SOL 11R0014.doc

Section B - Supplies or Services and Prices

Base Yr LF SURF DRAINAGE RPR 2011-2012

FFP

Repair surface drainage at Launch Facilities (LFs) in the Malmstrom AFB missile complex. Work includes grading and shaping of drainage ditches, cleaning culverts, animal barrier reattachment (perimeter fence), removal and disposal of rip rap (on site), installation of concrete splash blocks, mobilization, government delays and bonding. The contractor shall provide all plant, labor, equipment, supervision, services, and materials to execute and satisfy the requirements of this contract. Sites will be identified per Delivery Order. All Sub-CLINs (0001AA thru 0001AH) identified in Section B "Continuation of Schedule" shall apply to this CLIN.

FOB: Destination

NSN: Z126-LF-SUR-FACE

SIGNAL CODE: A

MAX

NET AMT

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FFP

Repair surface drainage at Launch Facilities (LFs) in the Malmstrom AFB missile complex. Work includes grading and shaping of drainage ditches, cleaning culverts, animal barrier reattachment (perimeter fence), removal and disposal of rip rap (on site), installation of concrete splash blocks, mobilization, government delays and bonding. The contractor shall provide all plant, labor, equipment, supervision, services, and materials to execute and satisfy the requirements of this contract. Sites will be identified per Delivery Order. All Sub-CLINs (1001AA thru 1001AH) identified in Section B "Continuation of Schedule" shall apply to this CLIN.

FOB: Destination

MAX

FFP

Repair surface drainage at Launch Facilities (LFs) in the Malmstrom AFB missile complex. Work includes grading and shaping of drainage ditches, cleaning culverts, animal barrier reattachment (perimeter fence), removal and disposal of rip rap (on site), installation of concrete splash blocks, mobilization, government delays and bonding. The contractor shall provide all plant, labor, equipment, supervision, services, and materials to execute and satisfy the requirements of this contract. Sites will be identified per Delivery Order. All Sub-CLINs (2001AA thru 2001AH) identified in Section B "Continuation of Schedule" shall apply to this CLIN.

FOB: Destination

MAX

FFP

Repair surface drainage at Launch Facilities (LFs) in the Malmstrom AFB missile complex. Work includes grading and shaping of drainage ditches, cleaning culverts, animal barrier reattachment (perimeter fence), removal and disposal of rip rap (on site), installation of concrete splash blocks, mobilization, government delays and bonding. The contractor shall provide all plant, labor, equipment, supervision, services, and materials to execute and satisfy the requirements of this contract. Sites will be identified per Delivery Order. All Sub-CLINs (3001AA thru 3001AH) identified in Section B "Continuation of Schedule" shall apply to this CLIN.

FOB: Destination

MAX

This Page intentionally left blank

FFP

Repair surface drainage at Launch Facilities (LFs) in the Malmstrom AFB missile complex. Work includes grading and shaping of drainage ditches, cleaning culverts, animal barrier reattachment (perimeter fence), removal and disposal of rip rap (on site), installation of concrete splash blocks, mobilization, government delays and bonding. The contractor shall provide all plant, labor, equipment, supervision, services, and materials to execute and satisfy the requirements of this contract. Sites will be identified per Delivery Order. All Sub-CLINs (4001AA thru 4001AH) identified in Section B "Continuation of Schedule" shall apply to this CLIN.

FOB: Destination

MAX

SCHEDULE B CONTINUATION

SECTION B CONTINUATION SHEET

TO BE CONSIDERED RESPONSIVE, THE OFFEROR MUST SUBMIT THE ATTACHED PROPOSAL SCHEDULE BREAKDOWN ALONG WITH THEIR OVERALL PROPOSED PRICE.

NOTE: The estimated quantities are for price fair and reasonable determination only. Estimated quantities will vary higher and lower per site. There is no guarantee that the stated estimated quantities will all be used in this contract. Delivery dates are tentative and will be definitized upon receipt of funds.

PROPOSAL SCHEDULE

BASE YEAR:

Cost per site for LF Surface Drainage in FY 2011.

NOTE: Pricing for each CLIN in Schedule B is based upon the work to be completed for a quantity of 1 LF. A quantity of up to 10 may be awarded (subject to change upon availability of funds) for each CLIN at anytime during the contract period for up to 30 days prior to project completion.

ITEM

0001 AA. Animal Barrier Reattachment (Perimeter Fence). Includes all work necessary to reattach any detached animal barriers including installation of steel 9 gauge “hog rings” at a maximum spacing of 18” center to center. Reattachment of the animal barrier shall be paid by the Linear Foot (LF).

