10B0009 CNS Sol.doc

Section A - Solicitation/Contract Form

TABLE OF CONTENTS

SECTION

DESCRIPTION

PAGE

PART 1 – THE SCHEDULE

A

Solicitation/Contract Form

1-2

Table of Contents

B

Bid Schedule

E

Inspection and Acceptance

F

Deliveries/Performance

G

Contract Administration

H

Special Contract Requirements

7-14

PART II – CONTRACT CLAUSES

I

Contract Clauses

15-30

PART III – LIST OF ATTACHMENTS

J

List of Attachments

PART IV – REPRESENTATIONS AND CERTIFICATIONS

K

Representations, Certifications and

32-38

Other Statements of Offerors

L

Instructions, Conditions and Notices

39-41

To Offeror

M

Evaluation Factors for Award

Section B - Supplies or Services and Prices

CLAUSES AND PROVISIONS

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

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

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

CNS Restrooms G-Wing

FFP

Renovate existing utility spaces into women's restrooms in BG and 1G wings in Building 500 per attached plans and specifications provided 24 May 2010. See Statement of Work.

FOB: Destination

PURCHASE REQUEST NUMBER: F3HSC10144A007

SIGNAL CODE: A

NET AMT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

ERIC FARLEY

901 SAC BLVD SUITE BB16

OFFUTT AFB NE 68113

(402) 232-0465

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

LOCAL REQUIREMENTS

14 Feb 08

A. INVOICE SUBMISSION AND PAYMENT

INV-B INVOICE SUBMITTAL

Contractors can register and begin submitting electronic invoices immediately through the Wide Area Workflow Receiving and acceptance Internet site: https://wawf.eb.mil/. On-line training is available at this Internet site to vendor and government receiving officials. Contractors using Wide Area Work Flow, use the Construction Invoice, Combination Invoice/DD250, or Two-in-One Invoice - Per DFARS 252.232-7003, (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests using one of the following electronic forms:

(1) Wide Area WorkFlow-Receipt and Acceptance (WAWF-RA). Information regarding WAWF-RA is available on the Internet at https://wawf.eb.mil.

(2) Web Invoicing System (WINS). Information regarding WINS is available on the Internet at https://ecweb.dfas.mil.

(3) American National Standards Institute (ANSI) X.12 electronic data interchange (EDI) formats. Information regarding EDI formats is available on the Internet at http://www.X12.org.

(4) Another electronic form authorized by the Contracting Officer.

(5) If the Contractor is unable to submit a payment request in electronic form, or DoD is unable to receive a payment request in electronic form, the Contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting Officer, the contract administration office, and the payment office.

(6) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

A COPY of the invoice (to be used for verification and receipt) shall be submitted to:

USSTRATCOM/J43

ATTN: Eric Farley 901 SAC Blvd Ste 1B15

OFFUTT AFB NE 68113

ELECTRONIC SUBMISSION OF INVOICES AND RECEIVING REPORTS IS MANDATORY in accordance with DFARS 252.232-7003

(1) ELECTRONIC SUBMISSION VIA WIDE AREA WORKFLOW (WAWF): Contractors must register and begin submitting electronic invoices immediately through the Wide Area Workflow Receipt and Acceptance Internet site: https://wawf.eb.mil. On-line training is available at http://www.wawftraining.com Use the following data elements to invoice for construction, services, or supplies procured via this contract. The award document number is located in the lower right-hand corner.

Invoice Type: Invoice and Receiving Report:

Construction

Located in Block

Contractor MUST Send Additional Email Notification To: Paulette.Lopez@offutt.af.mil

Contract Administrator: Paulette López, Paulette.Lopez@offutt.af.mil

Contracting Officer: Theresa Hess, HessTM@offutt.af.mil

STRAT POC: Eric Farley, farleye@stratcom.mil

(2) PAYMENT WILL BE MADE BY:

