FA4659-08-R0012 Solicitation.pdf

F2A3E18170A001

1. Offeror must be registered in the Central Contracting Registration (CCR) database. Aw ard cannot be made to a contractor not registered in the CCR database.

2. This acquisition is a 100% Small Business Set Aside.

3. Period of Performance is 60 days w ith w inter exclusion.

4. There is a no w ork period from 1 Nov 08 - 15 Apr 09.

5. The Magnitude of this project is betw een $100,000 and $250,000.

6. Please pay particular attention to FAR 52.223-4 and FAR 52.223-9.

7. This project is subject to the Bona Fide Need Rule. Please see Section H, par H-7 for details.

NOT TO OFFERORS: WHILE FUNDS ARE NOT PRESENTLY AVAILABLE WITHIN AIR MOBILITY COMMAND TO FUND THIS PROJECT, WE

ANTICIPATE FUNDS WILL BECOME AVAILABLE BY 16 NOV 08. IF CURRENT FISCAL YEAR (FY08) FUNDS BECOME AVAILABLE, CONTACT

AWARD WILL BE MADE NO LATER THAN 30 SEP 08. IF FY 08 FUNDS ARE NOT AVAILABLE, PROJECT WILL BE FUNDED WITH FY09 FUNDS.

WE EXPECT TO HAVE FY09 FUNDS BY 16 NOV 08. SOLICITATION MAY BE CANCELLED AND ALL OFFERS REJECTED BEFORE AWARD

BUT AFTER SOLICITATION CLOSING DATE WHEN CANCELLATION IS CLEARLY IN THE GOVERNMENT'S BEST INTEREST.

Quote must be valid until 16 Nov 08.

MATT SANDERS 701-747-5292

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

25-Jul-2008

(RFP)

(IFB)

X

CALL:

Install, Repair Valves/Hydrant - Water Tow er 123

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________60 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________25 Aug 2008 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______125 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

319 CONTRACTING SQUADRON

575 TUSKEGEE AIRMEN BLVD

GRAND FORKS AFB ND 58205 6436

FA4659

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

04:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

JFSD 200800

8. ADDRESS OFFER TO (If Other Than Item 7)

(701) 747-4215FAX:TEL: (701) 747-6596 TEL: FAX:

FA4659-08-R-0012 53

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

FA4659-08-R-0012

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum Install Valves/Hydrant-Water Tower 123

FFP

The contractor is to furnish all plant, labor, materials, equipment, supplies, and supervision necessary for JFSD200800 repair, install valves/hydrant-water tower

FOB: Destination

MILSTRIP: F2A3E18170A001

PURCHASE REQUEST NUMBER: F2A3E18170A001

SIGNAL CODE: A

NET AMT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 60 Days after Notice to

Proceed

1 319 CES/CEC - F2A3E1

575 TUSKEGEE AIRMEN BLVD, BLDG

410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4783

FOB: Destination

F2A3E1

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

5352.232-9000 REMITTANCE ADDRESS (MAY 1996)

If the remittance address is different from the mailing address, enter the remittance address below. Failure to provide this information may impact payment.

Section H - Special Contract Requirements

SECTION H

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H-1. REQUIRED INSURANCE

(IAW FAR 28.306(b))

Reference FAR clause entitled “Insurance....” the contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

a. Workmen’s Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen’s compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $25,000 per occurrences for property damage shall be required.

H-2. FEDERAL HOLIDAYS

The following Federal Legal holidays are observed by this base:

New Year's Day 1 January

Martin Luther King's Birthday Third Monday in January

Presidents Days Third Monday in February

Memorial Day Last Monday in May

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11 November

Thanksgiving Day Fourth Thursday in November

Christmas Day 25 December

H-3. PERFORMANCE AND BID REQUIREMENTS

(IAW FAR 28.101-2(b) and 28.102-2)

a. A bid guarantee is not required with the proposal. However, when notified by the contracting officer, the successful offeror shall submit a bid guarantee in the form of a firm commitment, e.g., bid bond (Standard Form 24) supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return any bid guarantee, other than bid bond, to the successful offeror upon execution of contractual documents and bond (including any necessary coinsurance or reinsurance agreements) as required by the bid as accepted.

b. The amount of the bid guarantee shall be 20% of the bid price or $3 million whichever is less.

c. If the successful bidder (offeror), upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder (offeror), the contracting officer may terminate the contract for default.

d. In the event the contract is terminated for default, the offeror is liable for any cost of acquiring the work that exceeds the amount of its offer and the bid guarantee is available to offset the difference.

e. Performance and Payment Bonds. In accordance with the Miller Act (40 U.S.C. 2701-

270f), the bidder to whom award is made shall, within twenty (20) calendar days after the date of award, furnish a performance bond (Standard Form 25) and a Payment Bond (Standard Form

25a), each with good and sufficient surety or sureties acceptable to the Government.

