal installation or facility.

· Wanted by federal/civil law enforcement authorities, regardless of offense/violation.

· On a federal agency “watch list” or “hit list” for criminal behavior/terrorist activity.

· Knowingly/willfully engaged in acts/activities to overthrow the government by force.

· Incarcerated 12 months/longer in the past 10 years, regardless of offense/violation, unless released on proof of innocence.

· The individual has been convicted of:

· Child molestation or pornography; any crime involving indecent acts with a minor.

· Espionage, sabotage, treason, terrorism, or murder.

· Firearms or explosive violation within the past ten years.

· Felony involving violence against a person, arson robbery or burglary.

· Drug distribution, possession, intent to sell, trafficking or use more than once.

· Sexual assault, rape, human trafficking or any felony sexual in nature requiring registration as a sex offender under applicable federal or state law.

· The individual is known to be or reasonably suspected of:

· Being a terrorist or belongs to an organization with known terrorism links or support.

· There is reasonable basis to believe the individual:

· Submitted fraudulent information concerning his or her identity.

· Will unlawfully or inappropriately use an access credential outside the workplace.

· Will attempt to gain unauthorized access to classified documents, information protected by the Privacy Act, information that is proprietary in nature, or other sensitive or protected information.

· There is reasonable basis to believe, that issuance of an access credential poses unacceptable risk when:

· Criminal or dishonest history exists.

· A statutory or regulatory bar prevents the individual’s contract employment; or would prevent federal employment.

· The individual’s material, intentional false statement, deception or fraud in connection with federal or contract employment.

· Based on the nature or duration of the individual’s alcohol abuse without evidence of substantial rehabilitation.

· Based on the nature or duration of the individual’s illegal use of narcotics, drugs, or other controlled substances without evidence of substantial rehabilitation.

Employees will be identity proofed and vetted each time a pass is issued. Security Forces may conduct random screenings at any time; if, disqualifying base access information is found employees may have their passes revoked.

Employees with disqualifying base access information will be issued a denial access letter immediately revoking their base access privileges. Employees requesting to contest the adjudication, denial of installation access, or requesting a waiver/exception to policy must submit a written rebuttal/request within 10 business days of receipt of the barment letter to 60 AMW/CC, through 60 SFS/CC, Attention: 60 SFS/S5R, Bldg 381, 540 Airlift Drive, Suite C-101, Travis AFB 94535-2451.

4. Primary Contractor Responsibilities. The primary contractor will be responsible for the conduct of all employees working under that contract. Additionally, the primary contractor will:

Coordinate base entry requirements with the 60th Contracting Squadron.

Advise employees working on the installation they are subject to identity proofing and vetting against criteria specified in para. 3. Any employee who does not complete or sign the form will be denied installation access.

Advise employees base pass’ are only valid for the purpose, person and vehicle for which it was issued. Use of the base pass for any other purpose or by any other person will result in the pass being confiscated. Employees which misuse their pass may be subject to barment actions. If a pass is lost, notify the Pass and Registration Office immediately.

· To obtain a pass, personnel will need a valid state or government photo identification.

· To obtain a vehicle pass, personnel will need a driver license, registration and insurance.

Provide written notification, within 24 hrs, to the 60th Contracting Squadron of any changes in employee’s status. This includes, but is not limited to, the employee being fired or quitting their position with the company.

Retrieve government issued personal and vehicle passes from employees which no longer need installation access. Passes will be turned into the 60th Contracting Squadron upon expiration.

Obtaining a Base Pass. Provide an EAL (Entry Authority List) of all employees on company letterhead which require a base pass. All requests for a base pass will be submitted through the Base Contracting Office NLT 45 days prior to the contract start date. Exceptions will be made for short-notice contracts where the award date and performance start date are less than 45 days. A base pass will be issued for a maximum of one year. Prior to renewing a base pass, return the old base pass to the Pass and Registration for destruction. Ensure the EAL includes:

· Contract number

· Work site or location

· Inclusive dates of the contract

· Work schedule (include days of the week and time periods employees are on base)

· Employee’s full name, date of birth, and social security number

Only persons who have undergone identity proofing and vetting and have no disqualifying base access information can serve as a sponsor. Persons appointed as sponsors will meet employees at the Visitor Control Center and ensure they are advised of security language contained herein.

5. Employee Responsibilities. All employees requiring reoccurring and unescorted access onto the installation must:

· Carry their DoD ID card or installation pass on their person while on the installation.

· Register privately owned vehicles in accordance with installation policies.

· On request, present their DoD ID card or installation pass to security personnel. Refusal may be grounds for further administrative or punitive action.

· If issued a Command Access Card (CAC), present documentation from the local security office or CAC sponsor confirming that the CAC has been reported lost or stolen.

· Turn in access credentials to the 60th Contracting Squadron when the credential expires or when the basis for obtaining the credential no longer exists.

6. Increased Force Protection Condition (FPCON). During FPCON Normal, Alpha and Bravo; employees without a base issued pass must be sponsored onto the installation. During FPCON Charlie and Delta the base will curtail non-essential operations/functions and non-essential employees will be suspended at the direction of the installation commander. All employees attempting installation access; thereafter, will be physically escorted unless FPCON Mission-Essential designation has been approved in advance and is indicated on the base pass.

7. Restricted Area Badges. Employees may be submitted for unescorted entry into restricted areas if required for their contract. Contact the security manager for the military agency responsible for the project.

