02 SABER RFP 08R0001Amend0001.doc

Section B - Supplies or Services and Prices

Lump Sum

Base Period - 2 Jul 2008 to 01 Jul 2009

FFP

The contractor shall perform maintenance, repair, and minor construction IAW attachment 1, Technical Specifications for SABER and as identifed by other specific specifications/work statements in each delivery order issued against this contract.

COEFFICIENTS:

Offer shall insert proposed coefficient rates for CLINs 0001 through 4001 (See notes following the Bid Schedule). Coefficients provided shall remain constant and in effect for the life of the contract (One base period and four option periods).

Standard Work Hours (0715 to 1615, excluding __________ weekends and holidays).

Non-Standard Work Hours (other than the Standard __________

Work Hours referred to above).

Weapons Storage Area - On Base - Secure Area. __________

Missile Field - Off Base - Secure Area. __________

Non-Priced Item (NPI) Coefficient. __________

FOB: Destination

NSN: Z199-SA-BER-2008

SIGNAL CODE: A

NET AMT

Lump Sum

FFP

The contractor shall perform maintenance, repair, and minor construction IAW attachment 1, Technical Specifications for SABER and as identifed by other specific specifications/work statements in each delivery order issued against this contract.

COEFFICIENTS:

Offer shall insert proposed coefficient rates for CLINs 0001 through 4001 (See notes following Schedule B). Coefficients provided shall remain constant and in effect for the life of the contract (One base period and four option periods).

Standard Work Hours (0715 to 1615, excluding __________ weekends and holidays).

Non-Standard Work Hours (other than the Standard __________

Work Hours referred to above).

Weapons Storage Area - On Base - Secure Area. __________

Missile Field - Off Base - Secure Area. __________

Non-Priced Item (NPI) Coefficient. __________

FOB: Destination

NET AMT

Lump Sum

FFP

The contractor shall perform maintenance, repair, and minor construction IAW attachment 1, Technical Specifications for SABER and as identifed by other specific specifications/work statements in each delivery order issued against this contract.

COEFFICIENTS:

Offer shall insert proposed coefficient rates for CLINs 0001 through 4001 (See notes following Schedule B). Coefficients provided shall remain constant and in effect for the life of the contract (One base period and four option periods).

Standard Work Hours (0715 to 1615, excluding __________ weekends and holidays).

Non-Standard Work Hours (other than the Standard __________

Work Hours referred to above).

Weapons Storage Area - On Base - Secure Area. __________

Missile Field - Off Base - Secure Area. __________

Non-Priced Item (NPI) Coefficient. __________

FOB: Destination

NET AMT

Lump Sum

FFP

The contractor shall perform maintenance, repair, and minor construction IAW attachment 1, Technical Specifications for SABER and as identifed by other specific specifications/work statements in each delivery order issued against this contract.

COEFFICIENTS:

Offer shall insert proposed coefficient rates for CLINs 0001 through 4001 (See notes following the Schedule B). Coefficients provided shall remain constant and in effect for the life of the contract (One base period and four option periods).

Standard Work Hours (0715 to 1615, excluding __________ weekends and holidays).

Non-Standard Work Hours (other than the Standard __________

Work Hours referred to above).

Weapons Storage Area - On Base - Secure Area. __________

Missile Field - Off Base - Secure Area. __________

Non-Priced Item (NPI) Coefficient. __________

FOB: Destination

NET AMT

Lump Sum

FFP

The contractor shall perform maintenance, repair, and minor construction IAW attachment 1, Technical Specifications for SABER and as identifed by other specific specifications/work statements in each delivery order issued against this contract.

COEFFICIENTS:

Offer shall insert proposed coefficient rates for CLINs 0001 through 4001 (See notes following the Schedule B). Coefficients provided shall remain constant and in effect for the life of the contract (One base period and four option periods).

Standard Work Hours (0715 to 1615, excluding __________ weekends and holidays).

Non-Standard Work Hours (other than the Standard __________

Work Hours referred to above).

Weapons Storage Area - On Base - Secure Area. __________

Missile Field - Off Base - Secure Area. __________

Non-Priced Item (NPI) Coefficient. __________

FOB: Destination

NET AMT

SCHEDULE B CONTINUE

SUPPLIES AND SERVICES CONT.

