FA4625-11-R-0006-SF 1442-Solicitation.pdf

Airf ield Pavements IDIQ A preproposal conference w ill be held on 11 May 2011, 2:00 p.m. local time (CST). Only one site visit w ill be held for this request for proposal.

Site visits for each delivery order after aw ard w ill be scheduled as required.

1. Please enter your CAGE code, Taxpayer Identif ication Number (TIN), and DUNS number in Block 14.

2. A seperate notice to proceed w ill be issud w ith each delivery order.

3. This requirement is being solicited as a HUBZone set-aside and w ill result w ith the aw ard of a "Best Value" contract.

4. The designated NAICS code is 237310.

5. The guaranteed minimum for this contract is $10,000.00. The maximum contract value is $20 Million.

Note: There is no minimum or maximum Clin values for each year of the contract.

6. All delivery orders w ill be priced on the line items used for the current base/option year.

7. Each delivery order w ill be funded seperately. Fund cites w ill be listed on each delivery order.

Note: Block 11: Performance periods w ill be negotiated for each delivery order.

Note: Block 12. Payment and Performance Bonds w ill be required for all delivery orders.

DERRICK R. FOOTE 660-687-5398

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

27-Apr-2011

(RFP)

(IFB)

X

CALL:

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)

Prescr ibed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, X negotiable. (See _________________________

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.)

X YES 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 ______________27 May 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 _______120 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

509 CONS/LGCA - FA4625

727 SECOND ST SUITE 124A

WHITEMAN AFB MO 65305

FA4625

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

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

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

660-687-4822FAX:TEL: 660-687-4291 TEL: FAX:

FA4625-11-R-0006 48

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

FA4625-11-R-0006

Section A - Solicitation/Contract Form

509TH CONTRACTING SQUADRON

SOLICITATION INFORMATION

WHITEMAN AFB, MISSOURI

CONSTRUCTION SOLICITATION PACKAGE

OFFERS ARE SOLICITED FOR: Airfield Pavements IDIQ Whiteman AFB

1. Please be sure to read this entire package. See Section L for the required contents for your proposal.

2. Any questions concerning this acquisition may be addressed to the individual named in block 9A on the SF 1442, Solicitation, Offer, and Award.

3. Only one (1) site visit will be provided . A Site Visit has been scheduled for 11 May 2011, 1:00PM local time at the Royal Oaks Golf Course, Bldg 3076, Whiteman AFB, MO 65305-5344. In accordance with Whiteman AFB regulations, prospective participants (not to exceed two (2) per company) must submit the the following information for all attendees: Company Name, Full Name, Full Social Security Number, Drivers License and issuing State to 509 CONS/LGCA, SSgt Derrick Foote, via fax at 660-687- 4822 or e-mail to 509cons.sollgca@whiteman.af.mil prior to 28 April 2011, 3 pm CST. This information must be provided in advance in order to ensure access to the military base/site visit and adequate seating for the site visit attendees. Reference FAR 52.236-27 Entitled ―Site Visit (Construction)Alt ‖, for site visit instructions.

4. Please ensure you indicate the RFP number, closing date and time on the proposal envelope.

5. If proposals are to be hand-delivered, deliver with proposal number to:

509th

727 SECOND STREET, Suite 124 A

CONTRACTING SQUADRON/LGCA

WHITEMAN AFB MO 65305-5344

NOTE

6. Facsimile Proposals are not authorized.

: Due to security, there may be delays in entering Whiteman AFB. You are responsible for delivery of your proposal by the date and time stated in the proposal. Plan accordingly.

7. Facsimile modifications to proposal will be accepted; however, the originals must be received in this office prior to award. Our fax number is 660-687-4822.

8. A new Wage Determination will be incorporated by modification into the contract at the time of exercise of Option periods. There will be no provisions for an economic price adjustment for increases in wages.

9. Evaluation will be made in accordance with Section M of this solicitation. Section L and M will be physically removed from any resultant award.

NOTE

: In order to submit an offer the SF 1442; Section B, Attachment 3 Exhibits A-E of this solicitation must be completed. Special attention is invited to Sections L and M of the Request for Proposal (RFP). These sections set forth specific information on eligibility requirements for this acquisition.

