13-R-0005_SABER_RFP.doc

Section B - Supplies or Services and Prices

Lot

Base Period (Date of Award+365 Days)

FFP

The contractor shall perform maintenance, repair, and minor construction IAW attachment 1, Technical Specifications for SABER. Each Task Order issued against this IDIQ contract will also have its own set of specifications/work statements/drawings.

COEFFICIENTS:

Offer shall insert proposed coefficient rates for CLINs 0001 through 4001 IAW Coefficient (attachment 9) Schedule B. Coefficients provided shall remain constant and in effect for the life of the contract (One base period and four option periods).

Standard Work Hours (0730 to 1630, excluding __________ weekends and holidays).

Non-Standard Work Hours (other than the Standard __________

Work Hours referred to above).

Restricted Areas.

-Weapon Storage Area

-Air Field

Missile Field (Secure Area).

Non-Priced Item (NPI) Coefficient. __________

FOB: Destination

SIGNAL CODE: A

NET AMT

Lot

FFP

The contractor shall perform maintenance, repair, and minor construction IAW attachment 1, Technical Specifications for SABER. Each Task Order issued against this IDIQ contract will also have its own set of specifications/work statements/drawings.

COEFFICIENTS:

Offer shall insert proposed coefficient rates for CLINs 0001 through 4001 IAW Coefficient (attachment 9) Schedule B. Coefficients provided shall remain constant and in effect for the life of the contract (One base period and four option periods).

Standard Work Hours (0730 to 1630, excluding __________ weekends and holidays).

Non-Standard Work Hours (other than the Standard __________

Non-Priced Item (NPI) Coefficient. __________

NET AMT

Lot

FFP

The contractor shall perform maintenance, repair, and minor construction IAW attachment 1, Technical Specifications for SABER. Each Task Order issued against this IDIQ contract will also have its own set of specifications/work statements/drawings.

COEFFICIENTS:

Offer shall insert proposed coefficient rates for CLINs 0001 through 4001 IAW Coefficient (attachment 9) Schedule B. Coefficients provided shall remain constant and in effect for the life of the contract (One base period and four option periods).

Standard Work Hours (0730 to 1630, excluding __________ weekends and holidays).

Non-Standard Work Hours (other than the Standard __________

Non-Priced Item (NPI) Coefficient. __________

NET AMT

Lot

FFP

The contractor shall perform maintenance, repair, and minor construction IAW attachment 1, Technical Specifications for SABER. Each Task Order issued against this IDIQ contract will also have its own set of specifications/work statements/drawings.

COEFFICIENTS:

Offer shall insert proposed coefficient rates for CLINs 0001 through 4001 IAW Coefficient (attachment 9) Schedule B. Coefficients provided shall remain constant and in effect for the life of the contract (One base period and four option periods).

Standard Work Hours (0730 to 1630, excluding __________ weekends and holidays).

Non-Standard Work Hours (other than the Standard __________

Non-Priced Item (NPI) Coefficient. __________

NET AMT

Lot

FFP

The contractor shall perform maintenance, repair, and minor construction IAW attachment 1, Technical Specifications for SABER. Each Task Order issued against this IDIQ contract will also have its own set of specifications/work statements/drawings.

COEFFICIENTS:

Offer shall insert proposed coefficient rates for CLINs 0001 through 4001 IAW Coefficient (attachment 9) Schedule B. Coefficients provided shall remain constant and in effect for the life of the contract (One base period and four option periods).

Standard Work Hours (0730 to 1630, excluding __________ weekends and holidays).

Non-Standard Work Hours (other than the Standard __________

Non-Priced Item (NPI) Coefficient. __________

NET AMT

Section C - Descriptions and Specifications

DESCRIPTIONS AND SPECS

C-1 SPECIFICATION, STANDARDS AND DRAWINGS IAW FAR 11.201

SPECIFICATIONS: SIMPLIFIED ACQUISITON OF BASE ENGINEERING REQUIREMENTS CONTRACT

The contractor shall furnish all labor, materials, supervision, quality control, testing, equipment and transportation necessary to perform all Task Orders in accordance with drawings and specifications applicable to Minot AFB, that are identified as attachments to this solicitation in Section J hereof.

Specifications, standards or drawings (as applicable) are furnished as Attachment 1, Specifications for Simplified Acquisition of Base Engineering Requirements (SABER), dated Dec 12 as listed in Section J.

