Solication FA4488-09-R-0033.pdf

F3M3C29244A001

PROJECT TITLE: Replace Broken Storm Drain Pipe, Bldg 764 Parking Lot, W.O 93376

THIS ACQUISITION: Total Small Business Set-aside

SITE VISIT: 23 Sep 2009 at 01:00 PM EST, 43d Contracting Squadron, 1443 Reilly Street, Suite C, Bldg 560, Pope AFB, NC 28308

MAGNITUDE OF PROJECT: (Less than $25,000)

Contractor MUST certify and return “Post-Aw ard Small Business Program Representation”

LYNN W. CONATSER (910) 394-5726

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

16-Sep-2009

(RFP)

(IFB)

X

CALL:

Replace Broken Storm Drain Pipe B764

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

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 ________14 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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 ______________25 Sep 2009 (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 _______30 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

43RD CONTRACTING SQUADRON

1443 REILLY ROAD, SUITE C BLDG 560

POPE AFB NC 28308-2896

FA4488

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (hour) Sealed envelopes containing offers

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

WO. 93376

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

910-394-6279FAX:TEL: 910-394-6200 TEL: FAX:

FA4488-09-R-0033 40

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

FA4488-09-R-0033

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

Repair sink hole & concrete storm drain

FFP

Furnish all plant, labor, materials, equipment, supervision, and other items necessary to repair sink hole & concrete storm drain pipe located in the parking lot of building 764, W.O. 93376. In accordance with the statement of work dated 11 September 2009, and attached specifictions. PR Number F3M3C29244A001

FOB: Destination

PURCHASE REQUEST NUMBER: F3M3C29244A001

SIGNAL CODE: A

NET AMT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996 252.246-7000 Material Inspection And Receiving Report MAR 2008

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 14 dys. ANTP 1 43 CES/F73CER/F3M3CE/F3M3C1/F3M3C2

560 INTERCEPTOR RD BLDG 280 RM. 3

POPE AFB NC 28308

FOB: Destination

F3M3C2

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

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 14 calendar days after receipt of notice to proceed.. The time stated for completion shall include final cleanup of the premises.

(End of clause)

Section G - Contract Administration Data

CLAUSES AND PROVISIONS

(a) Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

(b) Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order.

(c) Sections K, L, and M will be physically removed from any resultant award, but will be deemed to be incorporated, by reference, in that award.

5352.201-9101 OMBUDSMAN (AUG 2005)

(a) An ombudsman has been appointed to hear 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.

(b) Before consulting with an ombudsman, interested 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 OMBC A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen, Michael R. Jackson, HQ AMC/A7K, 507 Symington Drive, Scott AFB IL 62225-5022, (618) 229- 0267, Fax (618) 256-5558. 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.

(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.

Section H - Special Contract Requirements

OTHER CONTRACT REQUIREMENTS

1. Alternate Payment Protection.

Required when the estimated or actual value exceeds $30,000 but not exceeding $100,000.

Upon notification by the Contracting Officer, apparent awardee shall submit one of the following payment protections: Payment Bond, Irrevocable Letter of Credit (ILC), Tripartite Escrow Agreement, or a Certificate of Deposit. The amount of the payment protection shall be 100 percent of the contract price and shall be submitted within 10 days of contract award.

2. Pre-proposal Conference/Site Visit.

a. A pre-proposal conference/site visit is scheduled for 23 Sep 01:00 PM EST. Offeror should be at the 43d Contracting Squadron, Pope AFB, to view the work site and present pertinent questions. (Reference Contract Clause 52.236-2 Differing Site Conditions, and 52.236- 3 Site Investigation and Conditions Affecting the Work)

b. Offeror is cautioned that Pope AFB has visitor control procedures requiring individuals not affiliated with the base to obtain a visitor pass prior to enter the military installation.

Entrance pass for the purpose of attending the site visit or to deposit your bid/proposal must be coordinated at least one (1) working days prior to date required by contacting Lynn Conatser, 910 394-5726 or email lynn.conatser@pope.af.mil. All contractors must enter via the Reilly Road Gate. You may encounter delays at the gate as the Security Forces will be conducting random security checks. Ensure you have allowed sufficient time to arrive at the 43d Contracting Squadron prior to the time scheduled for the site visit or time designated for receipt of offers. Late offers will be processed in accordance with FAR 52.215-1, Instructions of Offerors – Competitive Acquisitions, MAY 2001.