Section B - Supplies or Services and Prices

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

CONTRACT MINIMUM AND MAXIMUM

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$10,000.00 $20,000,000.00

ITEM NO SUPPLIES/SERVICES EST

QUANTITY

UNIT UNIT PRICE EST AMOUNT

0001 UNDEFINED Each Airfield Pavements Base Year

FFP

Base Year 01 July 2011 - 30 June 2012 Provide all tools, machinery, personnel to complete all associated work IAW the SOW for the Airfields Pavements. Refer to Attachment 3 Exhibit A for line item pricing.

FOB: Destination

SIGNAL CODE: A

EST AMT

UNIT UNIT PRICE EST AMOUNT

1001 UNDEFINED Each OPTION Airfield Pavements Option Year 1

FFP

Option Year 1, 01 July 2012 - 30 June 2013 Provide all tools, machinery, personnel to complete all associated work IAW the SOW for the Airfields Pavements. Refer to Attachment 3 Exhibit B for line item pricing.

UNIT UNIT PRICE EST AMOUNT

2001 UNDEFINED Each OPTION Airfield Pavements Option Year 2

FFP

Option Year 2, 01 July 2013 - 30 June 2014 Provide all tools, machinery, personnel to complete all associated work IAW the SOW for the Airfields Pavements. Refer to Attachment 3 Exhibit C for line item pricing.

UNIT UNIT PRICE EST AMOUNT

3001 UNDEFINED Each OPTION Airfield Pavements Option Year 3

FFP

Option Year 3, 01 July 2014 - 30 June 2015 Provide all tools, machinery, personnel to complete all associated work IAW the SOW for the Airfields Pavements. Refer to Attachment 3 Exhibit D for line item pricing.

UNIT UNIT PRICE EST AMOUNT

4001 UNDEFINED Each OPTION Airfield Pavements Option year 4

FFP

Option Year 4, 01 July 2015 - 30 June 2016 Provide all tools, machinery, personnel to complete all associated work IAW the SOW for the Airfields Pavements. Refer to Attachment 3 Exhibit E for line item pricing.

Section C - Descriptions and Specifications

See Attachment 1.

STATEMENT OF WORK

Section F - Deliveries or Performance

F1. PERFORMANCE WORK HOURS:

PERFORMANCE WORK HOURS

Contractor’s work hours are 7:30 A.M. to 4:30 P.M., excluding Saturdays, Sundays, and Federal Holidays.

Federal Holidays are as follows:

1. New Year’s Day 6. Labor Day

2. Martin Luther King, Jr. Day 7. Columbus Day

3. President’s Day 8. Veteran’s Day

4. Memorial Day 9. Thanksgiving Day

5. Independence Day 10. Christmas Day

NOTE: Work on weekends or Federal Holidays: If the contractor desires to work on weekends or holidays, the contractor shall request approval from the Contracting Officer (in writing). Requests shall be submitted no later than three (3) working days prior to the weekend/holiday.

Section G - Contract Administration Data

CONTRACT ADMINSTRATION

G.1 ACCOUNTING AND APPROPRIATION DATA

Refer to block 23 of the SF 1442 (to be inserted upon award).

G.2 CONTRACT ADMINISTRATION

Contract Administration of any resultant contract will be performed by the following:

509th

727 SECOND STREET, SUITE 124

CONTRACTING SQUADRON/LGCA

WHITEMAN AFB, MO 65305-5344

Telephone: (660) 687-5425

G.3 INVOICING AND PAYMENT

Payment will be made upon receipt of properly prepared invoices bearing the contract number, and project number. Invoices shall be submitted to the address listed in G2 above. Payment will be made by; see SF 1442, block 27. All payments will be made in accordance with the Payments under Fixed-Price Construction Contracts clause, FAR 52.232-27 entitled Prompt Payment for Construction Contracts.

The following items are required for final invoice payment:

1) Final invoice

2) Release of claims

3) All certified payrolls including those for completion of punch list items

4) Warranty Letter

5) Return of all contractor passes issued

G.4 PAYMENT MADE BY AND SUBMISSION OF INVOICES

The contractor shall submit original invoices for payment as prescribed in FAR 252.232-7003 Electronic Submission of Payment Request. Payment will be made by:

DFAS Limestone-F67100 27 Arkansas Road Limestone, ME 04751-1500 For submittal of electronic invoices, the contractor shall refer to paragraph (1) (2) (3), Wide Area Work Flow-Receipt and Acceptance.

