FA4608-12-Q-C003 GFM Fence installation.pdf

The Contractor w ill install a 477' fence using GFM at equipment Rental on Barksdale AFB.

This requirement is set-aside for Economically Disadvantaged Women Ow ned Small Businesses (EDWOSB) in accordance w ith Federal

Acquisition Regulation 19.5.

In accordance w ith FAR 36.204(a) Magnitude of Construction Projects, the price range of this project is anticipated to be less than $25,000.00.

Site Visit: A pre-bid site visit w ill be held on Wed 9 Nov 2011 at 9:00am at 2 CONS on Barksdale AFB. Please call Robert Bleichner at (318)

456-2430 or Ricky Compton at (318) 456-6739 if you plan to attend.

ROBERT E BLEICHNER II, SSGT 318-456-2430

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

25-Oct-2011

(RFP)

(IFB)

CALL:

Install Fence at Outdoor Rec using GFM

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______7 calendar days and complete it w ithin ________45 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, X negotiable. (See _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________28 Nov 2011 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______180 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

2 CONS/LGC - FA4608

41 VANDENBERG AVE

BARKSDALE AFB LA 71110-2079

FA4608

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

AWUB 11-0152

8. ADDRESS OFFER TO (If Other Than Item 7)

318-456-3294FAX:TEL: 318-456-2113 TEL: FAX:

FA4608-12-Q-C003 43

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

FA4608-12-Q-C003

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Installation of fence

FFP

The contractor will furnish all management, labor, equipment, and transportation to install a 477" fence at BAFB Equipment Rental in accordance with the statement of work using Government Furnished Material (GFM). AWUB 11-0152

FOB: Destination

SIGNAL CODE: A

NET AMT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F - Deliveries or Performance

PERFORMANCE

F-800 NOTICE TO PROCEED

NOTICE TO PROCEED will be issued within 30 calendar days after award of contract. Award date shall be established as the date of mailing or otherwise furnishing a property executed award document to the successful offeror.

F-801 WORK SCHEDULE

Working hours for the contractor will normally be between the hours of 7:30 a.m. and 6 p.m. excluding Saturdays, Sundays and Federal Holidays (New Year’s Day, Birthday of Martin Luther King, Jr., Presidents Day, Memorial

Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day). 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 three days in advance of his/her intention to work during other periods to allow assignment of additional inspection forces when the conracting officer determines they are reasonably available. If such force is reasonably available, the contracting officer may authorize the contractor to perform work during periods other than normal duty hours/days, however, if inpsections are requried to perform in excess of their normal duty hours/days solely for the benefit of the contractor, the actual cost of inspection at overtime rates will be charged to the contractor. These adjustments to the contract price may be made periodically as directed by the contracting officer.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 45 Days after

Issuance of notice to proceed.

1 OUTDOOR RECREATION - F1SVRO

1264 TWINING DRIVE

BARKSDALE AFB LA 71110

FOB: Destination

F1SVRO

Section G - Contract Administration Data

ADMINISTRATIVE DATA

ADMINISTRATIVE DATA

(a) Following award, this contract will be administered by the 2d Contracting Squadron. The name, address, telephone number, and fax number of the Contracting Officer and Administrator are as follows:

CO: Marla J. Poirier

41 Vandenberg Ave

Barksdale AFB LA 71110-2079

Phone: 318-456-6833

Fax: 318-456-3294

E-mail: marla.poirier@barksdale.af.mil

Admin: Robert Bleichner

Phone: 318-456-2430

Fax: 318-456-3294

E-mail: robert.bleichner@barksdale.af.mil

(b) 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 in 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.

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

mailto:marla.poirier@barksdale.af.mil mailto:robert.bleichner@barksdale.af.mil

Section H - Special Contract Requirements

SPECIAL REQUIREMENTS

H-109. REQUIRED INSURANCE

(IAW FAR 28.306(b) and FAR 52.228-5)

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.

a. 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.

b. 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.

c. 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.

H-804. BONDS

a. Bid Guarantee – Not required

b. Performance and Payment Bonds. In accordance with the Miller Act (40 U.S.C. 3131), the bidder to whom the award is made shall within fifteen (15) calendar days after the award of the contract furnish a

Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A), each with good and sufficient surety or sureties acceptable to the Government. (Not required for contracts of $30,000.00 or less).

