MTERFP2.pdf

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RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 43

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

FA4497 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

Bldg 639, Room 204 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

LUZ SANTIAGO 302 677-5225

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 4

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

6 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 7 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 8 - 10 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN INITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

11- 22

PART II - CONTRACT CLAUSES

436TH CONTRACTING SQUADRON

639 ATLANTIC STREET

DOVER DE 19902-5639

302-677-5204

302-677-5105FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.

F1Q2MS9013A001

5. DATE ISSUED

30 July 2009

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

FA4497-09-R-0010

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum MTE C5/C17 - Provide Submittals

FFP

Provide a Design for a C-5/C-17 Mobile Tail Enclosure (MTE), Fire Suppresssion System Drawings and Work Schedule, in accordance with the attached Statement of Need. Payment will be made upon receipt and acceptance of design, drawings and work schedule.

FOB: Destination

MILSTRIP: F1Q2MS9013A001

PURCHASE REQUEST NUMBER: F1Q2MS9013A001

SIGNAL CODE: A

NET AMT

MTE C5/C17Mobilization

FFP

Any on-site installation tasks involving construction (i.e. alteration to real property including additions to building structural, electrical work etc..), in which aggregate labor costs for all trades will exceed $2,000, will be subject to the Davis- Bacon Act. Vendor shall comply with all contract provisions, clauses, and other applicable laws and regulations relating to wages, fringe benefits, apprentices, documentation, and other requirements. Certified payrolls will be required for any applicable work. Contractor shall provide certified payrolls and certifications required by the contract clauses.

FOB: Destination

MILSTRIP: F1Q2MS9013A001

PURCHASE REQUEST NUMBER: F1Q2MS9013A001

SIGNAL CODE: A

0002AA 1 Lump Sum MTE C5/C17- Mobilization

FFP

Excavation for rail/anchor systems, rails and backfill and pavement repairs.

FOB: Destination

0002AB 1 Lump Sum MTEC5/C7-Structure

FFP

Work includes: structural steel; metal sheathing; doors and overhead crane

0002AC 1 Lump Sum MTE C5/C17 - Supportng Utilities

FFP

Work includes: electrical power/lighting; air systems and fire suppressions sytem

0002AD 1 Lump Sum MTE C5/C17 - Close-Out

FFP

Testing and Training; O&M Manuals, warranties, as-built drawings and clean-up and demobilization.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0002AA Destination Government Destination Government 0002AB Destination Government Destination Government 0002AC Destination Government Destination Government 0002AD Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 15 dys. ADC 1 436 MOS LG LOR - F1Q2MS

BLDG 710, 6TH ST & ATLANTIC AVE

DOVER AFB DE 19902-5710

302-677-5945

F1Q2MS

0002 184 dys. ADC 436 MOS LG LOR - F1Q2MS

JANET WEBB

BLDG 710, 6TH ST & ATLANTIC AVE

DOVER AFB DE 19902-5710

302-677-5945

0002AA 184 dys. ADC 1 436 MOS LG LOR - F1Q2MS

JANET WEBB

BLDG 710, 6TH & ATLANTIC AVE.

DOVER AFB DE 19902-5710

302-677-5558

F73MOS

0002AB 184 dys. ADC 1 436 MOS LG LOR - F1Q2MS

ETHEL DARLING

BLDG 710, 6TH ST & ATLANTIC AVE

DOVER AFB DE 19902-5710

445-5945

0002AC 184 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0002AD 184 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

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

Section G - Contract Administration Data

ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data will be entered upon award.

CLAUSES INCORPORATED BY REFERENCE

252.242-7000 Post award Conference

CONTRACT ADMINISTRATION

Administration of this contract will be performed by 436 CONS/LGCB, Dover AFB, Delaware. No changes, deviations, or waivers shall be accomplished without a modification of the contract, executed by the Contracting Officer authorizing such changes, deviations, or waivers.

