FA4486-10-R-0016 Solicitation.pdf

Simplif ied Acquisition for Base Engineering Requirements (SABER)

PROJECT MAGNITUDE IS BETWEEN $10,000,000.00 AND $25,000,000.00

MINIMUM GUARANTEE FOR THIS CONTRACT IS $2000.00

MAXIMUM CONTRACT AMOUNT FOR THE BASIC CONTRACT PERIOD AND EACH OPTION PERIOD EXERCISED SHALL NOT EXCEED AN

AGGREGATE OF $25,000,000

THIS ACQUISITION IS FOR AN INDEFINITE DELIVERY INDEFINITE QUANTITY TYPE CONTRACT

THE GOVERNMENT INTENDS TO MAKE ONE AWARD.

A PREPROPOSAL CONFERENCE WILL BE HELD ON 5 JAN 2011 AT 1300. THE CONFERENCE WILL TAKE PLACE AT 65TH CONTRACTING SQ, BUILDING T-615. NO MORE THAN TWO REPRESENTATIVES FROM A SINGLE COMPANY SHALL BE ALLOWED. PLEASE SUBMIT NAMES, CONTACT INFORMATION TO CHARLES.KENDALL@LAJES.AF.MIL AND ANTHONY.WEISS@LAJES.AF.MIL NO LATER THAN 29 DEC 2010 FOR ACCESS TO THE BASE. NAMES NOT RECEIVED PRIOR TO 29 DEC 10 MAY NOT BE ALLOWED TO ENTER THE BASE.

ANTHONY C. WEISS 011-351-295-57-3107

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

22-Dec-2010

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________21 Jan 2011 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

65 CONS/LGCA

65TH CONTRACTING SQUADRON

APO AE 09720-7775

FA4486

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

011-351-295-573758FAX:TEL: 011-351-295-571468 TEL: FAX:

FA4486-10-R-0016 45

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

FA4486-10-R-0016

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lump Sum

SABER ID/IQ - Basic Contract Period

FFP

See Attached Bid Schedule FOB: Destination

NSN: Z199-00-000-0001

SIGNAL CODE: A

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

1001 1 Lump

OPTION SABER ID/IQ - First Option Period

See Attached Bid Schedule FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

2001 1 Lump

OPTION SABER ID/IQ - Second Option Period

See Attached Bid Schedule FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

3001 1 Lump

OPTION SABER ID/IQ - Third Option Period

See Attached Bid Schedule FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

4001 1 Lump

OPTION SABER ID/IQ - Fourth Option Period

See Attached Bid Schedule FOB: Destination

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,000.00 $25,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

SCHEDULE

SABER COEFFICIENT SCHEDULE

Description: The contractor shall furnish all personnel, equipment, tools, materials, supervision, design services, and other items and services necessary to design, manage, and accomplish a broad range of maintenance, repair, alteration, and/or new construction work on various real property facilities in accordance with the specification for Simplified Acquisition of Base Engineer Requirements (SABER) dated 14 Dec 2010.

Basic Contract Period*: 1 Mar 2011 - 29 Feb 2012

Description Estimated Price

** Price Coefficient *** Estimated Total Small Projects: All task orders with a project magnitude under $250,000.00 Standard Hours **** $3,400,000.00 _________________ _________________

Small Projects: All task orders with a project magnitude under $250,000.00 Non-Standard Hours **** $100,000.00 _________________ _________________

Large Projects: All task orders with a project magnitude above $250,000.01 Standard Hours $1,200,000.00 _________________ _________________ Large Projects: All task orders with a project magnitude above $250,000.01 Non-Standard Hours $250,000.00 _________________ _________________

Non-Priced Items (NPI): Government will pay actual cost of NPI plus coefficient. $50,000.00 _________________ _________________

First Option Period*: 1 Mar 2012 - 28 Feb 2013

Estimated Price

** Price Coefficient *** Estimated Total

Small Projects: All task orders with a project magnitude under $250,000.00 Standard Hours $3,400,000.00 _________________ _________________ Small Projects: All task orders with a project magnitude under $250,000.00 Non-Standard Hours $100,000.00 _________________ _________________

Large Projects: All task orders with a project magnitude above $250,000.01 Standard Hours $1,200,000.00 _________________ _________________ Large Projects: All task orders with a project magnitude above $250,000.01 Non-Standard Hours $250,000.00 _________________ _________________

