06-R-0007 Solicitation.doc

Section B - Supplies or Services and Prices

SF 1442 BLOCK 10 CONTINUATION

This solicitation is for Base Civil Engineering Works Requirements Contract excludes MFH, Little Rock AFB, Arkansas.

The North American Industry Classification System (NAICS) Code is 237310.

Please see Letter of Instructions, Attachment (8) for directions on completing this solicitation and how to receive a compact disk containing the Statement of Work, Drawings, and other attachments.

This is a full and open acquisition. All responsible sources are permitted to compete. This acquisition is subject to the Small Business Competitiveness Demonstration Program IAW FAR 19.10. Applicable Designated Industry Group IAW FAR 19.1005(a)1 is NAICS code 237310 - Highway, Street and Bridge Construction, and FAR 19.1307 Price Evaluation Preference for HUBZone Small Business Concerns.

The magnitude of construction for this acquisition is between $5,000,000 and $10,000,000 over the entire life of the contract.

AN OFFER GUARANTEE IN THE FORM OF 20% ON THE BID PRICE NOT TO EXCEED $3 MILLION, IS REQUIRED.

PAST PERFORMANCE WILL BE RATED APPROXIMATELY EQUAL TO PRICE.

A 100% PERFORMANCE BOND AND A 100% PAYMENT BOND WILL BE REQUIRED WITHIN 10 CALENDAR DAYS AFTER CONTRACT AWARD.

DELIVERY ORDERS WILL BE ISSUED AGAINST THE BASE CONTRACT WITH PERFORMANCE PERIOD AND FUNDING CITED IN EACH DELIVERY ORDER.

**IAW FAR 52.232-18, Notice to Offerors Availability of Funds: Funds are not presently available for this solicitation. Award of the contract as a result of this solicitation is contingent upon the availability of appropriated funds from which payment of this contract may be made. There shall be no legal liability on the part of the Government for contract purposes until funds are made available to the Contracting Officer. The Contracting Officer will confirm availability of funds in writing to the contractor upon award of the contract.**

POCs: Mr. Rick Edens (501-987-3855), and Mr. Barry Jundt (501-987-3853)

IDC, Base CE Works (Base Year)

FFP

The work shall consist of furnishing all plant, labor, tools, material, equipment, and supplies in performing all operations in connection with Base Civil Engineering Works. All work shall be completed in strict accordance with the drawings and specifications of Project NKAK 04-1008. All Airfield Pavements and Military Family Housing projects are excluded from this contract. This contract will include work at the Little Rock AFB, AR, All-American Landing Zone located at Camp Joseph T. Robinson, North Little Rock, AR, and the Blackjack Drop Zone located between El Paso and Romance, AR. See Attachment 9, Pricing Schedule, page 1 - 10, Items 0001 - 0001FZ.

NSN: Z222-00-000-0000

SIGNAL CODE: A

ESTIMATED

NET AMT

FOB: Destination

FFP

The work shall consist of furnishing all plant, labor, tools, material, equipment, and supplies in performing all operations in connection with Base Civil Engineering Works. All work shall be completed in strict accordance with the drawings and specifications of Project NKAK 04-1008. All Airfield Pavements and Military Family Housing projects are excluded from this contract. This contract will include work at the Little Rock AFB, AR, All-American Landing Zone located at Camp Joseph T. Robinson, North Little Rock, AR, and the Blackjack Drop Zone located between El Paso and Romance, AR. See Attachment 9, Pricing Schedule, page 11 - 20, Items 1001 - 1001FZ.

ESTIMATED

FFP

The work shall consist of furnishing all plant, labor, tools, material, equipment, and supplies in performing all operations in connection with Base Civil Engineering Works. All work shall be completed in strict accordance with the drawings and specifications of Project NKAK 04-1008. All Airfield Pavements and Military Family Housing projects are excluded from this contract. This contract will include work at the Little Rock AFB, AR, All-American Landing Zone located at Camp Joseph T. Robinson, North Little Rock, AR, and the Blackjack Drop Zone located between El Paso and Romance, AR. See Attachment 9, Pricing Schedule, page 21 - 30, Items 2001 - 2001FZ.