(1) Performance Bond: The penal sum of the performance bond shall equal one hundred percent

(100%) of the contract price.

(2) Payment Bond:

(i) The penal sum shall be one hundred percent (100%) of the contract price.

(ii) If the contract price increases, and additional amount equal to 100 percent of the increase.

f. The contractor will not be issued a Notice to Proceed or be allowed to start work prior to furnishing the requested bond, including any necessary insurance agreements.

H-4. PREPARATION OF PROGRESS SCHEDULE AND REPORTS

The reports contemplated by the clause titled, "Schedules for Construction Contract" shall be accomplished on and in accordance with instructions pertaining to the Contract Progress Schedule and the Contract Progress Report.

H-5. PREPARATION OF MATERIAL APPROVAL SUBMITTALS

The submittals contemplated by the clause herein entitled "Material and Workmanship" shall be accomplished on and in accordance with instruction pertaining to AF Form 3000, Material Approval Submittal.

H-6. CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUGUST 2007)

AFFARS 5352.242-9000

(a) The contractor shall obtain base identification and vehicle passes, if required, 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, and a completed DD 1175 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)

H-7. BONA FIDE NEED

This contract is subject to the bona fide need rule pursuant to 31 U.S.C. Section 1502(a). As such, the contractor must perform work or expend effort that is specified in the contract and for which payment will be made under the terms of the contract. Planning, scheduling, obtaining of bonds, and other efforts is not considered evidence of performance. Ordering of materials cannot qualify if it is beyond moving of supplies or material, which are already in inventory. To be considered, materials specifically for use on the contract, the contractor must have actually incurred an obligation or made a payment to a supplier. Mobilization and on-site progress are evidence of performance for the bona fide need purposes.

H-8. GFAFB Clause Nbr 5352-1000, Contractor Security Agreement

CONTRACTOR SECURITY AGREEMENT (May 2004)

(a) The contractor shall be required to sign a Visitor Group Security Agreement within the time specified in the contract, or otherwise specified by the Contracting Officer, but in any event, before starting work on site. A separate agreement is required to be executed by each subcontractor at any tier. Typical agreement in full text is included here:

VISITOR GROUP SECURITY AGREEMENT

1. Contractual Agreement: This agreement, promulgated by Air Force Instruction 31-601, Industrial Security

Program Management, Para 1.6.1.2, is entered into by the Installation Commander, Grand Forks Air Force Base, and (Company name) (hereafter referred to as visitor group). This agreement prescribes the specific actions to be taken by the visitor group’s employees and the Department of the Air Force (DAF) involved in the on-base contract performance at the visitor group’s, on-base operating location, Grand Forks AFB. Responsibilities are delineated as follows:

NOTE: As used in this agreement, the terminology visitor group, contractor, company, and home office facility (HOF) are synonymous. Furthermore, the verbiage Air Force (AF) activity, unit, program/ project manager, Servicing

Security Activity (SSA), etc., refers to entities representing the DAF in their appropriate and respective capacity.

a. Visitor Group Security Supervision. Under the terms of this agreement, the visitor group will operate per Air

Force Instruction 31-601, Industrial Security Program Management and supplements thereto, as well as applicable unit security program operating instructions (OIs), plans and/or procedures of GFAFB. The installation SSA is 319

SFS and is responsible for providing security program oversight. The AF activity is the 319 ARW organization that is sponsoring the contract.

(1) The visitor group’s home office facility (HOF) will identify (in writing) to the SSA and the AF activity, an on-base employee to interface with and serve as the visitor group’s focal point for security related matters. Under the terms of this agreement, the identified employee per this paragraph will provide appropriate security program management assistance to the SSA and AF activity.

(2) All parties, the AF activity, contracting office (sponsor), visitor group, and SSA will perform duties specified by this agreement in a timely manner.

b. Standard Practice Procedures (SPP): Compliance with this agreement eliminates standard practice procedures publication requirement. The visitor group will use and comply with the AF activity’s unit security program operating instructions OIs, procedures, and/or requirements, per this agreement, and other applicable DOD or AF directives. This provision of the agreement is not intended, nor does it interfere with the visitor group’s internal management policies, procedures, or requirements unless stated otherwise.

c. Personnel Security Screening. Visitor group employees will be subject to security screening and a background investigation. The AF activity serves as sponsor for all visits by visitor group representatives.