Defense Finance and Accounting Service

DFAS-FVB/LI

27 Arkansas Road

Limestone, ME 04751-1500

Contact DFAS-FVB/LI to check payment status at (800) 390-5620 or (207) 328-5620 or via website www.dfas.mil: (Commercial Pay, then Vendor Pay Inquiry System (VPIS), then Non-MOCAS System: then Query by Contract Number, EFT Trace Number, DUNS Number or Cage Code)

B. CHANGES TO THIS CONTRACT / PURCHASE ORDER / DELIVERY ORDER

The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the Contractor effects any such change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

Contractual problems, of any nature, which might occur during the life of the contract must be handled in conformance with public laws and regulations and must be referred to the CO for resolution. Only the CO is authorized to formally resolve such problems. Therefore, the Contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO. Any request for contract changes/modification shall be submitted to the CO.

C. CCR REGISTRATION

Invoice payment cannot be made if a contractor's Central Contractor Registration (CCR) is inactive. Invoices received from a contractor who fails to maintain active CCR registration are considered to be improper and may be returned. The contractor is responsible to maintain active CCR registration until final payment has been made. CCR registration must be updated and renewed annually. http://www.ccr.gov

D. DELIVERY / BASE ACCESS REQUIREMENTS

Delivery personnel must use the SAC Gate off of Capehart road south of the Bellevue, Nebraska , Highway 370 exit. Report to the Visitor's Center and call for escort (if needed) to the final destination:

POC:

TBD

Delivery vehicles are subject to search by Security Forces personnel. All tools, including assembly tools, must be secured within a toolbox in the trailer of the vehicle and should not be transported on base in the cab of the vehicle. All personnel accessing Offutt Air Force Base will be held to safety/security rules of engagement when entering and while on base. These rules include a ban on weapons to include firearms, loaded or otherwise, and the transport of any explosive material.

E. NATIONAL CRIME INFORMATION CENTER (NCIC) BACKGROUND CHECK

1. In addition to the requirements identified in FAR 52.204-9 - Personal Identity Verification of Contractor Personnel and AFFARS 5352.242-9000 - Contractor access to Air Force installations, all contract employees require a positive NCIC background check prior to being granted access to Offutt AFB in accordance with the installation security policy. To expedite this requirement, the contractor shall complete NCIC Data Memo for every employee proposed to perform work under this contract requiring physical access to Offutt AFB. All completed forms will be forwarded to the following POC no later than 3 business days prior to the contract start date:

55 SFS/S5A

Mr. Gregory P. Derkatch

198 Butler Blvd.

Offutt AFB, NE 68113

Phone: (402) 232-7339

Email: Gregory.Derkatch@offutt.af.mil

A memorandum shall be prepared for each follow-on/replacement employee who is not provided with the initial group of employee data. Each shall be provided no later than 3 business days prior to the proposed individuals start date.

2. If an individual is denied a base pass/access to the installation, the contractor is not prohibited from hiring that individual for work on this contract as long as the work entailed does not require the individual to have physical access to Offutt AFB or any of its facilities. Employees who refuse to complete the form will be denied access to the installation.

3. All illegal aliens are considered unauthorized individuals and will be barred from the base. Illegal aliens attempting entry or found on the installation (if incorrectly issued a pass) will be processed as an unauthorized individual and removed from the installation. In addition to notifying the contractor of the illegal alien, the Offutt AFB Security Forces will notify AF Office of Special Investigations, local police and the US Immigration and Customs Enforcement office. Contractors are prohibited from hiring illegal aliens for work on a Government contract and the other Government agencies contacted upon discovery of the illegal may seek corrective and/or punitive actions pursuant to law against the hiring organization if violations occur.

4. The below list, which is be verified every 30 days during contract performance, identifies reasons why an individual, if they are identified during the NCIC check, would be denied access to Offutt AFB:

Disqualifiers that would deny contract employee’s entry/access to the installation or its facilities:

- U.S. Citizenship, immigration status, or Social Security Account Number cannot be verified.

- Wanted by federal or civil law enforcement authorities, regardless of offense or violation.

- Conviction of firearms or explosives violation within the past three years.

- Incarcerated for 12 months or longer within the past three years, regardless of offense or violation.

