FA4484-11-R-9999 Bird Netting Solicitation .doc

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Section B - Supplies or Services and Prices

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lump Sum

INSTALL BIRD NETTING PROTECTION SYSTEM,

FFP

INSTALL BIRD NETTING PROTECTION SYSTEM, BLDG 1757 AT MCGUIRE AFB, NJ

FOB: Destination

PURCHASE REQUEST NUMBER: F3A3Q51154AQ01

SIGNAL CODE: A

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lump Sum

INSTALL BIRD NETTING PROTECTION SYSTEM,

FFP

INSTALL BIRD NETTING PROTECTION SYSTEM, BLDG 1751, 1755 AND 1757 AT MCGUIRE AFB, NJ(TWCF FUNDS)

FOB: Destination

PURCHASE REQUEST NUMBER: F3A3Q51154AQ01

SIGNAL CODE: A

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

FOR

BIRD NETTING

BUILDINGS 1751, 1755, and 1757

MCGUIRE AIR FORCE BASE, NEW JERSEY

I. DESCRIPTION OF SERVICES

A. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items necessary to install bird-prevention netting, both inside and outside portions of three (3) buildings; Building 1751, Building 1755, and the Freight Terminal, Building 1757.

B. The repairs to these facilities shall include, but may not be limited to: Power washing and sanitizing all areas where bird droppings are found, and on all areas where bird-repellent materials are to be installed; Installation of ¾-inch mesh bird netting, US Netting Part # Multi use “M”, ¾” x ¾” or approved equal; Upper surfaces of all building components, between or outside of netting areas, shall be covered with bird spikes, bird-repellent gel, electric shock inducement devices, or other suitable materials, as approved by the COR, and; Louvers, vents, and all other vertical building openings, shall be securely covered with bird netting.

C. Bird netting installations to all buildings include support cabling, turnbuckles, plastic ties, zippered access panels under lights or other equipment, and other hardware as required to provide a sturdy, useful, and complete barrier to bird intrusion in the aforementioned buildings; Bird netting to be installed below building roof support beams, tie rods, utility lines, lights, rain downspouts, and other equipment as found.

D. The scope of this project includes Building 1751, 2,834 square feet of netting, Building 1755, 6,852 square feet of netting, and Building 1757, 36,100 square feet of netting, for as total of 45,786 square feet of bird netting. The exact locations of the netting shall be as directed by the Contracting Officer’s Representative (COR).

E. Any adjacent areas dissembled, damaged, or removed by the Contractor during installation shall be properly repaired and reinstalled by the Contractor at no expense to the Government. Any and all debris/ trash generated by this project shall be removed and properly disposed of off-Base by the Contractor. The Contractor or the Contractor Quality Control representative (CQC) shall be on site during duty hours or the hours of work being accomplished. The Contractor shall coordinate the time that work will be accomplished with the points of contact listed below. The Contractor shall be responsible for daily clean up at the work site and complete restoration of the area after completion of the work. All work shall be accomplished in accordance with all Federal, state, and local laws and regulations, applicable building codes and standards, NEC, NFPA, BOCA, & CABO, and OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) codes. A site visit of the facility is required.

II. SPECIAL REQUIREMENTS:

A. No tie lines are to be connected to the Cargo Mover Trolley power supply raceway in Building 1757. Adjust all netting in tension to prevent sagging. All lights above the netting shall have netting access panels installed, large enough to provide lamp-changing or equipment repair access, and fastened with zippers.

B. The netting installation work shall not interfere with ongoing cargo operations. The work site shall remain clean and clutter free since this area is an active employment site. All dumpsters or other containers for trash and debris shall be located in areas designated by the building manager and shall be subject to removal and / or relocation at the building manager’s request. These requirements shall not impact the performance period.

III. BASE ENTRY:

A. The Contractor shall obtain the necessary passes and /or identification for entry into McGuire Air Force Base and Fort Dix for all employees prior to commencement of work. The Government reserves the right to refuse to issue an entrance pass to any employee for any reason deemed valid by the Government.

B. The Contractor shall be required to provide the Security Forces with vehicle registration(s), proof(s) of insurance, driver license(s), and a picture ID(s) to obtain a pass for entry onto the base. The Pass and Registration building is located inside the twenty-four (24) hour gate right off of Wrightstown / Cookstown Rd. The commercial vehicle entry point is at Gate 9, Fort Dix, on Saylors Pond Road (State Road 670), Wrightstown, NJ.