ESTIMATED

FFP

The work shall consist of furnishing all plant, labor, tools, material, equipment, and supplies in performing all operations in connection with Base Civil Engineering Works. All work shall be completed in strict accordance with the drawings and specifications of Project NKAK 04-1008. All Airfield Pavements and Military Family Housing projects are excluded from this contract. This contract will include work at the Little Rock AFB, AR, All-American Landing Zone located at Camp Joseph T. Robinson, North Little Rock, AR, and the Blackjack Drop Zone located between El Paso and Romance, AR. See Attachment 9, Pricing Schedule, page 31 - 40, Items 3001 - 3001FZ.

ESTIMATED

FFP

The work shall consist of furnishing all plant, labor, tools, material, equipment, and supplies in performing all operations in connection with Base Civil Engineering Works. All work shall be completed in strict accordance with the drawings and specifications of Project NKAK 04-1008. All Airfield Pavements and Military Family Housing projects are excluded from this contract. This contract will include work at the Little Rock AFB, AR, All-American Landing Zone located at Camp Joseph T. Robinson, North Little Rock, AR, and the Blackjack Drop Zone located between El Paso and Romance, AR. See Attachment 9, Pricing Schedule, page 41 - 50, Items 4001 - 4001FZ.

ESTIMATED

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

18-OCT-2007

18-OCT-2008

18-OCT-2009

18-OCT-2010

18-OCT-2011

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 each Delivery Order within 10-calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $164.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

Section G - Contract Administration Data

ACCOUNTING INFORMATION

CONTRACT ADMINISTRATION DATA

1. ACCOUNTING AND APPROPRIATION DATA

To be cited on each individual delivery order.

2. PAYMENTS

The Contractor will be paid monthly on the submission of proper invoices for the services performed during the preceding month. The Contractor shall submit invoices in accordance with FAR 52.232-27 Prompt Payment For Construction Contracts. The Contractor’s monthly invoices shall be submitted to:

314th CONS/LGCA-1

642 Thomas Avenue

Little Rock Air Force Base, AR 72099-4971

3. REMITTANCE ADDRESS

If the remittance address is different than the mailing address, enter the remittance address below. Failure to provide this information may impact payment.

4. ADMINISTRATIVE AUTHORITY

a. The resultant contracts will be administered by the 314th Contracting Squadron. The address, telephone number and fax number of the 314th Contracting Squadron are as follows:

314th CONS/LGCA-1

642 Thomas Avenue

Little Rock Air Force Base, AR 72099-4971

Telephone No.: 501-987-3855

Fax No.: 501-987-8119

b. The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the Contractor effects any such change at the direction of any person other than the CO, the change will be considered made without authority and no adjustment will be made in the contract/delivery order price to cover the increase in the costs incurred as a result thereof.

c. Contractual problems, of any nature, which might occur during the life of the contract, must be handled in conformance with very specific public laws and regulations, (e.g. Federal Acquisition Regulation), and must be referred to the CO for resolution. Only the CO is authorized to formally resolve such problems. Therefore, the Contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO.

d. Any request for contract or delivery order changes/modifications shall be submitted to the CO in writing.

e. The Contractor and the Government may agree to perform a no-cost field change. Field changes are made when the change appears to be mutually beneficial to all parties and would not require changing the negotiated line items. An example of a field change is rerouting the planned location of a sidewalk to avoid a tree (when quantities are not changes). The CO prior to execution must approve all field changes.

f. All correspondence concerning this contract, such a requests for information, explanation of terms and conditions, and contract interpretation shall be submitted to the CO.

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

Information Concerning Bonds

(a) Bid Guarantee. Each bidder/offeror shall submit with his or her bid/offer a Bid Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the government, or other security as provided in contract clause at FAR 52.228-1, in the form of 20 percent of the bid price or $3 million, whichever is less. The bid bond penalty may be expressed in terms of a percentage of the bid price or may be expressed in dollars and cents. (Not required on bids of $25,000 or less.)

(b) Performance and Payment Bonds. Within 10 days after receipt of the signed contract or notice of award, the contractor shall furnish two bonds, each with good and sufficient surety or sureties acceptable to the government; namely a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A). The penal sums of such bonds shall be as follows, but are not required for contracts of $25,000 or less:

(1) Performance Bond. The penal sum of the performance bonds shall equal 100 percent of the contract price.

