FA4625-15-R-0002_Whiteman_SABER_Solicitation.doc

Section A - Solicitation/Contract Form

GENERAL INFORMATION

General Information

Simplified Acquisition of Base Engineering Requirements (SABER)

1. This requirement is an 8(a) Competitive Set-Aside, limited to SBA Region Seven firms. All qualified 8(a) firms in SBA Region Seven, consisting of Iowa, Kansas, Missouri and Nebraska, are eligible to participate. Award will result in a "Best Value" contract.

2. Please enter your CAGE Code, Tax Identification Number (TIN) and DUNS number in Block 14.

3. The designated NAICS Code is 236220, Commercial and Institutional Building Construction. The Small Business Size Standard is $35.5M.

4. A separate Notice to Proceed (NTP) will be issued on each delivery order.

5. The guaranteed minimum award amount will be the cost of the awardees’ proposed base year proposal design fee (but not less then $1,500.00). The guaranteed minimum will be obligated at the time of contract award and shall apply toward the total negotiated price of the first delivery order (seed project). The maximum contract value is $47,500,000.00.

6. There is no minimum or maximum CLIN values.

7. Reference Block 11: Performance periods will be negotiated on each delivery order.

8. Reference Block 12: Performance and Payment Bonds will be required on each individual delivery order that exceeds $150,000.00. The Contractor will also be required to maintain reserve Performance and Payment Bonds for urgent projects with a combined performance magnitude of $750,000.00 at all times for the duration of this contract. Reserve bonds may also serve as alternate payment protection for delivery orders valued between $30,000.00 and $150,000.00. See Section H-3, Special Contract Requirements.

9. IMPORTANT NOTE TO OFFERORS: All delivery orders will be priced using R.S. Means Computerized Pricing Guide (MCPG), Unit Price Book (UPB) R.S. Means software and prepared in 4Clicks estimating software. All delivery order pricing will formulated using R.S. Means BARE costs. This is a change from previous SABER contracts at Whiteman AFB. Previous contracts utilized the the Total Including Overhead and Profit computation in R.S. Means. The R.S. Means software will be provided by the Contractor to the Government upon award of this contract in accordance with the Statement of Work.

10. Each delivery order will be funded separately. A site visit will be held for each individual delivery order.

Section B - Supplies or Services and Prices

Base Year SABER

FFP

Base Year, SABER Contract, Period 1 May 2015 to 30 April 2016. Work will consist of providing all necessary labor, supplies, materials, supervision, transportation and equipment to complete the SABER contract at Whiteman Air Force Base, Missouri. This will be a firm-fixed priced Indefinite Delivery, Indefinite Quantity (IDIQ) contract for estimation and construction efforts. Projects will be in support of real property maintenance, repair, alteration and/or new construction. The work involves, but is not limited to, carpentry, road repair, roofing, excavation, interior/exterior electric, steam fitting, plumbing, sheet metal, painting, demolition, concrete masonry and welding.

FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

FFP

Option Year 1, SABER Contract, Period 1 May 2016 to 30 April 2017. Work will consist of providing all necessary labor, supplies, materials, supervision, transportation and equipment to complete the SABER contract at Whiteman Air Force Base, Missouri. This will be a firm-fixed priced Indefinite Delivery, Indefinite Quantity (IDIQ) contract for estimation and construction efforts. Projects will be in support of real property maintenance, repair, alteration and/or new construction. The work involves, but is not limited to, carpentry, road repair, roofing, excavation, interior/exterior electric, steam fitting, plumbing, sheet metal, painting, demolition, concrete masonry and welding.

MAX

FFP

Option Year 2, SABER Contract, Period 1 May 2017 to 30 April 2018. Work will consist of providing all necessary labor, supplies, materials, supervision, transportation and equipment to complete the SABER contract at Whiteman Air Force Base, Missouri. This will be a firm-fixed priced Indefinite Delivery, Indefinite Quantity (IDIQ) contract for estimation and construction efforts. Projects will be in support of real property maintenance, repair, alteration and/or new construction. The work involves, but is not limited to, carpentry, road repair, roofing, excavation, interior/exterior electric, steam fitting, plumbing, sheet metal, painting, demolition, concrete masonry and welding.

MAX

FFP

Option Year 3, SABER Contract, Period 1 May 2018 to 30 April 2019. Work will consist of providing all necessary labor, supplies, materials, supervision, transportation and equipment to complete the SABER contract at Whiteman Air Force Base, Missouri. This will be a firm-fixed priced Indefinite Delivery, Indefinite Quantity (IDIQ) contract for estimation and construction efforts. Projects will be in support of real property maintenance, repair, alteration and/or new construction. The work involves, but is not limited to, carpentry, road repair, roofing, excavation, interior/exterior electric, steam fitting, plumbing, sheet metal, painting, demolition, concrete masonry and welding.