- Conviction of espionage, sabotage, treason or terrorism, murder, sexual assault, armed assault/robbery, rape, child molestation, drug possession with intent to sell, or drug distribution.

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

- Any other criminal activity identified on the NCIC check that the Wing Commander determines to be so serious as to pose a possible threat to the safety and security of base personnel and facilities.

5. A 100% Base Pass check is required for all contractors (even if a passenger in an authorized vehicle) and contract vehicles entering the installation. Contractors are not authorized to bring guests or other contract employees onto the installation unless those individuals are personally in possession of a base pass or Government Identification card.

F. MOTOR VEHICLE OPERATION ON BASE

1. Contractor personnel are advised that seat belt usage is mandatory at all times on Offutt AFB. Nebraska state law requires the use of restraints in a vehicle. Air Force Instruction 31.204, Air Force Motor Traffic Supervision, prescribes that installation commanders must ensure drivers comply with state and local traffic laws both on and off base. Accordingly, while on Offutt AFB, operators and passengers must wear restraints and may be ticketed by Offutt security personnel for failure to comply. Repeated offenses on Offutt AFB will result in the loss of on-base driving privileges and could have an adverse affect on your ability to perform your contract.

2. Contractor personnel are advised that Vehicle operators on a DoD installation and operators of Government owned vehicles will not use cell phones unless the vehicle is safely parked or unless they are using a hands-free device. The wearing of any other portable headphones, earphones, or other listening devices (except for hands-free cellular phones) while operating a motor vehicle is prohibited (DoD Joint Motor Vehicle Traffic Supervision Regulation, paragraph 4-2). Using a cell phone while driving, without a hands free device will be considered a "primary offense", meaning that violators will be able to be stopped and ticketed solely for this offense. Repeated offenses on Offutt AFB will result in the loss of on-base driving privileges and could have an adverse affect on your ability to perform your contract.

G. WORK SCHEDULE

Working hours for the contractor will normally be between the hours of 7:30 A.M. and 4:30 P.M., excluding Saturdays, Sundays, and Federal holidays (unless otherwise specified). If the contractor desires to work during periods other than above, additional Government inspection forces may be required. The contractor must notify the Contracting Officer (CO) three days in advance of this intention to work during other periods. This allows assignment of additional inspection forces when the CO determines that they are reasonably available. If such force is reasonably available, the CO may authorize the contractor to perform in excess of their normal duty hours/days solely for the benefit of the contractor, the actual cost of the inspection at overtime rates will be charged to the contractor. These adjustments to the contract price may be made periodically as directed by the CO.

LEGAL HOLIDAYS OBSERVED AT MILITARY INSTALLATIONS

* New Years 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

*The above marked Federal holidays which fall on Saturday or Sunday will be observed either on Friday or Monday.

WINTER EXCLUSION

N/A

H. PROGRESS SCHEDULE

(1) The Contractor shall submit a completed AF Form 3064 within ten days after effective date of the Notice to Proceed.

(2) The Contractor shall submit a completed revised AF Form 3064 within ten days after effective date of a modification if required or if requested by the Contracting Officer.

(3) Progress payments shall not be made unless an approved AF Form 3064 is on file.

(4) Should the contractor fail to submit a completed AF Form 3064, as stated in para. (1) & (2), the Contracting Officer may, at his/her option, suspend work at no cost to the Government, until a satisfactory AF Form 3064 is submitted

I. ADMINISTRATIVE AUTHORITY

(1) Following award, this contract will be administered by the 55th Contracting Squadron. The following address and telephone number of the Contracting Officer are as follows:

55th Contracting Squadron/LGCA

101 Washington Square, Bldg 40

Offutt AFB NE 68113-2107

Contracting Officer: MSgt Theresa Hess

Telephone Number: 402-232-5032

Contract Administrator: Paulette López

Telephone Number: 402-232-8656

Fax Number: 402-294-7280

(2) All correspondence concerning this contract, such as requests for information, explanation of terms, and contract interpretations, shall be submitted to Paulette López and MSgt Theresa Hess.