COEFFICIENT SCHEDULE B

A. COEFFICIENT SCHEDULE B (continued) “ENTER COEFFICIENT PRICES BELOW”

COEFFICIENT PRICING IN THE TABLE BELOW IS FOR EVALUATION PURPOSES ONLY

COEFFICIENT

ESTIMATED*

PROPOSED PRICE

NON-STANDARD WORK HOURS (other than the Standard Work Hours referred to above)

WEAPONS STORAGE AREA – ON MALMSTROM AFB – SECURE AREA

MISSILE FIELD – OFF MALMSTROM AFB –

SECURE AREA

NPI COEFFICIENT

$10,000.00

* The estimated dollar amounts are for proposal evaluation purposes only.

** The Contractor’s coefficient shall account for all allocable and allowable contract costs, i.e., profit, gross receipt taxes, payroll taxes (FICA, Workmen’s Compensations, Federal and State unemployment) superintendents’ salaries, builders risk insurance, mobilization and de-mobilization expenses, bond premiums, all design costs will be part of the contractors’ coefficient, based on the request to have a Project Engineer on staff, sub-contractor costs, clean-up costs, various over-head expenses (on-site office overhead, field office building, furniture, equipment, on-site office staff salaried, vehicle and construction equipment maintenance, office administrative expenses, proportional share of home office overhead), etc. There will be no allowance for any additional costs beyond the bare costs multiplied by the appropriate “city cost index” for Great Falls, Montana from Means and the coefficient; therefore, the coefficient must be all inclusive of costs incurred for each task order. The coefficient shall include costs for computer hardware, software, licenses, annual maintenance, R.S. Means Master file and all updates and Licenses for WINEST, R.S. Means, etc.)

See Attachment 8 for project history to aid in the development of these CLIN prices.

B-1 SCHEDULE DESCRIPTION

The contractor shall provide maintenance, repair, design and construction services during standard, non-standard working hours and in secure and non-secure areas both on Malmstrom AFB, surrounding missile complexes and other remote areas under the control of Malmstrom AFB, MT, IAW specifications, as well as the Coefficient Schedule B provided in Section B and RS Means/Unit Price Book/Software.

1. This is a firm fixed price indefinite delivery/indefinite quantity contract for the award of SABER construction services at Malmstrom AFB, MT.

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 new construction. The contractor will receive requests for proposal from the government; reference clause 5352.216-9000 and Specification

Division 01010, General Requirements, for specific instructions and detail for proposal submittal.

3. Coefficients: (See Section 01000 of the specifications) a.

In order to be considered for award, the offeror must submit coefficients for CLINs 0001 through 4001 identified above. The purpose of applying the coefficients to direct pre-priced costs from RS MEANS is to compensate the contractor for all of their indirect costs and profit for performance. In order to be considered for award, the offeror must submit coefficients for all contract line items identified in the Coefficient Schedule B.

b. The offerors’ coefficients (in decimal format, no more than 2 decimal places) should 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, protection or moving of government property, labor laws and any other associated costs required to perform the work.

c. Coefficients less than “1.00”, as an example, a coefficient of .97 would result in a decrease of (3%) to the pre-priced items in the proposal. The contractor should thoroughly consider all potential costs and proposal environment, before submitting a coefficient less than 1.00 for any item in the Coefficient Schedule B. Offerors submitting separate coefficients for individual tasks will be considered unacceptable and the offer will be rejected.

d.

The contractor’s coefficient will remain the same for the base year and subsequent option years. Individual line item changes will be considered through annual updates to the RS Means Facilities Construction Cost Data.

4. Standard Working Hours: See specification Section 01010, paragraph 3.0.

5. Non-Standard Working Hours: The term “non-standard work hours” is not to be interpreted as “overtime”. See specification Section 01010, paragraph 3.0.

6. Weapons Storage Area – On Malmstrom AFB – Secure Area: Additional costs for working in secure areas on base (additional labor hours, security delays) shall be included in the coefficient.

7. Missile – Off Malmstrom AFB – Secure Area: Additional costs for work at the missile sites (mobilization, mileage, additional labor hours) shall be included into the coefficient. The distance from Malmstrom AFB to the missile sites range approximately 18 miles to 158 miles.

8. The contractor shall furnish to the Government, when required, the supplies or services specified in the Schedule up to the amounts specified under paragraph 13 of this section. Contractor entries are required for contract line items 0001 through 4001 in the Proposal Schedule, Section B. Contractors shall use the Coefficient Schedule B area to enter their proposal coefficients and extended prices.

9. Concurrent with the exercise of any options, current Davis Bacon Wage Decisions 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 period, (see FAR 52.222-30). The contractor shall compensate all covered employees at not less than the rates specified on the wage determination(s) specified per task order; however, no adjustment will be made relative to incorporation of any wage determination(s) at the inception of each exercised option year. Initial wage determinations specified in a task order, issued in one year where work carries over to a new year, will not change.