IV. SECURITY FORCE AND FIRE PROTECTION:

The Base Security Police telephone number is 609-754-2001 and the Base Fire Department telephone number is 911 for reporting a fire. General information telephone number is 609-754-3326.

V. PERFORMANCE PERIOD:

All work shall be completed within a forty-five (45) calendar day period, excluding holidays.

VI. INSPECTION / ACCEPTANCE OF PROJECT COMPLETION:

A final inspection will be scheduled upon completion of all work. Contact the Government Quality Assurance Evaluator one (1) day prior to completion of each building for an inspection visit.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Destination
Government
Destination
Government
0002
Destination
Government
Destination
Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
UIC
0001
45 dys. ADC
1
87 CES/CEO-F3A3Q5

3104 VANDENBERG AVE

MCGUIRE AFB NJ 08641

609-754-5483

FOB: Destination F3A3Q5

0002
45 dys. ADC
1
(SAME AS PREVIOUS LOCATION)

FOB: Destination F3A3Q5

Section G - Contract Administration Data

WIDE AREA WORKFLOW

WIDE AREA WORK FLOW (WAWF) PROGRAM

In March 2003, the Department of Defense Federal Acquisition Supplement (DFARS) subpart 232.70 – Electronic Submission and Processing of Payment Requests was issued. In accordance with this, we are excited about the deployment of a new system, Wide Are Work Flow Receipt and Acceptance (WAWF-RA). This Electronic Commerce (E-Commerce) system will benefit both you and the Air Force as we partner with each other in the implementation of this new way of conducting business. It is also important to note that in addition to this, the Department of Defense (DoD) Appropriations Act of 2001, Section 1008 - Electronic Submission and Processing of Claims for Contract Payments, requires that any claim for payment under a DoD contract shall be submitted in electronic form. The full text is found on the Defense Finance and Accounting Service (DFAS) web site http://www.dod.mil/dfas/legislative/ and in 10 U.S.C Chapter 131.

WAWF-RA is designed to automate commercial invoices and government receiving reports in a web-based, paperless environment. WAWF-RA allows vendors to create and instantaneously submit invoices and receiving reports directly to DFAS and/or government receivers from any location in the world. Once documents are submitted, vendors are afforded full viewing capability and are able to monitor document status from submission to acceptance and processing by the DFAS payment office. WAWF-RA utilizes e-mail to notify all parties involved in the payment process of the current status of each document; thus eliminating U.S. mail lag-time.

Since documents will now be entered and stored in a database, there is no need for multiple copies. They cannot be “lost” or “misplaced”, and are viewable by all necessary parties during the entire payment process via a secure web site. Changes to rejected documents can be easily made and resubmitted on-line - - no more re-typing, resending, or re-faxing. Discounts become available on the first day of the discount period instead of being lost due to paperwork shuffling and postal delays. WAWF-RA should speed up the vendor payment process and get you your money faster.

McGuire AFB began using testing this new system in February 2004 and plans to fully implement it by April 2004. There are no costs involved to get you started. Registration and software are provided FREE OF CHARGE and we will be available to assist you in every step of the way. To get started, your company will need a user ID and password for accessing the WAWF-RA system. This can be obtained by visiting the WAWF-RA website at https://wawf.eb.mil/ and following the instructions under Help with registration for access to WAWF-RA. Under About WAWF – RA, you will also find links for Functional Information, Setting Up Your Machine, Accessing Web Based Training, and Frequently Asked Questions. Additionally, we have attached a Wide Area work Flow – Receipt and Acceptance (WAWF-RA) Vendor Instructions, Installation, and Registration Checklist. Should you have questions about the WAWF-RA system or the website, please don’t hesitate to contact a Defense Information Systems Agency (DISA) customer support representative toll-free at 1-866-618-5988 or e-mail them at cscassig@ogden.disa.mil. (Please include “WAWF” in the subject line of all e-mail requests.)