J. REQUIRED INSURANCE (IAW FAR 28-306(b))

Reference FAR clause entitled "Insurance . . . “the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

(1) Workmen's Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen's Compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

(2) General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

(3) Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

K. MATERIAL PAYMENTS

(1) Payments may be made for major high-value materials, in advance of installation.

(2) Payment for materials stored off-site will not be made unless sound procedures (such as a bonded warehouse) are established for their accountability and control, subject to the same procedures outlined in 3(c) below.

(3) Payment for major high-value materials stored on Offutt AFB may be made subject to the following:

(a) To be eligible for payment in advance of installation, materials must be shown as a percentage of the work and submitted for approval. In order to properly evaluate this item, a complete breakdown by quantity, item description, and cost for each major, high-value item must be furnished. Once approved, no changes will be allowed to include additional materials for payment.

(b) A joint inventory and inspection of such items approved for payment must be made by the contractor and the contract administrator of the Contracting Office to ensure that the quantities are valid, the items are as described, and sufficient security measures have been taken to prevent damage or theft.

(c) Although materials paid for become the property of the Government, the contractor remains responsible for all materials delivered and work performed until completion and acceptance of the construction work. Responsibility for safeguarding material until final inspection and inspection rests with the contractor.

(d) The contractor must prove he has title to the materials (i.e., paid invoices) and will use them to perform the contract.

(e) When requesting payment for approved materials, the contractor must provide a certificate, substantially as shown below, in addition to submitting supplier's paid invoice.

(1) (Contractor’s Name) hereby transfers and assigns to Offutt AFB all its rights, titles, and interest of every kind and character in and to all of the goods described in the attached request for payment. Those who have furnished materials or supplied such goods to us have executed a waiver of claim and lien, a copy of which is attached

(2) (Contractor’s Name) acknowledges that, despite transfer of title, until such goods have been delivered to the job site, incorporated into the work, inspected and accepted, shall (Contractor’s Name) remain responsible for:

a. Cost and expenses of storage, as applicable;

b. Insurance premiums;

c. Deterioration of such goods.

d. Loss or mysterious disappearance of such goods; and

e. Such portion of goods not in accordance with the contract requirements.

(3) (Contractor’s Name) hereby acknowledges that it has no interest in such goods by virtue of retained possession, and states that it keeps such goods for Offutt AFB and disclaims any claims against such goods for storage cost, for unpaid contract retainage, or for any other reason.

(4) The Contracting Officer will have the final decision on which materials are major, high-value materials.

L. BONDS

(1) Performance and Payment Bonds. Within ten days after award, the contractor shall furnish two bonds executed on the required forms, each with good and sufficient surety or sureties acceptable to the Government; namely a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A). The penal sums of such bonds shall be as follows (performance bonds are not required for contracts of $100,000 or less):

(a) Performance Bond: The penal amount of performance bonds must equal—

(1) 100 percent of the original contract price; and

(2) If the contract price increases, an additional amount equal to 100 percent of the increase.

(b) Payment Bond: The amount of the payment bond must equal—

(1) 100 percent of the original contract price; and

(2) If the contract price increases, and additional amount equal to 100 percent of the increase.

(3) The amount of the payment bond must be no less than the amount of the performance bond.

(4) Any bonds required will be furnished by the Contractor to the Government prior to commencement of contract performance.

NOTE: Per FAR 28.202, Corporate sureties offered for bonds furnished with contracts performed in the United States or its outlying areas must appear on the list contained in the Department of Treasury Circular 570. The sureties list can be found at: http://www.fms.treas.gov/c570/c570.html#certified

M. ENVIRONMENTAL COMPLIANCE

In addition to the FAR and DFARS clauses included in this contract,

(1) Contractor warrants that it is familiar with all local, county, state and Federal environmental regulations.

(2) Contractor agrees to perform all required training and notifications concerning hazardous waste or materials related to contractor's activities and maintain an on-site listing of employees so trained.

(3) Contractor agrees to properly manage all hazardous waste and materials related to contractor's activities.