8. Escort Requirements. The following escort requirements apply:

Installation. Sub-contractors must be escorted at all times.

Controlled/Restricted Areas. Employees not in possession of a restricted area badge will be escorted at all times when working within controlled, restricted or other sensitive areas. Escorts can be either the military agency responsible for the project or an employee in possession of a restricted area badge. The military agency or employee in possession of a restricted area badge will follow existing procedures and instructions for obtaining entrance to controlled, restricted and sensitive areas.

9. Lost Base Passes or Restricted Area Badges.

Base Passes. The employee’s supervisor will investigate and provide written notification for a lost base pass to the 60th Contracting Squadron. Written notification should include an explanation from the employee on how, when, where and what steps have been taken to locate the missing base pass. If a replacement is needed, forward the notification with the request for a base pass.

Restricted Area Badges (RAB). Employees issued a RAB must report the loss immediately to the security manager of the military agency that submitted the RAB request. The individual who lost the RAB will provide a written explanation on how, when, where and what steps have been taken to locate the missing RAB. The security manager will conduct their own inquiry and forward a report of investigation [with squadron commander endorsement]; the member’s written explanation and the original AF Fm 2586 to the Pass and Registration office. A new RAB will not be issued until the investigation is complete.

10. Information Protection Security Training. IAW AFI 31-401, AFGM_1 para 8.5. Security Managers are required to provide initial uncleared or cleared training to all contractors within 90 days of assignment, this includes specialized security training. The security manager is required to track and document the completed training. The contractor will be required to participate in the government’s in-house and web-based security training program under the terms of the contract. The government will provide the contractor with access to the on-line system after appropriate vetting qualification have been met.

11. For Official Use Only Information. Agency information marked “For Official Use Only” or bearing other sensitivity marking will be handled in accordance with agency information security program regulations and instructions. This information will not be divulged or disclosed without agency permission. Contractor personnel will ensure information that is considered sensitive or proprietary is not compromised.

12. Anti-terrorism Force Protection Training. IAW AFI 10-245 and TAFB OPLAN 10-245, all employees with contracts over 90 days, will complete initial and annual Level I Anti-Terrorism Awareness training at https://atlevel1.dtic.mil/at/. All personnel will be responsible to provide proof (copy of training certificates) of training to the Anti-terrorism Advisor/Representative responsible for the unit they are contracted.

13. Operations Security (OPSEC). IAW AFI 10-701, 60 AMW will consider OPSEC for all contractual requirements and determine if any contract contains any form of critical and/or sensitive information or activities. These requirements will be defined on the contract and SOW/PWS. If OPSEC requirements exist, then the 60 AMW OPSEC Program Manager will be contacted to review the SOW/PWS. This review may result in possible training requirements, in addition to what is stated below. For unclassified contracts, the DD Form 254, Department of Defense Contract Security Classification Specification, can be used to specify OPSEC requirements in lieu of defining these requirements on the contract and SOW/PWS. For classified contracts, the DD Form 254 is mandatory. Additionally, the 60 AMW OPSEC Program Manager or functional Unit OPSEC Coordinator will administer specific OPSEC training or training materials to all contract employees within 90 days of initial assignment to the contract (AFI 10-701, 5.2.4). The Installation (60 AMW) OPSEC Program Manager can be contacted at 424-3261/1375.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(End of clause)

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 550 calendar days , each phase has a separate performance period after the Notice to Proceed is issued.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $448.00 for each calendar day of delay for each phase (CLIN) 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)

CLAUSES INCORPORATED BY FULL TEXT

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012)

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

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

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

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

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

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

(3) For long-term contracts--

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

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

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

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

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

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

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

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 236220 assigned to contract number FA4427-(will be completed at time of award).

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

(End of clause)

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)

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

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to the Contracting Officer 60 CONS/LGCA, 350 Hangar Ave Bldg 549, Travis AFB CA 94535.

(End of clause)

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

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

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

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

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

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

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

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

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

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

Cost of components means--

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

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

Domestic construction material means--

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or 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.

(End of clause)

52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION)(AUG 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(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://farsite.hill.af.mil

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

NONE

CLAUSES INCORPORATED BY FULL TEXT

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV

2011)

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal

Acquisition Regulation 3.104-2.

(End of provision)

252.204-7008 EXPORT-CONTROLLED ITEMS (APR 2010)

(a) Definition. Export-controlled items, as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120-130). The term includes:

(1) Defense items, defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, and further defined in the ITAR, 22 CFR part 120.

(2) Items, defined in the EAR as ``commodities, software, and technology,'' terms that are also defined in the EAR, 15 CFR 772.1.

(b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not limited to, the requirement for Contractors to register with the Department of State in accordance with the ITAR. The Contractor shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to compliance with the EAR.

(c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause.

(d) Nothing in the terms of this contract adds to, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive orders, and regulations, including but not limited to--

(1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.);

(2) The Arms Export Control Act (22 U.S.C. 2751, et seq.);

(3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.);

(4) The Export Administration Regulations (15 CFR parts 730-774);

(5) The International Traffic in Arms Regulations (22 CFR parts 120-130); and

(6) Executive Order 13222, as extended.

(e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts.

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

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

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through

WAWF. Both can be accessed by selecting the ``Web Based Training'' link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or…