INVOICING

Prepare invoices in accordance with contract clauses FAR 52.232-27 and FAR 52.232-5. Request for payments must be submitted electronically via the Internet through the Wide Area Workflow – Receipt and Acceptance (WAWF-RA) system at https://wawf.eb.mil

IDENTIFICATION OF CORRESPONDENCE

All correspondence and data submitted by the contractor under this contract shall reference the contract number and project title.

Section H - Special Contract Requirements

ADDENDUM to 52.228-5 -- Insurance -- Work on a Government Installation (Jan 1997)

(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.)

(a) 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.

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.

CLAUSES INCORPORATED BY FULL TEXT

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of clause)

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUGUST 2007)

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

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following:

contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, to obtain a vehicle pass.

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

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, the Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management, as applicable.

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

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

H-003: PERFORMANCE AND BID REQUIREMENTS (IAW FAR 28.101-2 and FAR 28.102-3)

(a) Bid Guarantee:

(1) A proposal/bid bond IS required, with this proposal, in the form of a firm commitment e.g. bid bond (Standard Form 24) supported by good and sufficient surety or sureties acceptable to the government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or under Treasury Department regulations, certain bonds or notes of the United States. The contracting officer will return any bid guarantee, other than bid bond, to the successful offeror upon execution of contractual documents and bond (including any necessary coinsurance agreements) as required by the bid as accepted.

(2) The amount of the bid guarantee shall be 20% of the bid price or $3 million whichever is less.

(3) If the successful bidder (offeror) upon acceptance of its bid by the government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder (offeror) the contracting officer may terminate the contract for default.

(4) In the event the contract is terminated for default, the offeror is liable for any cost of acquiring the work that exceeds the amount of its offer and the bid guarantee is available to offset the difference.

(b) Performance and Payment Bonds. In accordance with the Miller Act (40 U.S.C. 2701-270f), the bidder to whom award is made shall, within fifteen (15) calendar days after the date of award, furnish a performance bond (Standard Form 25) and a Payment Bond (Standard Form 25a), each with good and sufficient surety of sureties acceptable to the Government.

(1) Performance Bond: The penal sum of the performance bonds at the time of contract award shall be one hundred percent (100%) of the contract price.

(2) Payment Bond: The penal amount of payment bonds at the time of contract award shall be one hundred percent (100%) of the original contract price.

(c) The contractor will not be issued a Notice to Proceed or be allowed to start work prior to furnishing the requested bond, including any necessary insurance agreements.

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 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 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 52.209-6 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 52.215-14 Integrity of Unit Prices OCT 1997 52.215-21 Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data--Modifications

OCT 1997

52.219-8 Utilization of Small Business Concerns MAY 2004 52.219-9 (Dev) Small Business Subcontracting Plan (Deviation) APR 2008 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 52.222-10 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 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-37 Employment Reports On Special Disabled Veterans, Veterans

Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-50 Combating Trafficking in Persons FEB 2009 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items

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

52.229-3 Federal, State And Local Taxes APR 2003 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984 52.232-25 Prompt Payment OCT 2008 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 52.242-13 Bankruptcy JUL 1995 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items MAR 2009 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-2 Termination For Convenience Of The Government (Fixed- Price)

MAY 2004

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 252.219-7003 (Dev) Alt I

Smal Business Subcontracting Plan (DoD Contracts) (Deviation) Alternate I

APR 2007

252.225-7002 Qualifying Country Sources As Subcontractors APR 2003 252.225-7006 Quarterly Reporting of Actual Contract Performance Outside the United States

MAY 2007

252.225-7012 Preference For Certain Domestic Commodities DEC 2008 252.225-7021 Trade Agreements NOV 2008 252.225-7036 Buy American--Free Trade Agreement--Balance of Payments

Program

JAN 2009

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.244-7000 Subcontracts for Commercial Items and Commercial

Components (DoD Contracts)

JAN 2009

252.247-7023 Transportation of Supplies by Sea MAY 2002 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (JUL 2005)

(a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer.