Contracts exceeding the $150,000 (Miller Act--.

(1) Performance bonds. Unless the contracting officer determines that a lesser amount is adequate for the protection of the Government, the penal amount of performance bonds must equal--

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

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

(2) Payment Bonds.

(i) Unless the contracting officer makes a written determination supported by specific findings that a payment bond in this amount is impractical, the amount of the payment bond must equal-

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

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

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

c. The contractor will not be allowed to start work prior to furnishing the required bonds, including any necessary reinsurance agreements.

H-805. PROGRESS SCHEDULES AND REPORTS

(a) In accordance with FAR 52.236-15, the reports contemplated by the clause titled "Schedules for

Construction Contracts" shall be accomplished on and in accordance with instruction pertaining to AF Form

3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report. Mobilization/demobilization will not be allowed as a line item on the Progress Schedule. Costs for those items must be included in other elements of work.

(b) Upon award of the contract and as required, the contractor will be furnished (3) copies of the AF Form

3064, Contract Progress Schedule. The Progress Schedule must be approved by the Government prior to start of physical work on the project job site.

H-806. PREPARATION OF MATERIAL APPROVAL SUBMITTALS

In accordance with FAR 52.236-5, the submittals contemplated by the clause herein entitled "Material and

Workmanship" shall be accomplished on and in accordance with instructions pertaining to AF Form 3000, Material Approval Submittal.

H-807. INTERRUPTION OF UTILITY SERVICES

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

H-808. SUPERINTENDENCE OF CONTRACT

In accordance with FAR 52.236-6, at all times during performance of this contract and until work is completed and accepted, the contractor shall provide a superintendent who will be on the job site at all times when work is being performed. The superintendent will be responsible for ALL employees (including subcontractors) and have the authority to plan work and direct ALL employees. The superintendent will be appointed in writing and this letter submitted to the Contracting Officer, setting forth the authority delegated to the superintendent.

H-809 CONTRACT COMPLETION INSPECTIONS

The contractor will schedule (preferably with 3 working days notice) a pre-completion inspection to be held approximately 10 calendar days prior to the expiration of the contract. This inspection may result in a

"punchlist" indicating items to be furnished or work to be completed by the contractor or subcontractors in order to complete the work specified in the contract documents. This list may not be construed to be all inclusive. A copy of the list will be furnished to the contractor within 2 workdays for his use in completing the contractual work. If the pre-completion inspection results in no "punchlist" and the work is complete, this inspection may be considered the "final" inspection as determined by the Contracting Officer.

If required, the contractor will be responsible for scheduling the contract completion inspection (preferably with

3 working days notice) to be held no later than the final day of contract performance. Should this inspection result in a "punchlist", the contractor will have 10 calendar days (after receipt of punchlist) to complete all punchlist items and notify the Contracting Officer of this. NO FINAL INVOICE SHALL BE PAID UNTIL

ALL PUNCHLIST ITEMS ARE COMPLETED TO THE SATISFACTION OF THE CONTRACTING

OFFICER. Should a contractor exceed the time allowed for these corrections, it may result in negative past performance which could affect future contract awards.

H-811. CLASS I OZONE DEPLETING SUBSTANCES/CHEMICALS

If this project has any materials or equipment that contains Class I Ozone depleting substances/chemicals, you are required to contact the Contracting Officer, 318/456-6833, for further instructions prior to providing the product or equipment.

CLAUSES INCORPORATED BY FULL TEXT

BOSSIER CITY -- PARISH SALES AND USE TAX

Bossier City and Bossier Parish levy a use tax defined by state and local sales tax law. As such, these sales are taxable at the point of delivery to the "contractor" (consumer). If the sales or use tax is not collected by the vendor, tax is payable directly to the jurisdiction in which delivery is made. Contractors and subcontractors are each individually liable for sales and use tax on the basis of their individual purchase transactions. This tax may extend to equipment leased or rented to the Government. It may also extend to supplies and equipment purchased elsewhere, but brought into Bossier Parish for final use. All contractors are cautioned to assure themselves of any liability for this tax. The local telephone number for questions concerning this tax is A/C 318 741-8551.

