Amendment002.pdf

F1Q3FQ1140A001 111098

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04 EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

Correct the solicitation number from FA4497-11-R-0003 to FA4497-11-R-0013.

Previous amendment attached Section L.This information should be disregarded as it is already in the solicitation under Section L.

See various attached documents for additional changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 31

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 23-Jun-2011

16B. UNITED STATES OF AMERICA 15C. DATE SIGNED 15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer) (Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X FA4497-11-R-0013

X 9B. DATED (SEE ITEM 11)

13-Jun-2011

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

20-Jun-2011

CODE

436 CONTRACTING SQUADRON

BLDG 639 ATLANTIC ST

DOVER AFB DE 19902-5639

FA4497 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODE CODE

EMAIL: TEL:

FA4497-11-R-0013

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

SUBCLIN 0001AA

The CLIN extended description has changed from Remove Existing Asphalt Pavement, Full Depth(02110/1.5.1 & 1.6.1) to Remove Existing Asphalt Pavement, Full Depth(02110/1.5.1 & 1.6.1) The unit of issue is Square Yard inches. Payment made in square yard-inches.

The unit of issue has changed from Square Yard to Unit.

SUBCLIN 0001AB

Pavement, Pavement Milling (02110/1.5.1 & 1.6.1) to Remove Existing Asphalt Pavement, Pavement Milling (02110/1.5.1 & 1.6.1) The unit of issue is Square Yard inches. Payment made in square yard-inches.

SUBCLIN 0001AC

The CLIN extended description has changed from Remove Existing Concrete Pavement, Full Depth(02110/1.5.1 & 1.6.1) to Remove Existing Concrete Pavement, Full Depth(02110/1.5.1 & 1.6.1) The unit of issue is Square Yard inches. Payment made in square

SUBCLIN 0001AD

Pavement, Pavement Milling (02110/1.5.1 & 1.6.1) to Remove Existing Concrete Pavement, Pavement Milling (02110/1.5.1 & 1.6.1) The unit of issue is Square Yard inches. Payment made in square yard-inches..

SUBCLIN 0001AE

The CLIN extended description has changed from Saw Cutting, Asphalt Pavement(02110/1.5.2 & 1.6.2) to Saw Cutting, Asphalt Pavement(02110/1.5.2 & 1.6.2) The unit of issue is Linear feet inches. Payment made in linear feet inches.

The unit of issue has changed from Linear Foot to Unit.

SUBCLIN 0001AF

The CLIN extended description has changed from Saw Cutting, Concrete Pavement(02110/1.5.3 & 1.6.3) to Saw Cutting, Concrete Pavement(02110/1.5.3 & 1.6.3) The unit of issue is linear feet inches. Payment made in linear feet-inches.

SUBCLIN 0001AJ

The CLIN extended description has changed from Tree Removal (02140/1.4 & 1.5) to Tree Removal (02140/1.4 & 1.5) The unit of issue is diameter-inches. Payment made in diameter inches.

The unit of issue has changed from Inch to Unit.

SUBCLIN 0001AX

The CLIN extended description has changed from Drainage Inlet and Manhole Frame Extension(02620/1.5.4 & 1.6.4) to Drainage Inlet and Manhole Frame Extension(02620/1.5.4 & 1.6.4) The unit of issue is each inches. Payment made in each-inches.

The unit of issue has changed from Each to Unit.

SUBCLIN 0001AY

The CLIN extended description has changed from Water Valve Box Extension Ring(02620/1.5.4 & 1.6.4) to Water Valve Box Extension Ring(02620/1.5.4 & 1.6.4) The unit of issue is each inches. Payment made in each-inches.

SUBCLIN 0001CN

The CLIN extended description has changed from Hot-Mix, Hot-Laid Bituminous ConcretePavement, Type B, Up to 1400 SY-IN(03000/1.6 & 1.7) to Hot-Mix, Hot-Laid Bituminous ConcretePavement, Type B, Up to 1400 SY-IN(03000/1.6 & 1.7) The unit of issue is square yard inches. Payment made in square yard-inches..

SUBCLIN 0001CP

ConcretePavement, Type B, Over 1400 SY-IN(03000/1.6 & 1.7) to Hot-Mix, Hot-Laid Bituminous ConcretePavement, Type B, Over 1400 SY-IN(03000/1.6 & 1.7) The unit of issue is square yard inches. Payment made in square yard-inches.