Second Option Period*: 1 Mar 2013 - 28 Feb 2014

Estimated Price

** Price Coefficient *** Estimated Total

Small Projects: All task orders with a project magnitude under $250,000.00 Standard Hours $3,400,000.00 _________________ _________________ Small Projects: All task orders with a project magnitude under $250,000.00 Non-Standard Hours $100,000.00 _________________ _________________

Large Projects: All task orders with a project magnitude above $250,000.01 Standard Hours $1,200,000.00 _________________ _________________ Large Projects: All task orders with a project magnitude above $250,000.01 Non-Standard Hours $250,000.00 _________________ _________________

Third Option Period*: 1 Mar 2014 - 28 Feb 2015

Estimated Price

** Price Coefficient *** Estimated Total

Small Projects: All task orders with a project magnitude under $250,000.00 Standard Hours $3,400,000.00 _________________ _________________ Small Projects: All task orders with a project magnitude under $250,000.00 Non-Standard Hours $100,000.00 _________________ _________________

Large Projects: All task orders with a project magnitude above $250,000.01 Standard Hours $1,200,000.00 _________________ _________________ Large Projects: All task orders with a project magnitude above $250,000.01 Non-Standard Hours $250,000.00 _________________ _________________

Fourth Option Period*: 1 Mar 2015 - 29 Feb 2016

Estimated Price

** Price Coefficient *** Estimated Total

Small Projects: All task orders with a project magnitude under $250,000.00 Standard Hours $3,400,000.00 _________________ _________________ Small Projects: All task orders with a project magnitude under $250,000.00 Non-Standard Hours $100,000.00 _________________ _________________

Large Projects: All task orders with a project magnitude above $250,000.01 Standard Hours $1,200,000.00 _________________ _________________ Large Projects: All task orders with a project magnitude above $250,000.01 Non-Standard Hours $250,000.00 _________________ _________________

* The definitive beginning and ending dates for the contract period will be identified on the award document based on “actual” award dates. The option year dates shall run for 12 consecutive months following the last day of the previous contract period.

** The estimated price is not a guarantee award amount and will be used to evaluate the offeror's coefficient proposal only.

*** Coefficient should include (as cited in the contract) all contractor costs not included in the total of all the line item bare costs for a particular delivery order, this includes but is not necessarily limited to: all site and home office overhead and profit, bonds, insurance, mobilization and demobilization, daily and final cleanup, payroll taxes, gross receipts tax, general conditions, general and administrative expenses, wage differences between RS MEANS and local labor rates, special clothing for workers, on and off site storage, proposal development and negotiation (including minimal design and submittals), site superintendence, quality control, routine security delays, subcontractors overhead and profit.

**** Standard Hours are defined as 0800 - 1700 local time. Non-Standard Hours are work outside of 0800 - 1700

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 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-MAR-2011 TO

29-FEB-2012

N/A 65 CES/CERF - F2N33Q

JOSE MENESES

BASE CIVIL ENGINEERING

BLDG T-570

APO AE 09720

011-351-295-573495 FOB: Destination

F2N33Q

1001 POP 01-MAR-2012 TO

28-FEB-2013

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-MAR-2013 TO

28-FEB-2014

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-MAR-2014 TO

28-FEB-2015

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-MAR-2015 TO

29-FEB-2016

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.211-13 Time Extensions SEP 2000 52.242-14 Suspension of Work APR 1984

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 29 Feb 2012, in addition, any period of performance resulting from the exercise of options.

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 specified on each individual task order 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.

Section G - Contract Administration Data

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 1 Mar 2011 through 29 Feb 2012, in addition, any period of performance resulting from the exercise of options.

(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.

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 $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $750,000.00;

(2) Any order for a combination of items in excess of $5,000,000.00; or

(3) A series of orders from the same ordering office within 60 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 10 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.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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 29 Feb 2012 or any completion date resulting from exercised options.

Section H - Special Contract Requirements

SPECIAL INSTRUCTIONS

INSTRUCTION

DEPARTAMENTO DA FORÇA AÉREA NORTE

AMERICANA ESTACIONADA NAS LAJES-AÇORES

CONTRIBUINTE No. 912002697

IVA - REGIME DE ISENÇÃO

No.8 DO ARTIGO 28 DO CIVA, ABRANGIDO PELO

ARTIGO IX DO ANEXO I DO ACORDO TECNICO

ESTABELECIDO ENTRE PORTUGAL E OS

ESTADOS UNIDOS DA AMERICA.

