Sol FA4626-09-R-0019, HTHW Ph7.doc

Section B - Supplies or Services and Prices

HTHW Service Lines Replacement, Phase 7

FFP

Repair/Replace HTHW lines, Phase 7, bldgs 1192,1448, and 1199 in accordance with the terms and conditions of the contract, drawings and specifications. In order to be responsive, the contractor must complete the attached continuation Schedule B (SubClins 000101 through 000110) and place the aggregate amount on CLIN 0001.

FOB: Destination

NSN: Z299-HT-WAT-PHS7

MILSTRIP: F2W3D59092A002

PURCHASE REQUEST NUMBER: F2W3D59092A002

SIGNAL CODE: A

NET AMT

CONTINUATION SCHEDULE B

000108

CY

000110

000111

EST TOTAL

Notes:

1. SubClins 000103 through 000110 are estimated quantities and payment shall be made on actual amounts used.

2. Contract clause, FAR 52.211-18, Variation in Estimated Quantity, applies to all items in the schedule and continuation schedule B.

3. SubClin 000111 is for actual amount of bonding paid by the contractor. The contractor must furnish bonding prior to invoicing. Invoiced amount will be for the actual amount paid only.

Section C - Descriptions and Specifications

DESCRIPTION AND SPECIFICATIONS

Furnish all plant, labor, equipment, supervision, services, and materials necessary to perform the work required by the drawings and specifications applicable to Malmstrom AFB, Project No. NZAS 06-10001F, dated April 2009 and that are identified as attachments to this solicitation in Section J hereof.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

KEN MURPHY

39 78TH ST N BLDG 470

MALMSTROM AFB MT 59402

406-731-6865

FOB: Destination F2W3D5

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 10 days calendar days after the date the contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 days excluding the winter exclusion period from 15 Sept through 15 May. The time stated for completion shall include final cleanup of the premises.

(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 $331.16 for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

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 I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JUL 2005)

(a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer.

These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns.

(e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the HUBZone small business participant or participants.

(f) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

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

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

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

(2) Submit this estimate to

341st Comptroller-Contracting Squadron

7015 Goddard Drive, Bldg 145

Malmstrom AFB, MT 59402

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

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

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

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

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

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

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

(End of clause4)

CLAUSES INCORPORATED BY FULL TEXT

52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

(a) Executive Order 13148, of April 21, 2000, Greening the Government through Leadership in Environmental Management, requires submission of this certification as a prerequisite for contract award.

(b) By signing this offer, the offeror certifies that--

(1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or

(2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: (Check each block that is applicable.)

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

( ) (ii) 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);

( ) (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) 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);

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

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

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

(C) Major group codes 20 through 39.

(D) 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).

(E) 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

( ) (v) The facility is not located within the United States or its outlying areas.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify 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 prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acq.osd.mil/dpap/dars/dfars/index.htm http://www.arnet.gov/far/ http://farsite.hill.af.mil/ (End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

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:

(End of clause)

5352.201-9101 OMBUDSMAN (AUG 2005)

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

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

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen, A7K, 150 Vandenberg St, Ste 1105, Peterson AFB, CO 80914-4350, 719-554-5250, fax 719-554-5299, a7k.wf@afspc.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067.

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

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

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (JUN 2002)

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

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

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

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management, as applicable.

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

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

(End of clause)

INSURANCE REQUIREMENTS

Insurance Requirements

(a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability.

(1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

Section J - List of Documents, Exhibits and Other Attachments

LIST OF ATTACHMENTS

SECTION J

LIST OF ATTACHMENTS

(All listed documents are at the end of this document)

ITEM NR

SPECIFICATIONS, STANDARDS AND/OR ATTACHMENTS

Attach 1 Technical Specifications, HTHW Service Line Replacement, Phase 7, Project number NZAS 06-1001F, dated April 2009, Cover Page through Section 16120

Attach 2 Submittal Schedule, dated April 2009, pages SS-1 through SS-4

Attach 3 Schedule of Drawings, 1 page

Attach 4 Drawings, 8 pages

Attach 5 Wage Determinations MT080001, Modification 10, dated 03/27/2009, 9 pages

Attach 6 Customer Satisfaction Survey, 4 pages NOTE!! IT IS THE RESPONSIBILITY OF THE OFFEROR TO SEND THE CUSTOMER SATISFACTION SURVEY TO THE PREVIOUS CUSTOMERS WHICH THE OFFEROR HAS PROVIDED CONSTRUCTION SERVICES DURING THE PAST THREE YEARS. THE CUSTOMER MUST COMPLETE THE SURVEY, THEN SEND THE COMPLETED SURVEY TO THE FOLLOWING ADDRESS BY 11 April 2009, BUT NOT LATER THAN THE PROPOSAL CLOSING DATE OF 20 May 2009, 2:00PM MST

341st Comptroller-Contracting Squadron

341 CCS/LGCA, Attn: Mark Jeferson

7015 Goddard Drive, Bldg 145

Malmstrom AFB, MT 59402-6863

THE COMPLETED SURVEY MUST CONTAIN THE CUSTOMERS’ FULL NAME, ADDRESS, TELEPHONE NUMBER, TYPE OF CONSTRUCTION WORK THAT WAS PERFORMED, AND THE DATE THE WORK WAS COMPLETED.

