FA4610-12-R-0001_Mini_SABER_Solicitation.doc

Section B - Supplies or Services and Prices

Base Yr- TBD

FFP

The contractor shall perform maintenance, repair, and minor construction IAW Attachment 1, Specifications for Simplified Acquisition of Base Engineering Requirement (SABER) and as identified by other specific specifications/work statements in each task order issued against the contract.

COEFFICIENTS - to be completed by Offeror:

Standard Hours

Non-Standard Hours ____________

FOB: Destination

NSN: Z2JZ-00-000-0000

SIGNAL CODE: A

MAX

NET AMT

FFP

The contractor shall perform maintenance, repair, and minor construction IAW Attachment 1, Specifications for Simplified Acquisition of Base Engineering Requirement (SABER) and as identified by other specific specifications/work statements in each task order issued against the contract.

COEFFICIENTS - to be completed by Offeror:

Standard Hours

Non-Standard Hours ____________

FOB: Destination

NSN: Z2JZ-00-000-0000

SIGNAL CODE: A

MAX

NET AMT

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,000

$8,000,000

$0

$1,750,000

COEFFICIENT SCHEDULE

B-1 SCHEDULE DESCRIPTION

1. This is an indefinite delivery/indefinite quantity contract for construction at Vandenberg AFB, CA.

2. Construction projects will be awarded by individual task orders on an as needed basis. Projects will be in support of real property maintenance, repair, alteration, and minor construction. The Contractor will receive requests for proposals from the Government. See Specification Section 01 00 00, General Requirements, paragraph 1.4.9. General Requirements, for specific instructions and details for proposal submittal.

3. Coefficients:

a. The Government will apply the coefficients to direct pre-priced overhead and profit from RS MEANS or the equivalent. This calculation shall be the total compensation paid to the Contractor for all of their direct costs, indirect cost (including General and Administrative Expenses), and profit for performance. This SABER contract will use the far right hand column, labeled “Total, Including Overhead & Profit”. Each offeror will use this column and add the city cost index and their proposed coefficient to arrive at a task order proposed price. For this base contract each offeror shall submit the proposed coefficient they intend to use for the life of the contract. In addition, the cost of purchasing the RS Means software or equivalent, books, and training shall be part of the base year coefficient.

b. The Contractor’s coefficients shall be in 4 decimal places format, and shall contain applicable profit and all burden costs such as design fees, additional bond premiums, insurance, computer system and support costs, compliance with environmental and safety laws, taxes, and any other associated costs required to perform the work. The preceding list of cost elements is neither all inclusive nor mandatory, just examples of cost elements any Offeror can use to determine their proposed coefficient.

c. The Contractor shall complete Attachment 6 of this Solicitation, the Coefficient Worksheet. All Offeror’s will use $4,000,000.00 as the annual revenue from this contract. All other expenses will be filled in by each offeror with either a zero or any number the offeror estimates each expense will cost. In addition, each offeror will fill in the company overhead and profit.

d. Coefficients less than “1.00” would result in a decrease to the pre-priced items in the proposal. The Contractor shall thoroughly consider all potential costs and the proposal environment, before submitting a coefficient less than 1.00 for any item in the Coefficient Schedule B.

e. The proposal shall be accompanied with a narrative describing the methodology in calculating the proposed coefficients. The Government will provide a coefficient worksheet, which shall be used in order to determine the contractor’s coefficient.

4. Standard Working Hours. See Specification Section 01 00 00, General Requirements, paragraph 1.4.3.

5. Non-Standard Working Hours. See Specification Section 01 00 00, General Requirements, paragraph 1.4.3.

6. Controlled/Restricted Areas. For work in controlled or restricted areas, Contractors will need the appropriate level of clearance to gain unescorted access. The contractor shall be responsible for ensuring personnel with a minimum “secret” clearance obtain an Automated Entry Control Card (AECC) badge for unescorted access. Badged personnel will be required to receive Annual Escort Training and Vandenberg Electronic Security System (VESS) Training. Each badged person shall be permitted to escort up to three (3) people in the controlled/restricted area. Coordination for AECC and ancillary training shall be coordinated through 30 CES/Unit Security Manager. The direct cost for hourly escort rates shall not be incorporated into the coefficient for secured areas; this cost shall be considered a direct cost and proposed on a per task order basis.

The Government shall provide escorts in work areas requiring higher than “secret” clearance.

7. Contract Basic Guarantee. The basic guaranteed minimum dollar amount of work which will be required under this contract and which may be initiated by one or more task orders within the base year is $2,000.00. The contract maximum dollar amount is $9,750,000.00. Contractor entries are required for these areas in the proposal Schedule, Section B.