CONTRACTOR/VENDOR ACCESS TO BARKSDALE AFB

All commercial vehicles are required to enter Barksdale AFB through the East Gate, just off I-20 and Industrial

Drive. This includes construction, food, supply, FedEX, and UPS deliveries, as well as contractors entering with company trucks. Contractors entering in their privately owned vehicles with an approved pass will be allowed entry at any gate. Hours of operation for the East Gate are 0500-2200 Monday through Friday, Saturday 0600-1200.

Background Checks for Contractor Personnel Requiring Entry/Access to Barksdale AFB (Jan 2005)

Security Forces will conduct a National Crime and Information Center (NCIC) background check on all contractor or subcontractor personnel prior to granting access to the installation.

(End of Clause)

CELL PHONE POLICY

The use of cell phones while operating a moving vehicle on Barksdale AFB is prohibited, unless the phone is operated in a ―hands free‖ mode. ―Use of cell phones‖ includes placing calls, retrieving stored information from the phone, programming the phone, talking on the phone, and receiving calls, regardless of the source. Violators may be issued a citation and assessed 3 points on their base driving record. Additional points may be assessed if cell phone use is found to be a contributing factor in a motor vehicle accident.

Lay-down Area Temporary Fencing

1. The Contractor shall furnish all labor, materials, and equipment necessary to provide secure and visually aesthetic temporary fencing for surrounding project equipment and material in lay-down areas.

Work shall include:

a. Clearing area of all encumbrances to safe erection of fencing.

b. Provide fence that is: metal tube frame; metal woven wire mesh (minimum 11 gauge); minimum 6 feet in height.

c. Provide integral to fence visual blocking material, either slat weave or sheet goods.

d. Erecting fence in such manner as to prevent loss of fencing or blocking due to inclement weather.

e. At no time shall fence interfere with fire egress paths or fire equipment ingress, to include periods when gates are in operation.

Contractor shall submit cut sheets on all items for installation, prior to procurement, for approval by the C.E.

Architect. Complete the design as indicated on drawings in accordance with UFC 1-200-01 General Building

Requirements which includes the latest editions of the International Building Code and NFPA Life Safety Code, and

Americans with Disabilities Act. All required work shall be accomplished in accordance with the Barksdale AFB

Design Compatibility Guidelines (DCG). All colors and materials shall be selected by the Civil Engineer Architect in accordance with the DCG. Construction shall be conducted in a quality workmanlike manner. Contractor shall take any steps necessary to protect government and occupant property from damage caused by weather or other occurrence while work is in progress.

2. Upon notification of completion by the contractor a determination will be made as to the satisfactory completion and acceptance of the contract specification(s). Any segment of the operation that is not acceptable because of an unsightly or unprofessional appearance will be justification for rejection of the treatment. The contractor will incur all costs, both labor and materials, for reaccomplishment of any unacceptable work identified.

3. The contractor will be responsible for and incur any and all labor and material costs required to repair any damages to government facilities that occurred during and as result of repair work, replacement operations, or new work, under this contract. This damage will be identified as separate from the condition of the facilities as identified during the initial inspection. The damage will be identified, but not limited, to the following items.

a. Government gas, water and electric transmission and distribution systems

b. Occupant personal property

Additional Information.

a. The contractor will begin work not earlier than 7:30 am each workday. Work will not be performed later than 6:00 pm.

b. Inspections will be conducted by the Contracting Officer and /or Contracting Officer’s Representative and the Contractor’s Manager.

c. Any discrepancies should be noted and forwarded to the Architect.

NAF PROVISIONS

Modified as of 10 Sept 07

GENERAL NAF PROVISIONS

l. DEFINITIONS (JAN 2005) - As used throughout this contract, the following terms and abbreviations have the meanings set forth below:

a. The term "contract" means this agreement or order and any modifications hereto.

b. The abbreviation "NAFI" means Nonappropriated Fund Instrumentality of the United States Government.

c. The term "Contracting Officer" means the person executing or responsible for administering this contract on behalf of the NAFI, which is a party hereto, or their successor or successors.

d. The term "Contractor" means the party responsible for providing supplies and/or services at a certain price or rate to the NAFI under this contract.

e. The abbreviation ―FAR‖ means Federal Acquisition Regulation.