3. Designation of Government Inspector (IAW AFI 32-1023, Chapter/Section 6)

The Base Civil Engineer or his authorized representative is designated as the representative of the Contracting Officer for the purpose of technical surveillance of workmanship and inspection of materials for work performed under this contract. The designation in no way authorizes the Base Civil Engineer or his authorized representative to commit the Government to changes in the terms of the contract. Only the Contracting Officer shall authorize changes to the contract.

4. Superintendence by the Contractor (IAW FAR 52.236-6)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor. Contractor is highly encouraged in utilizing a “working” superintendent in lieu of one who’s responsibility is to solely perform superintendent actions.

5. Modifications prior to receipt of Proposals

The Government reserves the right to revise or amend the specifications or drawings, or both, prior to the date of receipt of proposals. If, in the opinion of the Contracting Officer, revisions or amendments require material changes in the quantity or price of items, the date of receipt of proposals may also be changed. Such revisions or amendments, or change in the date for receipt of proposals will be announced by an amendment to the Request for Proposal.

6. Material Approval Submittals (Schedule of Submittals and AF IMT 3000)

Any changes on Schedule of Submittals shall be submitted to the Contracting Officer for approval within 10 calendar days after commencement of work, or as otherwise established by the Contracting Officer. Once approval is obtained, the contractor, using AF Form IMT 3000, shall submit submittals as contemplated by the Materials and Workmanship Clause. Blank forms will be made available upon request after contract award.

7. Notice of Award

Award of a contract resulting from this solicitation may be made by the issuance of a written notice of award. Notwithstanding the requirement to execute formal contractual documents, a notice of award shall constitute a binding contract when such is mailed or otherwise furnished to the successful offeror.

8. Telegraphic and Telefax Offers/Amendments

Telegraphic and telefax offers are acceptable. See Section I

9. Alternate Offers

Alternate offers are not acceptable. Unless specifically stated in the solicitation, any offer submitting alternative quantities, materials, etc., will be rejected as non-responsive.

10. Area Practices in Relation to Labor Classification in Construction

Offerors are cautioned to check labor union practices in the area concerning labor classification in construction projects that may affect offers.

11. Telephone Communication Security Monitoring

All communications with DOD organizations are subject to communications security (COMSEC) review. Contractor personnel will be aware telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. The DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, civilian contractor personnel are advised any time they place a call to, or received a call from, an USAF organization, they are subject to COMSEC procedures. The contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with DOD information. (AFR 56-50, Chapter 9, Para 9-4b)

12. Hours of Work

Working hours for the contractor will be 7:30 am – 4:30 pm excluding Saturdays, Sundays, and Federal Holidays. If the contractor wishes to work during periods other than above, additional Government inspection forces will be required. The contractor must notify the Contracting Officer three working days in advance of his intention to work during other periods to allow assignment of additional inspection forces when the Contracting Officer determines that the additional inspection force is reasonably available. If such force is available, the Contracting Officer may authorize the contractor to work during periods other than normal duty hours/days;

however, if inspectors are required to perform in excess of their normal duty hours/days, the actual cost of overtime inspection may be charged to the contractor if the overtime work is being performed for the convenience of the contractor, and will be deducted from the final payment of the contract amount.

Pope AFB observes the following Federal legal holidays.

New Year’s Day, 1 January Martin Luther King’s Birthday, Third Monday in January President’s Day, Third Monday in February Memorial Day, Last Monday in May Independence Day, 4 July Labor Day, First Monday in September Columbus Day, Second Monday in October Veterans Day, 11 November Thanksgiving Day, Fourth Thursday in November Christmas Day, 25 December

NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday. Holidays falling on a Sunday will be observed on the following Monday. The normal hours of work on Pope AFB are from 7:00 A.M. to 4:00 P.M., Monday through Friday, excluding holidays. Access to work sites may be restricted to these hours and days. Work that requires inspection during accomplishment or that prevents inspection of a previous work after accomplishment normally will not be allowed during other than the normal work hours specified above. Work during other than normal hours must be coordinated in advance with the Contracting Officer.