10. Non Pre-Priced Item (NPI): NPI coefficient shall be effective for the entire contract performance period including all option periods. For individual task orders, items of work not covered by the RS Means, but within the scope and general intent of the contract may be added by the Contracting Officer. These items may then be incorporated into and made part of the basic contract at the government’s option. For individual task orders, the items shall be provided at the negotiated price, multiplied by the applicable NPI coefficient listed in the contract schedule. The RS MEANS shall be used to the maximum extent. For each task order proposal, NPI items shall be supported by a minimum of three competitive quotes unless waived by the applicable contracting officer. Non-priced items will be renegotiated each year.

11. Work Areas shall be defined as follows:

(a) Non-Secured Area. The lowest level of security exists in general access areas. These areas are all of Malmstrom AFB outside of the USAF controlled areas.

(a) Secured Area. USAF Controlled access areas are the higher-level security areas. Presence within these controlled access areas is by escort; and the movement of authorized personnel in and out of these areas is limited. Contractor personnel are permitted access to these areas on a need basis only.

12. Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order.

13. Sections K, L and M will be deemed incorporated in the resultant award, by reference.

B-2 CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum 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 GUARANTEED PER CONTRACT

AMOUNT

MAXIMUM PER CONTRACT

AMOUNT

MAXIMUM SABER PROGRAM

AMOUNT

* Minimum guarantee per contract amount is applicable for the base year only

TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each task order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each task order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

AMOUNT

MAXIMUM

AMOUNT

* Cost Limitations subject to change based on AFI 32-1032 Section C - Descriptions and Specifications

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

Drawings will be provided/indentified per task order, as appropriate, and determined by the Contracting Officer. Not all task orders will have initial drawings

(End of clause)

DESCRIPTIONS AND SPECS

C-1 SPECIFICATION, STANDARDS AND DRAWINGS IAW FAR 11-201

SPECIFICATIONS: SIMPLIFIED ACQUISITON OF BASE ENGINEERING REQUIREMENTS CONTRACT

The contractor shall furnish all labor, materials, supervision, quality control, testing, equipment and transportation necessary to perform all Task Orders in accordance with drawings and specifications applicable to Malmstrom AFB, that are identified as attachments to this solicitation in Section J hereof.

Specifications, standards or drawings (as applicable) are furnished as Attachment 1, Specifications for Simplified Acquisition of Base Engineering Requirements (SABER), as listed in Section J.

A. Design Drawings

Contractor shall submit Design Drawings with each proposal for each Task Order. The complexity of these drawings will be driven by the complexity of the task. Drawings included with the proposal must be thorough enough to allow the government and contractor to estimate prepriced and non-prepriced items, for the government to monitor the work, and the contractor to execute the work. Refer to Specification Division 01000, for specific details. Once the Task Order is awarded, the design drawings shall become the basis for the record drawings.

B. Record Drawings (As Builts)

During the progress of the work, the Contractor shall keep a stamped SABER office approved set of drawings on the job site. If the Contractor fails to maintain the stamped drawings as required herein, the Contracting Officer will consider that satisfactory progress has not been achieved for the period in question. Final payment will be withheld until As-Built record drawings are submitted to and approved by the applicable Contracting Officer.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

INSPECTION AND ACCEPTANCE

E-1 INSPECTION AND ACCEPTANCE

A. Pre-Final and Final Inspection (Task Orders):

1. Reference Specification Section 01000.

2. The final inspection will be at the project location with the Contractor, the Project Inspector and Contracting Officer and/or administrator on site.

B. Designation of Government Inspector:

The Civil Engineer or authorized representative is designated as the representative of the Contracting Officer for the purpose of serving as the government’s inspector. The designation will be provided to the contractor in writing following contract award. The inspector will perform duties including technical surveillance, ensuring compliance with workmanship and with the plans and specifications of this contract. This provision does not authorize anyone other than the applicable Contracting Officer to commit the government to changes in the terms of a Task Order.

Section F - Deliveries or Performance

DELIVERY INFORMATION

01-JUL-2009

KEN MURPHY

39 78TH ST N BLDG 470

MALMSTROM AFB MT 59402

406-731-6865

FOB: Destination F2W3D5

01-JUL-2010

F2W3D5

01-JUL-2011

F2W3D5

01-JUL-2012

F2W3D5

01-JUL-2013

F2W3D5

CLAUSES INCORPORATED BY REFERENCE

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

The Contractor shall be required to (a) commence work under this contract DATE TO BE DETERMINED after the date the Contractor receives the notice to proceed *, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than ** days. The time stated for completion shall include final cleanup of the premises.