These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph

(d) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns.

(e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the HUBZone small business participant or participants.

(f) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

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

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

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

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

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

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

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

(3) For long-term contracts--

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

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

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

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

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

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

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

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 332312- assigned to contract number .

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

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 million, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.228-16 PERFORMANCE AND PAYMENT BONDS--OTHER THAN CONSTRUCTION (NOV 2006)

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

Original contract price means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity.

Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to 100 percent of the original contract price and a payment bond (Standard Form 1416) in an amount equal to 100 percent of the original contract price.

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within 5 days, but in any event, before starting work.

(d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

52.246-18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE (MAY 2001)

(a) Definitions.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract.

"Correction," as used in this clause, means the elimination of a defect.

"Supplies," as used in this clause, means the end items furnished by the Contractor and related services required under this contract. The word does not include "data."

(b) Contractor's obligations. (1) The Contractor warrants that for a period of one year all supplies furnished under this contract will be free from defects in material and workmanship and will conform with all requirements of this contract; provided, however, that with respect to Government-furnished property, the Contractor's warranty shall extend only to its proper installation, unless the Contractor performs some modification or other work on the property, in which case the Contractor's warranty shall extend to the modification or other work.

(2) Any supplies or parts thereof corrected or furnished in replacement shall be subject to the conditions of this clause to the same extent as supplies initially delivered. This warranty shall be equal in duration to that set forth in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(3) The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other equipment or supplies necessary to accomplish the correction or replacement have been made unavailable to the Contractor by action of the Government. In the event that correction or replacement has been directed, the Contractor shall promptly notify the Contracting Officer, in writing, of the nonavailability.

(4) The Contractor shall also prepare and furnish to the Government data and reports applicable to any correction required (including revision and updating of all affected data called for under this contract) at no increase in the contract price.

(5) When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor's plant and return.

(6) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

(c) Remedies available to the Government. (1) In the event of a breach of the Contractor's warranty in paragraph (b)(1) of this clause, the Government may, at no increase in contract price--

(i) Require the Contractor, at the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) or at the Contractor's plant, to repair or replace, at the Contractor's election, defective or nonconforming supplies; or

(ii) Require the Contractor to furnish at the Contractor's plant the materials or parts and installation instructions required to successfully accomplish the correction.

(2) If the Contracting Officer does not require correction or replacement of defective or nonconforming supplies or the Contractor is not obligated to correct or replace under paragraph (b)(3) of this clause, the Government shall be entitled to an equitable reduction in the contract price.

(3) The Contracting Officer shall notify the Contractor in writing of any breach of the warranty in paragraph (b) of this clause within 45 days after delivery of the nonconforming supplies. The Contractor shall submit to the Contracting Officer a written recommendation within 10 business days as to the corrective action required to remedy the breach. After the notice of breach, but not later than thirty days after receipt of the Contractor's recommendation for corrective action, the Contracting Officer may, in writing, direct correction or replacement as in paragraph (c)(1) of this clause, and the Contractor shall, notwithstanding any disagreement regarding the existence of a breach of warranty, comply with this direction. If it is later determined that the Contractor did not breach the warranty in paragraph (b)(1) of this clause, the contract price will be equitably adjusted.

(4) If supplies are corrected or replaced, the period for notification of a breach of the Contractor's warranty in paragraph (c)(3) of this clause shall be 10 days from the furnishing or return by the Contractor to the Government of the corrected or replaced supplies or parts thereof, or, if correction or replacement is effected by the Contractor at a Government or other activity, for 30 days thereafter.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract.

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://acquisition.gov/far

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

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

5352.201-9101 OMBUDSMAN (10 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, Mr. Michael R. Jackson, HQ AMC/A7K, 507 Symington Drive, Scott AFB IL 62225-5022, (618) 229-0267, fax (618) 256-6668, email: Michael.jackson@scott.af.mil.. 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.