13. Reserved

14. Notification of Start of Work

Prior to starting work at the job site on Pope AFB, the contractor shall report to the Construction Contract Inspector, Marc Vanness, (910) 394-1812, 560 Interceptor Road, Pope AFB. Failure to do so may cause unnecessary delays in performance of the contract. It is suggested the contractor call the above number (s) prior to reporting to the job site.

15. Release of Claims

Upon completion and acceptance of all work, the contractor shall be required to furnish to the Contracting Officer a properly executed Final Invoice and Final Release of Claims as specified by the clause entitled “Payments Under Fixed Price Constructions Contracts,” FAR 52.232-5(h).

16. Construction Permit

Prior to beginning any site work under this contract, the contractor shall obtain a Civil Engineer Construction Permit from the Constructor Contract Inspector. Ten (10) working days are normally required for processing of the construction permit between the various activities that must coordinate on the request.

17. On Site Office Trailers and Storage Trailers/Facilities

Unless otherwise indicated, no on-base storage facilities are available for contractor owned materials. Buildings and structures that are part of the contract may be used for storage providing the space is not required for occupancy and contractor accepts full responsibility for the materials stored therein. The Contracting Officer will designate areas where above-mentioned equipment shall be parked.

18. Availability and Use of Utility Services (FAR 52.236-14)

The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. See Specification 01000 for additional information on utilities.

The Contractor shall carefully conserve any utilities furnished without charge. At its expense and in a workmanlike manner satisfactory to the Contracting Officer, the Contractor shall install and maintain all necessary temporary connections, distribution lines, and all meters as required. The Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia at their expense and prior to Final Inspection.

Available utilities furnished without charge: N/A

19. Damage to Utilities

a. In the event of a contractor caused utility failure/disruption, the contractor will first make the area safe, then immediately contact the Base Civil Engineer Service Call Desk and Contracting Officer.

b. If the damaged utilities are previously known or shown to the contractor, or there is negligence on the contractor’s part, the utilities will be repaired by the contractor in a timely manner at no cost to the government.

c. If the damaged utilities are not known or shown to the contractor and there is no negligence on the contractor’s part, damaged utilities will be repaired at government expense.

20. Construction Equipment

Equipment used on base shall be safe and in good operating condition. The Contracting Officer reserves the right to inspect any on base equipment and reject such equipment if the Contracting Officer considers equipment unsafe, in poor operating condition, or inappropriate for work.

21. Contractor Responsibility

Contractors operating on base will be responsible for briefing and ensuring employees adhere to traffic rules and regulations. The foreman, job supervisor, and other personnel providing workman leadership will ensure, when possible, employees comply with the traffic rules and regulations. The speed limit on base is 25 MPH unless otherwise posted. The speed limit in Military Family Housing areas is 15 MPH.

22. Physical Data (IAW FAR 52.236-4, APR 1984; FAR 36.504)

The data and information indicated or referred to below is provided for information only. The government shall not be responsible for any contractor interpretation or conclusion.

Weather conditions, Pope AFB. Period of Record 67 Years.

Month Total Average Rain Days

Trace-2.00”

Average Inches

Rainfall

Average Inches

Snowfall

January 13 3.6 1.1

February 12 3.8 0.9

March 13 4.1 0.7

April 12 3.3 Less than 0.5

May 14 3.5 0

June 13 4.6 0

July 16 6.0 0

August 15 4.9 0

September 11 3.9 0

October 9 3.3 0

November 10 2.9 Less than 0.5

December 12 3.1 0.7

23. Tobacco Use (IAW AFI 40-102, paragraph 2)

The Air Force discourages the use of all tobacco products; the ill effects of tobacco use are well documented. The use of tobacco products is permitted only in designed tobacco use areas.

24. 52.223-7 -- Notice of Radioactive Materials (Jan 1997)

(a) The Contractor shall notify the Contracting Officer or designee, in writing, _3 days_ prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either

(1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or

(2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107).

(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall

(1) Be submitted in writing;

(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and

(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.

(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract.

(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause.