2. DISPUTES (NOV 2005)

a. Except as otherwise provided in this contract, any dispute or claim concerning this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall state his decision in writing and mail or otherwise furnish a copy of it to the Contractor. Within 30 days from the date of receipt of such copy, the

Contractor may appeal by mailing or otherwise furnishing to the Contracting Officer a written appeal addressed to the Armed Services Board of Contract Appeals, and the decision of the Board shall be final and conclusive;

provided that if no such appeal is filed, the decision of the Contracting Officer shall be final and conclusive. The

Contractor shall be afforded an opportunity to be heard and to offer evidence in support of any appeal under this clause. Pending final decision on such a dispute, however, the Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the Contracting Officer unless directed to do otherwise by the Contracting Officer.

b. A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. Contractors shall provide the certification specified below when submitting any claim. Any person duly authorized to bind the Contractor with respect to the claim may execute the certification.

―I certify that the claim is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the

Contractor believes the Government is liable; and that I am duly authorized to certify on behalf of the Contractor.‖

c. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph "a" above, provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law.

3. LAW GOVERNING CONTRACTS (JAN 2005) - In any dispute arising out of this contract, the decision of which requires consideration of law questions, the rights and obligations of the parties shall be interpreted and determined in accordance with the substantive laws of the United States of America.

4. LEGAL STATUS (JAN 2005) - The NAFI is an integral part of the Department of Defense and is an instrumentality of the United States Government. Therefore, NAFI contracts are United States Government contracts; however, they do not obligate appropriated funds of the United States.

5. EXAMINATION OF RECORDS (JAN 2005) - This clause is applicable under contracts that are entered into by means of negotiation and where price and costing data are required to support a determination of price reasonableness. This clause does not apply to commercial items or when the Contracting Officer determines that prices agreed upon are based on adequate price competition. The Contractor agrees that the Contracting Officer or his duly authorized representative shall have the right to examine and audit the books and records of the Contractor directly pertaining to the contract during the period of the contract and until the expiration of three years after the final payment.

6. ASSIGNMENT (JAN 2005) - The Contractor or its assignee’s rights to be paid amounts due as a result of performance of this contract, may be assigned. No assignment by the Contractor, assigning its rights or delegating its obligations under this contract will be effective and binding on the NAFI until the written terms of the assignment have been approved in writing by the Contracting Officer.

7. GRATUITIES (JAN 2005)

a. The NAFI may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it is found, after notice and hearing, by the Secretary of the Air Force or their duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the

Contractor, or any agent, or representative of the Contractor, to any officer or employees of the Government or the

NAFI with a view toward securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract.

b. In the event this contract is terminated as provided in paragraph "a" hereof, the NAFI shall be entitled (i) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of contract by the

Contractor, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary of the Air Force or their duly authorized representative) which shall be not less than three nor more than ten times the cost incurred by the Contractor in providing any such gratuities to any such officer or employee.

c. The rights and remedies of the NAFI provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

8. TERMINATION FOR CONVENIENCE (JAN 2005) - The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the NAFI. If this contract is for supplies and is so terminated, the Contractor shall be compensated in accordance with FAR, Sub Parts 49.1 and 49.2 in effect on this contract's date. To the extent that this contract is for services and is so terminated, the NAFI shall be liable only for payment in accordance with the payment provisions of this contract for services rendered prior to the effective date of termination, providing there are no Contractor claims covering nonrecurring costs for capital investment. If there are any such Contractor claims, they shall be settled in accordance with FAR, Sub Parts 49.1 and 49.2.

9. CANCELLATION BY MUTUAL AGREEMENT (JAN 2005) - Should the situation warrant, the parties upon mutual agreement and no costs, may cancel this contract.

10. TERMINATION FOR CAUSE (JAN 2005)

a. (1) The NAFI may, subject to paragraphs (c) and (d) below, by written notice of cause to the Contractor, terminate this contract in whole or in part if the Contractor fails to-

(i) Deliver the supplies or perform the service within the time specified within this contract or any

Extension;

(ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a)(2) below);or

(iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) below).