Translation:

Department of the U.S. Air Force” stationed at Lajes – Azores Tax ID No. 912002697 IVA – Regime of Exemption (Exemption of Tax) Number 8 of Article 28 of the CIVA, in conjunction with Article 9 of Annex 1 of the Technical Agreement established between Portugal and the United States of America.

1. REQUIRED DATE FOR SUBMITTALS

a) Material submittals as required by Contract clause “Material and Workmanship” are specified in the Technical Specifications.

b) The Contractor shall submit Material Submittals within 10 calendar days after receipt of the Notice-to-Proceed (NTP), or as otherwise specified on the AF Form 66. (Schedule of Material Submittals).

c) All Material Submittals shall be prepared and submitted using AF Form 3000.

d) In the event the Contractor cannot meet the established dates for submission of Material Submittals, he will advise the Contracting Officer in writing and arrange a mutually acceptable date that will not delay progress of work.

2. LEGAL HOLIDAYS

This base observes the following legal holidays:

Portuguese Mardi Gras Variable Good Friday Variable Day of Liberty 25 April Day of the Worker 1 May Holy Spirit Monday Variable Corpus Christi Variable Day of Portugal 10 June Praia da Vitoria Day 11 August Assumption Day 15 August Founding of the Republic 5 October All Saint’s Day 1 November Restoration of Independence 1 December Immaculate Conception 8 December

Shared *Christmas Day 25 December *New Year’s Day 01 January

U.S.

Martin Luther King’s Birthday 3rd Monday in January

President’s Day 3rd Monday in February Memorial Day Last Monday in May *Independence Day 04 July Labor Day 1st Monday in September Columbus Day 2nd Monday in October *Veteran’s Day 11 November Thanksgiving Day 4th Thursday in November

(*) NOTE: Any of the above holidays falling on a Saturday will be observed on the preceeding Friday. Holidays falling on a Sunday will be observed on the following Monday.

3. LABOR LAWS OF HOST COUNTRY

Contractors shall comply with all of the applicable labor laws of Portugal.

4. CONDUCT OF CONTRACTOR PERSONNEL/DEPENDENTS

(a) The contractor shall report to the contracting officer, immediately upon receipt of and/or discovery, any and all information, whether or not verified, relating to physical security incidents, misconduct, crimes, and misdemeanors, including but not limited to murder; arson; larceny of any weapon, ammunition, or explosives; larceny of other property; robbery; burglary; narcotics and dangerous drugs; destruction of Government property; fraud;

malfeasance and misfeasance; sabotage; subversions; disaffections; treason; espionage. The contractor shall recognize and comply with the rules and regulations promulgated by the foreign country where the work is to be performed to the extent required by pertinent international agreements.

b) In the event that it becomes necessary for the contracting officer to remove any contractor personnel/dependents for any of the above stated reasons, the contractor shall bear all costs associated with such removal, including the costs for the replacement of any personnel so removed. The contractor shall provide the contracting officer with a list of all personnel performing work under this contract and the name of a responsible individual who may be contacted twenty-four (24) hours a day whenever questions or problems arise concerning their personnel.

5. REQUIRED INSURANCE

a) The Contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance as required by Portuguese Law:

1) Insurance applicable to civil construction.

2) Portuguese Law #2127, Labor Accidents 3 Aug 65

3) Automobile liability

b) The Contractor shall also procure and maintain during the entire period of performance under this contract insurance to cover injuries to persons or damage to property that may occur in Portuguese territory as a result of acts or omissions done in the performance of duty by their employees.

NOTE: Full text of the Portuguese Laws may be accessed electronically at this address:

http://www.dr.incm.pt/dr/default.asp

6. CONTRACTOR GENERATED REFUSE

a) All Contractor generated refuse and waste shall be hauled from the construction site daily to a disposal area to be selected by the Contractor and shall be located outside the physical boundaries of the installation. This refuse and waste material shall be hauled in trucks with tight fitting covers to prevent spillage on roadways. The construction site shall be kept neat, orderly, and safe for workmen at all times.

b) The contractor shall take positive action to prevent work-generated refuse from entering the sewer system.