SUBCLIN 0001CQ

ConcretePavement, Type C, Up to 1400 SY-IN(03000/1.6 & 1.7) to Hot-Mix, Hot-Laid Bituminous ConcretePavement, Type C, Up to 1400 SY-IN(03000/1.6 & 1.7) The unit of issue is

SUBCLIN 0001CR

ConcretePavement, Type C, Over 1400 SY-IN(03000/1.6 & 1.7) to Hot-Mix, Hot-Laid Bituminous ConcretePavement, Type C, Over 1400 SY-IN(03000/1.6 & 1.7) The unit of issue is

SUBCLIN 0001CT

The CLIN extended description has changed from Asphalt Pavement Patching(03100/1.3 & 1.4) to Asphalt Pavement Patching(03100/1.3 & 1.4) The unit of issue is

SUBCLIN 0001CU

The CLIN extended description has changed from Cracking and Seating of Concrete Pavement (03200/1.7 & 1.8) to Cracking and Seating of Concrete Pavement (03200/1.7 & 1.8) The unit of issue is square yard inches. Payment made in square yard-inches..

SUBCLIN 1001AA

Pavement, Full Depth(02110/1.5.1 & 1.6.1) to Remove Existing Asphalt Pavement, Full Depth(02110/1.5.1 & 1.6.1) The unit of issue is square yard inches. Payment made in square

SUBCLIN 1001AB

Pavement, Pavement Milling (02110/1.5.1 & 1.6.1) to Remove Existing Asphalt Pavement, Pavement Milling (02110/1.5.1 & 1.6.1)The unit of issue is square yard inches. Payment made in square yard-inches.

SUBCLIN 1001AC

Pavement, Full Depth(02110/1.5.1 & 1.6.1) to Remove Existing Concrete Pavement, Full Depth(02110/1.5.1 & 1.6.1) The unit of issue is square yard inches. Payment made in square yard-inches..

SUBCLIN 1001AD

Pavement, Pavement Milling (02110/1.5.1 & 1.6.1) to Remove Existing Concrete Pavement, Pavement Milling (02110/1.5.1 & 1.6.1) The unit of issue is square yard inches. Payment made

SUBCLIN 1001AE

Pavement(02110/1.5.2 & 1.6.2) to Saw Cutting, Asphalt Pavement(02110/1.5.2 & 1.6.2) The

SUBCLIN 1001AF

Pavement(02110/1.5.3 & 1.6.3) to Saw Cutting, Concrete Pavement(02110/1.5.3 & 1.6.3)The unit of issue is linear feet inches. Payment made in linear feet inches.

SUBCLIN 1001AJ

Tree Removal (02140/1.4 & 1.5) The unit of issue is diameter-inches. Payment made in diameter-inches.

SUBCLIN 1001AX

Extension(02620/1.5.4 & 1.6.4) to Drainage Inlet and Manhole Frame Extension(02620/1.5.4 & 1.6.4)The unit of issue is each-inches. Payment made in each-inches.

SUBCLIN 1001AY

Ring(02620/1.5.4 & 1.6.4) to Water Valve Box Extension Ring(02620/1.5.4 & 1.6.4) The unit of issue is each-inches. Payment made in each-inches..

SUBCLIN 1001CN

ConcretePavement, Type B, Up to 1400 SY-IN(03000/1.6 & 1.7) to Hot-Mix, Hot-Laid Bituminous ConcretePavement, Type B, Up to 1400 SY-IN(03000/1.6 & 1.7) The unit of issue is

SUBCLIN 1001CP

ConcretePavement, Type B, Over 1400 SY-IN(03000/1.6 & 1.7) to Hot-Mix, Hot-Laid Bituminous ConcretePavement, Type B, Over 1400 SY-IN(03000/1.6 & 1.7) The unit of issue is

SUBCLIN 1001CQ

ConcretePavement, Type C, Up to 1400 SY-IN(03000/1.6 & 1.7) to Hot-Mix, Hot-Laid Bituminous ConcretePavement, Type C, Up to 1400 SY-IN(03000/1.6 & 1.7) The unit of issue is