A. Design Drawings

Contractor shall submit Design Drawings with each proposal for each Task Order. The complexity of these drawings will be driven by the complexity of the task. Drawings included with the proposal must be thorough enough to allow the government and contractor to estimate prepriced and non-prepriced items, for the government to monitor the work, and the contractor to execute the work. Refer to Specification Section 01050, for specific details. Once the Task Order is awarded, the design drawings shall become the basis for the record drawings.

B. Record Drawings (As Builts)

During the progress of the work, the Contractor shall keep a stamped SABER office approved set of drawings on the job site. If the Contractor fails to maintain the stamped drawings as required herein, the Contracting Officer will consider that satisfactory progress has not been achieved for the period in question. Final payment will be withheld until As-Built record drawings are submitted to and approved by the applicable Contracting Officer.

CLAUSES INCORPORATED BY REFERENCE

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

INSPECTION AND ACCEPTANCE

E-1 INSPECTION AND ACCEPTANCE

A. Pre-Final and Final Inspection (Task Orders):

1. Civil Engineers shall conduct a pre-final inspection prior to the contractor requesting a final inspection. The government will accompany the contractor on the pre-final inspection. Any discrepancies noted shall be corrected prior to any final inspection.

2. When ready for final inspection, the contractor shall request final inspection in writing to the Contracting Officer. The final inspection shall normally be requested a minimum of ten (10) days before the desired date or as otherwise negotiated with the Contracting Officer.

3. The final inspection will be at the project location with the Contractor, the Project Inspector and Contracting personnel at the site.

B. Designation of Government Inspector:

The Civil Engineer or authorized representative is designated as the representative of the Contracting Officer for the purpose of serving as the government’s inspector. The designation will be provided to the contractor in writing following contract award. The inspector will perform duties including technical surveillance, ensuring compliance with workmanship and with the plans and specifications of this contract. This provision does not authorize anyone other than the applicable Contracting Officer to commit the government to changes in the terms of a Task Order.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract DATE TO BE DETERMINED after the date the Contractor receives the notice to proceed *, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than ** days. The time stated for completion shall include final cleanup of the premises.

* A separate notice to proceed will be used with each task order.

** Performance period will be stated in each individual task order.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of TBD per task order for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

CONTRACTOR MOBILIZATION

I. CONSTRUCTION START UP PERIOD

A. The first 30 days of the performance period of the contract will be designated as a startup period, after which the contractor shall have all equipment and personnel in place to fully execute the requirements of this contract. The contractor will be allowed the first 15 calendar days of the startup period to mobilize without being notified by the applicable Contracting Officer of a performance requirement. During the remainder of the start-up period, the contractor shall have the required capability to accept a volume of government requirements in accordance with the following schedule.

Calendar Days

Required Capability

After Award

(Cumulative Value of Work)

15-29 days after performance period begins

Under $500 Thousand

30-45 days after performance period begins

Over $500 Thousand

Contractor shall reach full performance capability by 45 days after performance period begins and meet requirements under contract clause 52.216-19, Order Limitations.

B. During these periods the government may request work over and above the stated capability. The contractor may decline additional work without penalty.

C. Exclusion Periods (e.g. Winter) in Computing Completion Schedules: No work will be required during the exclusion period. Such a period shall not be considered in computing the time allowed for completion. The contractor may, however, perform work during all or any part of this period upon receiving written approval by the applicable Contracting Officer. The contractor shall provide written request to work during the exclusion periods to the applicable contracting officer. Exclusion periods shall be determined for each individual Task Order. This paragraph shall apply to all Task Orders throughout the contract performance period and any extension of performance.

II. PERFORMANCE REQUIREMENTS

1. TASK ORDER AWARD PROCESS

(a) Individual firm fixed priced Task Orders will be issued for requirements covered by the awarded SABER contract.

(b). Contractor’s proposal. Time for submittal of the Contractor’s proposal for each individual requirement will be determined by the Government, but will normally be:

3 to 15 Days based on project complexity

NOTE: The government reserves the right to request proposal submittals outside the timelines stated above. This will typically be during end of the fiscal year, usually a two month period during the months of August and September, but is not exclusive to this timeframe.