7. HOURS OF WORK

The normal hours of work on Lajes Field, unless otherwise stated, are from 8:00a.m. to 5:00p.m, Monday through Friday, excluding holidays (identified under LEGAL HOLIDAYS in Section H.) For work during other than normal hours of work, the Contractor shall submit, in writing, for the Contracting Officer's approval, a notice of any period of scheduled work at times other than the normal hours of work specified above. This notice shall be submitted IAW the Statement of Work and Specifications.

8. SAFETY BARRICADES AND WARNING SIGNS

Adequate barricades and warning signs shall be furnished, installed, and maintained by the contractor for indoor and outdoor hazards related to the subject construction in accordance with the contract clause 52.236-13 in Section I.

9. EMPLOYEE RECRUITING (PORTUGUESE NATIONALS):

It is the Contractor's responsibility to comply with the following requirements for Portuguese National employees.

a) The Contractor, using his own contracting forms, may contract directly with, or request assistance from the Civilian Personnel office, civilian recruitment section, Headquarters Azores Air Command (SRPC, HAAZ), in contracting Portuguese National employees. The Contractor's contract form must include, as a minimum, the following: name, social welfare number, date and place of birth, residence (village and council), parent's name,marital status, spouse's maiden name, professional degree or skill, salary, meal and transportation allowances.

b) It will be the Contractor's responsibility once he has obtained his employees, to clear them through SRPC/HAAZ in order for them to gain access to this installation.

c) The Contractor shall request on SRPC/HAAC forms the number of passes needed. A pass will be issued to each employee. The employee will proceed with the pass directly to the Portuguese Air Police Identification Section at the Main Gate for proper clearance and return to SRPC/HAAZ to have the pass laminated.

d) The Contractor shall inform SRPC/HAAZ when the contract period of performance is changed and return all passes to SRPC/HAAC upon completion of the contract.

e) Failure to comply with paragraph (b) or (c) of this clause may result in the denial of entrance to this installation.

f) U.S. citizens and Third Nation personnel, who are residents of Terceira Island at the time they are hired by the Contractor, must comply with the Portuguese Laws regarding work permits. It is the responsibility of the Contractor to insure compliance with these laws. Failure to do so may result in the employee being denied access to Lajes Field.

10. RECORD DRAWINGS

Record drawings showing existing underground utilities are located in Building 570, Lajes Field, Azores, Portugal.

Contractor shall call 011-351-295-57-6828 for record drawings, the POC is Antonio Avila at 65 CES/CECN. Any utility lines shown on the record drawings (or made known to the Contractor) and damaged during construction work, will be repaired immediately by the Contractor at no cost to the Government.

11. GREEN PROCUREMENT

Compliance with the Green Procurement (GP) requirements of Executive Order (EO) 13148 is mandatory.

Additional requirements set forth by Section 6002 of the Resource Conservation Recovery Act (RCRA), Section 9002 of the Farm Security and Rural Investment Act of 2002, and Executive Order 13101 are also mandatory.

Special attention should be paid to Contract Provision FAR 52.223-4 “Recovered Material Certification” and Contract Clauses FAR 52.223-9 “Estimate of Percentage of Recovered Material Content for EPA Designated Products” and FAR 52.223-10 “Waste Reduction Program”. The contractor is required to use recycled-content and bio-based products as identified in the contract specifications and drawings; however, their use must not delay the progress of the work and must not be cost prohibitive. Materials and products provided in the completion o fthis contract must meet the requirements of the Statement of Work/Specifications. Recycled-content products are identified in the Environmental Protection Agency’s Comprehensive Procurement Guidelines (CPGs). The United States Department of Agriculture designates bio-based products. EPA guideline items and USDA designated bio-based products are seen as the minimum that should be considered when evaluating environmentally preferable materials. Other environmentally preferable materials and products not listed, but commonly used in industry outside of the government, should also be considered. Submittals of material and product lists for all recycled content items should list the recycled and recovered materials used and the percentage content (by weight).

Covered products and their associated descriptions can be viewed at: http://www.epa.gov/cpg/products.htm.

Contractors should follow the links regarding whether products count as “U.S. EPA-designated” or what the required recycled content for the product(s).