SUBCLIN 1001CR

ConcretePavement, Type C, Over 1400 SY-IN(03000/1.6 & 1.7) to Hot-Mix, Hot-Laid Bituminous ConcretePavement, Type C, Over 1400 SY-IN(03000/1.6 & 1.7) The unit of issue is

SUBCLIN 1001CT

Patching(03100/1.3 & 1.4) to Asphalt Pavement Patching(03100/1.3 & 1.4) The unit of issue is

SUBCLIN 1001CU

Pavement (03200/1.7 & 1.8) to Cracking and Seating of Concrete Pavement (03200/1.7 & 1.8) The unit of issue is square yard inches. Payment made in square yard-inches.

SUBCLIN 2001AA

Pavement, Full Depth(02110/1.5.1 & 1.6.1) to Remove Existing Asphalt Pavement, Full Depth(02110/1.5.1 & 1.6.1) The unit of issue is square yard inches. Payment made in square

SUBCLIN 2001AB

Pavement, Pavement Milling (02110/1.5.1 & 1.6.1) to Remove Existing Asphalt Pavement, Pavement Milling (02110/1.5.1 & 1.6.1) The unit of issue is square yard inches. Payment made

SUBCLIN 2001AC

Pavement, Full Depth(02110/1.5.1 & 1.6.1) to Remove Existing Concrete Pavement, Full Depth(02110/1.5.1 & 1.6.1) The unit of issue is square yard inches. Payment made in square

SUBCLIN 2001AD

Pavement, Pavement Milling (02110/1.5.1 & 1.6.1) to Remove Existing Concrete Pavement, Pavement Milling (02110/1.5.1 & 1.6.1) The unit of issue is square yard inches. Payment made

SUBCLIN 2001AE

Pavement(02110/1.5.2 & 1.6.2) to Saw Cutting, Asphalt Pavement(02110/1.5.2 & 1.6.2) The

SUBCLIN 2001AF

Pavement(02110/1.5.3 & 1.6.3) to Saw Cutting, Concrete Pavement(02110/1.5.3 & 1.6.3) The

SUBCLIN 2001AJ

Tree Removal (02140/1.4 & 1.5) The unit of issue is diameter-inches. Payment made in diameter-inches.

SUBCLIN 2001AX

Extension(02620/1.5.4 & 1.6.4) to Drainage Inlet and Manhole Frame Extension(02620/1.5.4 & 1.6.4) The unit of issue is each-inches. Payment made in each-inches.

SUBCLIN 2001AY

Ring(02620/1.5.4 & 1.6.4) to Water Valve Box Extension Ring(02620/1.5.4 & 1.6.4) The unit of issue is each-inches. Payment made in each-inches.

SUBCLIN 2001CN

ConcretePavement, Type B, Up to 1400 SY-IN(03000/1.6 & 1.7) to Hot-Mix, Hot-Laid Bituminous ConcretePavement, Type B, Up to 1400 SY-IN(03000/1.6 & 1.7) The unit of issue is

SUBCLIN 2001CP

ConcretePavement, Type B, Over 1400 SY-IN(03000/1.6 & 1.7) to Hot-Mix, Hot-Laid Bituminous ConcretePavement, Type B, Over 1400 SY-IN(03000/1.6 & 1.7) The unit of issue is

SUBCLIN 2001CQ

ConcretePavement, Type C, Up to 1400 SY-IN(03000/1.6 & 1.7) to Hot-Mix, Hot-Laid Bituminous ConcretePavement, Type C, Up to 1400 SY-IN(03000/1.6 & 1.7) The unit of issue is

SUBCLIN 2001CR

ConcretePavement, Type C, Over 1400 SY-IN(03000/1.6 & 1.7) to Hot-Mix, Hot-Laid Bituminous ConcretePavement, Type C, Over 1400 SY-IN(03000/1.6 & 1.7) The unit of issue is

SUBCLIN 2001CT

Patching(03100/1.3 & 1.4) to Asphalt Pavement Patching(03100/1.3 & 1.4) The unit of issue is

SUBCLIN 2001CU

Pavement (03200/1.7 & 1.8) to Cracking and Seating of Concrete Pavement (03200/1.7 & 1.8)