If the contractor is unable to submit a payment in electronic form, the contractor shall refer paragraph to (3) for submittal of non-electronic invoices. The contractor shall submit original invoices for payment to the following address:

509th

727 Second Street, Suite 124A

CONTRACTING SQUADRON/LGCA

Whiteman AFB, MO 65305-5344

Section H - Special Contract Requirements

CONTRACT ADMINISTRATION

H-1 BASE ACCESS

Occasionally it is necessary to require either early release of Whiteman AFB personnel, late reporting, or even total base closure when weather conditions make normal travel unsafe.

When weather conditions cause one of the above situations, contractor personnel will be denied access to the base unless they have been notified that their contract service has been determined essential. For base closure or late reporting during inclement weather, listen to radio stations KOKO (1450 AM), DVEQ (104.0 FM), KPRS (103.3 FM), KDRO (1490 AM), KXKX (105.7 FM), KSIS (1050 AM), KLRQ (96.1 FM) KDKD (1280 AM/95.3 FM), and / or watch television stations KMBC (Channel 9) and WAFC Cable (channel 41).

H-2 REQUIRED INSURANCE (IAW FAR 28.306(b))

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

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.

Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribed or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

H-3 BONDS

a. Performance and Payment Bonds

. The contractor will be required to furnish a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25-A), each with good and sufficient surety or sureties, acceptable to the Government for each delivery order exceeding $150,000.00 within 14 calendar days after delivery order award. The contractor may use alternate payment protection for the delivery orders between $2,000.00 and $150,000.00.

Note: A Notice to proceed will not be issued and no work shall begin until good and sufficient surety has been received and accepted by the Contracting Officer.

NOTE: INDIVIDUAL SURETY CLAUSE: In order for the Contracting Officer to determine the acceptability of individuals proposed as sureties, all offerors providing bonds which are executed by individual sureties are required to submit the following information in support of Standard Form 28, "Affidavit of Individual Surety:"

a. A complete description of property offered, supported by title or deed, and appraisal or tax assessment.

b. A current list of all other bonds on which the individual is a surety and bonds for which the individual is requesting to be a surety.

c. Independent certification of net value of property offered.

d. Independent certification of liens or other encumbrances which exist against all property listed.

e. CPA - certified balance sheet(s) and income statement(s) with a signed opinion for each individual surety.

H-4 RECEIPT OF PROPOSALS

Proposals will not be considered “received” until physically delivered to the following address:

509 Contracting Squadron 727 Second Street, Suite 124A Whiteman AFB MO 65305-5344

H-5 TAXES

The Missouri Department of Revenue agrees that contractors, subcontractors and material suppliers may claim an exemption from Missouri sales and use tax with respect to tangible personal property and materials purchased or used for the purpose of constructing, repairing or remodeling facilities for the United States of America, its agencies and instrumentalities ("the United States"). Therefore, the Contracting Officer shall provide a project exemption certificate to the successful contractor awarded this project. The contractor shall further provide the project exemption to all subcontractors purchasing construction materials for this project.

NOTE: THE PROJECT EXEMPTION CERTIFICATE DOES NOT ALLOW CONTRACTORS

TO PURCHASE MACHINERY, EQUIPMENT, OR TOOLS USED IN FULFILLING THIS

CONTRACT, TAX EXEMPT.

H-6 SECURITY REQUIREMENTS FOR UNCLASSIFIED CONTRACTS

1. Security Training. The on-base contractor senior representative ensures all contractor employees receive initial and recurring security education training from the sponsoring agency’s security manager. Training must be conducted IAW DOD 5200.1-R, Information Security Program Regulation, and AFI 31-401, Information Security Program Management. Contractor personnel who work in Air Force controlled/restricted areas must be trained IAW AFI 31-209, The Air Force Resource Protection Program, and AFI 31-101, The Air Force Physical Security Program.

2. Listing Of Employees

. The on-base contractor senior representative shall maintain a current listing of employees. The list shall include the employee's name, social security number and level of security clearance if contract work involves unescorted entry to Air Force restricted areas or other sensitive areas designated by the installation commander. The list shall be provided to the Contracting Officer and sponsoring agency’s security manager. An updated listing shall be provided when an employee's status or information changes.

3. Weapons, Firearms, and Ammunition. Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or within their contractor-owned or privately owned vehicle while on Whiteman AFB.