EPA COMPREHENSIVE PROCUREMENT GUIDELINE (CPG)

Construction Products Landscaping Products Nonpaper Office Products Paper and Paper Products Park and Recreation Products Transportation Products Vehicular Products Miscellaneous Products

Section I - Contract Clauses

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration APR 2008 52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.215-2 Audit and Records--Negotiation MAR 2009 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Cost or Pricing Data--

Modifications

OCT 1997

52.215-13 Subcontractor Cost or Pricing Data--Modifications OCT 1997 52.215-21 Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data--Modifications

OCT 1997

52.222-50 Combating Trafficking in Persons FEB 2009 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003 52.223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items

MAY 2008

52.223-14 Toxic Chemical Release Reporting AUG 2003 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984 52.229-6 Taxes--Foreign Fixed-Price Contracts JUN 2003 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-17 Interest OCT 2008 52.232-18 Availability Of Funds APR 1984 52.232-27 Prompt Payment for Construction Contracts OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984

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

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items APR 2010 52.245-1 Government Property JUN 2007 52.245-9 Use And Charges JUN 2007 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction SEP 2006 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (May 2004) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

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

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.215-7000 Pricing Adjustments DEC 1991 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7012 Preference For Certain Domestic Commodities DEC 2008 252.225-7041 Correspondence in English JUN 1997 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days prior to expiration of the contract.

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 66 months.

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT

(FEB 2000)

In the event of inconsistency between any terms of this contract and any translation into another language, the English language meaning shall control.

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

The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty-five (25) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the

Contracting Officer determines that the reduction would be to the advantage of the Government.

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by N/A.

(b) Weather conditions :

Average Monthly High & Low Temperatures (Farenheit)

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

62 / 54 62 / 53 62 / 54 64 / 55 67 / 57 71 / 61 75 / 65 77 / 67 76 / 66 71 / 62 67 / 59 64 / 56

Historical Average Monthly Rainfall (inches)

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

5.2 4.9 4.8 2.9 2.1 1.8 1.5 1.9 3.2 5.3 5.0 5.6

(c) Transportation facilities NONE.

(d) NONE.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (MAR 2006)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from 65th Air Base Wing, Force Protection at DSN 535-3015 or Comm: 011-351-295-57-3015.

252.229-7001 TAX RELIEF (JUN 1997)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: _________________________________ (Offeror Insert)

RATE (PERCENTAGE): ________________(Offeror Insert)

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes.

The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

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.

Drawings to be specified on individual task orders.

252.236-7005 AIRFIELD SAFETY PRECAUTIONS. (DEC 1991)

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

(1) "Landing areas means" --

(i) The primary surfaces, comprising the surface of the runway, runway shoulders, and lateral safety zones. The length of each primary surface is the same as the runway length. The width of each primary surface is 2,000 feet (1,000 feet on each side of the runway centerline);

(ii) The "clear zone" beyond the ends of each runway, i.e., the extension of the primary surface for a distance of 1,000 feet beyond each end of each runway;

(iii) All taxiways, plus the lateral clearance zones along each side for the length of the taxiways (the outer edge of each lateral clearance zone is laterally 250 feet from the far or opposite edge of the taxiway, e.g., a 75-foot-wide taxiway would have a combined width of taxiway and lateral clearance zones of 425 feet); and

(iv) All aircraft parking aprons, plus the area 125 feet in width extending beyond each edge all around the aprons.

(2) "Safety precaution" areas means those portions of approach-departure clearance zones and transitional zones where placement of objects incident to contract performance might result in vertical projections at or above the approach-departure clearance, or the transitional surface.

(i) "The approach-departure clearance surface" is an extension of the primary surface and the clear zone at each end of each runway, for a distance of 50,000 feet, first along an inclined (glide angle) and then along a horizontal plane, both flaring symmetrically about the runway centerline extended.

(A) The inclined plane (glide angle) begins in the clear zone 200 feet past the end of the runway (and primary surface) at the same elevation as the end of the runway. It continues upward at a slope of 50:1 (1 foot vertically for each 50 feet horizontally) to an elevation of 500 feet above the established airfield elevation. At that point the plane becomes horizontal, continuing at that same uniform elevation to a point 50,000 feet longitudinally from the beginning of the inclined plane (glide angle) and ending there.