* A separate notice to proceed will be used with each task order.

** Performance period will be stated in each individual task order.

(End of clause)

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 TBD per 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)

DELIVERIES OR PERFORMANCE

I. CONSTRUCTION START UP PERIOD

A. The first 90 days of the performance period of the contract will be designated as a start up period, after which the contractor shall have all equipment and personnel in place to fully execute the requirements of this contract. The contractor will be allowed the first 20 calendar days of the start up period to mobilize without being notified by the applicable Contracting Officer of a performance requirement. During the remainder of the start-up period, the contractor shall have the required capability to accept a volume of government requirements in accordance with the following schedule.

Calendar Days

Required Capability

After Award

(Cumulative Value of Work)

20-29 days after performance period begins

$ 750 Thousand

30-60 days after performance period begins

$ 1.2 Million

61-90 days after performance period begins

$ 2 Million

Contractor shall reach full performance capability by 121 days after performance period begins and meet requirements under contract clause 52.216-19, Order Limitations.

B. During these periods the government may request work over and above the stated capability. The contractor may decline additional work without penalty.

C. Exclusion Periods in Computing Completion Schedules: No work will be required during the exclusion period. Such a period shall not be considered in computing the time allowed for completion. The contractor may, however, perform work during all or any part of this period upon receiving written approval by the applicable Contracting Officer. The contractor shall provide written request to work during the exclusion periods to the applicable contracting officer. Exclusion periods shall be determined for each individual Task Order. This paragraph shall apply to all Task Orders through out the contract performance period and any extension of performance.

II. PERFORMANCE REQUIREMENTS

1. TASK ORDER/TASK ORDER AWARD PROCESS (REF AFFARS Clause 5352.216-9000)

(a) Individual firm fixed priced Task Orders will be issued for requirements covered by the awarded SABER contract.

(b) Project requirements will be issued to each contractor awarded a contract as a result of this solicitation. After receipt of the requirement, Contractors are required to provide a proposal on each project. A scope validation visit will be scheduled and identified in each requirement for the purpose of answering questions and providing clarification of project content. Only one site visit will be held per task order.

(c) The Government intends to evaluate proposals and award task orders without discussions and offerors should initially submit their most competitive proposals in response to project requirements, however, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Upon receipt of the contractor’s proposal, the Government will review the proposal for completeness. The Government reserves the right to negotiate non-prepriced items and performance times at the time of award.

(d) Contractor’s proposal. Time for submittal of the Contractor’s proposal for each individual requirement will be determined by the Government, but will normally be:

(a) 15 working days for complex task orders

(b) 10 working days for routine task orders

(c) 5 working days for quick response task orders

NOTE: The government reserves the right to request proposal submittals outside the timelines stated above. This will typically be during end of the fiscal year, usually a two month period during the months of August and September, but is not exclusive to this timeframe.

It shall be the mutual goal of the contracting parties to finalize negotiations within 10 working days after submittal of a proposal to the government. A Task Order/Task Order will be issued by the Contracting Officer after negotiations are completed and both parties agree on a price and performance time for the work to be performed.

Section G - Contract Administration Data

ACCOUNTING & APPRORIATION DATA

At time of task order award, the government will identify accounting and appropriation data. Each Task Order will contain individual accounting and appropriation data.

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)

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

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

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

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

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

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

(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

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

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

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

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

(End of clause)

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

DESIGNATION OF CONTRACTING OFFICER REPRESENTATIVE (COR)

The Base Civil Engineer or his/her authorized representative is designated as the representative of the Contracting Officer (COR) for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This designation in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of the contract. The COR performs quality assurance for the government and is not authorized or required to perform the quality control for the contractor.

NORMAL HOURS OF WORK

(a) Normal work hours for Base Engineering personnel are from 7:00 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. Access to work sites will be restricted to these hours and days, unless otherwise specified in the Statement of Work Section of the Specifications. Work that requires quality assurance during its accomplishment or that cannot be fully inspected after its completion will normally not be allowed to be done during other than normal work hours/days without written Contracting Officer approval or as otherwise specified in the contract.

(b) Normal work hours for Contracting personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. In order to ensure availability of personnel, please schedule your meetings and visits at least 24 hours in advance.