(2) The NAFI's right to terminate this contract under subdivisions (1)(ii) and (1)(iii) above, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting

Officer) after receipt of notice from the Contracting Officer specifying the failure.

b. If the NAFI terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will remain liable to the NAFI for any excess costs for those supplies or services. However the Contractor must continue the work not terminated.

c. The Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include

(1) acts of God or of the public enemy, (2) act of the NAFI in either its sovereign or contractual capacity, (3) fires,

(4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and; (9) unusually severe weather. Defaults by subcontractors at any tier for any reason do not constitute causes beyond the control and without the fault or negligence of the Contractor.

d. If this contract is terminated for cause, the NAFI may require the Contractor to transfer title and deliver to the NAFI as directed by the Contracting Officer, any

(1) completed supplies, and

(2) partially completed supplies and materials, parts, tool dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as manufacturing materials in the clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting

Officer, the Contractor shall also protect and preserve property in its possession in which the NAFI has an interest.

e. The NAFI shall pay the contract price for completed supplies delivered and accepted. The Contractor and

Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes Clause.

The NAFI may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the NAFI against loss because of outstanding liens or claims of former lien holders.

f. If, after termination, it is determined that the cause by the Contractor was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for convenience of the NAFI.

g. The rights and remedies of the NAFI in this clause are in addition to any other rights and remedies provided by law or under this contract.

11. INSPECTION AND ACCEPTANCE (JAN 2005) - Inspection and acceptance will be at destination, unless otherwise provided in this contract. Not withstanding the requirements for any NAFI inspection and test contained in specifications applicable to this contract, except where specialized inspections or tests are specified for performance solely by the NAFI, the Contractor, shall perform or have performed the inspections and tests required to substantiate that the supplies provided under the contract conform to the drawings, specifications, and contract requirements listed herein, including if applicable the technical requirements for the manufacturers' part numbers specified herein. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. Acceptance of the supplies or services or a written notice of rejections must be accomplished on or before the fifth working day following delivery of the supplies or services, unless otherwise specified in this contract.

12. VARIATION IN QUANTITY (JAN 2005) - No variation in quantity of any item called for by this contract will be accepted unless authorized by the Contracting Officer.

13. PARTIAL DELIVERIES (JAN 2005) - Partial deliveries are not permitted unless authorized by the terms of the contract or approved by the Contracting Officer.

14. PAYMENTS (JAN 2005) - Partial payments will be made when deliveries are authorized or as approved by the

Contracting Officer. Payments and penalties for late payments are subject to the requirements established by the

Prompt Payment Act, as amended, and as implemented for NAFI's. If the NAFI makes payment but such payment fails to include a prompt payment penalty due to the Contractor within 10 days from when the contract payment is made, penalty amounts will not be paid unless the Contractor makes a written request within forty days after the date of payment.

15. HOLD AND SAVE HARMLESS (JAN 2005) - The Contractor shall indemnify, hold and save harmless, and defend the NAFI, its outlets and customers from any liability, claimed or established for violation or infringement of any patent, copyright, or trademark right asserted by any third party with respect to goods hereby ordered or any part thereof. Contractor further agrees to hold the NAFI harmless from all claims or judgments for damages resulting from the use of products or services listed in this contract, except for such claims or damages caused by, or resulting from negligence of NAFI customers, employees, agents, or representatives. Also, Contractor shall at all times hold and save harmless the NAFI, its agents, representatives, and employees from any and all suits, claims, charges, and expenses which arise out of acts or omissions of Contractor, its agents, representatives, or employees.

16. MODIFICATIONS (JAN 2005) - No agreement or understanding to modify this contract will be binding upon the NAFI unless made in writing and signed by a Contracting Officer from the office that issued the contract or its successor.

17. TAXES (JAN 2005)

a. Except as may be otherwise provided in this contract, the contract price includes all taxes, duties or other public charges in effect and applicable to this contract on the contract date, except any tax, duty, or other public charge, which by law, regulation or governmental agreement, is not applicable to expenditures made by the NAFI or on its behalf; or any tax, duty, or other public charge from which the Contractor, or any subcontractor hereunder, is exempt by law, regulation or otherwise. If any such tax, duty, or other public charge has been included in the contract price, through error or otherwise, the contract price shall be correspondingly reduced.

b. If for any reason, after the contract date of execution, the Contractor or subcontractor is relieved in whole or in part from the payment or the burden of any tax, duty, or other public charge included in the contract price, the contract price shall be correspondingly reduced; or if the Contractor or subcontractor is required to pay in whole or in part any tax, duty, of other public charge which was not applicable at the contract date of execution the contract price shall be correspondingly increased.