UNIT

EST

EXTENDED

PRICE

QUANTITY

PRICE EST

Animal Barrier

Lineal Foot

Reattachment

0001 AB. Remove and Disposal of Rip-Rap (On-Site). Consists of all work to remove and dispose of rip-rap at an on-site location, including geotech fabric as required. Rip-rap will be removed in specific areas in order to facilitate reshaping of drainage ditches and slopes. Areas of rip-rap removal will be indicated by the Plans, Specifications, and Government Inspector. All rip-rap will be disposed of on-site as directed by the Government Inspector. Item will be paid by the Square Yard (SY).

EST EXTENDED

QUANTITY

PRICE EST

Remove and Dispose Square Yard of Rip-Rap

0001 AC. Reshape Ditches (On/Off-Site). Includes all work to return ditches to a minimum 2% positive drainage. Work includes, but is not limited to, grading, shaping, silt & soil removal, rip-rap & rock removal, vegetation removal and grubbing, etc, to restore drainage. Reshaping of ditches shall be paid by the Square Yard (SY).

QUANTITY

PRICE EST

Reshape Ditches Square Yard

0001 AD. Clean Culverts (On-Site). Includes all work necessary to clean debris from corrugated metal pipe culverts. Item shall be paid by the Linear Foot (LF) of pipe cleaned.

QUANTITY

PRICE EST

Clean Culverts Lineal Foot

0001 AE. Government Delays. 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. Shall include crew, labor, and equipment time lost during normal work hours and shall not include evenings, Saturdays, Sundays or Federal Holidays. Shall be paid by the Crew-Hour (Cr-Hr).

QUANTITY

PRICE EST

Government Delays Crew-Hour

0001 AF. Concrete Splash Blocks. Includes all work necessary to excavate and place a four (4) inch thick concrete pad with reinforcement and replace rodent screens on discharge pipes. The concrete splash blocks may be precast and transported to the site at the time of installation. Item shall be paid for Each (EA).

QUANTITY

PRICE EST

Concrete Splash Blocks Each

0001 AG. Mobilization. All costs related to general contract requirements, administration, and overhead shall be merged and included in the contract lump sum costs for "Mobilization". The cost of all insurance, permits, licenses, safety, fees, royalties and taxes and purchasing permits and licenses, utility location, shop drawings and samples, general administration and overhead, movement of equipment, tools, and workmen and other incidental work required for occupying the site and performing the work shall be merged and included in the contract lump sum price for "Mobilization".

QUANTITY

PRICE EST

Mobilization

Each

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

QUANTITY

PRICE EST

Bonding Lump Sum __________

Estimated Total CLINS 0001 AA- 0001 AG (1 site) ____________

A. Estimated Total (10 sites) ____________

B. CLIN 0001 AH Bonding ____________ EST TOTAL A&B (insert in CLIN 0001) ____________

OPTION YEAR ONE (1)

Cost per site for LF Surface Drainage in FY 2012.

NOTE: Pricing for each CLIN in Schedule B is based upon the work to be completed for a quantity of 1LF. A quantity of up to 10 may be awarded (subject to change upon availability of funds) for each CLIN at anytime during the contract period for up to 30 days prior to project completion.

1001 AA. Animal Barrier Reattachment (Perimeter Fence). Includes all work necessary to reattach any detached animal barriers including installation of steel 9 gauge “hog rings” at a maximum spacing of 18” center to center. Reattachment of the animal barrier shall be paid by the Linear Foot (LF).

EST EXTENDED

QUANTITY

1002 AB. Remove and Disposal of Rip-Rap (On-Site). Consists of all work to remove and dispose of rip-rap at an on-site location, including geotech fabric as required. Rip-rap will be removed in specific areas in order to facilitate reshaping of drainage ditches and slopes. Areas of rip-rap removal will be indicated by the Plans, Specifications, and Government Inspector. All rip-rap will be disposed of on-site as directed by the Government Inspector. Item will be paid by the Square Yard (SY).

QUANTITY

PRICE EST

Remove and Dispose Square Yard

1003 AC. Reshape Ditches (On/Off-Site). Includes all work to return ditches to a minimum 2% positive drainage. Work includes, but is not limited to, grading, shaping, silt & soil removal, rip-rap & rock removal, vegetation removal and grubbing, etc, to restore drainage. Reshaping of ditches shall be paid by the Square Yard (SY).