(B) The width of the surface at the beginning of the inclined plane (glide angle) is the same as the width of the clear zone. It then flares uniformly, reaching the maximum width of 16,000 feet at the end.

(ii) The "approach-departure clearance zone" is the ground area under the approach-departure clearance surface.

(iii) The "transitional surface" is a sideways extension of all primary surfaces, clear zones, and approach-departure clearance surfaces along inclined planes.

(A) The inclined plane in each case begins at the edge of the surface.

(B) The slope of the incline plane is 7:1 (1 foot vertically for each 7 feet horizontally). It continues to the point of intersection with the --

(1) Inner horizontal surface (which is the horizontal plane 150 feet above the established airfield elevation); or

(2) Outer horizontal surface (which is the horizontal plane 500 feet above the established airfield elevation), whichever is applicable.

(iv) The "transitional zone" is the ground area under the transitional surface. (It adjoins the primary surface, clear zone, and approach-departure clearance zone.)

(b) General. (1) The Contractor shall comply with the requirements of this clause while --

(i) Operating all ground equipment (mobile or stationary);

(ii) Placing all materials; and

(iii) Performing all work, upon and around all airfields.

(2) The requirements of this clause are in addition to any other safety requirements of this contract.

(c) The Contractor shall -

(1) Report to the Contracting Officer before initiating any work;

(2) Notify the Contracting Officer of proposed changes to locations and operations;

(3) Not permit either its equipment or personnel to use any runway for purposes other than aircraft operation without permission of the Contracting Officer, unless the runway is -

(i) Closed by order of the Contracting Officer; and

(ii) Marked as provided in paragraph (d)(2) of this clause;

(4) Keep all paved surfaces, such as runways, taxiways, and hardstands, clean at all times and, specifically, free from small stones which might damage aircraft propellers or jet aircraft;

(5) Operate mobile equipment according to the safety provisions of this clause, while actually performing work on the airfield. At all other times, the Contractor shall remove all mobile equipment to locations -

(i) Approved by the Contracting Officer;

(ii) At a distance of at least 750 feet from the runway centerline, plus any additional distance; and

(iii) Necessary to ensure compliance with the other provisions of this clause; and

(6) Not open a trench unless material is on hand and ready for placing in the trench. As soon as practicable after material has been placed and work approved, the Contractor shall backfill and compact trenches as required by the contract. Meanwhile, all hazardous conditions shall be marked and lighted in accordance with the other provisions of this clause.

(d) Landing areas. The Contractor shall -

(1) Place nothing upon the landing areas without the authorization of the Contracting Officer;

(2) Outline those landing areas hazardous to aircraft, using (unless otherwise authorized by the Contracting Officer) red flags by day, and electric, battery-operated low-intensity red flasher lights by night;

(3) Obtain, at an airfield where flying is controlled, additional permission from the control tower operator every time before entering any landing area, unless the landing area is marked as hazardous in accordance with paragraph (d)(2) of this clause;

(4) Identify all vehicles it operates in landing areas by means of a flag on a staff attached to, and flying above, the vehicle. The flag shall be three feet square, and consist of a checkered pattern of international orange and white squares of 1 foot on each side (except that the flag may vary up to ten percent from each of these dimensions);

(5) Mark all other equipment and materials in the landing areas, using the same marking devices as in paragraph (d)(2) of this clause; and

(6) Perform work so as to leave that portion of the landing area which is available to aircraft free from hazards, holes, piles of material, and projecting shoulders that might damage an airplane tire.

(e) Safety precaution areas. The Contractor shall -

(1) Place nothing upon the safety precaution areas without authorization of the Contracting Officer;

(2) Mark all equipment and materials in safety precaution areas, using (unless otherwise authorized by the Contracting Officer) red flags by day, and electric, battery-operated, low-intensity red flasher lights by night; and

(3) Provide all objects placed in safety precaution areas with a red light or red lantern at night, if the objects project above the approach-departure clearance surface or above the transitional surface.

252.247-7023 Transportation of Supplies by Sea (MAY 2002)

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

(1) "Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

(2) "Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

(3) "Foreign flag vessel" means any vessel that is not a U.S.-flag vessel.

(4) "Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

(5) "Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

(6) "Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

(7) "U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if--

(i) This contract is a construction contract; or

(ii) The…