13-R-0007-0001_Amendment.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required performance has changed from 1) Project Title: Paving IDIQ.2) Location: Minot AFB, ND.3) This acquisition is 100% Small Business Set-Aside. 4) Award of this solicitation will result in a Firm-Fixed-Priced (FFP), Indefinite Delivery, and Indefinite Quantity (IDIQ) contract.5) Period of Performance (POP): One (1) Base Year with One (1) Option Years.6) The contract maximum is $1,999,000. 7) In block 11 of the SF1442, Performance and Calendar days shall be determined at the task order level. 8) In block 12 of the SF1442, Performance and Payment bonds shall also be determined at the task order level. NOTE 1: The US Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint.NOTE 2: Site Visit attendance is HIGHLY RECOMMENDED however, not mandatory. Please see section L, FAR 52.236-27 for more information.NOTE 3: Notice to Offerors: Funds are not presently available for this effort. Please see section L for more information. to 1) Project Title: Paving IDIQ.2) Location: Minot AFB, ND.3) This acquisition is 100% Small Business Set-Aside. 4) Award of this solicitation will result in a Firm-Fixed-Priced (FFP), Indefinite Delivery, and Indefinite Quantity (IDIQ) contract.5) Period of Performance (POP): One (1) Base Year with One (1) Option Years.6) The contract maximum is $1,999,000. 7) In block 11 of the SF1442, Performance and Calendar days shall be determined at the task order level. 8) In block 12 of the SF1442, Performance and Payment bonds shall also be determined at the task order level. NOTE 1: The US Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint.NOTE 2: Site Visit attendance is HIGHLY RECOMMENDED however, not mandatory. Please see section L, FAR 52.236-27 for more information.NOTE 3: "Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing da.

SECTION F - DELIVERIES OR PERFORMANCE

The following have been modified:

CONTRACTOR MOBILIZATION

CONSTRUCTION MOBILIZATION/EXCLUSION PERIODS

A. The following applies to the initial (seed) project and all subsequent Task Orders for this contract: The first 10 business days of the performance period for any Task Order under this contract will be designated as a mobilization period and will not be counted against the total allowed period of performance as indicated in the Construction Notice To Proceed (CNTP). After the allowed mobilization period, the contractor is expected to be at full performance capability and meet requirements under contract clause 52.216-19, Order Limitations.

B.

Exclusion Periods (e.g. Winter) in Computing Completion Schedules: No work will be required during the exclusion period of 1 November – 30 April. 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. This paragraph shall apply to all Task Orders throughout the contract performance period and any extension of performance.

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)

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)

SECTION G - CONTRACT ADMINISTRATION DATA

The following have been modified:

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.

5 CONS/LGCA

Attn: SrA Margaret Kroening

165 Missile Avenue

Minot AFB ND, 58705

Comm (701) 723-3556

Fax to (701) 723-4179

SECTION I - CONTRACT CLAUSES

The following have been modified:

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) 52.225-11 BUY AMERICAN ACT --CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (NOV 2012) ALTERNATE I (MAR 2012)

(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 (Armenia, 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, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, 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, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, 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 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. chapter 83) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, 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 all the Free Trade Agreements except the Bahrain FTA, NAFTA, and the Oman FTA apply to this acquisition. Therefore, the Buy American Act restrictions are waived for designated country construction materials other than Bahrainian, Mexican, or Omani construction materials.

(2) The Contractor shall use only domestic or designated country construction material other than Bahrainian, Mexican, or Omani 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 the construction materials or components listed by the Government as follows: 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.

(End of clause)

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

**NOTE: the following only applies to task orders under the SAT ($150K)

(i) A payment bond.

(ii) An irrevocable letter of credit (ILC).

(iii) A tripartite escrow agreement. The prime contractor establishes an escrow account in a federally insured financial institution and enters into a tripartite escrow agreement with the financial institution, as escrow agent, and all of the suppliers of labor and material. The escrow agreement shall establish the terms of payment under the contract and of resolution of disputes among the parties. The Government makes payments to the contractor’s escrow account, and the escrow agent distributes the payments in accordance with the agreement, or triggers the disputes resolution procedures if required.