QUANTITY

PRICE EST

Reshape Ditches Square Yard

1004 AD. Clean Culverts (On-Site). Includes all work necessary to clean debris from corrugated metal pipe culverts. Item shall be paid by the Linear Foot (LF) of pipe cleaned.

QUANTITY

PRICE EST

Clean Culvert Lineal Foot __________

1005 AE. Government Delays. 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. Shall include crew, labor, and equipment time lost during normal work hours and shall not include evenings, Saturdays, Sundays or Federal Holidays. Shall be paid by the Crew-Hour (Cr-Hr).

QUANTITY

PRICE EST

Government Delays

Crew-Hour

1006 AF. Concrete Splash Blocks. Includes all work necessary to excavate and place a four (4) inch thick concrete pad with reinforcement and replace rodent screens on discharge pipes. The concrete splash blocks may be precast and transported to the site at the time of installation. Item shall be paid for Each (EA).

QUANTITY

PRICE EST

Concrete Splash Blocks Each

1007 AG. Mobilization. All costs related to general contract requirements, administration, and overhead shall be merged and included in the contract lump sum costs for "Mobilization". The cost of all insurance, permits, licenses, safety, fees, royalties and taxes and purchasing permits and licenses, utility location, shop drawings and samples, general administration and overhead, movement of equipment, tools, and workmen and other incidental work required for occupying the site and performing the work shall be merged and included in the contract lump sum price for "Mobilization".

QUANTITY

PRICE EST

Mobilization

Each

1008 AH. Bonding. Shall be paid for as a Lump Sum (LS) at the amount per Government contract requirements.

QUANTITY

PRICE EST

Bonding Lump Sum

Estimated Total CLINS 1001 AA- 1007 AG (1 site) ____________

A. Estimated Total (10 sites) ____________

B. CLIN 1008 AH Bonding ____________ EST TOTAL A&B (insert in CLIN 1001) ____________

OPTION YEAR TWO (2)

Cost per site for LF Surface Drainage in FY 2013.

NOTE: Pricing for each CLIN in Schedule B is based upon the work to be completed for a quantity of 1LF. A quantity of up to 10 may be awarded (subject to change upon availability of funds) for each CLIN at anytime during the contract period for up to 30 days prior to project completion.

2001 AA. Animal Barrier Reattachment (Perimeter Fence). Includes all work necessary to reattach any detached animal barriers including installation of steel 9 gauge “hog rings” at a maximum spacing of 18” center to center. Reattachment of the animal barrier shall be paid by the Linear Foot (LF).

QUANTITY

2002 AB. Remove and Disposal of Rip-Rap (On-Site). Consists of all work to remove and dispose of rip-rap at an on-site location, including geotech fabric as required. Rip-rap will be removed in specific areas in order to facilitate reshaping of drainage ditches and slopes. Areas of rip-rap removal will be indicated by the Plans, Specifications, and Government Inspector. All rip-rap will be disposed of on-site as directed by the Government Inspector. Item will be paid by the Square Yard (SY).

QUANTITY

PRICE EST

Remove and Dispose

Square Yard

2003 AC. Reshape Ditches (On/Off-Site). Includes all work to return ditches to a minimum 2% positive drainage. Work includes, but is not limited to, grading, shaping, silt & soil removal, rip-rap & rock removal, vegetation removal and grubbing, etc, to restore drainage. Reshaping of ditches shall be paid by the Square Yard (SY).

QUANTITY

PRICE EST

Reshape Ditches

Square Yard

2004 AD. Clean Culverts (On-Site). Includes all work necessary to clean debris from corrugated metal pipe culverts. Item shall be paid by the Linear Foot (LF) of pipe cleaned.

QUANTITY

PRICE EST

Clean Culvert

Lineal Foot __________

2005 AE. Government Delays. 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. Shall include crew, labor, and equipment time lost during normal work hours and shall not include evenings, Saturdays, Sundays or Federal Holidays. Shall be paid by the Crew-Hour (Cr-Hr).

QUANTITY

PRICE EST

Government Delays

Crew-Hour

2006 AF. Concrete Splash Blocks. Includes all work necessary to excavate and place a four (4) inch thick concrete pad with reinforcement and replace rodent screens on discharge pipes. The concrete splash blocks may be precast and transported to the site at the time of installation. Item shall be paid for Each (EA).