4. Physical Security. The contractor shall be responsible for safeguarding all government property and controlled forms provided for contractor use. At the end of each work period, all government facilities, equipment, and materials shall be secured.

H-7 PREPARATION OF PROGRESS SCHEDULES AND REPORTS

The reports contemplated by the clause 52.236-15 entitled “Schedules for Construction Contracts” shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report. The AF Form 3064 shall be provided to the Contracting Officer not later than 15 calendar days after issuance of the Notice to Proceed. (Mandatory when performance is 60 or more days)

H-8 MATERIAL APPROVAL SUBMITTAL FORM (AF FORM 3000)

All material and articles requiring approval, as contemplated by the Materials and Workmanship Clause (FAR 52.236-5), shall be submitted by the contractor using AF Form 3000. These submittals are divided into three classes. Class “A” submittals shall be brought to the pre-construction conference. Class “B” submittals are due as specified either on the ENG Form 4288 or as directed by the Contracting Officer (usually within ten days after receipt of the Notice to Proceed). Class “C” submittals are submitted on an “as required” basis. In addition, the contractor is reminded that the certification on the AF Form 3000 must be signed by an individual within the company who has authority to make the certification.

H-9 UTILITY SERVICES

The Contracting Officer has determined that Government-operated utilities are adequate and will be furnished to the contractor without charge where existing outlets are available. The contractor is responsible for installing temporary service outlets, as necessary, and charges will be made in accordance with the clause entitled “Availability and Use of Utility Services” (Contract Clause FAR52.236-14)

Damage to Utilities

(a) In the event of a contractor caused utility failure/disruption, the Contractor will first make the area safe, then immediately contact the Base Civil Engineer Call Desk and Contracting Officer.

(b) Repairs to contractor-damaged utilities will be performed in a timely manner and at no additional cost to the Government.

H-10 TELEGRAPHIC AND TELEFAX OFFERS/AMENDMENTS

Telegraphic and telefax offers are not acceptable. Offerors may telefax changes to their offers to 660-687-5462 (Telefax number). The change must arrive at the place specified in the solicitation prior to the time set for receipt of offers. Changes received after this time will not be considered.

H-11 ON SITE OFFICE TRAILERS AND STORAGE TRAILERS/FACILITIES

a. Unless otherwise indicated, no on-base storage facilities are available for contractor owned materials. Buildings and structures which are part of the contract may be used for storage providing the space is not required for occupancy and contractor accepts full responsibility for the material stored therein. The Contracting Officer will designate areas where above-mentioned equipment shall be parked.

H-12 AS-BUILT DRAWINGS

The contractor shall maintain one set of drawings at the work site and record all changes and any hidden or subsurface data discovered during construction. The contractor shall provide a marked by blueline copy with all changes, which transpired during the contract. This will be given to the Contracting Officer prior to the final inspection.

H-13 ENVIRONMENTAL PROVISIONS

Environmental Impact All waste materials generated by the contractor or any work under the contract performed on a government installation shall be handled, transported, stored, and disposed of by the contractor and by his/her subcontractors at any time in accordance with all applicable Federal, state, or local laws, ordinances, regulations, court orders, or other types of rules or rulings having the effect of law, including but not limited to Executive Order 12088, 13 October 1978; the Federal Water Pollution Control Act, as amended (33 USC Sec 1251 ET SEQ); the Clean Air Act, as amended (42 USC SEC 1857 ET SEQ); the Endangered Species Act, as amended (16 USC Sec 1531, ET SEQ); the Toxic Substance control Act, as amended (15 USC Sec 2601 ET SEQ); the National Historic Preservation Act, as amended (16 USC Sec 470, ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 USC Sec 460, ET SEQ); the Estimate of and Percentage of Recovered Material Content for EPA Designated (Products) [Aug 2000]; and the Waste Reduction Program [Aug 2000] as required by the Resources Conservation and Recover Act of 1976, as amended (42 USC 6926 (I)(2)(C)).

1. Environmental References – The contractor is responsible for strict adherence to any local, state, or Federal environmental regulations relating to this contract. 509 CES/CEV is the base point of contact for environmental compliance / non-compliance issues and if applicable, will provide the contractor a briefing of environmental requirements at the pre-performance conference for this contract. Additionally, the contractor shall contact the Contracting Officer whenever interpretations of environmental regulations are required.