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $14,000,000.00.

(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 (c) 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 (b) 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 (c) applies.

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

(c) 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 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, identifying change 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)

CLAUSES INCORPORATED BY FULL TEXT

K-1 AGREEMENT TO RELEASE UNIT PRICES

By executing this release, the undersigned principal or officer of the entity under which name this proposal is submitted hereby agrees that the unit prices set forth under Section B of this proposal, are not proprietary to the firm I represent and are therefore not exempt, for that or any other reason, from release under the Freedom of Information Act (FOIA). It is further agreed that the unit prices set forth in Section B, on a contract line item (CLIN) basis, may be released by the Government, unilaterally, to any other offeror competing for award under this solicitation ONLY AFTER AWARD OF ANY RESULTANT contract, and then only to those offerors who have also signed this release and agreement.

Name

Date

Title

Section L - Instructions, Conditions and Notices to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Malmstrom AFB, Cascade County.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from C.O. 341st Comptroller-Contracting Squadron, 7015 Goddard Drive, Bldg 145, Malmstrom AFB, Montana 59402-6863.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--

4 May, 2009 at 1300MST

(c) Participants will meet at--

341 Comptroller Contracting Squadron

7015 Goddard Drive

Malmstrom AFB, MT 59402-6863

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acq.osd.mil/dpap/dars/dfars/index.htm http://www.arnet.gov/far/ http://farsite.hill.af.mil/ (End of provision

L-500

TYPE OF ACQUISITION

THIS ACQUISITION IS FULL AND OPEN IAW FAR PART 19.10, SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM.

L-501

INFORMATION REGARDING SITE VISIT,

PREPARATION AND SUBMISSION OF OFFERS

NOTICE OF PRE-BID/PRE-PROPOSAL CONFERENCE

a. A pre-bid/pre-proposal conference will be conducted at 1300 MST, 4 May 2009 for the purpose of answering questions regarding this solicitation.

b. Submit the names of all attendees exactly as they appear on drivers license, and social security number, not to exceed two (2) personnel to point of contact, Mark Jefferson, 406-731-3748 prior to 27 April 2009 This information must be provided in advance in order to ensure access of the military base/conference site and adequate seating for the conference.

c. Bidders/Offerors are requested to submit questions to the point of contact noted above not later than 27 April 2009. Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and solicitation remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

d. A record of the conference shall be made and furnished to all prospective bidders/offerors. The record should include minutes of the meeting, including questions (on a non-attribution basis) and answers.

e. See FAR provision 52.236-27 in Section L above for information regarding the site visit. Offeror should note the contract clause 52.236-3 "Site Investigation and Conditions Affecting the Work."

f. Original and (1) copy of the proposal package must be completed and returned to the 341 CCS/LGCA), 7015 Goddard Drive, Bldg 145, Malmstrom AFB, MT prior to the time set for proposal closing. HANDCARRIED PROPOSALS MUST BE DEPOSITED IN THE BID DEPOSITORY LOCATED THEREIN.

N O T I C E

Offerors are cautioned that Malmstrom AFB has stringent visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass and be cleared by the Government point of contact to be visited prior to entrance. IT IS POSSIBLE THAT THE POINT OF CONTACT MAY NOT BE AVAILABLE TO CLEAR OFFERORS FOR ENTRANCE WHICH MAY PROHIBIT SUBMISSION OF HANDCARRIED OFFERS; CONSEQUENTLY, OFFERORS ELECTING TO HANDCARRY THEIR PROPOSALS FOR SUBMITTAL JUST PRIOR TO PROPOSAL CLOSING TIME DO SO AT THEIR OWN RISK. Late proposals will be processed in accordance with the provision 52.215-1 entitled "Instructions to Offerors--Competitive Acquisitions."

L-502

AMENDMENT OF SOLICITATION PRIOR TO PROPOSAL CLOSING TIME

The Government reserves the right to revise or amend the specifications, drawings or the solicitation prior to the proposal closing time. Such revisions or amendments, will be communicated by amendments to this Request For Proposal. If such amendments require material changes in quantities or prices, the proposal closing date may be postponed by enough days to enable offerors to revise their proposals. In such cases, the amendment will include an announcement of the new proposal closing date and time. Amendments will be posted on the Internet with the solicitation documents without notice. Offerors are responsible for accessing all amendments prior to proposal submission at www.fedbizopps.gov.

L-503

POSTPONEMENT OF PROPOSAL CLOSING DATE

a. An amendment postponing proposal closing may be issued even after the time scheduled for proposal closing, under the following conditions:

(1) When the Contracting Officer has reason to believe that the offers of an important segment of offerors have been delayed in the mail for causes beyond their control and without their fault or negligence (such as, but not limited to, flood, fire, accident, weather conditions or strikes); or

(2) When emergency or unanticipated events interrupt normal governmental processes so that conducting proposal closing as scheduled is impracticable.

b. At the time a determination is made to postpone a proposal closing under subparagraph a(1), above, an announcement of the determination shall be publicly posted and, if practicable before issuance of formal amendment of the RFP, otherwise communicated to prospective offerors.

c. In the case of subparagraph a(2) above, the Contracting Officer may proceed with the proposal evaluation as soon as practicable after the time scheduled, without prior amendment to the RFP or Notice to Offerors whenever the delay incident to such amendment or notice is not in the best interest of the Government. In such case, the time of actual proposal closing shall be deemed to be the time set for proposal closing for the purpose of determining late proposals.

L-504

POST-AWARD/PREPERFORMANCE CONFERENCE

A preperformance conference shall be scheduled by and held at the office issuing this RFP prior to the commencement of any work under the contract which may be awarded as a result of this solicitation. It is highly recommended the Contractor or his duly authorized representative attend the preperformance conference.

L-505

PROPOSAL PREPARATION INSTRUCTIONS

(a) General Format and Content

1. All proposals shall be complete, self-sufficient, and respond directly to the requirements of this solicitation. A proposal is defined as one, which will include separate volumes as specified below.

2. Submitted volumes and areas shall be fully responsive to and consistent with the following:

(a) Requirements of the RFP and Specifications contained therein;

(b) Federal laws, regulations and standards pertaining to the specifications;

(c) Instructions to offerors in Section L;

(d) Evaluation factors for award in Section M.

(b) Specific Requirements

1. Volume I – Past and Present Performance.

(a) Contractors' past and present performance will be obtained from the Construction Contractor Appraisal Support System (CCASS), which includes performance information for DoD construction contracts in excess of $500,000, in addition to other sources. Performance data from all military service is maintained in this system. Only government employees can access the system. In addition to whatever past/present performance data for a contractor is found in CCASS, the Government will consider contractors’ past and present performance of other relevant contracts they have recently performed. The Government may seek additional past and present performance data from other automated and non-automated sources as well. Therefore, contractors must provide the information identified in paragraphs (b) through (i) below for any contracts that they desire the Government to recognize in the evaluation of past and present performance. In addition to the prime contractors performancer information, past and present performance information will also be sought on subcontractors, teaming partners, joint ventures and other companies that are part of the proposal.

(b) Provide data as specified in paragraph “f” below. This requirement also applies to all proposed first tier subcontractors, teaming partners, and joint ventures.

(c) Past and present performance, for the purpose of satisfying the above requirement, means quality of work, essentially comparable to this acquisition. Current contracts or subcontracts completed within the past three (3) years will be considered RECENT. RELEVANT contracts are contracts of similar size and complexity and have a logical connection with the work being acquired, whether or not it was government work or commercial work. If your firm has provided relevant and recent past/present performance documentation to Malmstrom AFB MT in response to other solicitations within the last six (6) months, a letter referencing the RFP number(s) and title(s) can be provided in lieu of providing Volume I. Identify the corporate division that performed the contract/subcontract, if applicable.

(d) In describing contractual effort and the contractors’ performance, include specific details of technical performance (actual performance versus required performance), actual quality or reliability versus specified levels; security deviations, violations, compromises; performance incentives and award fee earned versus total award fee pool, etc.); management performance in meeting program schedules and milestones; and cost performance (under or overruns, cost incentives earned or lost, etc.). The discussion should include "lessons learned" or a description of any corrective action taken to prevent recurrence of past performance listed and considered substandard, and a narration or recitation of how the past performance may benefit this program. If the contractor is a large business for the purposes of this solicitation then a description of the extent to which it met, or failed to meet, small business, small disadvantaged business, women-owned business and HUBZone small business-subcontracting goals must be included.

(e) The Past and Present Performance Volume may be provided to the government or commercial points of contact for verification. Past and present performance information on recent contracts not listed by the contractors, or that of previous or planned subcontractors, may also be solicited directly from the ACO or other authoritative government or commercial sources. Verification of past and present performance information may also be handled telephonically. The Past and Present Performance Volume shall include a list of all customers to whom Past and Present Performance Customer Surveys were provided, including current point of contact and phone number.

(f) Provide a comprehensive list of all recent and relevant contracts as defined above in paragraph c, over the past three- (3) years. If you believe a classified project is significant for this proposal, then simply state "Classified" where appropriate and provide points of contract. Include the following:

1. Contract Number

2. Total dollar value (original and Final)

3. Contracting Agency

4. Title of Contract

5. Government program manager (name, address, phone…