8. Davis Bacon Wage Decision. Concurrent with the exercise of any options, the current Davis Bacon Wage Decision will be incorporated and shall be effective for all task orders issued on the first day of the option and through the duration of the option Year (see FAR 52.222-30, Davis-Bacon Act—Price Adjustment (None or Separately Specified Method)). The Contractor shall compensate all covered employees at not less than the rates specified on the wage determination; however, no adjustment to the Coefficient pricing will be made relative to the incorporation of any wage determination.

9. Non Pre-Priced Item (NPI). See Specifications Section 01 04 00, Unit Price Book and Software Requirements, paragraph 1.6. For individual task orders, the Contracting Officer may add items of work not covered by RS MEANS or its equivalent, within the scope and general intent of the contract. These items may then be incorporated into and made part of the basic contract at the Government’s option. For task orders, the items shall be provided at the negotiated price, and multiplied by the applicable coefficient listed in the contract schedule. The RS MEANS shall be used to the maximum extent practicable. NPI may not exceed 25% of the total dollar value of the task order without the approval of the Contracting Officer. Each situation where NPI items may exceed 25% of the total priced order shall be thoroughly justified by the Contractor as part of their proposal, for the requested work. For each task order proposal, NPIs shall be supported by three competitive quotes unless waived by the Contracting Officer.

Section C - Descriptions and Specifications

DESCRIPTIONS AND SPECIFICATION

The SABER Specifications, attachment 1, are listed in Section J of the contract. All work shall be in accordance with these specifications and additional requirements identified and negotiated in the individual task orders. See specification Section 01 00 00, General Requirements for further information on specification and contract documents.

C-1 DRAWINGS:

A. Design Drawings:

Design Drawings must be submitted with each proposal for each task order. The complexity of work accomplished under this contract will not require the use of professional Architect/Engineering (A/E) services; furthermore, statutory limitations restrict the acquisition of these services through this contract. Orders placed will not request, nor render payment for A/E services. Design and engineering required is at the level normally expected of a general construction contractor and considered incidental to the accomplishment of the scope of work provided by the government. Examples of services required from the contractor include: sizing and selection of mechanical and electrical equipment and systems; sizing of electrical circuits, electrical devices, heating and ventilating air ducts, fluid piping systems and structural framing members; lighting layout; fire detection systems; surveying; computer aided drafting etc. Drawings included with the proposal must be thorough enough to allow the Government and offeror to estimate prepriced and non-prepriced items, the Government to monitor the work, and the offeror to execute the work. Refer to Specification Section 01 00 00, General Requirements, paragraph 1.4.9 for specific details. Once the task order is awarded, the design drawings shall become the basis for the record drawings. In addition, prior to the commencement of any onsite work, the drawings must be approved on a form AF 3000.

B. Record Drawings (As Builts):

During the progress of the work, the Contractor will keep a record set of drawings on the job site meeting, the requirements of Section 01 78 00, Task Order Close Out Requirements. If the Offeror fails to maintain the record drawings as required herein, the Contracting Officer will consider that satisfactory progress has not been achieved for the period in question. Final payment up to 10% will be withheld until As-Built record drawings are submitted to and approved by the applicable Contracting Officer. As-Built drawings shall be approved prior to the final inspection.

C-2 TASK ORDER PROCEDURES:

Each proposal shall be prepared and submitted in accordance with Specification Section 01 00 00 General Requirements, paragraph 1.4.9. If there is any conflict between the contract specifications and the contract, the contract will take precedence. If the contract is silent on an issue, the contract specifications will take precedence.

A. Request for Proposal:

For each task order, the Contracting Officer will furnish the Offerors with one copy of the Request for Proposal, which lists all due dates and pertinent information pertaining to the task order. Both Offerors will be provided the same information to ensure fair opportunity. At a minimum, the information will include the statement of objectives, drawings, sketches, any relevant reports. Upon receipt of the contractor's proposal, the contracting officer will issue a task order pursuant to FAR 16.505(b), Orders under multiple award contracts. Each contractor shall be provided a fair opportunity to be considered for each order except as provided in FAR 16.505(B)(2). The following procedure will be utilized to allow a fair opportunity to each contractor.

B. Statement of Objectives:

For each task order, the Offeror will be furnished one copy of the Statement of Objectives (SOO), outlining the work to be completed. The Contractor may be provided with one set of drawings and specifications. The level of the design provided to the Contractor shall be anywhere from a Conceptual Scope of Work to a design package allowing the contractor to fully understand the scope of work and provide an accurate cost proposal. The SOO may also detail a required or desired performance period. The Offeror shall verify all contents to ensure accuracy.