MAX

FFP

Option Year 4, SABER Contract, Period 1 May 2019 to 30 April 2020. Work will consist of providing all necessary labor, supplies, materials, supervision, transportation and equipment to complete the SABER contract at Whiteman Air Force Base, Missouri. This will be a firm-fixed priced Indefinite Delivery, Indefinite Quantity (IDIQ) contract for estimation and construction efforts. Projects will be in support of real property maintenance, repair, alteration and/or new construction. The work involves, but is not limited to, carpentry, road repair, roofing, excavation, interior/exterior electric, steam fitting, plumbing, sheet metal, painting, demolition, concrete masonry and welding.

MAX

BID SCHEDULE

SABER COEFFICIENTS

Simplified Acquisition of Base Engineering Requirements (SABER): Work will consist of providing all necessary labor, supplies, materials, supervision, transportation and equipment to complete the SABER contract at Whiteman Air Force Base, Missouri. This will be a firm-fixed priced Indefinite Delivery, Indefinite Quantity (IDIQ) contract for estimation and construction efforts. Projects will be in support of real property maintenance, repair, alteration and/or new construction. The work involves, but is not limited to, carpentry, road repair, roofing, excavation, interior/exterior electric, steam fitting, plumbing, sheet metal, painting, demolition, concrete masonry and welding. All work shall conform to the requirements of the Statement of Work and all contract specifications. The offeror’s price coefficient must be sufficient to cover all contractor costs including but not limited to all General & Administrative expenses, overhead, profit, bond premiums, licenses, certifications, insurance, gross receipts taxes, passthrough costs, consultant fees, off site facility and storage, as well as costs associated with compliance with environmental, labor and tax laws, as no allowance will be made for these after contract award. Provide coefficient percentage and proposal development fee for each area described for the base year and all option years.

The following coefficients and proposal development fees will be in effect for the life of the contract, inclusive of option years.

BASE YEAR – 1 May 2015 through 30 April 2016

Base Year Coefficient

The contractor shall perform any or all of the functions as required in this contract per the scope of work specified in the individual delivery orders issued against this contract for the unit price sum multiplied by the corresponding coefficient.

Base Year Coefficient __________

Proposal Development Fee

The contractor shall perform any or all of the functions as required in this contract to develop, design and negotiate a final project price. Upon Government acceptance of the negotiated project price, an award will be made in the amount of the design fee if the project is not fully funded at that time. If, within one year after Government acceptance of the project, the Government elects to have the Contractor construct the work described in the project estimate, the construction project price will be adjusted downward in an amount equal to the Proposal Development Fee.

Base Year Proposal Development Fee __________

OPTION YEAR 1 – 1 May 2016 through 30 April 2017

Option Year 1 Coefficient

The contractor shall perform any or all of the functions as required in this contract per the scope of work specified in the individual delivery orders issued against this contract for the unit price sum multiplied by the corresponding coefficient.

Option Year One Coefficient __________

Proposal Development Fee

The contractor shall perform any or all of the functions as required in this contract to develop, design and negotiate a final project price. Upon Government acceptance of the negotiated project price, an award will be made in the amount of the design fee if the project is not fully funded at that time. If, within one year after Government acceptance of the project, the Government elects to have the Contractor construct the work described in the project estimate, the construction project price will be adjusted downward in an amount equal to the Proposal Development Fee.

Option Year One Proposal Development Fee __________

OPTION YEAR 2 – 1 May 2017 through 30 April 2018

Option Year 2 Coefficient

The contractor shall perform any or all of the functions as required in this contract per the scope of work specified in the individual delivery orders issued against this contract for the unit price sum multiplied by the corresponding coefficient.

Option Year Two Coefficient __________

Proposal Development Fee

The contractor shall perform any or all of the functions as required in this contract to develop, design and negotiate a final project price. Upon Government acceptance of the negotiated project price, an award will be made in the amount of the design fee if the project is not fully funded at that time. If, within one year after Government acceptance of the project, the Government elects to have the Contractor construct the work described in the project estimate, the construction project price will be adjusted downward in an amount equal to the Proposal Development Fee.

Option Year Two Proposal Development Fee __________

OPTION YEAR 3 – 1 May 2018 through 30 April 2019

Option Year 3 Coefficient

The contractor shall perform any or all of the functions as required in this contract per the scope of work specified in the individual delivery orders issued against this contract for the unit price sum multiplied by the corresponding coefficient.

Option Year Three Coefficient __________

Proposal Development Fee

The contractor shall perform any or all of the functions as required in this contract to develop, design and negotiate a final project price. Upon Government acceptance of the negotiated project price, an award will be made in the amount of the design fee if the project is not fully funded at that time. If, within one year after Government acceptance of the project, the Government elects to have the Contractor construct the work described in the project estimate, the construction project price will be adjusted downward in an amount equal to the Proposal Development Fee.

Option Year Three Proposal Development Fee __________

OPTION YEAR 4 – 1 May 2019 through 30 April 2020

Option Year 4 Coefficient

The contractor shall perform any or all of the functions as required in this contract per the scope of work specified in the individual delivery orders issued against this contract for the unit price sum multiplied by the corresponding coefficient.