(4) Contractor agrees that it shall reimburse the Government for any penalties assessed against the Government by any Environmental Regulatory Agency for environmental violations related to Contractor activities.

(5) Contractor agrees to include this provision in each subcontract.

N. ANTI-TERRORISM INFORMATION AND CONSIDERATIONS

1. Base Entry: All contractor vehicles will enter through the SAC Gate and have a proper vehicle search conducted. Exceptions to this policy will be coordinated through the contracting officer and appropriate security forces personnel.

2. Areas Off Limits: The following areas are off limits unless given specific permission, an escort, or work is to be performed in the area listed. Restricted areas, flight line area, General’s row, dormitories (Bldgs 324, 326, 365, 367, 400 and 402), Bldg 500 complex, and gymnasiums (Offutt Field House and Frady Fitness Center). Travel to and from the worksite will be made by the most direct route possible.

3. Force Protection Conditions (FPCONS): FPCONS describe the progressive level of countermeasures in response to a terrorist threat to US military facilities and personnel. Force Protection Condition measures are used to deter terrorist attacks on DoD facilities and personnel by:

(1) Varying routines.

(2) Being sensitive to changes in the security atmosphere around DoD facilities and personnel.

The five FPCONS are defined as the following:

(1) Normal: This condition applies when a general global threat of possible terrorist activity exists and warrants a routine security posture

(2) Alpha: This condition applies when a general threat of possible terrorist activity against personnel and facilities, the nature and extent of which are unpredictable.

(3) Bravo: This condition applies when an increased and more predictable threat of terrorist activity exists.

(4) Charlie: This condition applies when an incident occurs or intelligence is received indicating some form of terrorist action or targeting against personnel or facilities is likely.

(5) Delta: This condition applies in the immediate area where a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location or person is imminent.

Contractors may be asked to leave the base or not be allowed to enter the base when in elevated FPCONs.

For further information concerning FPCONs, contact the contracting administrator or contracting officer for additional guidance.

4. Contractors identified as mission essential, have been briefed on additional duties and responsibilities associated with increased FPCONs.

5. Suspicious Activities/Stolen Equipment: Please report any suspicious activity or stolen equipment to the Law Enforcement Desk at 294-6110.

6. Searches/Spot Checks: During increased Random Force Protection Measures (RAMs) contractors and their equipment are subject to search via RAMs at any time. Spot checks may also be conducted due to RAMs.

7. Identification: Contractor personnel must keep base issued identification on their person while working on base.

O. SALES TAX

Offutt Air Force Base is exempt from paying state and local taxes on purchases that it makes per the United States Constitution.

Nebraska Revised Statutes, Sec. 77-2704.02 and Nebraska Sales and Use Tax Regulations 1-12 and 1-72 implement this policy and are applicable to this purchase. The Nebraska Form 13, Nebraska Resale or Exempt Sale Certificate, is applicable to exempt taxes for contracts for services and commodities and labor on construction projects. 55 CONS cannot provide signed Nebraska Forms 17, Purchasing Agent Appointment and Delegation of Authority for Sales and Use Tax, to exempt State taxes for construction contract materials. Therefore, for construction only, per FAR 52.229-3 or 52.229-4, applicable Nebraska State tax costs for materials should be included in the bid/proposal submitted by the offeror/contractor.

P. Davis Bacon Act Wage Determination

Department of Labor (DOL) Wage Determination NE100011 06/25/2010 NE10 shall be considered incorporated upon award.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 105 days. The time stated for completion shall include final cleanup of the premises.

(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 $176.74 the first day and $135.33 for each subsequent 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)

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

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

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

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

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

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

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

(3) For long-term contracts--

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

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

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

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

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

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

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

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 238220- assigned to contract number .

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

(End of clause)

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (FEB 2009)

(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 the construction material or components listed by the Government as follows: [Contracting Officer to list applicable excepted materials or indicate “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)

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

52.228-1 BID GUARANTEE (SEP 1996)

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

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be ____20____ percent of the bid price, or $3M, whichever is less.

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

(e) In the event the contract is terminated for default, the…