(1) The visitor group’s HOF will identify on-base employees/representatives to the AF activity and the SSA in writing. Contractors will make a good faith effort to confirm identity and citizenship/legal immigration status of employees. This submission will serve as an Entry Authority List (EAL, see attachment 1 for format) for visitor group employees. The EAL will be forwarded to and be retained by the SSA. The EAL will contain: full name, SSN or INS-A number, contract number, citizenship or immigrant status verification, and driving privilege status. The EAL provided to the SSA will be verified/authenticated with original signature by the company’s site superintendent or security representative.

(2) Changes in visitor group employees will require amendments to the EAL. Deletions can be annotated on the EAL on file with the SSA. Additions will require a new EAL with original signature.

(3) The Air Force industrial security program mgr/SSA will conduct an individual background investigation of contractor employees. Visitor group employees will complete an individual questionnaire, provide finger prints, and complete other required actions IAW applicable GFAFB security instructions prior to being issued access authorization.

(4) Unfavorable information will be adjudicated IAW DoD 5200.2 R Appendix I. Employers will be notified of individuals who are not authorized to work on the installation and their associated disqualifying information; these individuals must be escorted off the base immediately. Employees denied access have a right to appeal under some circumstances IAW DoD 5200.2 R. The government may impose a penalty, fine or both on the employer for non-compliance and/or violations to include a ―no entry‖ and ―automatic‖ base debarment process. For all instances of perjury or falsification, penalties are without appeal provision. All delays for personal security clearances will be at the expense of the prime contractor; the contractor will not impose any liability for time lost on the contract to the US government.

d. Acceptable Proof of U.S. Citizenship or Immigrant Status and Identity for EAL. (Verified by

Employer/Contractor)

(1) For individuals born in the United States, a valid birth certificate is the primary and preferred means of citizenship verification. Acceptable certificates must show that the birth record was filed shortly after birth and it must be certified with the registrar’s signature. It must bear the raised, impressed, or multicolored seal of the registrar’s office. The only exception is if a state or other jurisdiction does not issue such seals as a matter of policy. Uncertified copies of birth certificates are not acceptable. A delayed birth certificate is one created when a record was filed more than one year after the date of birth. Such a certificate is acceptable if it shows that the report of birth was supported by acceptable secondary evidence of birth.

Secondary evidence may include: baptismal or circumcision certificates, hospital birth records, or affidavits of persons having personal knowledge about the facts of birth. Other documentary evidence can be early census, school, or family bible records, newspaper files, or insurance papers. All documents submitted as evidence of birth in the US shall be original or certified documents.

(2) If the individual claims citizenship by naturalization, a certificate of naturalization is acceptable proof of citizenship.

(3) If citizenship was acquired by birth abroad to a U.S. citizen parent or parents, the following are acceptable evidence: Certificate of Citizenship issued by the Immigration and Naturalization Service (INS);

or A Report of Birth Abroad of a Citizen of the United States of America (Form FS-240); or A Certificate of Birth (Form FS-545 or DS- 1350). A passport, current or expired, is acceptable proof of citizenship. A

Record of Military Processing-Armed Forces of the United States (DD Form 1966) is acceptable proof of citizenship, provided it reflects U.S. citizenship.

(4) If the individual is an immigrant, a current INS work visa or permanent resident card with valid INS-A number is acceptable proof of legal immigration status.

e. Reports. The visitor group must immediately submit to the SSA, in writing, reports required under any of the situations outlined in AFI 31-601, Para 1.8 reporting requirement guidelines. Contractors shall establish such internal procedures as are necessary to ensure that cleared employees are aware of their responsibilities for reporting pertinent information to the SSA, the Federal Bureau of Investigation (FBI), or other Federal authorities as required by this manual, the terms of a contract, and US law. When the reports are unclassified and contain information pertaining to an individual, the Privacy Act of 1974 (5 U.S.C. 552a) permits withholding of that information from the individual only to the extent that the disclosure of the information would reveal the identity of a source who furnished the information to the US Government under an expressed promise that the identity of the source would be held in confidence. The fact that a report is submitted in confidence must be clearly marked on the report.

(1) Adverse Information. Contractors shall report any adverse information concerning any of their cleared employees. Adverse information is defined as any information that adversely reflects on the integrity or character of a cleared employee, that suggests his/her ability to safeguard sensitive information may be impaired, or that his/her access to the installation may not be in the interest of national security. Reports based on rumor or innuendo should not be made. The subsequent termination of employment does not obviate the requirement to submit this report. The report shall include the name and telephone number of the individual to contact for further information regarding the matter, signature, typed name, and title of the individual submitting the report. If the individual is employed on a federal installation, a copy of the report and its final disposition shall be furnished by the contractor to the commander or head of the installation.