(End of Clause)

25. Disposal of Waste Material

All waste materials generated by any work under the contract shall be handled, transported, stored, and disposed of by the contractor and subcontractors in accordance with all applicable Federal, State, or local laws, ordinances, regulations, court orders, or other types of rulings having the effect of the law, including, but not limited to, Executive Order 12088, 13 October 1978; the Federal Water Pollution Control Act, as amended (33 USC Sec 1251, ET SEQ); the Clean Air Act, as amended (42 USC Sec 1857, ET SEQ); the Endangered Species Act, as amended (16 USC Sec 1531, ET SEQ); the Toxic Substance Control Act, as amended (15 USC Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 USC 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 USC Sec 6901, ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 USC Sec 469, ET SEQ).

26. Managing Radioactive Materials in the USAF:

Any contractor(s) or their subcontractor(s) wishing to bring Radioactive Material (RAM) into Pope AFB or conduct operations involving RAM must obtain a contractor RAM permit from the Base Radiation Safety Officer (RSO) or the alternate RSO. The RSO is located at the Bioenvironmental Engineering Office, Bldg 513, and can be reached at (910) 394-7927. An application requesting approval must be submitted at least 30 calendar days before the planned date for commencement of activities on Pope AFB.

27. Security Planning:

A. General:

(1) All personnel employed by the contractor in the performance of this contract, or any representative of the contractor entering the governmental installation shall abide by all security instructions and directives of Pope AFB. Employees are responsible for safeguarding all government property provided for contractor use.

(2) At the close for each work period, government facilities, equipment and materials shall be secured, lights, heat and water turned off and all doors and window secured.

(3) The contractor and, as applicable, subcontractor shall not employ persons for work on this contract if such employee is identified as a potential threat to the health, safety, security, general well being or operational mission of the installation and its population, nor shall the contractor or subcontractor employ persons under this contract who have an outstanding criminal warrant as identified during the Criminal Background Check (CBI).

(4) Contractors shall ensure their employees and those of their subcontracts have the proper credentials allowing them to work in the United States. Employees and subcontractors later found to be undocumented or illegal aliens will be remanded to the proper authorities.

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

(6) All contractors and subcontractors when working in a Controlled, Restricted or other sensitive areas must be escorted at all times. The military agency or unit responsible for the project or work is responsible for providing the escorts. The Contractor shall follow existing procedures and instructions for obtaining entrance to restricted or controlled areas.

B. Contractor Badge Policies:

(1) All requests for contractor passes, badges or other credential issued by Pope AFB will be submitted through the Base Contracting Squadron Office and/or the requesting agencies base point of contact. The Contracting Squadron Office or base point of contact will then fill out an Operational Risk Management Assessment

Form (ORM) for the requesting agency and submit it to the Pass and Registrations section for approval IAW PAFBI 31-101. As a minimum the ORM will be submitted 72-hours prior to the requested date of employment.

(2) All contactor employees who’ll be granted unescorted access to the installation are required to consent to a Criminal Background Investigation (CBI) prior to being granted entry to the installation. Continued employment is contingent upon successful completion and favorable reporting of the criminal background check.

(3) Contractor passes, badges, or other credential issue by or on behalf of Pope AFB will be issued for a maximum period of one year unless otherwise specified. Prior to reissuing new passes, badges, or other authorized credential, all old credentials must be returned to Pass and Registration for destruction. The supervisor of the contractor will investigate the loss and report in writing the circumstances in which the badge was lost to the 43rd Contracting Squadron and 43rd Security Forces Squadron and submit a new request for badge renewal.

(4) Base Contracting Office or base point of contact will immediately notify Security Forces, Pass and Registration when a contractor’s employment has been terminated. The Agency Chief or Site Supervisors are responsible for notifying and returning the contractor’s badge to Pass and Registration when this occurs.

C. Installation Access:

(1) The contractor shall obtain personal contractor identification badge and or vehicle passes for all contractor and personal vehicles requiring entry onto Pope AFB from Pass and Registration, for the duration of the contract. Employees are only permitted to enter the installation during the date and time periods indicted on their pass.

(2) Vehicle registration, proof of insurance and a valid driver’s license must be presented for all vehicles while operating on the installation. All vehicles entering the installation or sensitive areas are subject to search. Any refusal or non consent by an employee will result in termination of their base access and immediate confiscation of this access badge or pass.

(3) During Force Protection Condition (FPCON) Normal and Alpha, personnel without base issued passes or credentials must be sponsored onto the installation.

(4) During FPCON Bravo, Charlie and Delta, personnel without base issued identification shall be physically escorted onto the installation.