Federal Holidays

New Year’s Day

1 January

Martin Luther King’s Birthday

3rd Monday in January

Presidents Day

3rd Monday in February

Memorial Day

Last Monday in May

Independence Day

4 July

Labor Day

1st Monday in September

Columbus Day

2nd Monday in October

Veterans Day

11 November

Thanksgiving Day

4th Thursday in November

Christmas Day

25 December

Any holiday falling on a Saturday will be observed the preceding Friday. Any holiday falling on a Sunday will be observed the following Monday. The Government anticipates similar days to be granted in subsequent years. “Family Days” are also considered holidays.

WEATHER CONDITIONS

(a) Weather Hazards: The Contractor shall satisfy himself as to the hazards likely to arise from weather conditions. Complete weather records and reports may be obtained from any U.S. Weather Bureau office

(b) High Winds: When warnings of winds of gale force or stronger are issued, Contractor shall take every practicable precaution to minimize damage (including overspray) to persons, work, and adjacent property. These precautions may include removing all stored materials, tools, and/or equipment from exposed locations and removing or securing any temporary structures.

NOTICE OF COMPLETION OF PROJECT / FINAL INSPECTION

(a) Reference Specification Section 01000 for pre-final/final inspection requirements.

TELEPHONE AND INFORMATION TECHNOLOGY COMMUNICATIONS SECURITY MONITORING

Civilian contractor personnel are advised that all telephone and information technology communications are for “Official Use Only.” All communications within DoD organizations and on DoD property are subject to communications security (COMSEC) review. All contractor personnel must be aware that telephone and information technology communication networks are continually subject to intercept by unfriendly intelligence organizations. Any time they use information technology or place/receive a call from or to a USAF organization, they are subject to COMSEC procedures and the communication may be monitored by government personnel. The contractor, therefore, will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees working on this contract.

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 from the date of award through the scheduled completion date.

(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)

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 for task orders, 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 (Statutory Cost Limitation for Minor Construction. Subject to Change IAW AFI 32-1032), and $3,000,000.00 for repair and maintenance.

(2) Any order for a combination of items in excess of $20,000,000.00 for each contract; or

(3) A series of orders from the same ordering office within 30 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 5 calendar 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 the completion date of this contract or the last active task order.

(End of clause)

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 15 calendar 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 five (5) years and six (6) months.

(End of clause)

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED PRODUCTS (AUG 2000)

(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 used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to 341st Contracting Squadron, Malmstrom AFB, MT for each task order where applicable.

(End of clause)

52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

(a) Unless otherwise exempt, the Contractor, as owner or operator of a facility used in the performance of this contract, shall file by July 1 for the prior calendar year an annual Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023(a) and (g)), and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106). The Contractor shall file, for each facility subject to the Form R filing and reporting requirements, the annual Form R throughout the life of the contract.

(b) A Contractor-owned or -operated facility used in the performance of this contract is exempt from the requirement to file an annual Form R if--

(1) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65;

(2) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);

(3) The facility does not meet the reporting thresholds of toxic chemicals established under of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA);

(4) The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors:

(i) Major group code 10 (except 1011, 1081, and 1094.

(ii) Major group code 12 (except 1241).

(iii) Major group codes 20 through 39.

(iv) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce).

(v) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.)), 5169, 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or

(5) The facility is not located in the United States or its outlying areas.

(c) If the Contractor has certified to an exemption in accordance with one or more of the criteria in paragraph (b) of this clause, and after award of the contract circumstances change so that any of its owned or operated facilities used in the performance of this contract is no longer exempt--

(1) The Contractor shall notify the Contracting Officer; and

(2) The Contractor, as owner or operator of a facility used in the performance of this contract that is no longer exempt, shall (i) submit a Toxic Chemical Release Inventory Form (Form R) on or before July 1 for the prior calendar year during which the facility becomes eligible; and (ii) continue to file the annual Form R for the life of the contract for such facility.

(d) The Contracting Officer may terminate this contract or take other action as appropriate, if the Contractor fails to comply accurately and fully with the EPCRA and PPA toxic chemical release filing and reporting requirements.

(e) Except for acquisitions of commercial items, as defined in FAR Part 2, the Contractor shall--

(1) For competitive subcontracts expected to exceed $100,000 (including all options), include a solicitation provision substantially the same as the provision at FAR 52.223-13, Certification of Toxic Chemical Release Reporting; and

(2) Include in any resultant subcontract exceeding $100,000 (including all options), the substance of this clause, except this paragraph (e).

(End of clause)

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (JAN 2005)

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

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

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

Cost of components means--

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

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

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States, if 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.

Foreign construction material means a construction material other than a domestic construction material.

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

(b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material.