2. Hazardous Material Submittal Requirements:

(a) Submittals shall be required for all hazardous materials (most materials contain hazardous constituents). For the purposes of this contract, hazardous material shall be defined as any material or mixture of materials, which may present a danger to the public health, occupational safety, or the environment and includes:

(1) Materials containing chemicals defined under Section 1910.122 (c) of Title 29 of the code of Federal Regulations (CFR), any extremely hazardous substance listed in 40 CFR part 355, and any pesticide for which a registration has been canceled or suspended under the provisions of the Missouri Pesticide Registration Act, Section 281.210 through Section 281.310 of the Revised Statutes of Missouri (RSMO) and 2 Code of State Regulations (C.S.R.) 70-25.010 et seg. Or under the Federal Environmental Pesticide Control provisions of the 7 United States Code (U.S.C.) Section 136, et sect., and;

(2) Materials containing any element, compound, mixture, solution, or substance as designated pursuant to sections 101(14) and 102 of the Comprehensive Environmental Response, Compensation, and Liabilities Act of 1980 (CERCLA), codified at 42 U.S.C. Sections 9601 (14) and 9602, or requiring notice pursuant to Section 304 of the Emergency Planning and Community Right-to-Know- Act of 1986, codified at 42 U.S.C. Section 11004, and;

(3) Any hazardous material, or group or class or material, designated as hazardous by the United States Secretary of Transportation under 49 U.S.C. Section 5130.

(b) Prior to contractor transporting any hazardous material onto Whiteman Air Force Base, the contractor must provide a current copy of the manufacturer’s Material Safety Data Sheet (MSDS) to the Contracting Officer for certification. The contractor must ensure the MSDS contains at minimum, the following information and additional documentation from the manufacturer defining the values of items not directly addressed by the MSDS:

(1) Manufacturer’s Name

(2) List 100% hazardous components

(3) Chemical Abstract Number (CAS Number) for each chemical component

(4) Specific Gravity / Unit Volume and or Unit Weight

(5) pH (Acidity or Alkalinity) if applicable

(6) Flash Point / Ignitability

(7) Exact Weight in pounds / ounces of the material initially brought on base

(c) No hazardous materials for this contract shall be allowed on base until the contractor has received written approval of the submittal for the material in question from the Contracting Officer. If the contractor’s intent is to bring more of the product (same manufacturer) on base property after the product has received approval, only a weight submittal will be required. If it is a different manufacturer from that originally submitted, then a new MSDS submittal will be required.

(d) All material tracking shall be done on the Hazardous Material Tracking List which must be;

(1) submitted initially, (2) whenever new hazardous materials are added to the contract (minimum of 60 days between update), and (3) a final update when leftover materials are removed upon completion of the contract. Prior to final acceptance of this contract, the contractor must submit a listing of all hazardous materials relating to this contract. The Hazardous Material Tracking List will include the product name, manufacturer, and exact weight of material remaining.

(e) When special haul routes are required to deliver or remove hazardous materials for this contract, it shall be addressed by the Contracting Officer during review and approval of each hazardous material submittal.

3. Hazardous Wastes Disposal Requirements:

(a) All hazardous wastes generated by this contract shall be handled in the manner required by the State of Missouri and Federal regulations (RSMO 10 CSR, 40 CFR, and 49 CFR). For this contract, hazardous waste shall be defined as any solid wastes satisfying the criteria listed in 40

CFR 261:3.

(b) The contractor shall ensure wastes generated by this contract that have been chemically altered during this contract are sampled and analyzed to establish levels of all possible Resource Conservation Recovery Act contaminates.

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

(d) The contractor shall be responsible for proper labeling, containerization, handling, and storage of hazardous wastes created from this contract.

(e) As required by 40 CFR, Whiteman Air Force Base is the “generator” of all hazardous wastes originating within the confines of the installation, and as such is required to certify all hazardous waste is properly prepared and shipped by signing the manifest for off-site transport. All hazardous waste shipments shall be initiated by completion of a “Hazardous Waste Manifest” EPA Form 8700-22 (Rev. 9-94) MDNR-HWG 10, obtainable from the Missouri Department of Natural Resources. The contractor shall be responsible for obtaining all necessary manifest forms and for proper completion of each required by this contract.

(1) The contractor shall obtain all manifest numbers from 509 CES/CEV.