QUANTITY

PRICE EST

Concrete Splash Blocks Each

2007 AG. Mobilization. All costs related to general contract requirements, administration, and overhead shall be merged and included in the contract lump sum costs for "Mobilization". The cost of all insurance, permits, licenses, safety, fees, royalties and taxes and purchasing permits and licenses, utility location, shop drawings and samples, general administration and overhead, movement of equipment, tools, and workmen and other incidental work required for occupying the site and performing the work shall be merged and included in the contract lump sum price for "Mobilization".

QUANTITY

PRICE EST

Mobilization

Each

2008 AH. Bonding. Shall be paid for as a Lump Sum (LS) at the amount per Government contract requirements.

QUANTITY

Bonding

Lump Sum

Estimated Total CLINS 2001 AA- 2007 AG (1 site) ____________

A. Estimated Total (10 sites) ____________

B. CLIN 2008 AH Bonding ____________ EST TOTAL A&B (insert in CLIN 2001) ____________

OPTION YEAR THREE (3)

Cost per site for LF Surface Drainage in FY 2014.

NOTE: Pricing for each CLIN in Schedule B is based upon the work to be completed for a quantity of 1LF. A quantity of up to 10 may be awarded (subject to change upon availability of funds) for each CLIN at anytime during the contract period for up to 30 days prior to project completion.

3001 AA. Animal Barrier Reattachment (Perimeter Fence). Includes all work necessary to reattach any detached animal barriers including installation of steel 9 gauge “hog rings” at a maximum spacing of 18” center to center. Reattachment of the animal barrier shall be paid by the Linear Foot (LF).

QUANTITY

3002 AB. Remove and Disposal of Rip-Rap (On-Site). Consists of all work to remove and dispose of rip-rap at an on-site location, including geotech fabric as required. Rip-rap will be removed in specific areas in order to facilitate reshaping of drainage ditches and slopes. Areas of rip-rap removal will be indicated by the Plans, Specifications, and Government Inspector. All rip-rap will be disposed of on-site as directed by the Government Inspector. Item will be paid by the Square Yard (SY).

QUANTITY

PRICE EST

Remove and Dispose Square Yard

3003 AC. Reshape Ditches (On/Off-Site). Includes all work to return ditches to a minimum 2% positive drainage. Work includes, but is not limited to, grading, shaping, silt & soil removal, rip-rap & rock removal, vegetation removal and grubbing, etc, to restore drainage. Reshaping of ditches shall be paid by the Square Yard (SY).

QUANTITY

PRICE EST

Reshape Ditches Square Yard

3004 AD. Clean Culverts (On-Site). Includes all work necessary to clean debris from corrugated metal pipe culverts. Item shall be paid by the Linear Foot (LF) of pipe cleaned.

QUANTITY

PRICE EST

Clean Culvert Lineal Foot

3005 AE. Government Delays. 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. Shall include crew, labor, and equipment time lost during normal work hours and shall not include evenings, Saturdays, Sundays or Federal Holidays. Shall be paid by the Crew-Hour (Cr-Hr).

QUANTITY

PRICE EST

Government Delays

Crew-Hour

3006 AF. Concrete Splash Blocks. Includes all work necessary to excavate and place a four (4) inch thick concrete pad with reinforcement and replace rodent screens on discharge pipes. The concrete splash blocks may be precast and transported to the site at the time of installation. Item shall be paid for Each (EA).

QUANTITY

PRICE EST

Concrete Splash Blocks Each

3007 AG. . Mobilization. All costs related to general contract requirements, administration, and overhead shall be merged and included in the contract lump sum costs for "Mobilization". The cost of all insurance, permits, licenses, safety, fees, royalties and taxes and purchasing permits and licenses, utility location, shop drawings and samples, general administration and overhead, movement of equipment, tools, and workmen and other incidental work required for occupying the site and performing the work shall be merged and included in the contract lump sum price for "Mobilization".

QUANTITY

PRICE EST

Mobilization

Each

3008 AH. Bonding. Shall be paid for as a Lump Sum (LS) at the amount per Government contract requirements.

QUANTITY

Estimated Total CLINS 3001 AA- 3007 AG (1 site) ____________

A. Estimated Total (10 sites) ____________

B. CLIN 3008 AH Bonding ____________ EST TOTAL A&B (insert in CLIN 3001) ____________

OPTION YEAR FOUR (4)

Cost per site for LF Surface Drainage in FY 2015.

