RFP 09-R0006.doc

Section B - Supplies or Services and Prices

Rpr Electric Lines Flight Line North

FFP

Provide labor materials and tools required to repair electric lines in the flight line north area as described in the plans and specifications JFSD 970345 Repair Flight Line North (R/M)

FOB: Destination

MILSTRIP: F2A3E19061A001

PURCHASE REQUEST NUMBER: F2A3E19061A001

SIGNAL CODE: A

NET AMT

Security Delays

FFP

FOB: Destination

MILSTRIP: F2A3E19061A002

PURCHASE REQUEST NUMBER: F2A3E19061A002

SIGNAL CODE: A

NET AMT

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

GLORIA DARBY

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4783

FOB: Destination F2A3E1

FOB: Destination F2A3E1

CLAUSES INCORPORATED BY REFERENCE

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.

WAWF

WIDE AREA WORKFLOW – RECEIPT AND ACCEPTANCE (WAWF-RA)

ELECTRONIC RECEIVING REPORT AND INVOICING INSTRUCTIONS

IN ACCORDANCE WITH DFARS 232.7002, USE OF ELECTRONIC PAYMENT REQUESTS IS MANDATORY. USE OF WAWF WILL SPEED UP YOUR PAYMENT PROCESSING TIME AND ALLOW YOU TO MONITOR YOUR PAYMENT STATUS ONLINE. THERE ARE NO CHARGES OR FEES TO USE WAWF.

Requests for payments must be submitted electronically via the Internet through the Wide Area WorkFlow – Receipt and Acceptance (WAWF-RA) system at https://wawf.eb.mil.

Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Limestone through the DFAS Centralized Customer Service number (800) 756-4571 (select option 2) or faxed to (866) 392-7091. Please have your order number and invoice number ready when contacting DFAS about payment status. You can also access payment information using the DFAS Vendor Pay Inquiry System (VPIS) web site at http://www.dfas.mil/money/vendor.

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR RECEIVING REPORTS, INVOICES AND ADDITIONAL E-MAILS CORRECTLY THROUGH WAWF.

DELIVERY ORDER NUMBER:

SEND MORE E-MAIL NOTIFICATIONS:

BPN ver 02.04.2005

Section H - Special Contract Requirements

SECTION H

SECTION H

SPECIAL CONTRACT REQUIREMENTS

Local Information

REQUIRED INSURANCE

(IAW FAR 28.306(b))

Reference FAR clause 52.228-5 Insurance- Work on a Government Installation 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.

c. 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.

INSURANCE CERTIFICATE

The contractor agrees to execute an insurance certificate with the Contracting Officer in accordance with Section H, Required Insurance. This certificate shall be executed on the form entitled Certification of Compliance with Contract Insurance Requirements.

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

12 November

Thanksgiving Day

Fourth Thursday in November

Christmas Day

25 December

PERFORMANCE AND BID REQUIREMENTS

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

(Applicable only if the bid/contract price exceeds $100,000.00)

a. An offer guarantee is not required with the proposal. However, when notified by the contracting officer, the successful offeror shall submit a offer 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 offer bid as accepted.

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

c. If the successful bidder (offeror), upon acceptance of its offer 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 offeror 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.

PREPARATION OF PROGRESS SCHEDULE AND REPORTS

The reports contemplated by FAR 52.236-15, Schedules for Construction Contract shall be accomplished on and in accordance with instructions pertaining to Contract Progress Schedule, and Contract Progress Report. The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

PERFORMANCE EVALUATIONS

At the conclusion of this contract, the Contracting Office will complete an electronic contractor performance evaluation in the Construction Contract Appraisal Support Systems (CCASS). The evaluation will take into account all aspects of the contractor’s performance. Contractors will be required to provide their comments and response via CCASS on line and require a Public Key Infrastructure (PKI) certificate to access the CCASS system. The performance evaluations will have an impact on the award of future contracts.

HAZARDOUS MATERIAL IDENTIFICATION

AND MATERIAL SAFETY DATA

The contractor agrees to submit a Material Saftey Data Sheet (MSDS) as described in FAR 52.223-3, for all hazardous materials brought onto the installation for any purpose which might result in exposure for personnel. This includes materials used solely by the contractor for its own benefit, storage of materials which are later removed from the installation without being used, and all other outlined in FAR 23.302. For all such hazardous materials the MSDS should be submitted to the Contract Administrator at least 24 hours prior to bringing the materials onto Grand Forks AFB or its property. This requirement is in addition to any other requirements for MSDS submittals (e.g., as part of a material submittal)

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 .

Material submittal requiements are normally established in the specifications but may be found in other contract documents.

SPECIAL NOTICE TO SMALL BUSINESSES

In accordance with Federal Acquisition Regulation 52.216-7, the government will entertain payment more than once every 30 days if requested (Small Business concerns only) for successful work progress. This decision will be on a case by case basis.

CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUGUST 2007)(IAW 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 form DD 1172 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 [insert any additional requirements to comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management,] citing the appropriate paragraphs 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)

GFAFB Clause Nbr 5352.204-1000, 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

CLAUSES INCORPORATED BY REFERENCE

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

The Contractor shall be required to (a) commence work under this contract 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 230 days. The time stated for completion shall include final cleanup of the premises.

(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 $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.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUNE 2007)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988) (DEVIATION 2009-O0001)

(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b) (2) (B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (d) of the clause entitled Davis-Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(b)(1) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g, the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 029-005-00014-1) is available for this purpose from the Wage and Hour Division Web site at http//www.dol.gov/esa/whd/forms/wh347inst.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon requires to the Contracting Officer, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the Contracting Officer.

(2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify--

(i) That the payroll for the payroll period contains the information required to be maintained under paragraph (a) of this clause and that such information is correct and complete;

(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part 3; and

(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph (b)(2) of this clause.

(4) The falsification of any of the certifications in this clause may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.

(c) The Contractor or subcontractor shall make the records required under paragraph (a) of this clause available for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit required records or to make them available, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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)

CLAUSES INCORPORATED BY FULL TEXT

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

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

Postconsumer…