Addendum

Wide Area Work Flow Receipt and Acceptance (WAWF-RA) Vendor Instructions Installation and Registration Checklist

Completion of all instructions contained in this checklist must be accomplished prior to activation of the firm and user accounts.

1. Check Central Contractor Registration System (CCR) to see if your company is registered.

a. If you are registered in CCR, please go to Step 3 below.

b. For help with registration in CCR, contact CCR Helpdesk, 888-227-2423 or 269-961-4725, e-mail CCR@dlis.dla.mil, or see the CCR Handbook at http://www.ccr.gov/handbook.cfm.

2. Register with Central Contractor Registry (CCR).

a. All vendors desiring to bid on goods or services in support of Department of Defense (DoD) must be registered in the CCR at http://www.ccr.gov/.

b. Ensure that all mandatory fields are completed in your new CCR account (i.e., Telephone/FAX number, Data

Universal Numbering System (DUNS) and/or Commercial and Government Entity (CAGE) codes, North American Industry Code Systems (NAICS) codes, etc.).

c. Note: All contractors are required to update their CCR registration annually. Failure to do so will result in suspension of the account, which will prevent or delay awarding DoD contracts and payments to your firm.

3. Establish an Electronic Business Point of Contact (EB POC).

a. The next step is to ensure that you have identified an EB POC for your company. You are required to establish both a primary and alternate EB POC for each CAGE/DUNS code assigned to the firm.

b. To see if an EB POC is listed for your company, go to http://www.ccr.gov/http://www.ccr2000.com/ and click on "Search CCR." Where prompted, enter the DUNS or CAGE or Company Name and click "Submit Query." If you are presented with a list of DUNS numbers, you will need to pick the specific location and click on the DUNS.

c. Scroll to the bottom of the Inquiry Results page. There you can see if anyone is listed as the EB POC. If no one is listed, your company has not identified an EB POC yet. If you see that there is no one listed as your company’s EB POC, you need click on “Update or Renew Registrations Using TPIN” to add it.

d. Each vendor organization may establish up to two EB POC’s (primary and alternate) for each Cage/DUNS combination.

e. The EB POC will be responsible for authorizing access to employee(s) of the vendor’s organization to view and/or modify data submitted on behalf of the vendor.

f. Update NAICS codes developed by the Census Bureau, which replaced the Standard Industrial Classification (SIC) codes. Until NAICS codes are updated, update will not be complete. For more info on NAICS codes, visit: http://www.census.gov/epcd/www/naics.html

4. Determine if your organization will designate a Group Administrator (GAM) (Proceed to paragraph 5 if you are not going to designate a GAM).

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

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

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

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

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

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

5. Establish an organizational email address

a. All records created in WAWF-RA are stored in a virtual file folder and as status is updated or changes the system generates an email notification to applicable individuals identified in the firm’s organizational email account.

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

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

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

6. Set up PCs to access WAWF-RA

a. Set up the PCs of your organization's users to access WAWF-RA.

b. Select the "Setting Up Your Machine" link on the WAWF-RA home page for more information:

https://wawf.eb.mil/Instr.html.

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

a. Every user for your firm must self-register on the WAWF-RA web site by completing the online registration form.

b. Select the "Self Register" link on the WAWF-RA home page and follow the instructions.

c. Users may access WAWF-RA with either a User ID/Password combination or a PKI certificate. Users who want to use a PKI certificate must obtain it before self-registering.

d. PKI Certificates may be obtained from one of the approved Interim External Certificate Authorities:

Operational Research Consultants Inc. http://eca.orc.com, Digital Signature Trust Co.

http://www.digsigtrust.com/home.html, or Verisign: http://www.verisign.com. The web sites provide the instructions needed to acquire a PKI Certificate.

e. If further assistance is needed, contact the WAWF-RA Customer Service Center.

f. Note: Registrations will not be activated until the WAWF-RA Customer Support Center receives an email from the EB POC/GAM as registered in the CCR data- base.