(iv) Certificates of deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the contracting officer, in an acceptable form, executable by the contracting officer.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(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/vffara.htm http://farsite.hill.af.mil/vfdfara.htm

(End of clause)

The following have been deleted:

The following were previously included by reference and are now included by full text:

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012)

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

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

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

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

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

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

(3) For long-term contracts--

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

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

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

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

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

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

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

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

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

(End of clause)

52.243-4 CHANGES (JUN 2007)

(a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes--

(1) In the specifications (including drawings and designs);

(2) In the method or manner of performance of the work;

(3) In the Government-furnished property or services; or

(4) Directing acceleration in the performance of the work.

(b) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating

(1) the date, circumstances, and source of the order and

(2) that the Contractor regards the order as a change order.

(c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment.

(d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause shall be made for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications.

(e) The Contractor must assert its right to an adjustment under this clause within 30 days after

(1) receipt of a written change order under paragraph (a) of this clause or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting to the Contracting Officer a written statement describing the general nature and amount of the proposal, unless this period is extended by the Government. The statement of proposal for adjustment may be included in the notice under paragraph (b) above.

(f) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract.

(End of clause)

252.203-7004 Display of Fraud Hotline Poster(s) (DEC 2012)

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

(b) Display of fraud hotline poster(s).

(1) The Contractor shall display prominently in common work areas within business segments performing work in the United States under Department of Defense (DoD) contracts DoD hotline posters prepared by the DoD Office of the Inspector General. DoD hotline posters may be obtained via the Internet at http://www.dodig.mil/HOTLINE/hotline_posters.htm.

(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds, the DHS fraud hotline poster shall be displayed in addition to the DoD fraud hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from:

[Contracting Officer shall insert the appropriate DHS contact information or website.]

(3) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts that exceed $5 million except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

The following have been deleted:

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

PROPOSAL INSTRUCTIONS

01.

PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. The response shall consist of three (3) separate parts; Part I - Price Proposal, Part II - Technical Proposal, and Part III - Past Performance Information.

B. The Contracting Officer (CO) has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the CO will review this determination and if, in the CO’s opinion, adequate price competition exists, no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the CO determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the CO to determine the reasonableness and affordability of the price.

C. Specific Instructions:

1. PART I – PRICE PROPOSAL - Submit original and one (1) electronic copy on CD-ROM

(a) Complete blocks 14 through 20C of the RFP Section A, SF 1442. In doing so, the offeror accedes to the contract terms and conditions as written in the RFP Sections A through K. These sections constitute the model contract.

(b) Insert proposed prices utilizing Bid Schedule Attachment 2, including all option periods. Offerors shall propose on all bid items and shall not alter any estimated bid quantizes amounts in the Bid Schedule.

(c) Complete the necessary fill-ins and certifications in Sections I through K. Section K shall be returned in its entirety. For Sections C through I, the offeror shall submit only those pages that require a fill-in.

(d) A letter of authorization for the Contracting Officer to verify offeror’s financial responsibility (Attachment 5). Include name, address and phone numbers for financial institutions to include points of contact.

(e) A letter from the offeror’s bonding company, stating the offeror’s bonding capacity and ability to meet the bonding requirements of the contract listed in Section F and the requirements of FAR clause 52.228-15.

(f) Acknowledgement of all amendments to the solicitation in accordance with the instructions on the SF 30 (amendment form).

2. PART II – TECHNICAL PROPOSAL - Limited to no more than 50 pages. Submit original plus one (1) electronic copy on CD-ROM.

(1) Sub-Factor 1- Project Management and Quality Control A. CRITERIA: The offeror must demonstrate how they intend to schedule and complete the construction set forth in the RFP.

B. MINIMUM STANDARD OF ACCEPTABILITY: To meet the minimum standard of acceptability, the offeror must:

(i) Provide an organizational chart and describe functions/responsibilities and authorities for duties such as: overall project management, project managers, site superintendent, quality control, and subcontracting administration.

(ii) Provide resumes for key personnel and credentials to ensure all key personnel are adequately qualified to perform in these positions during performance of this contract.