Attachment:

WAWF-RA Vendor Instructions, Installation, and Registration Checklist

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) 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 CCR Helpdesk, 888-227-2423 or 269-961-4725, 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 bid on goods or services in support of 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 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. Determine if your organization will designate a Group Administrator (GAM) (Proceed to paragraph 5 if you are not going to designate a GAM).

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

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

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

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

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

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

5. Establish an organizational email 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 email notification to applicable individuals identified in the firm’s organizational email account.

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

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

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

6. 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.

7. Have all users self-register on the WAWF-RA web site

· Every user for your firm must self-register on the WAWF-RA web site by completing the online 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: Operational 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 email from the EB POC/GAM as registered in the CCR data- base.

8. Follow-up (if necessary).

· If your (GAM or user) account hasn't been activated within 2 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

Email: cscassig@ogden.disa.mil Note: Reference "WAWF" in email Subject line.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1
Definitions
JUL 2004
52.203-2
Certificate Of Independent Price Determination
APR 1985
52.203-6
Restrictions On Subcontractor Sales To The Government
SEP 2006
52.203-7
Anti-Kickback Procedures
OCT 2010
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
52.203-11
Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions
SEP 2007
52.203-12
Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.204-4
Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7
Central Contractor Registration
APR 2008
52.204-9
Personal Identity Verification of Contractor Personnel
JAN 2011
52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards
JUL 2010
52.209-6
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
DEC 2010
52.215-8
Order of Precedence--Uniform Contract Format
OCT 1997
52.215-14
Integrity of Unit Prices
OCT 2010
52.219-6
Notice Of Total Small Business Set-Aside
JUN 2003
52.219-8
Utilization of Small Business Concerns
JAN 2011
52.222-3
Convict Labor
JUN 2003
52.222-5
Davis-Bacon Act--Secondary Site of the Work
JUL 2005
52.222-6
Davis Bacon Act
JUL 2005
52.222-7
Withholding of Funds
FEB 1988
52.222-8
Payrolls and Basic Records
JUN 2010
52.222-9
Apprentices and Trainees
JUL 2005
52.222-10
Compliance with Copeland Act Requirements
FEB 1988
52.222-11
Subcontracts (Labor Standards)
JUL 2005
52.222-12
Contract Termination-Debarment
FEB 1988
52.222-13
Compliance with Davis-Bacon and Related Act Regulations.
FEB 1988
52.222-14
Disputes Concerning Labor Standards
FEB 1988
52.222-15
Certification of Eligibility
FEB 1988
52.222-21
Prohibition Of Segregated Facilities
FEB 1999
52.222-26
Equal Opportunity
MAR 2007
52.222-35
Equal Opportunity for Veterans
SEP 2010
52.222-36
Affirmative Action For Workers With Disabilities
OCT 2010
52.222-37
Employment Reports on Veterans
SEP 2010
52.222-50
Combating Trafficking in Persons
FEB 2009
52.223-5
Pollution Prevention and Right-to-Know Information
MAY 2011
52.223-6
Drug-Free Workplace
MAY 2001
52.223-18
Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-10
Notice of Buy American Act Requirement--Construction Materials
FEB 2009
52.225-13
Restrictions on Certain Foreign Purchases
JUN 2008
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
52.228-13
Alternative Payment Protections
JUL 2000
52.232-5
Payments under Fixed-Price Construction Contracts
SEP 2002
52.232-23
Assignment Of Claims
JAN 1986
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
52.236-1
Performance of Work by the Contractor
APR 1984
52.236-5
Material and Workmanship
APR 1984
52.236-7
Permits and Responsibilities
NOV 1991
52.236-14
Availability and Use of Utility Services
APR 1984
52.236-26
Preconstruction Conference
FEB 1995
52.242-14
Suspension of Work
APR 1984
52.243-5
Changes and Changed Conditions
APR 1984
52.246-21
Warranty of Construction
MAR 1994
52.249-1
Termination For Convenience Of The Government (Fixed Price) (Short Form)
APR 1984
52.252-2
Clauses Incorporated By Reference
FEB 1998
252.201-7000
Contracting Officer's Representative
DEC 1991
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
JAN 2009
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
JAN 2009
252.204-7004 Alt A
Central Contractor Registration (52.204-7) Alternate A
SEP 2007
252.204-7006
Billing Instructions
OCT 2005
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
MAR 2008

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 45 days after the contractor receives the notice to proceed. * The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(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/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 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 238190- assigned to contract number .