(5) During Higher FPCONs (Charlie and Delta) the base will curtail non-essential operations/functions;

access by Non-Essential Contractors will be suspended as the direction of the Installation Commander.

28. Background Checks

(a) A favorable criminal background history (CBH) check must be completed for all contractors, subcontractors, and their employees prior to being granted access/entry onto Pope Air Force Base (PAFB). CBH checks will be considered current for a 24-month period from the date they were obtained, and valid for all contracts performed within the 24-month time period. Additionally, as the service and higher headquarters guidance becomes available, 43d Security Forces Squadron (SFS) will randomly select and conduct National Crime Information Center (NCIC) checks w/fingerprints and US Citizenship and Immigration Services (USCIS) checks on 100% of contractors, subcontractors, and their employees prior to issuing installation entry credentials. In the interim, local warrants and limited criminal history checks will be conducted via Division of Criminal Investigations (DCI).

NOTE: Contractors may request exceptions to these requirements and procedures through the contracting office.

The installation commander or designated representative must approve all exceptions to these requirements.

(b) There are multiple sources available which may be used to conduct CBH checks. These sources include city, county, and state law enforcement agencies, and commercial vendors. Contractors may choose any available source for conducting these checks as long as the check includes a statewide check of the individual’s criminal background history.

(c) CBH checks will, as a minimum, cover the individual’s places of residency for a 24-month time period prior to contract award. CBH checks are considered favorable if they do not contain any of the following eight disqualifiers:

(1) US citizenship, immigration status, or Social Security Account Number cannot be verified.

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

(3) Wanted by federal or civil law enforcement authorities, regardless of offense/violation, (i.e., and “order to arrest” has been issued by a judge).

(4) Conviction of firearms or explosives violation within the past three years.

(5) Incarcerated for 12 months or longer within the past three years, regardless of offense/violation.

(6) Any conviction of espionage, sabotage, treason, terrorism or murder.

(7) Conviction of any sexual crime which includes liberties with a child, rape, molestation, sexual predator, registered sex offender or sexual assault, armed assault/robbery, drug possession with intent to sell, or drug distribution within the past 10 years.

(8) Name appears on any federal agency’s “watch list” or “hit list” for criminal behavior or terrorist activity.

If any of the eight disqualifying factors are identified on a CBH check, the subject of the CBH check in question will be denied access/entry to the installation.

EXCEPTION: CBH checks are not required for contractors, subcontractors, or their employees if they have a current, favorable government personnel security background investigation that is electronically available and verifiable through the Joint Personnel Adjudication System (JPAS)

(d) Contractors will brief all their employees on requirements for obtaining a CBH check. They will require them to execute and sign the consent form authorizing the 43 SFS to conduct CBH or NCIC checks. In addition, they will advise all perspective employees that they are subject to being randomly selected to undergo a DCI/NCIC check and fingerprint check, via FBI databases, a Social Security Administration (SSA) and US Citizenship and Immigration Service (USCIS) check. NOTE: Contractors may obtain all CBH checks on him/herself, all subcontractors, and all employees, or each individual may obtain their own CBH check.

(e) Contractors will collect all CBH checks on themselves, subcontractors, and employees, and review them for disqualifying factors. If disqualifying factors are found, the prime contractor will inform the employee that they will not be allowed access/entry to the installation. Additionally, contractors will collect all signed consent forms for DCI/NCIC checks.

(f) Contractors will prepare a listing of personnel requiring entry/access to the installation. This listing must be prepared on company letterhead and contain the contract number, work sites or locations, inclusive dates of the contract (start/stop dates), work schedule identifying days of the week and time periods contractors and employees will be performing work on the installation, and full names and social security numbers. Forward this listing, completed CBH checks, and signed consent forms to the contracting office or contract administrator for review.

(g) Contractors are responsible for providing written notification (within 5 days) to the contracting office of any changes in personnel who require access/entry to the installation. This includes newly hired personnel and personnel who were discharged, quit, or contractors become aware of disqualifying factors after CBH, NCIC and USCIS checks were completed. NOTE: All requirements for the CBH, NCIC and USCIS checks must be completed on new hires prior to allowing them access/entry to the installation.