C. Ordering Procedures

1. As the need arises for performance under the terms of this contract, the Contracting Officer or his authorized representative will notify the incumbent(s) under multiple award contracts of a performance requirement. Upon receipt of this notification, the contractor shall respond to the needs of the Government within three working days by visiting the proposed site in the company of the Contracting Officer or his authorized representative.

2. The contractor will receive a conceptual scope of work (approximately 35% design) that may include sketches or drawings, depending on the complexity of the particular project.

D. Task Order Proposal Preparation

1. The contractor shall prepare a proposal to include a complete (100%) scope of work, design, construction drawings, schedules and cost estimate. In preparing the proposal, the contractor shall research existing record drawings and independently conduct as many site visits as necessary to satisfy themselves with the site conditions, which can affect the work or its cost. The contractor's proposal must be complete and supported by necessary documentation to indicate adequate engineering, planning, and cost estimating has been performed to accomplish the requirement. Documentation required includes: basis of design; engineering calculations supporting design approach; detailed scope of work; scaled sketches or drawings reflecting floor plans, elevations, sections, construction details, equipment layout, finish schedules; construction or performance time schedules; material submittal schedules; cost estimates identifying tasks; and calculations supporting quantities of materials required to perform each task.

2. The contractor shall submit his proposal to the Contracting Officer within 14 calendar days (after notice of a performance requirement) for routine task orders and 7 calendar days for emergency orders. The proposal shall be submitted with a cover letter stating the following: The contractor acknowledges funds are not currently available to award this project as a task order and understands an award will be based on future availability of funds and the contractor is selected as the provider under multiple award contracts. The contractor agrees to hold the government harmless of any costs incurred with the proposal process, including negotiations. The contractor further agrees that a negotiated cost for the project shall remain as an agreed to cost for the project for a period of one year from the date of agreement.

3. IAW FAR 16.505(a)(10)(i), no protest under FAR subpart 33.1 is authorized in connection with the issuance or proposed issuance of a task order, except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract. The contractor, in its co-efficient under the basic contract, shall include any consideration given to this standard for issuing task orders.

E. Task Order Selection Process: Each task order, unless otherwise indicated, will be selected on a lowest price technically acceptable basis IAW FAR 16.505(b) “Orders under multiple-award contracts”. Each RFP for individual task orders will communicate the technical criteria that will be evaluated. All contractors will be required to submit proposals for evaluation.

1. A price evaluation will be performed for both Offerors and the two proposals will be identified as the “lowest priced proposal” and the “second lowest priced proposal” based on Total Evaluated Price (TEP).

2. If the lowest priced proposal is determined to be technically acceptable without the necessity of conducting discussions, the task order will be awarded to that offeror.

3. If the lowest priced proposal is made technically acceptable as a result of discussions, a final proposal revision will be solicited from that offeror. If that offeror’s final revised price proposal remains the lower than the original “second lowest priced proposal”, the task order will be awarded to that offeror. If that offeror’s final revised price proposal is higher than the original “second lowest priced proposal”, the Government will begin the evaluation process as described above anew with the technical evaluation of the “new” lowest priced offeror (e.g. the original “second lowest priced proposal”).

F. Bonding: “Original Contract price” means the price payable for the minimum guarantee of $2,000. See clause 52.228-15, Performance and Payment Bonds-Construction. The Contractor shall furnish all executed bonds to the Contracting Officer within 10 calendar days after award and before starting work.

Prior to the Government issuing a Notice to Proceed, the bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier’s check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained on-line at Surety.Bonds@fms.treas.gov or from the U.S. Department of Treasury, Financial Management Services, Surety Bonds Branch, 3700 East West Highway, Room 6F01 Hyattsville, MD 20782.

The offeror shall furnish two bonds each with surety or sureties acceptable to the Government in the form of a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A). The penal sums of such bonds shall be as follows:

For any task order obligated under this Simplified Acquisition of Base Engineering Requirements (SABER), Indefinite Delivery/Indefinite Quantity contract, the Contractor must supply:

1. Performance Bond. The penal sum of the Performance Bond shall equal one hundred percent (100%) of the task order.

2. Payment Bonds. The penal sum of the Payment Bond shall equal one hundred percent (100%) of the task order.

CLAUSES INCORPORATED BY FULL TEXT

5352.201-9101 OMBUDSMAN (APR 2010)

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

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

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM or AFISRA ombudsmen, In compliance with AFFARS 5352.201-9101 OMBUDSMAN (10 AUG 2005) the AFSPC MAJCOM Ombudsman is identified as follows: AFSPC/A7K, 150 Vandenberg Street, Peterson AFB CO 80914, (P) 719-554-5300, (F) 719-554-5299, A7K.wf@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU or ARISRA level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUGUST 2007)

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

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, and a valid vehicle insurance certificate to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management, citing the appropriate paragraphs as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

CLAUSES INCORPORATED BY FULL TEXT

5352.242-9001 COMMON ACCESS CARDS (CACs) FOR CONTRACTOR PERSONNEL (AUG 2004)

(a) For installation(s)/location(s) cited in the contract, contractors shall ensure Common Access Cards (CACs) are obtained by all contract or subcontract personnel who meet one or both of the following criteria:

(1) Require logical access to Department of Defense computer networks and systems in either:

(i) the unclassified environment; or

(ii) the classified environment where authorized by governing security directives.