NOTE: Pricing for each CLIN in Schedule B is based upon the work to be completed for a quantity of 1LF. A quantity of up to 10 may be awarded (subject to change upon availability of funds) for each CLIN at anytime during the contract period for up to 30 days prior to project completion.

4001 AA. Animal Barrier Reattachment (Perimeter Fence). Includes all work necessary to reattach any detached animal barriers including installation of steel 9 gauge “hog rings” at a maximum spacing of 18” center to center. Reattachment of the animal barrier shall be paid by the Linear Foot (LF).

QUANTITY

4002 AB. Remove and Disposal of Rip-Rap (On-Site). Consists of all work to remove and dispose of rip-rap at an on-site location, including geotech fabric as required. Rip-rap will be removed in specific areas in order to facilitate reshaping of drainage ditches and slopes. Areas of rip-rap removal will be indicated by the Plans, Specifications, and Government Inspector. All rip-rap will be disposed of on-site as directed by the Government Inspector. Item will be paid by the Square Yard (SY).

QUANTITY

PRICE EST

Remove and Dispose Square Yard

4003 AC. Reshape Ditches (On/Off-Site). Includes all work to return ditches to a minimum 2% positive drainage. Work includes, but is not limited to, grading, shaping, silt & soil removal, rip-rap & rock removal, vegetation removal and grubbing, etc, to restore drainage. Reshaping of ditches shall be paid by the Square Yard (SY).

QUANTITY

PRICE EST

Reshape Ditches Square Yard

4004 AD. Clean Culverts (On-Site). Includes all work necessary to clean debris from corrugated metal pipe culverts. Item shall be paid by the Linear Foot (LF) of pipe cleaned.

QUANTITY

Clean Culverts

Lineal Foot __________

4005 AE. Government Delays. 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. Shall include crew, labor, and equipment time lost during normal work hours and shall not include evenings, Saturdays, Sundays or Federal Holidays. Shall be paid by the Crew-Hour (Cr-Hr).

QUANTITY

PRICE EST

Government Delays Crew-Hour

4006 AF. Concrete Splash Blocks. Includes all work necessary to excavate and place a four (4) inch thick concrete pad with reinforcement and replace rodent screens on discharge pipes. The concrete splash blocks may be precast and transported to the site at the time of installation. Item shall be paid for Each (EA).

QUANTITY

PRICE EST

Concrete Splash Blocks Each

4007 AG. Mobilization. All costs related to general contract requirements, administration, and overhead shall be merged and included in the contract lump sum costs for "Mobilization". The cost of all insurance, permits, licenses, safety, fees, royalties and taxes and purchasing permits and licenses, utility location, shop drawings and samples, general administration and overhead, movement of equipment, tools, and workmen and other incidental work required for occupying the site and performing the work shall be merged and included in the contract lump sum price for "Mobilization".

QUANTITY

PRICE EST

Mobilization

Each

4008 AH. Bonding. Shall be paid for as a Lump Sum (LS) at the amount per Government contract requirements.

QUANTITY

Estimated Total CLINS 4001 AA- 4007 AG (1 site) ____________

A. Estimated Total (10 sites) ____________

B. CLIN 4008 AH Bonding ____________ EST TOTAL A&B (insert in CLIN 4001) ____________

EST CONTRACT TOTAL (CLINS 0001 thru 4001) ____________ Section C - Descriptions and Specifications

DESCRIPTIONS AND SPECIFICATION

C-1 SPECIFICATION, STANDARDS AND DRAWINGS IAW FAR 11.201

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 02-2024C, dated March 2011 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:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

30-SEP-2012

KEN MURPHY

39 78TH ST N BLDG 470

MALMSTROM AFB MT 59402

406-731-6865

FOB: Destination F2W3D5

30-SEP-2013

F2W3D5

30-SEP-2014

F2W3D5

30-SEP-2015

F2W3D5

30-SEP-2016

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 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 365 days for the base period and 365 days for each exercised option period. The time stated for completion shall include final cleanup of the premises.

a. A separate Notice to Proceed will be issued for each Delivery Order.

b. Performance period will be 5 days for each Launch Facitity (LF).

c. Payment and performance bonds will be required within 10 days after receipt of each delivery order

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $707.79 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 Base Year and only in Option Years if Option Year is exercised.

(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 Launch Facility , 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 150 Launch Facilities;

(2) Any order for a combination of items in excess of 150 Launch Facilities; 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 30 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 29 Sept 2016.

(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 calendar 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 5 years. .

(End of clause)

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 clause)

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010)

(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 information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(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…