Water Valves Solicitation.rtf

file_0.wmf file_1.wmf file_2.wmf file_3.wmf

FA4659-10-R-0036

Section B - Supplies or Services and Prices

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Lump Sum

Replace Water Valves Basewide

FFP

The contractor is to furnish all plant, labor, materials, equipment, supplies, and supervision necessary for JFSD200297 Replace Water Valves Basewide Phase III (S/R).

FOB: Destination

PURCHASE REQUEST NUMBER: F2A3E10083A001

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

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

90 Days After Receipt of Notice to Proceed

319 CES/CEC - F2A3E1

GLORIA DARBY

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

WIDE AREA WORK FLOW

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.

CONTRACT NUMBER:

FA4659-10-C-CXXX

DELIVERY ORDER NUMBER:

NA

TYPE OF DOCUMENT:

Construction Invoice 2 in 1

CAGE CODE:

Vendor Cage Code

ISSUE BY DODAAC:

FA4659

ADMIN DODAAC:

FA4659

INSPECT BY DODAAC:

N/A

SERVICE ACCEPTOR / SHIP TO:

BPN Number - F2A3CC

LOCAL PROCESSING OFFICE:

N/A

PAY OFFICE DODAAC:

F67100 (DFAS)

SEND MORE E-MAIL NOTIFICATIONS:

CONTRACT ADMINISTRATOR:

Nathan.Blackmer@grandforks.af.mil

CONTRACTING OFFICER:

Jeremiah.Snedker@grandforks.af.mil

ADDITIONAL NOTIFICATION:

N/A

ADDITIONAL NOTIFICATION:

N/A BPN ver 02.04.2005

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.

c. Automobile Liability Insurance. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. This policy shall provide for bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $25,000 per occurrences for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H-2. FEDERAL HOLIDAYS

The following Federal Legal holidays are observed by this base:

H-3. PERFORMANCE AND BID REQUIREMENTS (IAW FAR 28.101-2(b) and 28.102-2)

A bid guarantee is required with the proposal. The 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.

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

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.

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.

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.

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

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. 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-7. TRAFFIC ENFORCEMENT OF SEAT BELT USE AND PROHIBITION ON CELLULAR PHONES

Use of a cell phone or other hand-held electronic device without a hands-free capability or a failure to wear restraints by any vehicle occupant will be reason for a “primary stop” on Grand Forks AFB. 319SFS personnel will issue the operator/passenger a DD Form 1408, Armed Forces Traffic Ticket, for these infractions.

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

52.204-7 Central Contractor Registration

APR 2008

52.204-9 Personal Identity Verification of Contractor Personnel

SEP 2007

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

MAR 2009

52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications

OCT 1997

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

JUL 2005

52.219-8 (DEV)

Utilization of Small Business Concerns (DEVIATION)

MAY 2004

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 (Dev) Payrolls and Basic Records (Deviation)

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

FEB 2009

52.222-54 Employment Eligibility Verification

JAN 2009

52.223-3 Hazardous Material Identification And Material Safety Data

JAN 1997

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

52.225-13 Restrictions on Certain Foreign Purchases

JUN 2008

52.226-1 Utilization Of Indian Organizations And Indian-Owned Economic Enterprises

JUN 2000

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

SEP 2009

52.228-12 Prospective Subcontractor Requests for Bonds

OCT 1995

52.228-14 Irrevocable Letter of Credit

DEC 1999

52.228-15 Performance and Payment Bonds--Construction

NOV 2006

52.229-3 Federal, State And Local Taxes

APR 2003

52.232-5 Payments under Fixed-Price Construction Contracts

SEP 2002

52.232-17 Interest

OCT 2008

52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I

APR 1984

52.232-27 Prompt Payment for Construction Contracts

OCT 2008

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

52.244-6 Subcontracts for Commercial Items

APR 2010

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

252.201-7000 Contracting Officer's Representative

DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

JAN 2009

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

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

JAN 2009

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

252.204-7006 Billing Instructions

OCT 2005

252.205-7000 Provision Of Information To Cooperative Agreement Holders

DEC 1991

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

DEC 2008

252.227-7033 Rights in Shop Drawings

APR 1966

252.232-7010 Levies on Contract Payments

DEC 2006

252.236-7000 Modification Proposals-Price Breakdown

DEC 1991

252.236-7005 Airfield Safety Precautions

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

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $390.45 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.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(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. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(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 date specified in the contract for exercising 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 that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause 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 237110 assigned to contract number FA4659-10-C-CXXX.