(iii) Provide a quality control plan broad enough to address all aspects of quality control to include responsibility for surveillance of work by both subcontractors and in-house quality control inspectors, process for acceptance/rejection, documentation and resolution of deficiencies for work performed by in-house work force or subcontractors and the plan for interfacing with Government inspector(s).

(iv) Describe the level of technical support available on-site to ensure timely response to project requirements (i.e. – estimating, drafting, etc).

(v) Identify and describe the plan for warranty of construction.

(2) Sub-Factor 2- Performance and Payment Bonding Capacity ($1,999,000.00 Aggregate minimum) A. CRITERIA: Offeror must provide evidence that it is able to obtain a minimum Performance and Payment Bonding aggregate capacity of $1,999,000.00.

B. MINIMUM STANDARD OF ACCEPTABILITY: The minimum standard of acceptability is met when the offeror submits bonding capability documents that meet the aggregate and project amounts, backed by a bonding surety with a best company rating of ‘A’. The document must also include the surety company’s name, address, phone number, and points of contact.

NOTE – Technical Proposals will be rated on an acceptable/unacceptable basis by sub factors.

D. Documents submitted in response to this RFP must be fully responsive to and consistent with the following:

1. Requirements of the RFP (CLINs & SPECIFICATIONS) and US Government standards and regulations pertaining to the SPECIFICATIONS.

2. Evaluation Factors for Award in Section M of this RFP.

3. Pages exceeding the page limitations set forth in this Section L will not be read or evaluated, and will be removed from the proposal.

3. PART III – PAST PERFORMANCE INFORMATION - Limited to no more than three (3) contracts/jobs referenced with no more than ten (10) pages per contract/job listed. Only references for same or similar type contract desired. Submit original plus one (1) electronic copy on CD-ROM.

The US Government will consider and evaluate offeror's past performance information deemed recent and relevant for the requirements of this RFP. The government will use information submitted by the offeror and other sources such as other Federal Government offices and commercial sources, to assess performance. Recent and Relevant is defined in the subparagraph below:

Recency: Any completed General Paving Repair work. The effort must be ongoing (50% complete) or must have been completed within the past three (3) years from the date of issuance of this solicitation. Past performance information that is not recent will not be evaluated.

Relevancy: Having successfully completed General Paving Repair work and must have been actively engaged as a contractor, either prime or subcontractor, performing such work as defined by the North American Industry Classification System Code (NAICS Code) 237310 with the value of contracts at a minimum of a similar dollar value (at least over $150,000 Thousand), physical size, complexity and function, utilizing techniques relevant to those required by this solicitation.

(a) Quality and Satisfaction Rating for Contracts Completed in the Past

Three Years: Provide any information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed product for same or similar type contract. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc.

(b) Performance Surveys/Past Performance Questionnaires: Provide a list of up to three (3) projects of the most relevant contracts performed for Federal agencies and/or commercial customers within the last three (3) years which shows General Paving Repair work of a similar dollar value (at least over $150,000 Thousand), physical size, complexity and function, utilizing techniques relevant to those required by this solicitation. Relevant contracts include Construction contracts. Furnish the following information for each contract listed:

1. Company/Division name

2. Product/Service

3. Contracting Agency/Customer

4. Contract Number

5. Contract Dollar Value

6. Period of Performance

7. Verified, up-to-date name, address, FAX & telephone number of the contracting officer

8. Comments regarding compliance with contract terms and conditions

9. Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

NOTE – If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past performance information on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past and present relevant contracts. Pursuant to paragraphs 3. (a) and 3. (b).

NOTE – In addition to the above information, the offeror shall mail Attachment 4 of this solicitation Past Performance Questionnaire, to the list of three (3) most relevant contract references. Instruct these references to complete the Past Performance Questionnaire and return it to:

5 CONS/LGCA

Attn: SrA Margaret Kroening and SSgt Willa St. John, FA4528-13-R-0007

165 Missile Ave

Minot AFB, MD 58705 or via email at margaret.kroening@us.af.mil and willa.st_john@us.af.mil

(c) Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

An English speaking representative point of contact, including name, phone number, fax number and email address (if possible) should be provided for each project submitted to demonstrate experience.