It shall be the mutual goal of the contracting parties to finalize negotiations within 14 calendar days after submittal of a proposal to the government. A Task Order will be issued by the Contracting Officer after negotiations are completed and both parties agree on a price for the work to be performed.

DELIVERIES OR PERFORMANCE

PROGRESS SCHEDULE, AF FORM 3064

Progress Schedules shall be submitted to the contracting officer and approved prior to start of work at the job site. Approved schedules will not be changed without prior contracting officer approval. All work must be accomplished in such a manner that minimum inconvenience will be caused to the using agencies. Failure to provide a progress schedule may result in a rejection of invoices.

PERFORMANCE PERIOD

This contract is for a base year and four option years. Each Task order issued against this contract has a separate performance period.

Base Year

Date of Award +365 Days

1st Option Year

End of Base Year + 365 Days

2nd Option Year

End of 1st Option + 365 Days

3rd Option Year

End of 2nd Option + 365 Days

4th Option Year

End of 3rd Option + 365 Days

Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

5352.232-9000 REMITTANCE ADDRESS (MAY 1996)

If the remittance address is different from the mailing address, enter the remittance address below. Failure to provide this information may impact payment.

WAWF

WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS (DEC 2011)

WAWF is a web-based tool for the electronic processing of invoices and receiving reports. The URL for WAWF is https://wawf.eb.mil. There are no charges to use WAWF. New users can obtain assistance with registration and system setup at the WAWF website under “New User”. If additional assistance is required contact the WAWF Help Desk at 866-618-5988 or email cscassig@csd.disa.mil.

Training for WAWF is available at https://wawftraining.eb.mil/. This is a web-based training tool that mirrors the WAWF production site. Be sure to review the Training Instructions prior to beginning the training course.

THE FOLLOWING INFORMATION WILL BE REQUIRED TO ROUTE YOUR INVOICES CORRECTLY THROUGH WAWF.

When submitting an invoice in WAWF, pay particular attention to the type of invoice. Invoice types and coding used at Minot AFB are:

CONSTRUCTION = Construction Contracts

Issue DoDAAC = FA4528

Admn DoDAAC = FA4528

Inspect By DoDAAC = F3C3CN

Service Acceptor “Ship To” Code = F3C3CN The Pay Office DoDAAC is F67100

Government Service Acceptor: Will be determined at the task order level

Contract Administrator: Will be determined at the task order level Contracting Officer: Will be determined at the task order level Construction contractors shall use the Construction Payment Invoice and attach AF Form 3065.

Additional information on Electronic Commerce is available at the Defense Finance and Accounting Service (DFAS) Electronic Commerce Tool Box website located at http://www.dfas.mil/contractorpay/electroniccommerce.html.

Questions concerning payment should be directed to the Customer Care section of the DFAS Limestone office at 866-724-0526. Please have your order number and invoice number ready when calling about payment status. If you’re paying office is other than Limestone, contact your Contract Administrator for the customer service phone numbers.

Should you need additional assistance with WAWF, contact your Contract Administrator.

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

EMPLOYEES RESTRICTIONS

The Government reserves the right, under this contract to restrict the employment of any employee, or prospective contractor employee, who is identified as a potential threat to the health, safety, or general wellbeing of operations mission of the installation and its population. Contractor Management and employees must conduct themselves in a professional manner at all times, in the performance of their assigned duties and responsibilities.

TRAFFIC REGULATIONS

Contractor will abide by all traffic regulations outlined in the Air Force Regulation 31-204, for Minot AFB, as supplemented. Copies of these regulations and supplements are available for review at Base Pass and Registration, 15 Missile Avenue or Base Security Police Office, 330 Tanker Trail. Changes will be furnished to the contractor prior to enforcement.

MANDATORY SEATBELT REQUIREMENT

The use of seatbelts by all vehicle operators and passengers is mandatory on Minot AFB, ND, to include the operation of vehicles on Minot AFB Missile Sites. The first offense carries a mandatory ten-day driving suspension. The second offense has a 30-day driving suspension. The third offense and subsequent offenses, the driving suspension period will be determined by the 5th Mission Support Group Commander.

CELL PHONE USAGE & TEXTING

The use of cellular telephones and texting without the use of hands-free device while driving on Minot AFB is prohibited.

COMPLIANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL REQUIREMENTS

In performing work under this contract, the Contractor shall comply with all applicable federal, state, and local statutes, ordinances, laws and regulations.