(2) Each manifest line item must have the quantity listed on the manifest in pounds except Polychlorinated Biphenyls (PCBS) which shall have the quantity listed in kilograms.

(3) Each manifest line item must have supporting documentation to allow proper chemical characterization of the hazards as defined in 40 CFR and MO 10 CSR. Sampling and analysis will be required on all wastes, which have been contaminated or altered during the course of this contract.

(4) The contractor shall insure all hazardous wastes are moved off base only by properly licensed hazardous waste transporters and are sent to properly licensed disposal facilities.

(5) 509 CES/CEV shall be the only authorized agency to sign each manifest for wastes being transported off Whiteman Air Force Base. Each shipment must be evaluated by 509 CES/CEV for compliance with applicable environmental regulations prior to signing the manifest. The contractor shall retain the responsibility for correction of all discrepancies noted during the pre-transport evaluation. (Note: CEV personnel are present only during 7:30 a.m. to 4:30 p.m. on normal working days, Monday through Friday.)

4. Inspection Liability:

(a) The contractor must understand that any operations on Whiteman Air Force Base property are fully inspectable (on a no-notice basis) by the Department of Defense, the Department of the Air Force, Missouri Department of Natural Resources (MDNR), Environmental Protection Agency (EPA), Occupational Health and Safety Agency (OSHA), and other federal regulatory agencies. Compliance with all environmental requirements pertaining to this contract is mandatory.

(b) The contractor is subject to no-notice inspections of all activities related to the project by 509 CES/CEV (Base Environmental Flight). Issues of non-compliance will be addressed directly to the Contracting Officer or his/her representative to ensure rapid correction of unsatisfactory features.

(c) The contractor is liable to the Air Force for any fines, penalties, or environmental assessments levied against the Air Force by any environmental regulatory agency that arise from, or relate to, the contractor’s performance of this contract, or the contractor’s failure to perform as specified by the contract. Any such liability may result in an equitable adjustment to the contract price, establishment of a contract debt, or recovery by the government under any other judicial, administrative, or contractual remedy as may be available to the Government.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUL 2004 52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures OCT 2010 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.203-14 Display of Hotline Poster(s) DEC 2007 52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration APR 2008 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

JUL 2010

52.209-5 Certification Regarding Responsibility Matters APR 2010 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2010

52.209-9 Alt I Updates of Publicly Available Information Regarding Responsibility Matters Alternate I

JAN 2011

52.211-13 Time Extensions SEP 2000 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.217-5 Evaluation Of Options JUL 1990 52.219-3 Notice of Total HUBZone Set-Aside or Sole Source Award JAN 2011 52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-14 Limitations On Subcontracting DEC 1996 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

JUL 2005

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 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988

52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

SEP 2010

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons FEB 2009 52.222-54 Employment Eligibility Verification JAN 2009 52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003 52.223-6 Drug-Free Workplace MAY 2001 52.223-14 Toxic Chemical Release Reporting AUG 2003 52.223-18 Contractor Policy to Ban Text Messaging While Driving SEP 2010 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 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets SEP 2009 52.228-12 Prospective Subcontractor Requests for Bonds OCT 1995 52.228-14 Irrevocable Letter of Credit DEC 1999 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes APR 2003 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-13 Notice Of Progress Payments APR 1984 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 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

APR 1984

52.236-26 Preconstruction Conference FEB 1995 52.236-28 Preparation of Proposals--Construction OCT 1997 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.243-6 Change Order Accounting APR 1984 52.244-6 Alt I Subcontracts for Commercial Items (Oct 2010) Alternate I JUN 2010 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (May 2004) - Alternate I

SEP 1996

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

JAN 2009

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.203-7003 Agency Office of the Inspector General SEP 2010 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.204-7007 Alt A Annual Representations and Certifications Alternate A JAN 2011 252.204-7008 Export-Controlled Items APR 2010 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

DEC 2006

252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.225-7012 Preference For Certain Domestic Commodities JUN 2010 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.236-7005 Airfield Safety Precautions DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military

Operations

OCT 2010

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310

(2) The small business size standard is $33M

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (d) applies.

(__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225- 1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xix) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran--Certification. This provision applies to all solicitations.

(xx) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

------(i) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

------(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

------(iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

------(iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Certification.

------(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

------(vi) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(vii) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

------(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifyingchange by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of Provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal…