Solicitation.doc

Section B - Supplies or Services and Prices

Each

Elect Grounds BASE YEAR

FFP

Work consists of providing all labor, equipment, transportation, materials, quality control, and supervision necessary to install and repair LF grounding at identified Launch Facilities in the 341st Missile Field for Malmstrom AFB in accordance with the specifications and drawings.

FOB: Destination

NSN: Z299-LF-Ele-Grnd

PURCHASE REQUEST NUMBER: F2W3D30005A003

SIGNAL CODE: A

NET AMT

Each

FFP

Work consists of providing all labor, equipment, transportation, materials, quality control, and supervision necessary to install and repair LF grounding at identified Launch Facilities in the 341st Missile Field for Malmstrom AFB in accordance with the specifications and drawings.

FOB: Destination

NSN: Z299-LF-Ele-Grnd

NET AMT

Each

FFP

Work consists of providing all labor, equipment, transportation, materials, quality control, and supervision necessary to install and repair LF grounding at identified Launch Facilities in the 341st Missile Field for Malmstrom AFB in accordance with the specifications and drawings.

FOB: Destination

NSN: Z299-LF-ELE-GRND

NET AMT

Each

FFP

Work consists of providing all labor, equipment, transportation, materials, quality control, and supervision necessary to install and repair LF grounding at identified Launch Facilities in the 341st Missile Field for Malmstrom AFB in accordance with the specifications and drawings.

FOB: Destination

NSN: Z299-LF-ELE-GRND

NET AMT

Each

FFP

Work consists of providing all labor, equipment, transportation, materials, quality control, and supervision necessary to install and repair LF grounding at identified Launch Facilities in the 341st Missile Field for Malmstrom AFB in accordance with the specifications and drawings.

FOB: Destination

NSN: Z299-LF-ELE-GRND

NET AMT

SECTION B CONTINUATION SHEET

PROPOSAL SCHEDULE

Repair LF Grounding / NZAS 00-2003B

BASE YEAR

ITEM

0001 AA. Excavation and Grounding Block Preparation. Includes all work to complete excavation for new ground conductor and preparing the foundation for the cast-in-place concrete block at each Launch Facility. Includes epoxying the existing ground receptacle full to render it useless and cutting the cable that led to that grounding receptacle. Also includes backfill/compaction of trench and hauling in a crushed aggregate for the final 6 inches of backfill and wasting excess material by grading it onto site. Excavation and Grounding Block Preparation shall be paid as an Each (EA).

The total quantity for this item in this contract is not to exceed 50.

UNIT

EST EXTENDED

PRICE

EST QTY

Excavation and

Each

Grounding block

Preparation

0001 AB. Grounding Block Fabrication. Includes all work to fabricate the cast-in-place (with pre-mixed bags) concrete blocks, set the grounding receptacle and brazed connection to steel rod into the block, drill and epoxy reinforcing steel from block to existing concrete slab at each Launch Facility. This item also includes cleaning and preparation of the existing concrete slab surface to ensure new cast-in-place block forms fits plumb. Grounding Block Fabrication shall be paid as an Each (EA).

EST QTY

PRICE

Grounding Block Each

Preparation

0001 AC. Conductor Installation. Includes all work to install ½” diameter conductor between new grounding receptacle and tie-in point as shown on the drawings at each launch facility, including brazing and thermite welding/hydraulic crimping/splice kits. Includes performing vibro-ground test before backfilling trench and splice locations. Conductor installation shall be paid by the Each (EA).

The total quantity for conductor installation for this contract is not to exceed 50.

EST QTY

PRICE

Conductor

Each

Installation

0001 AD. Mobilization. Mobilization shall consist of preparatory work incurred before beginning the actual construction on the project site. There will be only one mobilization paid per site. Mobilization shall be paid by the Each (EA).

The total mobilization quantity for this contract is not to exceed 50.

EST QTY

Mobilization

0001 AE. Government Delays. Government Delays shall be measured per crew-hour; should the Contracting Officer determine that the Contractor incurred a work stoppage or could not begin work as scheduled, and that the stoppage or delay was caused by the Government. The Contractor will be paid for delays which result in verifiable lost progress at the hourly rate, but charged in ¼ hour increments, which shall include crew labor and equipment time lost during normal work hours (0745 to 1615) and shall not include evenings, Saturdays, Sundays or Federal Holidays. Government Delays shall be paid by Crew-Hour (Cr-Hr).

The total government delays for this contract not to exceed 50 Crew-Hours.

EST QTY

PRICE

Government Crew Hour

Delays

0001 AF. Additional Trenching thru Soil. Includes all work to excavate additional distance and install additional ½” diameter conductor to the grounding loop near fence line, bond it via weld or clamp, perform new vibro-ground test and backfill trench in the event CLIN 0001AC fails the first vibro-ground test. Additional Trenching thru Soil shall be paid as Lineal Foot (LF).

The total quantity of additional trenching thru soil this contract is not to exceed 1300 lineal foot.

EST QTY

PRICE

Additional Trenching

Lineal Foot __________ thru Soil

0001 AG. Additional Trenching thru Rip Rap. Includes all work to excavate additional distance through rip-rapped sites and install additional ½” diameter conductor to the grounding loop near fence line, bond it via weld or clamp, perform new vibro-ground test and backfill trench in the event CLIN 0001AC fails the first vibro-ground test. Additional Trenching thru Rip Rap shall be paid as Lineal Foot (LF). Cut and replace geotech fabric.

The total quantity of additional trenching thru Rip Rap this contract is not to exceed 650 lineal foot.

EST QTY

PRICE

Additional Trenching

Lineal Foot __________ thru Rip Rap

0001 AH. Bonding. Shall be paid for as a Lump Sum (LS) at the amount per Government contract requirements.

EXTENDED

QUANTITY

Bonding

Lump Sum

TOTAL EST BASE YEAR

OPTION YEAR 1

0002 AA. Excavation and Grounding Block Preparation. Includes all work to complete excavation for new ground conductor and preparing the foundation for the cast-in-place concrete block at each Launch Facility. Includes epoxying the existing ground receptacle full to render it useless and cutting the cable that led to that grounding receptacle. Also includes backfill/compaction of trench and hauling in a crushed aggregate for the final 6 inches of backfill and wasting excess material by grading it onto site. Excavation and Grounding Block Preparation shall be paid as an Each (EA).

EST QTY

0002 AB. Grounding Block Fabrication. Includes all work to fabricate the cast-in-place (with pre-mixed bags) concrete blocks, set the grounding receptacle and brazed connection to steel rod into the block, drill and epoxy reinforcing steel from block to existing concrete slab at each Launch Facility. This item also includes cleaning and preparation of the existing concrete slab surface to ensure new cast-in-place block forms fits plumb. Grounding Block Fabrication shall be paid as an Each (EA).

EST QTY

PRICE

Grounding Block Each

Preparation

0002 AC. Conductor Installation. Includes all work to install ½” diameter conductor between new grounding receptacle and tie-in point as shown on the drawings at each launch facility, including brazing and thermite welding/hydraulic crimping/splice kits. Includes performing vibro-ground test before backfilling trench and splice locations. Conductor installation shall be paid by the Each (EA).

EST QTY

Conductor

Installation

0002 AD. Mobilization. Mobilization shall consist of preparatory work incurred before beginning the actual construction on the project site. There will be only one mobilization paid per site. Mobilization shall be paid by the Each (EA).

0002 AE. Government Delays. Government Delays shall be measured per crew-hour; should the Contracting Officer determine that the Contractor incurred a work stoppage or could not begin work as scheduled, and that the stoppage or delay was caused by the Government. The Contractor will be paid for delays which result in verifiable lost progress at the hourly rate, but charged in ¼ hour increments, which shall include crew labor and equipment time lost during normal work hours (0745 to 1615) and shall not include evenings, Saturdays, Sundays or Federal Holidays. Government Delays shall be paid by Crew-Hour (Cr-Hr).

EST QTY

PRICE

Government Crew Hour

0002 AF. Additional Trenching thru Soil. Includes all work to excavate additional distance and install additional ½” diameter conductor to the grounding loop near fence line, bond it via weld or clamp, perform new vibro-ground test and backfill trench in the event CLIN 0002AC fails the first vibro-ground test. Additional Trenching thru Soil shall be paid as Lineal Foot (LF).

The total quantity of additional trenching thru soil this contract is not to exceed 1300 lineal foot.

EST QTY

PRICE

Additional Trenching

Lineal Foot thru Soil

0002 AG. Additional Trenching thru Rip Rap. Includes all work to excavate additional distance through rip-rapped sites and install additional ½” diameter conductor to the grounding loop near fence line, bond it via weld or clamp, perform new vibro-ground test and backfill trench in the event CLIN 0002AC fails the first vibro-ground test. Additional Trenching thru Rip Rap shall be paid as Lineal Foot (LF).

The total quantity of additional trenching thru Rip Rap this contract is not to exceed 650 lineal foot.

EST QTY

PRICE

Additional Trenching

Lineal Foot

0002 AH. Bonding. Shall be paid for as a Lump Sum (LS) at the amount per Government contract requirements.

TOTAL EST OPTION YEAR 1

OPTION YEAR 2

0003 AA. Excavation and Grounding Block Preparation. Includes all work to complete excavation for new ground conductor and preparing the foundation for the cast-in-place concrete block at each Launch Facility. Includes epoxying the existing ground receptacle full to render it useless and cutting the cable that led to that grounding receptacle. Also includes backfill/compaction of trench and hauling in a crushed aggregate for the final 6 inches of backfill and wasting excess material by grading it onto site. Excavation and Grounding Block Preparation shall be paid as an Each (EA).

EST QTY

0003 AB. Grounding Block Fabrication. Includes all work to fabricate the cast-in-place (with pre-mixed bags) concrete blocks, set the grounding receptacle and brazed connection to steel rod into the block, drill and epoxy reinforcing steel from block to existing concrete slab at each Launch Facility. This item also includes cleaning and preparation of the existing concrete slab surface to ensure new cast-in-place block forms fits plumb. Grounding Block Fabrication shall be paid as an Each (EA).

EST QTY

PRICE

Grounding Block Each

Preparation

0003 AC. Conductor Installation. Includes all work to install ½” diameter conductor between new grounding receptacle and tie-in point as shown on the drawings at each launch facility, including brazing and thermite welding/hydraulic crimping/splice kits. Includes performing vibro-ground test before backfilling trench and splice locations. Conductor installation shall be paid by the Each (EA).

EST QTY

PRICE

Conductor Installation Each __________

0003 AD. Mobilization. Mobilization shall consist of preparatory work incurred before beginning the actual construction on the project site. There will be only one mobilization paid per site. Mobilization shall be paid by the Each (EA).

0003 AE. Government Delays. Government Delays shall be measured per crew-hour; should the Contracting Officer determine that the Contractor incurred a work stoppage or could not begin work as scheduled, and that the stoppage or delay was caused by the Government. The Contractor will be paid for delays which result in verifiable lost progress at the hourly rate, but charged in ¼ hour increments, which shall include crew labor and equipment time lost during normal work hours (0745 to 1615) and shall not include evenings, Saturdays, Sundays or Federal Holidays. Government Delays shall be paid by Crew-Hour (Cr-Hr).

EST QTY

PRICE

Government Crew Hour

0003 AF. Additional Trenching thru Soil. Includes all work to excavate additional distance and install additional ½” diameter conductor to the grounding loop near fence line, bond it via weld or clamp, perform new vibro-ground test and backfill trench in the event CLIN 0003AC fails the first vibro-ground test. Additional Trenching thru Soil shall be paid as Lineal Foot (LF).

The total quantity of additional trenching thru soil this contract is not to exceed 1300 lineal foot.

EST QTY

PRICE

Additional Trenching

Lineal Foot __________ thru Soil

0003 AG. Additional Trenching thru Rip Rap. Includes all work to excavate additional distance through rip-rapped sites and install additional ½” diameter conductor to the grounding loop near fence line, bond it via weld or clamp, perform new vibro-ground test and backfill trench in the event CLIN 0003AC fails the first vibro-ground test. Additional Trenching thru Rip Rap shall be paid as Lineal Foot (LF).

The total quantity of additional trenching thru Rip Rap this contract is not to exceed 650 lineal foot.

EST QTY

PRICE

Additional Trenching Lineal Foot __________

0003 AH. Bonding. Shall be paid for as a Lump Sum (LS) at the amount per Government contract requirements.

TOTAL EST OPTION YEAR 2

OPTION YEAR 3

0004 AA. Excavation and Grounding Block Preparation. Includes all work to complete excavation for new ground conductor and preparing the foundation for the cast-in-place concrete block at each Launch Facility. Includes epoxying the existing ground receptacle full to render it useless and cutting the cable that led to that grounding receptacle. Also includes backfill/compaction of trench and hauling in a crushed aggregate for the final 6 inches of backfill and wasting excess material by grading it onto site. Excavation and Grounding Block Preparation shall be paid as an Each (EA).

EST QTY

0004 AB. Grounding Block Fabrication. Includes all work to fabricate the cast-in-place (with pre-mixed bags) concrete blocks, set the grounding receptacle and brazed connection to steel rod into the block, drill and epoxy reinforcing steel from block to existing concrete slab at each Launch Facility. This item also includes cleaning and preparation of the existing concrete slab surface to ensure new cast-in-place block forms fits plumb. Grounding Block Fabrication shall be paid as an Each (EA).

EST QTY

PRICE

Grounding Block Each

0004 AC. Conductor Installation. Includes all work to install ½” diameter conductor between new grounding receptacle and tie-in point as shown on the drawings at each launch facility, including brazing and thermite welding/hydraulic crimping/splice kits. Includes performing vibro-ground test before backfilling trench and splice locations. Conductor installation shall be paid by the Each (EA).

EST QTY

PRICE

Conductor Installation Each

0004 AD. Mobilization. Mobilization shall consist of preparatory work incurred before beginning the actual construction on the project site. There will be only one mobilization paid per site. Mobilization shall be paid by the Each (EA).

0004 AE. Government Delays. Government Delays shall be measured per crew-hour; should the Contracting Officer determine that the Contractor incurred a work stoppage or could not begin work as scheduled, and that the stoppage or delay was caused by the Government. The Contractor will be paid for delays which result in verifiable lost progress at the hourly rate, but charged in ¼ hour increments, which shall include crew labor and equipment time lost during normal work hours (0745 to 1615) and shall not include evenings, Saturdays, Sundays or Federal Holidays. Government Delays shall be paid by Crew-Hour (Cr-Hr).

EST QTY

PRICE

Government Crew Hour

0004 AF. Additional Trenching thru Soil. Includes all work to excavate additional distance and install additional ½” diameter conductor to the grounding loop near fence line, bond it via weld or clamp, perform new vibro-ground test and backfill trench in the event CLIN 0004AC fails the first vibro-ground test. Additional Trenching thru Soil shall be paid as Lineal Foot (LF).

The total quantity of additional trenching thru soil this contract is not to exceed 1300 lineal foot.

EST QTY

PRICE

Additional Trenching

Lineal Foot thru Soil

0004 AG. Additional Trenching thru Rip Rap. Includes all work to excavate additional distance through rip-rapped sites and install additional ½” diameter conductor to the grounding loop near fence line, bond it via weld or clamp, perform new vibro-ground test and backfill trench in the event CLIN 0004AC fails the first vibro-ground test. Additional Trenching thru Rip Rap shall be paid as Lineal Foot (LF).

The total quantity of additional trenching thru Rip Rap this contract is not to exceed 650 lineal foot.

EST QTY

PRICE

Additional Trenching

Lineal Foot

0004 AH. Bonding. Shall be paid for as a Lump Sum (LS) at the amount per Government contract requirements.

TOTAL EST OPTION YEAR 3

OPTION YEAR 4

0005 AA. Excavation and Grounding Block Preparation. Includes all work to complete excavation for new ground conductor and preparing the foundation for the cast-in-place concrete block at each Launch Facility. Includes epoxying the existing ground receptacle full to render it useless and cutting the cable that led to that grounding receptacle. Also includes backfill/compaction of trench and hauling in a crushed aggregate for the final 6 inches of backfill and wasting excess material by grading it onto site. Excavation and Grounding Block Preparation shall be paid as an Each (EA).

EST QTY

0005 AB. Grounding Block Fabrication. Includes all work to fabricate the cast-in-place (with pre-mixed bags) concrete blocks, set the grounding receptacle and brazed connection to steel rod into the block, drill and epoxy reinforcing steel from block to existing concrete slab at each Launch Facility. This item also includes cleaning and preparation of the existing concrete slab surface to ensure new cast-in-place block forms fits plumb. Grounding Block Fabrication shall be paid as an Each (EA).

EST QTY

PRICE

Grounding Block Each

Preparation

0005 AC. Conductor Installation. Includes all work to install ½” diameter conductor between new grounding receptacle and tie-in point as shown on the drawings at each launch facility, including brazing and thermite welding/hydraulic crimping/splice kits. Includes performing vibro-ground test before backfilling trench and splice locations. Conductor installation shall be paid by the Each (EA).

EST QTY

PRICE

Conductor Installation

Each __________

0005 AD. Mobilization. Mobilization shall consist of preparatory work incurred before beginning the actual construction on the project site. There will be only one mobilization paid per site. Mobilization shall be paid by the Each (EA).

EST QTY

PRICE

Mobilization Each

0005 AE. Government Delays. Government Delays shall be measured per crew-hour; should the Contracting Officer determine that the Contractor incurred a work stoppage or could not begin work as scheduled, and that the stoppage or delay was caused by the Government. The Contractor will be paid for delays which result in verifiable lost progress at the hourly rate, but charged in ¼ hour increments, which shall include crew labor and equipment time lost during normal work hours (0745 to 1615) and shall not include evenings, Saturdays, Sundays or Federal Holidays. Government Delays shall be paid by Crew-Hour (Cr-Hr).

EST QTY

PRICE

Government Crew Hour

0005 AF. Additional Trenching thru Soil. Includes all work to excavate additional distance and install additional ½” diameter conductor to the grounding loop near fence line, bond it via weld or clamp, perform new vibro-ground test and backfill trench in the event CLIN 0005AC fails the first vibro-ground test. Additional Trenching thru Soil shall be paid as Lineal Foot (LF).

The total quantity of additional trenching thru soil this contract is not to exceed 1300 lineal foot.

EST QTY

PRICE

Additional Trenching

Lineal Foot thru Soil

0005 AG. Additional Trenching thru Rip Rap. Includes all work to excavate additional distance through rip-rapped sites and install additional ½” diameter conductor to the grounding loop near fence line, bond it via weld or clamp, perform new vibro-ground test and backfill trench in the event CLIN 0005AC fails the first vibro-ground test. Additional Trenching thru Rip Rap shall be paid as Lineal Foot (LF).

The total quantity of additional trenching thru Rip Rap this contract is not to exceed 650 lineal foot.

EST QTY

PRICE

Additional Trenching

Lineal Foot

0005 AH. Bonding. Shall be paid for as a Lump Sum (LS) at the amount per Government contract requirements.

TOTAL EST OPTION YEAR 4

TOTAL EST PROPOSAL COST (Base plus all Options)

AVERAGE EXTENDED PRICES

Average

Average Total Cost

0001-0005 AA. Excavation and Grounding Block Preparation. ________ x 50 =____________

0001-0005 AB. Grounding Block Fabrication.

________ x 50 =____________

0001-0005 AC. Conduit Installation.

________ x 50 =____________

0001-0005 AD. Mobilization. ________ x 50 =____________

0001-0005 AE. Government Delays. ________ x 50 =____________

0001-0005 AF. Additional Trenching thru Soil. ________ x 1300 =____________

0001-0005 AG. Addtiontion Trenching thru Rip Rap. ________ x 650 =____________

0001-0005 AK. Bonding. ________ x 1 =____________ Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

30-APR-2011

FOB: Destination

30-APR-2012

30-APR-2013

30-APR-2014

30-APR-2015

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 calendar days after the date the Contractor receives the notice to proceed per delivery order issued, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 7 calendar days per site . The time stated for completion shall include final cleanup of the premises. Winter Exclusion period for this contract and issued delivery orders shall be from 1 Nov to 30 April of each year.

(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 $654.73 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

52.216-18 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 1 May 2010 through 30 April 2015.

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

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

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 LF Site, 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 10 LF Sites;

(2) Any order for a combination of items in excess of 10 LF Sites; or

(3) A series of orders from the same ordering office within 365 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 15 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 30 April 2015.

(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 Comprtoller-Contracting Squadron, 7015 Goddard Drive, Bldg 145, Malmstrom AFB, Montana, 59402-6863.

(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

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (FEB 2009)

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

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

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

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

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

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

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

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

Construction material means an article, material, or supply brought to the construction site by the Contractor or 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;

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows:NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

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

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

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

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) \1\

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

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)

52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

(a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C.