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

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

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 Jeremiah Snedker, 575 Tuskegee Airmen Blvd, Bldg 418, Grand Forks Air Force Base, North Dakota, 58205-6436.

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

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

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

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

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

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

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

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

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

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

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

Domestic construction material means--

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

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

Include other applicable supporting information.

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by . . . . . . . . . N/A

(b) Weather conditions . . . . . . . . . See Attachment 3 – Climatological Data

(c) Transportation facilities . . . . . . . . . N/A

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://farsite.hill.af.mil https://www.acquisition.gov/Far/

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

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

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when--

(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; or

(4) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System).

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

SEE SECTION J

5352.201-9101 Ombudsman.

As prescribed in 5301-9103, insert the following clause:

OMBUDSMAN (AUG 2005)

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

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

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen, Mr. Michael R. Jackson, HQ AMC/A7K, 507 Symington Drive, Scott AFB IL 62225-5022, (618) 229-0267, fax (618) 256-6668, email: michael.jackson@scott.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067.

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

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

5352.242-9000 Contractor access to Air Force installations.

As prescribed in 5342.490-1, insert a clause substantially the same as the following clause in solicitations and contracts:

CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUG 2007)

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

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and SFS Form 74 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.

Public Key Infrastructure (PKI) Information

A Department Of Defense (DoD) PKI Certificate is required for all DoD employees accessing CPARS, ACASS, and CCASS. Contractors are also encouraged to obtain and use a certificate. Non-DoD Government users may continue to access CPARS, ACASS, and CCASS without a certificate.

To determine if you have a valid DoD PKI Certificate.

<https://infosec.navy.mil/certtest>

Frequently Asked Questions about PKI <http://www.cpars.csd.disa.mil/pkifaqs.htm>

PKI Information:

All DoD employees (military and Civilian), including DoD Contractors that are working on site (military/government facilities) or contractors working offsite using Government Furnished Equipment (GFE) are eligible to obtain certificates from DoD PKI. If the contactor doesn't work on site or with GFE they are encouraged to obtain and use a certificate from an External Certificate Authority (ECA).

External Certificate Authority External Certificate Authorities (ECAs) provide digital certificates to the DoD's private industry partners, contractors using their own equipment or working in non-government facilities, allied partners, and other agencies.

Approved ECA vendors:

http://www.verisign.com/verisign-business-solutions/public-sector-solutions/ ieca-eca-certificates/index.html

* IdenTrust http://www.identrust.com/certificates/eca/index.html

Section J - List of Documents, Exhibits and Other Attachments

SECTION J

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J

2. Waiver Green Procurement Form 1

3. Past Performance Questionnaire 3

4. Technical Specifications Table of Contents 1

5. Schedule of Drawings 1

LIST OF EXTERNAL ATTACHMENTS

1. Technical Specifications 165

2. Drawings 15

3. Climatological data 5

4. Material Submittal Schedule 4

5. Financial Institution Reference Sheet 1

General Decision Number: ND100014 06/04/2010 ND14

Superseded General Decision Number: ND20080014

State: North Dakota

Construction Type: Heavy

Counties: Burleigh, Cass, Grand Forks and Morton Counties in North Dakota.