(2) Perform work which requires the use of a CAC for installation entry control or physical access to facilities and buildings.

(b) Contractors and their personnel shall use the following procedures to obtain CACs:

(1) Contractors shall provide a listing of personnel authorized a CAC to the contracting officer. The contracting officer will provide a copy of the listing to the government representative in the local organization designated to authorize issuance of contractor CACs (i.e., “authorizing official”).

(2) Contractor personnel on the listing shall each complete and submit a DD Form 1172-2 or other authorized DoD electronic form to the authorizing official. The authorizing official will verify the applicant’s name against the contractor’s listing and return the DD Form 1172-2 to the contractor personnel.

(3) Contractor personnel will proceed to the nearest CAC issuance workstation (usually the local Military Personnel Flight (MPF) with the DD Form 1172-2 and appropriate documentation to support their identification and/or citizenship. The CAC issuance workstation will then issue the CAC.

(c) While visiting or performing work on installation(s)/location(s), contractor personnel shall wear or prominently display the CAC as required by the governing local policy.

(d) During the performance period of the contract, the contractor shall:

(1) Within 7 working days of any changes to the listing of the contract personnel authorized a CAC, provide an updated listing to the contracting officer who will provide the updated listing to the authorizing official;

(2) Return CACs in accordance with local policy/directives within 7 working days of a change in status for contractor personnel who no longer require logical or physical access;

(3) Return CACs in accordance with local policy/directives within 7 working days following a CACs expiration date; and

(4) Report lost or stolen CACs in accordance with local policy/directives.

(e) Within 7 working days following completion/termination of the contract, the contractor shall return all CACs issued to their personnel to the issuing office or the location specified by local policy/directives.

(f) Failure to comply with these requirements may result in withholding of final payment.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLAUSES INCORPORATED BY FULL TEXT

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government will be identified in each Task Order for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

WIDE AREA WORK FLOW - RECEIPT AND ACCEPTANCE INSTRUCTION SHEET

The use of Wide Area Work Flow–Receipt and Acceptance (WAWF-RA) is now mandatory for use by DoD Contractors. WAWF-RA will expedite your payment processing time and allows monitoring of your payment status online. There are no charges or fees to use WAWF-RA.

To register for WAWF-RA log onto: https://wawf.eb.mil The following codes will be required to correctly route your invoices and informational e-mails through WAWF-RA.

COMPANY CAGE CODE:___________________

ISSUE BY DODAAC:

___FA4610_________

ADMIN DODAAC:

___FA4610_________

INSPECT BY DODAAC:

___FA4610_________PLUS 6-DIGIT EXT: F4D3D9**

SERVICE ACCEPTOR

“SHIP TO” DODAAC:

___FA4610_________ PLUS 6-DIGIT EXT: F4D3D9**

**The 6-digit extension code may vary for task orders.

PAY OFFICE DODAAC:

___F03000_________

GOVERNMENT SERVICE ACCEPTOR: Will be determined at the task order level

CONTRACT ADMINISTRATOR:

Will be determined at the task order level

CONTRACTING OFFICER: Will be determined at the task order level

Construction contractors shall use the Construction Payment Invoice and attach AF Form 3065.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.216-18 Ordering. (OCT 1995)

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

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

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

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.216-19 Order Limitations. (OCT 1995)

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

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

(1) Any order for a single item in excess of $5,000,000.00;

(2) Any order for a combination of items in excess of $5,000,000.00; or

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

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

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

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after two (2) years after the date of award.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 24 Months.

(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 The Contracting Officer, the government’s Project Manager, and 30th Civil Engineering Environmental Office (CVA).

(End of clause)

52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (NOV 2011)

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

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

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

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

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

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

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

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

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

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

Cost of components means--

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

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

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan or United Kingdom);

(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country 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.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

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

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American Act restrictions are waived for designated county construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate ``none'', (IDENTIFIED ON AN INDIVIDUAL TASK ORDER BASIS]

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

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

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

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

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

(ii) A request based on…