(h) Contractors are responsible for retrieving government issued credentials and vehicle passes from employees no longer requiring access/entry to the installation (regardless of reason access/entry is no longer allowed) and returning them to SFOP. Additionally, they are responsible for retrieving government issued credentials and vehicle passes from all employees and returning them to SFOP upon completion of a particular contract.

(i) Vehicles:

(1) Delivery vehicles, etc., will be granted entry to the base upon presentation of a valid bill of lading and/or delivery slip. This document must have a delivery point that is on Pope AFB and a base point of contact with a phone number. During increased Force Protection Conditions this requirement could change and become more stringent. In such cases, it is imperative that you contact the CO for guidance on how to proceed.

(2) When an employee is operating a company vehicle, the employee must show a copy of the vehicle registration and a notarized letter from the contractor indicating the employee is the sole driver of the vehicle and is covered by insurance.

(3) If an employee intends to operate a personal vehicle on base, they must register their vehicle at the Visitor Center located at the Reilly Road gate entrance. Proof of insurance and a copy of the vehicle registration will be required to obtain the vehicle pass.

(4) Contractor employees must have a current and valid driver’s license when operating a motor vehicle on base.

(5) All vehicle passes will be displayed in the windshield of the vehicle it was issued for.

29. Vehicle Access Control Procedures

Contractors may access Pope AFB only through the Reilly Road gate. Contractors shall not use the Armistead or Manchester gates unless specifically coordinated with 43 SFS in advance.

Pope AFB’s Reilly Road gate is only accessible through Fort Bragg. Regardless of the option used to access Fort Bragg, 43 SFS on Pope AFB reserves the right to inspect contractors’ vehicles at any time.

There are three options for contractors to gain access to Fort Bragg:

a. Contractors with a Common Access Card (CAC) will register their vehicles and be issued green DoD decals. They may enter through all of Fort Bragg’s gates without having to go through the inspection lanes.*

b. Contractors with a RAPIDGate badge will register their vehicles and be issued black DoD decals. They may enter through all of Fort Bragg’s gates without having to go through the inspection lanes.* For details you may call 1-877-727-4342 or visit the website at www.RAPIDGate.com.

c. All other contractors may enter Fort Bragg only through Long Street, All American, Knox and Randolph gates. They must use only the inspection lanes and undergo inspection.

* Large vehicles will need to enter at the Knox Street ACP. Effective 1 Nov 07, large vehicles are defined as any vehicle as large or larger than an enclosed 15 passenger van (not used for passenger transportation) or any company vehicle pulling an enclosed trailer of any size. This includes U-Haul trucks, Fed-Ex delivery vehicles, and so on.

Regardless of the access options listed above, all vehicles are subject to a random inspection and the Government reserves the right to limit access. Be prepared and remain flexible for changes to entry control procedures.

30. Insurance

Liability.

(a) Workers' compensation and employer's liability. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability.

(1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contracting officer shall require aircraft public and passenger liability insurance coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the contracting officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

31. Environmental Compliance.

Offerors are reminded of the environmental requirements contained in the solicitation. Contractor shall comply with all applicable federal, state and local environmental statutes and regulations. In addition to the scrutiny of civil environmental regulatory and enforcement agencies, environmental compliance incidental to Air Force activities or on Air Force property is subject to Air Force scrutiny. The Air Force routinely investigates environmental violations and cooperates fully with civil authorities to secure remedies and discourage future violations. Failure to comply with environmental statutes and regulations can subject the contractor to criminal and civil penalties and/or contractual sanctions including, but not limited to, termination, suspension, debarment, and adverse past performance assessment.

32. Environmental Protection During Construction.

Contractor is required to comply with Specification 01564, Environmental Protection During Construction to include but not limited to: 1) For Design-Bid-Build Projects, the contractor must submit in writing an Environmental Protection Plan (EPP) within 10 calendar days after the date of Notice of Award. Construction Notice to Proceed will not be issued until the Environmental Office and Contracting Officer have approved the plan. 2) For Design-Build Projects, the EPP must be submitted at the 50% design review and continue through approval at the 100% design review.

33. Hazardous Material Identification and Material Safety Data Offeror must list any hazardous materials to be delivered under this contract in Section I, 52.223-3. The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.