SUBCLIN 3001AA

Pavement, Full Depth(02110/1.5.1 & 1.6.1) to Remove Existing Asphalt Pavement, Full Depth(02110/1.5.1 & 1.6.1)The unit of issue is square yard inches. Payment made in square

SUBCLIN 3001AB

Pavement, Pavement Milling (02110/1.5.1 & 1.6.1) to Remove Existing Asphalt Pavement, Pavement Milling (02110/1.5.1 & 1.6.1) The unit of issue is square yard inches. Payment made

SUBCLIN 3001AC

Pavement, Full Depth(02110/1.5.1 & 1.6.1) to Remove Existing Concrete Pavement, Full

Depth(02110/1.5.1 & 1.6.1) The unit of issue is square yard inches. Payment made in square

SUBCLIN 3001AD

Pavement, Pavement Milling (02110/1.5.1 & 1.6.1) to Remove Existing Concrete Pavement, Pavement Milling (02110/1.5.1 & 1.6.1) The unit of issue is square yard inches. Payment made

SUBCLIN 3001AE

Pavement(02110/1.5.2 & 1.6.2) to Saw Cutting, Asphalt Pavement(02110/1.5.2 & 1.6.2) The

SUBCLIN 3001AF

Pavement(02110/1.5.3 & 1.6.3) to Saw Cutting, Concrete Pavement(02110/1.5.3 & 1.6.3) The unit of issue is linear feet inches. Payment made in linear feet inches..

SUBCLIN 3001AJ

Tree Removal (02140/1.4 & 1.5) The unit of issue is diameter inches. Payment made in diameter inches..

SUBCLIN 3001AX

Extension(02620/1.5.4 & 1.6.4) to Drainage Inlet and Manhole Frame Extension(02620/1.5.4 & 1.6.4)The unit of issue is each inches. Payment made in each-inches.

SUBCLIN 3001AY

Ring(02620/1.5.4 & 1.6.4) to Water Valve Box Extension Ring(02620/1.5.4 & 1.6.4) The unit of issue is each inches. Payment made in each-inches..

SUBCLIN 3001CN

ConcretePavement, Type B, Up to 1400 SY-IN(03000/1.6 & 1.7) to Hot-Mix, Hot-Laid Bituminous ConcretePavement, Type B, Up to 1400 SY-IN(03000/1.6 & 1.7) The unit of issue is

SUBCLIN 3001CP

ConcretePavement, Type B, Over 1400 SY-IN(03000/1.6 & 1.7) to Hot-Mix, Hot-Laid Bituminous ConcretePavement, Type B, Over 1400 SY-IN(03000/1.6 & 1.7) The unit of issue is

SUBCLIN 3001CQ

ConcretePavement, Type C, Up to 1400 SY-IN(03000/1.6 & 1.7) to Hot-Mix, Hot-Laid Bituminous ConcretePavement, Type C, Up to 1400 SY-IN(03000/1.6 & 1.7) The unit of issue is

SUBCLIN 3001CR

ConcretePavement, Type C, Over 1400 SY-IN(03000/1.6 & 1.7) to Hot-Mix, Hot-Laid Bituminous ConcretePavement, Type C, Over 1400 SY-IN(03000/1.6 & 1.7)The unit of issue is

SUBCLIN 3001CS

The CLIN extended description has changed from Pavement Sealing/Rejuvenator(03050/1.4 & 1.5) to Pavement Sealing/Rejuvenator(03050/1.4 & 1.5) .

SUBCLIN 3001CT

Patching(03100/1.3 & 1.4) to Asphalt Pavement Patching(03100/1.3 & 1.4) The unit of issue is

SUBCLIN 3001CU

Pavement (03200/1.7 & 1.8) to Cracking and Seating of Concrete Pavement (03200/1.7 & 1.8)

SECTION F - DELIVERIES OR PERFORMANCE

The following have been deleted:

52.222-25 Affirmative Action Compliance APR 1984

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H-001: REQUIRED INSURANCE (IAW FAR 28.306(b)(1)) Reference FAR clause entitled “Insurance…” the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

1. 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.

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

3. 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.

H-002: FEDERAL HOLIDAYS

The following Federal Legal holidays are observed by this base:

New Year’s Day 1 January Martin Luther King’s Birthday Third Monday in January Washington’s Birthday 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

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

1. Bid Guarantee:

a. A bid guarantee is required with this proposal. When notified by the Contracting Officer, the successful offeror shall submit a bid guarantee 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.