(2) Suspicious Contacts. Contractors shall report efforts by any individual, regardless of nationality, to obtain critical information from an employee. In addition, all contacts by employees with known or suspected intelligence officers from any country or foreign organization, or any contact which suggests the employee concerned may be the target of an attempted exploitation by the intelligence services of another country or foreign organization, shall be reported and forwarded to Air Force Office of Special

Investigation (OSI) for review.

(3) Change in Cleared Employee Status. Contractors shall report (1) the death; (2) a change in name; (3) the termination of employment; and (4) change in citizenship. Such changes shall be reported by submission of a CSA designated form.

(4) Representative of a Foreign Interest. Contractors shall report any cleared employee who becomes a representative of a foreign interest (RFI) or whose status as a RFI is materially changed.

(5) Citizenship by Naturalization. Contractors shall report non-US citizens granted access who becomes a citizen through naturalization. Submission of this report shall be made on a CSA designated form and include the (1) city, county, and state where naturalized; (2) date naturalized; (3) county and (4) certificate number.

(6) Security violations. SSA coordinates and/or reports security violations committed by visitor group employees to the base contracting office, the AF activity, and the visitor’s group HOF, if and when appropriate. The visitor group must keep the AF industrial security manager and SSA advised of any reports submitted per AFI 71-105, Counterintelligence Awareness and Briefing Program.

(a.) The AF activity’s unit commander appoints inquiry or investigation officials. Inquiry or investigation officials coordinate findings and reports with the appointing official and SSA.

(b.) The visitor group’s HOF will advise the SSA of any changes in management, location, address, or contractual performance requirements.

f. Contractor Restricted Area Badges. When required for contract performance, the AF Form 1199CD Series, USAF Restricted Area Badge, will be issued to visitor group personnel for entry into USAF Restricted Areas on

Grand Forks AFB. Entry credentials are issued at the request of the AF activity. Request for badge issuance must be supported by a current EAL.

g. Contractor Local Area Badges. When required for contract performance locally developed installation badges

AF Fm 1199CD will be issued to visitor group personnel for entry into designated areas. Entry credentials are issued at the request of the AF activity.

h. Security Checks. Visitor group personnel will be scheduled to perform end-of-day security checks within their assigned work areas in accordance with AFI 31-101, The Air Force Installation Security Program, or the AF activity’s security program OI.

i. Protection of Government Resources. The visitor group will comply with AFI 31-101, and other security and safety OIs of the AF activity.

j. Clarification of Security Requirements. The visitor group will address inquiries or questions pertaining to the provisions of DOD 5200.2-R, 31-101, and AFI 31-601 to the SSA.

k. Foreign Involvement: Under the terms of this agreement, the visitor group is required to notify the AF activity and contracting office prior to any foreign involvement, regardless of access requirements or the sensitivity of information to be disclosed (classified or unclassified).

l. Review of this Agreement. All parties must review this agreement at least annually for accuracy. The AF activity is responsible for keeping this agreement current. Copies of reports may be made available to the visitor group for their files.

m. Other:

(1) Forms. The AF activity furnishes all government forms and applicable AFIs, OIs, and/or unit security plans required in support of this agreement.

(2) Sub-contracts. A VGSA shall be initiated whenever the HOF or on-base visitor group enters into a sub-contract arrangement with another contractor for Grand

Forks AFB. This VGSA must address the sub-contractor operation separately. It will be the responsibility of the prime contractor to ensure all sub-contactors are meeting the VGSA criteria. The AF activity, visitor group, or its HOF as applicable, and all sub-contractors must sign the agreement.

(3) Notification. Notify the SSA 30 days prior to contract completion or shutdown on

Grand Forks AFB in order to review contractor’s operations to ensure proper procedures per AFI 31-101, AFI 31-601, and this security agreement.

(4) Government Liability. Nothing in this agreement shall be construed to impose any liability on the part of the US government for injury to the agents, employees of the contractor, its sub-contractors, assignees, or other individuals acting for, or on, behalf of the contractor to the property of the same, nor shall anything in this agreement be construed to modify the provisions of existing contracts.

(5) Expenditure of Funds for Security. This agreement is not an authorization for a commitment of funds. Nothing in this agreement shall be construed to impose any liability on the part of the US government for injury to the agents, employees of the visitor group, its sub-contractors, assignees, or other individuals acting for, or on, behalf of the visitor group to the property of the same, nor shall anything in this agreement be construed to modify the provisions of existing contracts.