Option Year Four Coefficient __________

Proposal Development Fee

The contractor shall perform any or all of the functions as required in this contract to develop, design and negotiate a final project price. Upon Government acceptance of the negotiated project price, an award will be made in the amount of the design fee if the project is not fully funded at that time. If, within one year after Government acceptance of the project, the Government elects to have the Contractor construct the work described in the project estimate, the construction project price will be adjusted downward in an amount equal to the Proposal Development Fee.

Option Year Four Proposal Development Fee __________

NOTE 1: The coefficient shall be utilized for all delivery orders regardless of work hours and/or location. The coefficient shall be inclusive of work during standard work hours and non-nonstandard work hours. The coefficient shall also be inclusive of work in performed in general base populace areas, “Free Zones”, Controlled Areas and Weapon Storage Areas.

NOTE 2: Work performed in Controlled Areas and Weapon Storage Areas may be subject to delays due to security processing or interruption to the normal work schedule to permit the completion of mission essential operations. Such interruptions, if required, could be given on short notice and will require expeditious action to leave the area. The Contractor shall not be compensated for these delays or interruptions other than the corresponding coefficient.

PROPOSAL DEVELOPMENT FEES

It is not the Government’s intention to have the Contractor provide an estimate for projects with no initial serious SABER execution consideration. Occasionally, the Contractor will prepare a proposal, but the project will not be fully funded by a decision of the Government. In order for the Contractor to receive some monetary compensation for efforts (design only), the Contractor will be awarded a Proposal Development Fee in the amount included in Section B Schedule of the awarded contract. This fee shall be deducted from the delivery order when award is made for project execution if the award is made within one year from the time negotiations were completed.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

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

$1,500.00

$47,500,000.00

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

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

30-APR-2016

30-APR-2017

30-APR-2018

30-APR-2019

30-APR-2020

Section G - Contract Administration Data

G.1

ACCOUNTING AND APPROPRIATION DATA

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

Accounting and appropriation data will be provided separately for each individual delivery order issued during the performance of this contract.

G.2

CONTRACT ADMINISTRATION

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

509th CONTRACTING SQUADRON/LGCA

660 Tenth Street, Suite 222

WHITEMAN AFB, MO 65305-5344

Telephone: (660) 687-5435

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 through Wide Area WorkFlow in accordance with DFARS 252.232-7006, Wide Area WorkFlow Payment Instructions. Payment will be made by the pay office identified on each delivery order. 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) As-Built Drawings (See Section H-12)

6) 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 DFARS 252.232-7003

Electronic Submission of Payment Request and Receiving Reports. Payment will be made by the pay office identified on each individual delivery order.

If the contractor is unable to submit a payment in electronic form, the contractor shall refer to DFARS 252.232-7003 paragraph to (c) and (d) for submittal of non-electronic invoices. The contractor shall submit original invoices for payment to the following address:

509th CONTRACTING SQUADRON/LGCA

660 Tenth Street, Suite 222

Whiteman AFB, MO 65305-5344

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

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).

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

Reference FAR clause 52.228-5 Insurance -- Work on a Government Installation, 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.

b. Reserve Bonding Requirements. The contractor will be required to maintain reserve bonds for projects in the magnitude of $750,000.00 at all times for the duration of the contract. The purpose of this bonding is to expedite urgent projects in lieu of waiting for individual bonding to be acquired. It also may serve as alternate payment protection for delivery orders valued between $30,000.00 and $150,000.00. This reserve bonding must be provided within thirty (30) days after contract award. The contractor may, at their discretion, provide an irrevocable letter of credit (ILC) for delivery orders valued between $30,000.00 and $150,000.00, but shall maintain bonds in the magnitude of $750,000.00 for urgent projects.

Note 1: 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 2: 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 using real property as security interest 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.

f. Reference 52.228-11 -- Pledges of Assets, for additional information regarding individual sureties.

H-4 RECEIPT OF PROPOSALS

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

509th Contracting Squadron/LGCA

660 Tenth Street, Suite 222

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

a. Security Training. The 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 DoDM 5200.01, Information Security Program, 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.

b. Listing Of Employees. The contractor senior representative shall maintain a current listing of employees. The list shall include the employee's name, social security number, date of birth, driver license number/state identification card number and U.S. citizenship status if entry to Air Force restricted areas or other sensitive areas designated by the installation commander. The following vehicle information must be provided to gain vehicle access to restricted areas: year, make, model, color, license plate number and state. The lists shall be provided to the Contracting Officer prior to the commencement of work. An updated listing shall be provided when employee or vehicle status or information changes.

c. 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.

d. 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 -- 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 52.236-5 -- Materials and Workmanship Clause, shall be submitted by the contractor using AF Form 3000. 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 52.236-14 -- Availability and Use of Utility Services.

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 Customer Service 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 660-687-7083 (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

Unless otherwise indicated, on-base storage facilities are not 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

CLAUSES INCORPORATED BY FULL TEXT

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $377.13 for the first calendar day of delay, and $254.52 for each calendar day thereafter 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)

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 $750,000.00;

(2) Any order for a combination of items in excess of $3,000,000.00; or

(3) A series of orders from the same ordering office within five (5) 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 two (2) 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,…