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

(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)

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS

MATERIALS (APR 1993)

(a) "Definitions".

As used in this clause --

(1) "Storage" means a non-transitory, semi-permanent or permanent holding, placement, or leaving of material. It does not include a temporary accumulation of a limited quantity of a material used in or a waste generated or resulting from authorized activities, such as servicing, maintenance, or repair of Department of Defense (DoD) items, equipment, or facilities.

(2) "Toxic or hazardous materials" means:

(i) Materials referred to in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 (42 U.S.C. 9601(14)) and materials designated under section 102 of CERCLA (42 U.S.C. 9602) (40 CFR part 302);

(ii) Materials that are of an explosive, flammable, or pyrotechnic nature; or

(iii) Materials otherwise identified by the Secretary of Defense as specified in DoD regulations.

(b) In accordance with 10 U.S.C. 2692, the Contractor is prohibited from storing or disposing of non-DoD-owned toxic or hazardous materials on a DoD installation, except to the extent authorized by a statutory exception to 10 U.S.C. 2692 or as authorized by the Secretary of Defense or his designee.

(End of clause)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

Reference Statement of Work, Section C

(End of clause)

AFFARS 5352.201-9101

OMBUDSMAN (AUG 2005)

(a) An ombudsman has been appointed to consider and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. The ombudsman may not serve as an advocate for any party.

(b) Before consulting with an ombudsman, concerned parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. Ms. Carolyn Choate, HQ AMC/A7K, 507 Symington Drive, Scott AFB IL 62225-5022, (618) 229-0267, fax (618) 256-6668, email: carolyn.choate@us.af.mil.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

(End of clause)

5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS).

As prescribed in 5323.804, insert the following clause in solicitations and contracts:

ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS)

(MAY 1996)

(a) It is Air Force policy to preserve mission readiness while minimizing dependency on Class I Ozone Depleting Substances (ODS), and their release into the environment, to help protect the Earth's stratospheric ozone layer.

(b) Unless a specific waiver has been approved, Air Force procurements:

(1) May not include any specification, standard, drawing, or other document that requires the use of a Class I ODS in the design, manufacture, test, operation, or maintenance of any system, subsystem, item, component, or process; and

(2) May not include any specification, standard, drawing, or other document that establishes a requirement that can only be met by use of a Class I ODS;

(c) For the purposes of Air Force policy, the following are Class I ODS:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and

(3) Other Controlled Substances: Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

(d) The Air Force has reviewed the requirements specified in this contract to reflect this policy. Where considered essential, specific approval has been obtained to require use of the following substances:

Substance Application Use Quantity (lbs.)

“NONE”

(e) To assist the Air Force in implementing this policy, the offeror/contractor is required to notify the contracting officer if any Class I ODS not specifically listed above is required in the performance of this contract.

(End of clause)

5352.242-9000 Contractor access to Air Force installations.

As prescribed in 5342.490-1, insert a clause substantially the same as the following clause in solicitations and contracts:

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, and State Police Background Check 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 31-101, Volume 1, The Air Force Installation Security 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.

(End of clause)

Section J - List of Documents, Exhibits and Other Attachments

Exhibit/Attachment Table of Contents

DOCUMENT TYPE
DESCRIPTION
PAGES
DATE
Attachment 1
Attachment 1 Wage Determination
14
Attachment 2
Security Forces Appendix
22

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY REFERENCE

52.209-2
Prohibition on Contracting with Inverted Domestic Corporations--Representation
MAY 2011
52.209-10
Prohibition on Contracting With Inverted Domestic Corporations
MAY 2011
52.222-22
Previous Contracts And Compliance Reports
FEB 1999
52.222-38
Compliance With Veterans' Employment Reporting Requirements
SEP 2010
52.236-28
Preparation of Proposals--Construction
OCT 1997
252.204-7007 Alt A
Annual Representations and Certifications Alternate A
JAN 2011

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238190.

(2) The small business size standard is $14M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (d) applies.

(__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran--Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

------(i) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

------(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

------(iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

------(iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

------(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

------(vi) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(vii) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

------(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifyingchange by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of Provision)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238190.

(2) The small business size standard is $14M.

(3)…

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