(2) Payment Bond:

(i) When the contract price is $1 million or less, the penal sum shall be 100 percent of the contract price.

(ii) When the contract price is in excess of $1 million, but not more than $5 million, the penal sum be 40 percent of the contract price.

(iii) When the contract price is more than $5 million, the penal sum shall be $2.5 million.

(c) In determining the penal sum of bonds for requirements contracts, the price payable for the estimated quantity shall be considered the contract price. When determining the penal sum of bonds for indefinite quantity contracts, the minimum quantity or value of the contract, as described in FAR 16.504(a), shall be considered the contract price. When the minimum value of the contract is exceeded, the Government may require additional bond protection in accordance with the guidance at FAR 28.102-2(a) and FAR 28.102-2(b)(2)(b)(2).

(d) Bonds will be furnished by the contractor to the government prior to commencement of contract performance.

Availability of Utilities Services

Notwithstanding the provisions of contract clause FAR 52.236-14, Availability and Use of Utility Services, all reasonable required amounts of water, gas, electricity, etc., essential to contract performance shall be made available, at no cost to the contractor, from existing systems, outlets, and supplies. All temporary connections, outlets, and distribution lines as may be required will be installed by the contractor at the contractor’s own expense.

Utilities Conservation

The contractor will be required to participate in government energy conservation programs. For the purpose of this contract, utilities such as water, electricity, etc., will be furnished by the government at no cost to the contractor. Long distance and Defense Switched Network (DSN) telephone services will not be provided.

Smoking in AETC Facilities

Contractors are advised that the Commander has placed restrictions on the smoking of tobacco products in AETC facilities. AFI 40-102, Tobacco Use in the Air Force, and its AETC supplement 1, outline the procedures used by the commander to control smoking in our facilities. Contractor employees and visitors are subject to the same restrictions as government personnel. Smoking is permitted only in designated smoking areas.

Pre-performance Conference

Offerors/bidders are hereby advised that if they are awarded a contract as a result of this solicitation, they may be required to appear at the 314th Contracting Squadron, 642 Thomas Ave, Little Rock AFB, AR 72099-4971 to attend a pre-performance conference prior to commencement of any work on the military installation.

CLAUSES INCORPORATED BY FULL TEXT

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (JUN 2002)

(a) The contractor shall obtain base identification and vehicle passes for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, a signed Base Entry Authorization form, and a Department of Justice Form I-9 to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-209, the Air Force Resource Protection Program, and AFI 31-501, Personnel Security Program Management, as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

REQUIRED INSURANCE IAW FAR 28.306(b)

Reference FAR clause 52.228-5 entitled “Insurance...” the Contractor shall maintain the minimum insurance limits stated in FAR 28.307-2, at its own expense. The following kinds of insurance with respect to performance under the contract are also required to be maintained by the contractor at all times..

a. Workmen’s Compensation and Employer’s 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 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 required.

PAYMENTS FOR MATERIALS

(a) The payment clause in construction contracts requires the Contracting Officer to make a case-by-case review of a contractor's need for progress payments for materials. Payment for materials will normally not be authorized. If they are authorized, they must be in accordance with paragraphs (b) and (c) below.

(b) It is not the policy of the Air Force to authorize payment for materials except when material represents a large, high cost, single line item(s) versus large quantities of small dollar materials. Examples of low dollar value materials are lumber, paint, miscellaneous electrical or plumbing supplies, etc. To illustrate, the Air Force may authorize a large transformer valued at $20,000 for payment, but will not authorize $17,000 worth of miscellaneous electrical components.

(c) Payment for materials will be limited to major high cost items only. Work and materials must be stored on site and as such, become the property of the Government, but the contractor is responsible for all materials delivered and work performed until completion and acceptance of the entire construction work. Responsibility of safeguarding material until final inspection and acceptance rests with the contractor. Payment for materials in advance of installation must be made on a separate line item on the AF Form 3064, Progress Schedule.