18. PROOF OF SHIPMENT (JAN 2005) - (Applicable to shipments outside the United States through the Surface

Deployment and Distribution Command (SDDC) and Parcel Post shipments to overseas destinations.)

a. Notwithstanding any clause of this contract to the contrary, payment will be made for items not yet received, upon receipt of an invoice accompanied by an appropriate proof of shipment. If shipment is made by insured parcel post, the contractor must furnish a copy of the Insured Mail Receipt issued by the US Postal Service. Otherwise, a stamped copy of a Certificate of Mailing issued by the US Postal Service must be furnished. If shipment is made by a common carrier (rail, air or motor freight), the Contractor must furnish a signed copy of the shipping document on which items are receipted for by the common carrier. A signed receipt by a NAFI representative at the delivery point

(CCP or POE) is also acceptable evidence of proof of shipment.

b. Forwarding a proof of shipment and an invoice for payment by the Contractor shall be construed as a certification by the contractor that the items shipped conform to the specifications.

c. Notwithstanding any provisions of this clause or any payment made pursuant to the terms of this clause prior to receipt of the items contracted for, the NAFI retains the right to inspect upon receipt and the right to reject nonconforming items. The liability of the Contractor with respect to items for which payments have been made will, after inspection by the NAFI or after the expiration of a reasonable time following delivery to the NAFI within which inspection may be made, whichever occurs first, be limited to (i) exceptions taken at the time of inspection, and (ii) latent defects, fraud, or such gross mistakes as amount to fraud.

19. COMMERCIAL WARRANTY (JAN 2005) - The Contractor agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the NAFI by any other clause of this contract. The printed terms and conditions of such warranty will be provided to the NAFI with the delivery of any supplies covered.

20. ADVERTISEMENTS (JAN 2005) - Contractor agrees that none of its nor its agent's advertisements, to include publications, merchandise, promotions, coupons, sweepstakes, contest, sales brochures, etc, shall state, infer or imply that the Contractor's products or services are approved, promoted, or endorsed by the NAFI. Any advertisement, including cents-off coupons, which refers to a NAFI will contain a statement that the advertisement is neither paid for, nor sponsored in whole or in part by, the particular activity.

21. DISCOUNTS FOR PROMPT PAYMENT (JAN 2005)

a. Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a prompt payment discount in conjunction with the offer, offerors awarded contracts may include prompt payment discounts on individual invoices.

b. In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

22. INVOICES (JAN 2005):

a. An invoice is a written request for payment under the contract for supplies delivered or for services rendered. In order to be proper, an invoice should include (and in order to support the payment of interest penalties, must include) the following:

(i) Invoice date;

(ii) Name of Contractor;

(iii) Contract number (including order number, if any), contract line item number, contract description of supplies or services, quantity, contract unit of measure and unit price, and extended total;

(iv) Shipment number and date of shipment (Bill of Lading number and weight of shipment will be shown for shipments on Government Bills of Lading);

(v) Name and address to which payment is to be sent (which must be the same as that in the contract or on a proper notice of assignment);

(vi) Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice; and

(vii) Any other information or documentation required by other provisions of the contract (such as evidence of shipment). Invoices shall be prepared and submitted in duplicate (one copy shall be marked ―Original") unless otherwise specified.

b. For purposes of determining if interest begins to accrue under the PROMPT PAYMENT ACT (PUBLIC LAW

97-177):

(i) A proper invoice will be deemed to have been received when it is received by the office designated in the contract for receipt of invoices and acceptance of the supplies delivered or services rendered has occurred.

(ii) Payment shall be considered made on the date on which a check for such payment is dated.

(iii) Payment terms (e.g., "Net 20") offered by the contractor will not be deemed Required payment dates.

(iv) The following periods of time will not be included:

(A) After receipt of improper invoice and prior to notice of any defect or impropriety, but not to exceed three days for meat and meat food products, five days for perishable agricultural commodities, and 15 days in all other cases, and

(B) Between the date of a notice of any defect or impropriety and the date a proper invoice is received.

When the notice is in writing, it shall be considered made on the date shown on the notice.

23. ELECTRONIC FUND TRANSFER PAYMENTS (AUG 2007) - Federal law 31 USC requires Federal payments to be made by electronic fund transfer. Any payment made on this contract will be made using the

Government Purchase Card as the method of EFT (unless otherwise specified within the contract or exempted by law).

