Released_Solicitation.doc

Section B - Supplies or Services and Prices

AWUB 15-0003 FY 15 Spring Rubber Removal

FFP

The contractor shall provide all labor, materials, equipment, supervision and transportation necessary to accomplish AWUB 15-0003, Spring Rubber Removal FY 15 in accordance with statement of work attached herein. WO:55214

FOB: Destination

SIGNAL CODE: A

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

AWUB 15-0003

RUNWAY RUBBER REMOVAL & REPAINTING

7 March 2015

The Scope of Work will address the associated tasks for rubber removal and runway painting for Spring 2015.

Work to be completed during scheduled runway closure weekend outages during the following dates:

ESD: 21 May 2015

ECD: 25 May 2015

The contractor shall be required to provide all labor, equipment and materials to remove approximately 187,000 square feet of rubber build up from the runway. (approximate location drawing attached) Rubber removal shall be in accordance with Section 6, Compliance Testing of Engineering Technical Letter 97-17. (See attachments) The rubber removal areas will be marked by orange paint markings on the runway.

Partial paint removal of the following:

71 centerline stripes on the runway (21,300 SF)

The Fixed Distance Markers on both ends(18,000 SF)

All Touchdown Zone Markers on both the south and north end 36 stripes. (16,200 SF)

8 yellow dots on the south end—4 either side of the centerline (650 sf)

All threshold markings (19,200 sf)

The runway designation numbers, “15” and “33”, (2,116 sf)

For all runway reflective painting, Type 1 beads shall be utilized. Contractor shall repaint the following runway markings as specified in Engineering Technical Letter 04-02 (see attachment):

71 centerline stripes 3’ x 100’(21,300 SF white)

The Fixed Distance Markers on both ends, 30 x 150’,(18,000 SF white)

All Touchdown Zone Markers on both the south and north end 36 total, 6’ x 75’ (16,200 SF)

8 yellow dots on the south end—4 either side of the centerline (650 sf) to include 8-4” black outlines (125 sf)

16 threshold markings on both ends of the runway, 6’ x 100’, 32 total(19,200 SF white)

The runway designation numbers, “15” and “33”, (2,120 sf)

Partial Paint Removal:

77,470 SF

White Reflective:

76,820 SF

Yellow Reflective:

650 SF

Black Non-reflective:

125 SF

Layout of New Pavement Markings:

20,000 LF

Location of runway markings will be provided by 2 CES representative. The work will be accomplished for Spring 2015 runway outage on two separate weekends. These tentative dates are scheduled for and projected for 21 – 25 May 2015, and if needed, 2 – 6 July 2015 in coordination with 2 CES & Base OPS.

All work shall be inspected by 2 CES representative. Any work not meeting specifications shall be repeated at contractor’s expense.

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

PERFORMANCE INFORMATION

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 properly 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 contracting 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 inspections are required 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.

F-802 DELIVERY TIME

The period of performance on this project will be 75 calendar days from the Notice to Proceed (NTP) date.

DELIVERY INFORMATION

334 DAVIS AVE W

STE 300

BARKSDALE AFB LA 71110

FOB: Destination F1G3A2

Section G - Contract Administration 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

801 Kenney Ave, Suite 2301

Barksdale AFB LA 71110-2079

Phone: 318-456-6833

Fax: 318-456-2107

E-mail:

marla.poirier@us.af.mil Admin: Kent R. Pendleton

Phone: 318-456-2203

Fax: 318-456-2107

E-mail: kent.pendleton@us.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.

CLAUSES INCORPORATED BY FULL TEXT

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUNE 2012)

(a) Definitions. As used in this clause–

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when–

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

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

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through

WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Construction Invoice

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Not Applicable

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF

Data to be entered in WAWF

Pay Official DoDAAC

F87700

Issue By DoDAAC

FA4608

Admin DoDAAC

FA4608

Inspect By DoDAAC

F1G3A2

Ship To Code

Not Applicable

Ship From Code

Mark For Code

Service Approver (DoDAAC)

F1G3A2

Service Acceptor (DoDAAC)

F1G3A2

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Marla.poirier@us.af.mil

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Not Applicable

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H-001

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-002

BONDS

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 to:

(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-003

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.

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-004

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-005

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-006

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-007

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 "punch list" 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 "punch list" 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-008

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.

H-009

CONSTRUCTION AND DEMOLITION DEBRIS REPORTS

The following requirement is listed in Attachment 2, Environmental Requirements for Contractors Working on Barksdale Air Force Base. These reports are required to be submitted on an AF 3000 Material Submittal and should be incorporated into the AF66 Material Submittal Schedule at time of contract award. Final payment will not be released until C&D reports have been submitted and accepted by the Government.

“Construction and Demolition (C&D) debris is generated as a result of construction, renovation, or demolition activities. Although C&D debris is usually considered a single waste stream, the composition actually varies with each activity and the type, size, and location of the structures involved. Disposing of C&D debris in landfills consumes enormous amounts of space and is both economically and environmentally costly. In accordance with AFI 32-7042 and BAFB’s Integrated Solid Waste Management Plan (ISWMP), ALL WEIGHTS OF C&D MATERIALS RECYCLED AND DISPOSED MUST BE REPORTED TO THE RECYCLE PROGRAM MANAGER.”

H-010

ENVIRONMENTAL MANAGEMENT SYSTEM (EMS) AWARENESS TRAINING

The contractor is required to complete EMS Awareness Training in accordance with Attachment 2, Environmental Requirements for Contractors Working on Barksdale Air Force Base. The training will be provided in the form of a power point presentation provided by the Contracting Office. The contractor must submit the Certificate of Completion to the Contracting Officer prior to receiving the Notice to Proceed for this contract.

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.

CLAUSES INCORPORATED BY FULL TEXT

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.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 30 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 75 days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to--

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns; and

(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for--

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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

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

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

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

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

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

(3) For long-term contracts--

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

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

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

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

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, 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 SAM, or does not have a representation in SAM 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 237310- assigned to contract number TBD.

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

(End of clause)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless--

(1) The product cannot be acquired--

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferredgov.

(c) In the performance of this contract, the Contractor shall--

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than--

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

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

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

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

(2) Submit this estimate to Alfredo Garza 2CES/CEAN, 334 Davis Ave West, Suite 208, Barksdale AFB, LA.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

(a) Definition. Ozone-depleting substance, as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

“WARNING: Contains (or manufactured with, if applicable), a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.”----------------------------

The Contractor shall insert the name of the substance(s).

(End of clause)

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

(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 46 U.S.C. 40102(4) 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 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(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 statute 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 statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(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 REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(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 --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 statute 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 statute 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 statute, 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…