Section I - Contract Clauses

ECONOMIC PRICE ADJUSTMENT

ECONOMIC PRICE ADJUSTMENTS (EPA)

1. (IAW DFARS 216.203-4(d)) and FAR Clause 52.222-30)

a. Unit prices under the following line items options under this contract will be adjusted annually to recognize variations in asphalt type material costs as stated below.

a. The Producer Price Index Industry Data Series ID PCU324121324121 as provided in the

U.S. Department of Labor, Bureau of Labor Statistics will be used to determine adjustments to the contract unit price for options under this contract. To determine the amount of adjustment, the Contracting Officer calculates the change in the index appearing at www.bls.gov published the month prior to the effective date of the option from.

c. Eighty percent (80%) of this variation will be applied to 1001BX-4001BX, 1001BY-4001BY, 1001DA-4001DA, 1001DB-4001DB, 1001DC-4001DC, 1001DD-4001DD, 1001DE-4001DE, 1001DF-4001DF, 1001DG-4001DG, 1001DH-4001DH, 1001DI-4001DI, 1001DJ-4001DJ, 1001DK-4001DK, 1001DL-4001DL, 1001DM-4001DM, 1001DN-4001DN, 1001DO-4001DO, 1001DP-4001DP, 1001DQ-4001DQ, 1001DR-4001DR, 1001DS-4001DS, 1001DT-4001DT, 1001DZ-4001DZ and 1001FB-4001FB.

d. If the website of the index should be discontinued, the parties to the contract will negotiate a replacement index or new contract provision. If a replacement index or contract provision cannot be agreed upon, the Contracting Officer may unilaterally determine the contract adjustment method, and the contractor may dispute the determination under the Disputes Clause, FAR 52.233-1. Adjustments to option contract unit prices must be determined in accordance with the following formulae:

(1) To calculate the New Unit Price:

C

C x f

Where:

C

New Unit Price f

Adjustment Factor; and

C

Line Item Unit Price

(2) To calculate the Adjustment Factor use:

f

((CCIc - CCI) / CCI) x 80% + 1

Where:

CCIc the PPI for the option; and

CCI

the PPI for initial contract award

e. Adjustment calculations for second and subsequent option years will each be based on the contract unit price for the initial contract period.

Examples -- EPA Index Matrix

Action

PPI Index

Adjustment Factor

Unit Price

Contract Award

110.0

N/A

$1.03

Option 1

115.4

1.039

$1.07

Option 2

130.2

1.147

$1.18

Option 3

125.1

1.110

$1.14

Option 4

100.0

.927

$ .96

NOTE: Round calculation results as done in this example.

EPA Calculations

Column 2 - PPI Indices for the options are taken from www.bls.gov published during the month prior to the effective date of the option. The PPI Index for the contract award is the most recent PPI Index published during the month prior to initial contract award.

CLAUSES INCORPORATED BY REFERENCE

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall--

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

(End of clause)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall--

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

(End of clause)

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award, or dates applicable to any options exercised.

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

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

(End of clause)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $250,000;

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

(3) A series of orders from the same ordering office within 7-calendar days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3-calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 REQUIREMENTS (OCT 1995)

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

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

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

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

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

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the latest performance period specified among all remaining open delivery orders.

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

52.222-30 DAVIS-BACON ACT--PRICE ADJUSTMENT (NONE OR SEPARATELY SPECIFIED METHOD) (DEC 2001)

(a) The wage determination issued under the Davis-Bacon Act by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, that is effective for an option to extend the term of the contract, will apply to that option period.

(b) The Contracting Officer will make no adjustment in contract price, other than provided for elsewhere in this contract, to cover any increases or decreases in wages and benefits as a result of-- (1) Incorporation of the Department of Labor's wage determination applicable at the exercise of the option to extend the term of the contract;

(2) Incorporation of a wage determination otherwise applied to the contract by operation of law; or

(3) An increase in wages and benefits resulting from any other requirement applicable to workers subject to the Davis-Bacon Act.

(End of clause)

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

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

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

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

Notice to Employees

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

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

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

National Labor Relations Board

Division of Information

1099 14th Street, N.W.

Washington, DC 20570

1-866-667-6572

1-866-316-6572 (TTY)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (APR 2006)

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

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

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 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.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or United Kingdom);

(2) A Free Trade Agreement country (Australia, Canada, Chile, Mexico, Morocco, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Costa Rica, Dominica, Dominican Republic, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Montserrat, Netherlands Antilles, Nicaragua, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means--

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

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

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

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

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

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American Act restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows: none.

(4) The Contracting Officer may add other foreign construction material to the list…