24. NOTIFICATION OF DEBARMENT/SUSPENSION STATUS (JAN 2005) - The Contractor shall provide immediate notice to the Contracting Officer in the event of being suspended, debarred or declared ineligible by any other Federal Department or agency, or upon receipt of a notice of proposed debarment from another DOD Agency, during the performance of this contract.

25. NON WAIVER OF DEFAULTS (JAN 2005) - Any failure by the NAFI at any time, or from time to time, to enforce or require strict performance of any terms or conditions of this contract will not constitute waiver thereof and will not affect or impair such terms or conditions in any way or the NAFI’s right at any time to avail itself of such remedies as it may have for any breach or breaches of such terms and conditions.

LIST OF FAR CLAUSES INCORPORATED BY REFERENCE

The provisions of the following clauses set forth in the Federal Acquisition Regulation (FAR) or DoD FAR

Supplement are hereby incorporated into this order or contract by reference with the same force and effect as though herein set forth in full. As used in the following clauses, the term "Government" is deleted and the abbreviation

"NAFI" is substituted in lieu thereof. The date of each clause shall be the current date set forth in FAR or DoD FAR

Supplement on the issuance date of this order or contract. Clauses made inapplicable by the reference or by the kind of order, contract (e.g., orders or contract for services instead of supplies) or dollar amount are selfdeleting. The complete text of any clause incorporated in this order or contract by reference may be obtained from the contracting officer.

CLAUSE

NO. REFERENCE CLAUSE TITLE

26 52.243-1 Changes - Fixed-Price

27 52.222-13 Compliance with Davis-Bacon and related Act

Regulations

28 52.222-41 Service Contract Act of 1965, as Amended

29 52.225-11 Buy American Act-Construction Materials under Trade Agreements

30 52.222-4 Contract Work Hours and Safety

Standards Act-Overtime Compensation

31 52.246-16 Responsibility for Supplies

32 52.222-20 Walsh-Healy Public Contracts Act

33 52.222-26 Equal Opportunity

34* 252.225-7036 Buy American Act-Free Trade Agreements-

Balance of Payments Program

35 52.222-3 Convict Labor

36* 252.225-7002 Qualifying Country Sources as

Subcontractors

37* 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract

Felonies

38 52.222-21 Prohibition of Segregated Facilities

39 52.223-3 Hazardous Material Identification &

Material Safety

*Denotes DFARS

Section I - Contract Clauses

52.204-7 Central Contractor Registration APR 2008

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.222-1 Notice To The Government Of Labor Disputes FEB 1997

52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005

52.222-6 Davis Bacon Act JUL 2005

52.222-7 Withholding of Funds FEB 1988

52.222-8 Payrolls and Basic Records JUN 2010

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.222-11 Subcontracts (Labor Standards) JUL 2005

52.222-12 Contract Termination-Debarment FEB 1988

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility FEB 1988

52.222-50 Combating Trafficking in Persons FEB 2009

52.222-99 Notification of Employee Rights under the National Labor

Relations Act.

JUN 2010

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

DEC 2007

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007

52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002

52.232-17 Interest OCT 2010

52.232-23 Assignment Of Claims JAN 1986

52.232-27 Prompt Payment for Construction Contracts OCT 2008

52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

APR 1984

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.243-4 Changes JUN 2007

52.243-5 Changes and Changed Conditions APR 1984

52.244-5 Competition In Subcontracting DEC 1996

52.244-6 Subcontracts for Commercial Items DEC 2010

52.245-1 Government Property AUG 2010

52.245-1 Alt I Government Property (Aug 2010) Alternate I AUG 2010

52.245-9 Use And Charges AUG 2010

52.248-3 Value Engineering-Construction OCT 2010

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

Price)

MAY 2004

52.249-10 Default (Fixed-Price Construction) APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007

252.223-7001 Hazard Warning Labels DEC 1991

252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.232-7010 Levies on Contract Payments DEC 2006

252.235-7000 Indemnification Under 10 U. S. C. 2354 Fixed Price DEC 1991

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment MAR 1998

252.247-7023 Transportation of Supplies by Sea MAY 2002

252.247-7023 Alt III Transportation of Supplies by Sea (May 2002) Alternate III MAY 2002

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

The Contractor shall be required to (a) commence work under this contract within seven (7) 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 45 calendar days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

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…