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

c. 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.

d. 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.

2. 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.

a. 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.

b. 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.

3. 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.

NOTE: Required bonds shall be furnished by the contractor to the government prior to commencement of contract performance. Performance and payment bonds, in the amount stated above will also be required for any options exercised. Performance and payment bonds or “Consent of Surety” shall be submitted to the Contracting Officer prior to the exercise of any option period.

H-004: PREPARATION OF PROGRESS SCHEDULE AND REPORTS

The reports contemplated by the clause titled, “Schedules for Construction Contract” shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report for all delivery orders with a performance period of more than 60 days.

H-005: PREPARATION OF MATERIAL APPROVAL SUBMITTALS

The submittals contemplated herein entitled “Material and Workmanship” shall be accomplished on and in accordance with instructions pertaining to AF Form 3000, Material Approval Submittal.

H-006: PAYMENT FOR MATERIALS STORED ON SITE

1. This clause implements FAR 52.232-5, Payments Under Fixed Price Construction Contracts, with regard to material payments.

2. Consideration for payment under this contract for materials stored on site is subject to the following conditions:

a. The contractor shall furnish the Contracting Officer a list of major high-cost items to be incorporated into the contract and for which payment, prior to installation, will be requested. Those items approved by the contracting officer will be entered on the AF Form 3064, Contract Progress Schedule, as a percentage factor, or factors if items are listed individually.

b. Payment is limited to major high-cost items. A major high-cost item is defined as a single item of material with a unit price of $500.00. Such costs as sales tax, freight, handling, pallets, etc., are excluded.

c. Payment requests shall be consistent with approved material submittals and shall be supported by the following documents

(i) Certified paid vendor invoices.

(ii) Accepted delivery tickets, if applicable.

d. All material for which payment is requested shall be delivered to an approved location on site, and certified that none will be removed without written permission of the contracting officer. Materials may also be stored in a bonded warehouse.

e. Payments will be made monthly, or at more frequent intervals as determined by the Contracting Officer.

H-007: SECURITY REQUIREMENTS

1. 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 by the National Crime Information Center (NCIC). NCIC checks will verify if a person is wanted by local, state, and federal agencies. All contractor and subcontractor personnel must consent to NCIC background checks. Contractor and subcontractor personnel who do not consent to an NCIC check will be denied access to the installation. Information required to conduct an NCIC check includes: full name, driver's license number/state issued/expiration date, social security number, and date of birth of the person entering the installation and shall be submitted in conjunction with the contractor's request for vehicle passes. Completion of a successful NCIC check does not invalidate the requirement for an escort when contractor or subcontractor personnel are working within controlled or restricted areas.

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

3. 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.

H-008: LIMIT ON TOTAL ORDERS

In addition to the limitations identified in FAR 52.216-19, Delivery-Order Limitations, the Government is not required to purchase from the Contractor during any contract period, nor is the contractor required to furnish, combined requirements exceeding 125 percent of the estimated total amount of the contract for that contract period, unless mutually agreed to by the parties.

NOTE 1: REQUIREMENTS EXCLUDED FROM THIS CONTRACT: Reference FAR clause 52.216-21, entitled “REQUIREMENTS.” As noted in paragraph (a) of the clause, the following item of requirement is specifically excluded from this contract:

All requirements of the same or similar nature that are included as components or parts of current on-going projects.

NOTE 2: WAGE RATES-EXERCISE OPTIONS: The contracting officer shall, concurrent with the exercise of any option, incorporate the current applicable Davis Bacon Wage Determination which shall remain effective for the entire option period.

The contractor shall compensate all covered employees at not less than the rate specified on the Wage Decision, applicable to the current option period. No contract price adjustment will be made relative to the incorporation of the current Wage Decision.

H-009 ECONOMIC PRICE ADJUSTMENT – LIQUID ASPHALT MATERIAL

1. Economic price adjustment reflects the current market price at time of award of the Delivery Order. By the 5th day of each month of this requirements contract period (but within five days after contract award, if contract award is after the 5th day of the month), the Contractor shall notify and provide proof of the increase/decrease of the price of liquid asphalt which impacts (a) CLINS 0001CN, 0001CP, 0001CQ, 0001CR, 1001CN, 1001CP, 1001CQ, 1001CR, 2001CN, 2001CP, 2001CQ, 2001CR, 3001CN, 3001CP, 3001CQ, 3001CR. The notification shall include the Contractor’s proposal for an adjustment in the contract unit prices on a prospective basis for that month. It shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor’s adjustment proposal.