D. Documents submitted in response to this RFP must be fully responsive to and consistent with the following:

1. Requirements of the RFP (CLINs & SPECIFICATIONS) and US Government standards and regulations pertaining to the SPECIFICATIONS.

2. Evaluation Factors for Award in Section M of this RFP.

3. Any limitation on the number of proposal pages. Pages exceeding the page limitations set forth in this Section L will not be read or evaluated, and will be removed from the proposal.

NOTE – Past Performance Proposals will be rated on an acceptable/unacceptable basis.

4. Format for proposal Parts II shall be as follows:

(a) The proposals will be 8 1/2” x 11” paper or standard A4 paper, except for fold-outs used for charts, tables, or diagrams, which may not exceed 11” x 17”.

(b) A page is defined as one face of a sheet of paper containing information.

(c) Typing shall not be less than 12 pitch.

(d) Elaborate formats, bindings or color presentations are not desired or required.

E. Copies/Page Limit: Copies of each volume shall be submitted in accordance with the chart below:

2:00 PM Local

2:00 PM Local

Past Performance Surveys 12 April 2013

2:00 PM Local 1 Original + 1 Copy on CD-ROM

- Originals submitted by respondents

- No more than three (3) contracts/jobs referenced with no more than ten (10) pages per contract/job listed.

- Faxed /Mailed/Emailed in accordance with Attachment Past Performance Questionnaire

NOTE – This does not include the Past Performance Questionnaire.

02.

GENERAL INFORMATION

A. Contractors should be aware that this is a United States Air Force (USAF) Base and that all access to this installation is granted by the USAF. Therefore SOME DELAYS SHOULD BE ANTICIPATED WHEN HAND CARRYING PROPOSALS. Offeror should allow sufficient time to arrive and submit the proposals to Contracting Office PRIOR to the set closing time. Late proposals will be processed in accordance with the provisions established in FAR 15.208 “Late Submission, Modifications, and Withdrawals of Proposals”. If a gate access is not granted please contact the CO immediately. The contractors are responsible for coordinating and processing gate pass requests in a timely manner. The USG shall not be held accountable. Furthermore, contractors must consider that although the duty day is Monday through Friday from 07:30 to 16:30, contractors may not get to the job site at 07:30 due to USAF gate entrance procedures. Also, contractors need to exit the base by 16:30. This may require contractors to stop work, prepare to leave the base, and clean up prior to 16:30. Contractors are encouraged to take this into consideration when proposing a delivery or performance time. The USG shall not be responsible for delays due to in-processing or out-processing the base.

B. All contractors’ questions in response to this solicitation must be emailed to margaret.kroening@us.af.mil and willa.st_john@us.af.mil no later than 8 Apr 2013 at 09:00 A.M. local time. The US Government will not be held responsible for answering any questions after this time. All questions/answers resulting from this solicitation will be disseminated via email.

C. This section provides general guidance for preparing proposals. Offerors’ proposals must include all data and information requested by this solicitation and must be submitted and conducted in strict accordance with these instructions. Non-conformance with the specific organization, content, and page limitations may result in mis-evaluation of proposals or depending on the magnitude of the non-conformance; the proposals may be eliminated from further consideration.

D. THE PROPOSAL must be completed and returned to the 5th Contracting Squadron/ LGCA, Building#165, Minot AFB, ND, PRIOR to the exact time set for receipt of proposals. The envelope used in submitting your reply must be plainly marked with the solicitation number and title, FA4528-13-R-0007, entitled PAVING IDIQ and the date and local time set forth receipt of proposals. The response shall consist of three (3) separate parts; Part I - Price Proposal, Part II - Technical Proposal, and Part III - Past Performance Information.

E. Proposals for the work described herein, will be received until the date and time indicated on Standard Form 1442, Page 1, Section 13. A., at the following address:

5 CONS

165 MISSILE AVENUE

MINOT AFB ND 58705-5027

03.

SPECIAL NOTES

NOTE 1: READ ALL DOCUMENTS TO THIS SOLICITATION PRIOR TO COMPLETING AND RETURNING ANY FORMS TO THIS OFFICE. ENTER PRICES IN SECTION B AND COMPLETE FORM INC-1101.