313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

34. Green Procurement Guidelines Contractor is required to comply with Specification 01002 Green Procurement Guidelines. If any of the products which are listed in this specification are to be utilized on this project, the contractor must procure and install that product with the noted minimum content of recycled product. The contractor can request a waiver from the Green Procurement Program if (1) the cost is an unreasonable amount more than a comparable product made from virgin materials, (2) is not readily available, or (3) did not perform adequately. All waivers must be requested in writing and approved by the Contracting Officer, Project Engineer, and an Environmental Flight Representative.

35. PKI Certificate

1. A Department Of Defense (DoD) PKI Certificate is required for all DoD users and contractors accessing the following performance reporting systems:

a. Contractor Performance Assessment Reporting System (CPARS): CPARS is a web-enabled application that collects and manages the library of automated CPARs. CPARS is for UNCLASSIFIED use only. Classified information is not to be entered into this system. A CPAR assesses a contractor's performance and provides a record, both positive and negative, on a given contractor during a specific period of time. Each assessment is based on objective facts and supported by program and contract management data, such as cost performance reports, customer comments, quality reviews, technical interchange meetings, financial solvency assessments, construction/production management reviews, contractor operations reviews, functional performance evaluations, and earned contract incentives.

b. Architect-Engineer Contract Administration Support Systems (ACASS): Web-enabled application that supports the completion, distribution, and retrieval of Architect-Engineer (A-E) contract performance evaluations (DD Form 2631). ACASS is for UNCLASSIFIED use only. An evaluation assesses a contractor’s performance and provides a record, both positive and negative, on a given contract. Each evaluation is based on objective facts and supported by contract management data, such as quality of A-E services by discipline, and assessments of the attributes of the engineering services as to accuracy, thoroughness, schedules, cost constraints, technical capability, and other contract performance requirements.

c. Construction Contractor Appraisal Support System (CCASS): CCASS is a web-enabled application that supports the completion, distribution, and retrieval of Construction contract performance evaluations (DD Form 2626). CCASS is for UNCLASSIFIED use only. An evaluation assesses a contractor’s performance and provides a record, both positive and negative, on a given contract. Each evaluation is based on objective facts and supported by contract management data, such as contract performance elements that evaluate quality, timely performance, effectiveness of management, and compliance with contract terms, labor standards, and safety requirements

2. Any user accessing private Department of Defense (DoD) web sites must have a DoD Public Key Infrastructure (PKI) certificate to access the site. CPARS/ACASS/CCASS are private DoD web sites; therefore all DoD employees (military and civilian), including DoD contractors that are working on site (military/government facilities) or contractors working offsite using Government Furnished equipment (GFE) are eligible to obtain DoD PKI certificates. If the contractor doesn’t work onsite or with GFE, they will need to obtain certificates from an External Certificate Authority (ECA).

External Certificate Authorities (ECAs) and Interim External Certificate Authorities (IECAs) provide digital certificates to the DoD’s private industry partners, contractors using their own equipment or working in non-government facilities, allied partners, and other agencies.

3. Approved ECA Vendors:

a. Operational Research Consultants, Inc. (ORC) http://www.eca.orc.com

b. Verisign, Inc. http://www.verisign.com/verisign-business-solutions/public-sector-solutions/ieca-eca-certificates/index.html

4. Approved IECA Vendor:

a. Digital Signature Trust Co. (DST) http://www.digsigtrust.com/federal/dod.html

5. Additional information on the subject of ECA can be found at:

a. http://iase.disa.mil/index2.html

Section I - Contract Clauses

52.204-7 Central Contractor Registration APR 2008 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.219-6 Notice Of Total Small Business Set-Aside JUN 2003 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-6 Davis Bacon Act JUL 2005 52.222-7 Withholding of Funds FEB 1988 52.222-8 Payrolls and Basic Records FEB 1988 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) JUL 2005 52.222-12 Contract Termination-Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-1 Utilization Of Indian Organizations And Indian-Owned

Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-2 North Carolina State and Local Sales and Use Tax APR 1984 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-16 Alt I Progress Payments (Jul 2009) - Alternate I MAR 2000 52.232-23 Assignment Of Claims JAN 1986 52.232-27 Prompt Payment for Construction Contracts OCT 2008 52.232-32 Performance-Based Payments JAN 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002 52.233-1 Alt I Disputes (Jul 2002) - Alternate I DEC 1991 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 52.236-7 Permits and…