PREPARATION OF MATERIAL APPROVAL SUBMITTALS

In accordance with FAR 52.236-5, the submittals contemplated by the clause herein entitled "Material and Workmanship" shall be accomplished on and in accordance with instructions pertaining to AF Form 3000, Material Approval Submittal.

PAYMENTS FOR MATERIALS DELIVERED TO WORK SITE

The government will not pay for materials delivered to the work site. Payment for progress is the normal method of payment on contracts.

INTERRUPTION OF UTILITY SERVICES

The Government may not be held responsible for interruptions of utility service and will not be liable for contractor delays, damages, or increased costs occasioned by any such interruption of service.

CLASS I OZONE DEPLETING SUBSTANCES/CHEMICALS

If this project has any materials or equipment that contains Class I Ozone depleting substances/chemicals, you are required to contact the Contracting Officer for further instructions prior to providing the product or equipment.

BID, PAYMENT, AND PERFORMANCE BONDS

(a) Bid Guarantee (Standard Form 24). The amount of the bid guarantee shall be 20% of the proposal price.

(b) Performance Bonds (Standard Form 25). The penal amount of performance bonds shall equal 100 percent of the contract price order price.

(c) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds shall equal 100 percent of the contract price.

HIRING OF ILLEGAL ALIENS

It is prohibited to hire illegal aliens for work on this contract. Illegal aliens will not be permitted access to Minot AFB, ND. Violation of this policy will result in corrective action.

LOCAL AREA

NOTE: The following websites are offered prospective offerors as general indicators of the current economic situation/condition of the local Minot AFB trade area (including labor/unemployment, and housing information). Please note it is recommended you use these sites to locate City of Minot or Ward County data versus North Dakota state-wide information.

http://www.minotchamber.org/ http://www.minotusa.com/ http://www.jobsnd.com/ http://www.ahrn.com http://visitminot.org http://www.NDAA.net

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

President's Day

Third Monday in February

Memorial Day

Last Monday in May

Independence Day

4 July

Labor Day

First Monday in September

Columbus Day

Second Monday in October

Veterans Day

11 November

Thanksgiving Day

Fourth Thursday in November

Christmas Day

25 December

NOTE: "Any of the above holidays falling on a Saturday will be observed the preceding Friday, holidays falling on a Sunday will be observed on the following Monday."

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of task orders by the individuals or activities designated in the Schedule. Such orders may be issued during the Period of Performance (PoP).

(b) All task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

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

(2) Any order for a combination of items in excess of $750,000.00; or

(3) A series of orders from the same ordering office within N/A days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the completion date of this contract or the last active task order.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years and six (6) months.

(End of clause)

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)

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

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to The Contracting Officer, the government’s Project Manager, and 5th Civil Engineering Environmental Office (CVA).

(End of clause)

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010)

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

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

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

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

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

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

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

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

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

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

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

Domestic construction material means--

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: None

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

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

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

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

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) \1\

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

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

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

Include other applicable supporting information.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://farsite.hill.af.mil/ (End of clause)

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 Defense Federal Acquisition Regulation (DFARS) (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

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

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

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

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

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

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

(c) In general--

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

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

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

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

See Section J.

(End of clause)

5352.201-9101 OMBUDSMAN (AUG 2005)

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

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

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen, AFGSC/A7K, 66 Kenney Avenue, Suite 233, Barksdale AFB, LA 71110; Commercial Phone (318-456-6336); Email: AFGSCA7K@barksdale.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.

5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (MAY 1996)

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

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

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

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

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

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

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

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

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

Substance Application/Use Quantity (lbs)

(IDENTIFIED ON AN INDIVIDUAL TASK ORDER BASIS)

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

5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (JUN 1997)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Comply with the specific health and safety requirements established by this contract;

(2) Comply with the health and safety rules of the Government installation that concern related activities not directly addressed in this contract;

(3) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(4) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(c) The contracting officer may, by written order, direct Air Force Occupational Safety and Health Standards (AFOSH) and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(d) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (MAY 1996)

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

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, and a 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 31-209, the Air Force Resource Protection 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) Prior to submitting an invoice for final payment, the prime contractor shall obtain a clearance certification from the issuing office which states all base identification passes have been turned in, accounted for, or transferred to a follow-on contract.