8. Follow-up (if necessary).

If your (GAM or user) account hasn't been activated within 2 business days of self-registering contact the WAWF-RA Customer Service Center:

CONUS ONLY 1-866-618-5988, Option 1 COMMERCIAL 801-777-3282, Option 8, Option 1 DSN 777-3282 Option 1 FAX Commercial: 801-605-7453 DSN: 388-7543 Email: cscassig@ogden.disa.mil Note: Reference "WAWF" in email Subject line.

IMPORTANT INFORMATION FOR CONTRACTORS: Any award will include DFARS Clause 252.232-7003, Electronic Submission of Payment Requests. Section 1008 of the National Defense Authorization Act for Fiscal Year 2001 requires any claims for payments (invoices) under DoD contract to be submitted in electronic form.

Wide Area Workflow-Receipt and Acceptance (WAWF- RA) is the DoD system of choice for implementing this statutory requirement. Use of the basic system is at NO COST to the contractor and training will be provided.

Information available at no cost, is located at http://www.wawftraining.com.

SEE ROUTING SHEET ON FOLLOWING PAGE

WIDE AREA WORKFLOW – RECEIPT AND ACCEPTANCE (WAWF-RA)

ELECTRONIC RECEIVING REPORT AND INVOICING INSTRUCTIONS

IN ACCORDANCE WITH DFARS 232.7002, USE OF ELECTRONIC PAYMENT REQUESTS IS

MANDATORY. USE OF WAWF WILL SPEED UP YOUR PAYMENT PROCESSING TIME AND ALLOW

YOU TO MONITOR YOUR PAYMENT STATUS ONLINE. THERE ARE NO CHARGES OR FEES TO USE

WAWF.

Requests for payments must be submitted electronically via the Internet through the Wide Area WorkFlow – Receipt and Acceptance (WAWF-RA) system at https://wawf.eb.mil.

Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Dayton/Omaha at (800) 330-8168 or faxed to (866) 244-2894. Please have your order number and invoice number ready when contacting DFAS about payment status. You can also access payment information using the DFAS Vendor Pay Inquiry System (VPIS) web site at http://www.dod.mil/dfas/money/vendor.

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR RECEIVING REPORTS, INVOICES

AND ADDITIONAL E-MAILS CORRECTLY THROUGH WAWF.

CONTRACT NUMBER: FA4497-09-C-XXXX

DELIVERY ORDER NUMBER: Not Applicable

TYPE OF DOCUMENT: Invoice & Receiving Report (Combo)

CAGE CODE: XXXXX

ISSUE BY DODAAC: FA4497

ADMIN DODAAC: FA4497

INSPECT BY DODAAC: Usually N/A

SERVICE ACCEPTOR / SHIP TO: F1QXXX

LOCAL PROCESSING OFFICE: Leave Blank

PAY OFFICE DODAAC: F67100

SEND MORE E-MAIL NOTIFICATIONS:

CONTRACT ADMINISTRATOR: Jane.doe@dover.af.mil

CONTRACTING OFFICER: John.doe@dover.af.mil

ADDITIONAL NOTIFICATION:

END OF ADDENDUM

Section J - List of Documents, Exhibits and Other Attachments

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Statement of Need 7 20-JUL-2009 Attachment 2 Wage Decision 4 17-JUL-2009 Attachment 3 Past & Present

Performance Questionnaire

3 01-JAN-2009

Attachment 4 EPA 16 27-FEB-2009

Section K - Representations, Certifications and Other Statements of Offerors

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

JUL 2009

52.222-38 Compliance With Veterans' Employment Reporting Requirements

DEC 2001

52.225-18 Place of Manufacture SEP 2006 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;