Chief, Security Forces Visitor Group - Executive Manager

Date: ___________________________ Date: __________________________

(b) To carry out this agreement and validate acceptability of personnel intended to be authorized access to the Air

Force installation, the contractor and each subcontractor at any tier, shall interview each employee. The interview will be documented on an interview form and signed by interviewee and the interviewer/reviewing official. The interview form can be obtained from the installation security agency or the contracting officer.

(c) Any proposed employee found to be unacceptable for entry onto Grand Forks AFB may be denied access to the installation. Entry access may be denied if security screening or background checks reveal any of the following:

(1) U.S. citizenship, immigration status, or Social Security Account Number cannot be verified.

(2) Barred from entry/access to any military installation or facility.

(3) Wanted by federal or civil law enforcement authorities, regardless of offense or violation.

(4) Conviction of firearms or explosives violation within the past three years.

(5) Incarcerated for 12 months or longer within the past three years, regardless of offense or violation.

(6) Conviction of espionage, sabotage, treason or terrorism, murder, sexual assault, armed assault/robbery, rape, child molestation, drug possession with intent to sell, or drug distribution.

(7) Name appears on any federal agency’s ―watch list‖ or ―hit list‖ for criminal behavior or terrorist activity.

(d) If any of the 7 factors identified in paragraph (c)are identified on a security or background check for an individual already under employment, that employee may be escorted off the installation immediately.

(e) Contractor may request exceptions to entry access by an individual through the contracting officer for any of the disqualifying factors identified in paragraph (c) on a case be case basis, and the installation commander must approve all exceptions before entry will be granted.

(f) In accordance with the termination clauses in this contract, the government may terminate this contract in whole or in part if the Contractor fails to comply with any provisions of this clause or executed visitor group security agreement.

(End of Clause)

Section I - Contract Clauses

52.202-1 Definitions JUL 2004

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees APR 1984

52.203-7 Anti-Kickback Procedures JUL 1995

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

SEP 2006

52.215-2 Audit and Records--Negotiation JUN 1999

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.219-6 Notice Of Total Small Business Set-Aside JUN 2003

52.219-8 Utilization of Small Business Concerns MAY 2004

52.219-14 Limitations On Subcontracting DEC 1996

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

JUL 2005

52.222-6 Davis Bacon Act JUL 2005

52.222-7 Withholding of Funds FEB 1988

52.222-8 Payrolls and Basic Records FEB 1988

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.222-11 Subcontracts (Labor Standards) JUL 2005

52.222-12 Contract Termination-Debarment FEB 1988

52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility FEB 1988

52.222-21 Prohibition Of Segregated Facilities FEB 1999

52.222-26 Equal Opportunity MAR 2007

52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998

52.222-37 Employment Reports On Special Disabled Veterans, Veterans

Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-50 Combating Trafficking in Persons AUG 2007

52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003

52.223-6 Drug-Free Workplace MAY 2001

52.223-14 Toxic Chemical Release Reporting AUG 2003

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.225-10 Notice of Buy American Act Requirement--Construction

Materials

MAY 2002

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.228-1 Bid Guarantee SEP 1996

52.228-2 Additional Bond Security OCT 1997

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-11 Pledges Of Assets FEB 1992

52.228-14 Irrevocable Letter of Credit DEC 1999

52.229-3 Federal, State And Local Taxes APR 2003

52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002

52.232-23 Assignment Of Claims JAN 1986

52.232-25 Prompt Payment OCT 2003

52.232-27 Prompt Payment for Construction Contracts SEP 2005

52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-26 Preconstruction Conference FEB 1995

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.243-4 Changes JUN 2007

52.244-5 Competition In Subcontracting DEC 1996

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering-Construction SEP 2006

52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (May 2004) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2004

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.225-7012 Preference For Certain Domestic Commodities MAR 2008

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

252.232-7010 Levies on Contract Payments DEC 2006

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment MAR 1998

252.247-7023 Transportation of Supplies by Sea MAY 2002

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

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 60 days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

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 $256.57 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.

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety

Data Sheet submitted under this contract.

Material Identification No.

(If none, insert "None")

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety

Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with

Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items.

Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008)

As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

(End of provision)

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 Shane Lind, 575 Tuskegee Airmen Blvd., Bldg 418, Grand Forks AFB, ND 58205-6436.

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

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

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

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

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

Domestic construction material means--

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

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

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

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

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

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 25 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting

Officer determines that the reduction would be to the advantage of the Government.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the…