2. Prior to the award of any delivery order, the Contracting Officer shall modify the contract to apply the most recent adjustment, either increase or decrease, to the Contract Line Item Numbers (CLINS) affected by the adjustment.

3. Any price adjustment under this clause is subject to the following limitations. Any adjustment shall be limited to the affect on unit prices of asphalt materials on CLINS as listed in (a) above. There shall be no adjustment for (i) material for which the production cost is not affected by such changes, (ii) changes in unit prices other than those CLINS as listed in (a) above, or (iii) changes in the quantities of material used form those shown in Part I – The Schedule, Section B, for CLINS listed in paragraph (a).

4. The Contracting Officer may examine the Contractor’s books, records and other supporting data relevant to the cost of material for all reasonable items until the end of 3 years after the date of final payment under this contract or the time periods specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is later.

5. The Delaware Posted Asphalt Cement Price will be used as the standard of measurement of this clause. The Base Price will be the Delaware Posted Asphalt Cement Price in effect at the time of receipt of bids. The Delaware Posted Asphalt Cement Price is located at www.deldot.net. From the home page select doing business with Deldot.

At the next page under competitive bids select Delaware Posted Asphalt Price.

http://www.deldot.net/�

Base Price is the price posted by the Sun Company, Philadelphia PA which has been adopted by the State of Delaware as the prevailing rate per ton for asphalt cement.

The calculation of the adjustment will be as shown in the following EXAMPLE:

Delaware Posted Asphalt Cement Price (per ton) in effect at the time contractor acceptance for delivery order $400.00 less: Delaware Posted Asphalt Cement Price in effect at The time of receipt of bids $388.33

EQUALS: Amount of increase/decrease $11.67

DIVIDED BY: Delaware Posted Asphalt Cement Price in Effect at the time of receipt of bids $388.33

EQUALS: EPA Adjustment Percent 3%

(f) The adjustment of the individual items will be as shown in the following example:

Bid Price of one of the items as listed in (a) above $300.00

MULTIPLIED TIMES: Percent Asphalt Material 4% (This percentage is located on page 246, of respective Schedule B annotation)

EQUALS: Percent of Bid Price Allocated to Asphalt Material $12.00

MULTIPLIED TIMES: EPA Adjustment Percent 3%

EQUALS: Adjustment amount per ton for example delivery Order. $.36

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.225-12 Alt II Notice of Buy American Act Requirement--Construction

Materials Under Trade Agreements (Feb 2009) Alternate II

JUN 2009

252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.227-7033 Rights in Shop Drawings APR 1966

The following have been added by full text:

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material Identification No.

(If none, insert "None")

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) 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.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (SEP

2010)

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

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

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

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

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

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

(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore);

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

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, St. Kitts and Nevis, St. Lucia, St.

Vincent and the Grenadines, or Trinidad and Tobago).

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

Domestic construction material means--

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

(2) A construction material manufactured in the United States, if--

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

(ii) The construction material is a COTS item.

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

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

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

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

“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

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

“Least developed country construction material” means a construction material that—

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

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

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

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

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

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

(b) Construction materials.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American Act restrictions are waived for designated county construction materials.

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

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate ``none'']

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1:

Foreign construction material Domestic construction material Item 2:

Foreign construction material Domestic construction material \1\ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

52.225-11 BUY AMERICAN ACT --CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS

(AUG 2009) ALTERNATE I (JUN 2009)

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

Australian, Chilean, or Moroccan construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of Australia, Chile, or Morocco; or

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

Bahrainian, Mexican, or Omani construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of Bahrain, Mexico; or Oman

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

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

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

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

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

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

(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore);

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

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Dominica, Grenada, Guatemala, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, St. Kitts and Nevis, St.

Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago).

Domestic construction material means--

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

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

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

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

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

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

“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

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

“Least developed country construction material” means a construction material that—

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

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least…