HEAVY CONSTRUCTION PROJECTS (Excluding Sewer & Water Line Construction & Drainage Projects)

Modification Number Publication Date 0 03/12/2010 1 05/28/2010 2 06/04/2010

* ELEC0714-008 07/01/2009

BURLEIGH AND MORTON COUNTIES:

Rates Fringes

ELECTRICIAN

CABLE SPLICER...............$ 34.46 11.66

ELECTRICIAN.................$ 34.06 11.61

* ELEC1426-011 06/01/2009

CASS AND GRAND FORKS COUNTIES

Rates Fringes

CABLE SPLICER....................$ 26.00 7.46+12%

ELECTRICIAN......................$ 24.76 4%+4.75

SUND2000-006 05/04/2000

Rates Fringes

Laborers:

Common......................$ 9.92 Pipelayers..................$ 12.00

PAINTER

Brush, Roller, & Spray......$ 17.00

Power equipment operators:

Backhoe.....................$ 15.74 4.84 Bobcat......................$ 12.60 4.50 Bulldozer...................$ 14.41 4.50 Crane.......................$ 13.29 3.42 Front End Loader............$ 14.93 Motor Grader................$ 18.10 Scraper.....................$ 16.13 Tractor.....................$ 12.13

TRUCK DRIVER

Dump........................$ 8.50 Tandem/Semi.................$ 15.77

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

WAIVER GREEN PROCUREMENT FORM

(Documentation of Non Purchases)

This form is to be utilized by the contractor to record non-purchases of Green Procurement Products Listed on the EPA’s Web Site www.epa.gov/cpg/products.htm

ITEM:______________________________________________

I have determined that the following Affirmative Procurement Product was considered for purchase but will not be purchased for the following reasons:

Item is not available within a reasonable period of time.

Date Needed: _________________ Date Item would be available: _______________

Item fails to meet a performance standard in the specifications.

Specifically, Item Cost More than the Green Procurement Item.

Price of Green Procurement Item ________________________________________

Price of Non-Green Procurement Item ____________________________________

Contractor Name Contractor Signature Date

QAE/Inspector Name QAE/Inspector Signature Date

Contracting Officer Name Contracting Officer Signature Date

PAST AND PRESENT PERFORMANCE QUESTIONNAIRE

A. GENERAL INFORMATION: Please correct any information below known to be inaccurate:

Contractor’s Name: ____________________ Telephone Number: ____________________ Address: __________________________ Fax Number: _________________________ __________________________ Point of Contact: ______________________

Project Title and Brief Description of Work: _____________________________________*

Contract Number Provided by Offeror: ___________________ Dollar Amount: ________*

Contract Period or Dates of Performance Provided by Offeror: ______________________* Contractor performed as the Prime Contractor Sub-Contractor Key Personnel.

* Note: If offeror holds or has held other contracts with your agency/organization in the last 3 years, please complete separate evaluation forms for those contracts as well.

B. RESPONDENT INFORMATION:

Name of Respondent: _____________________ Title: ____________________________

C. FAX COMPLETED SURVEY FORM TO: A1C Nathan Blackmer 701-747-4215

D. PERFORMANCE INFORMATION: Choose the appropriate letter on the scale (E, G, S, M, U, and N) that most accurately describes the contractor’s performance or situation. PLEASE PROVIDE A NARRATIVE EXPLANATION FOR ANY RATINGS OF M or U.

E G S M U N Exceptional Good Satisfactory Marginal Unsatisfactory Neutral Performance meets contractual requirements with many exceeded to the Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with no more than a few minor problems for which corrective actions taken by the contractor were highly effective.

Performance meets contractual requirements with some exceeded to the Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with no more than some minor problems for which corrective actions taken by the contractor were effective.

Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor were satisfactory.

Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions or the contractor’s proposed actions appear only marginally effective or were not fully implemented.

Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains a serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

Performance was not observed or not applicable to the current effort being reported against.

CONTRACTOR’S NAME: _______________ CONTRACT NUMBER: _______________

Note: Include this information on each page of the questionnaire form to ensure there is no mix up in information among contracts surveyed for respective primes/subs, etc.

Place an “X” in the appropriate column using the definitions matrix above.

The contractor:

E G S M U N 1.

Provided experienced managers and supervisors with the technical and administrative abilities needed to meet contract requirements.

2.

Demonstrated ability to hire, maintain, and replace, if necessary, qualified personnel during the contract period.

3.

Delegated authority to project managers and supervisors commensurate with contract requirements.

4.

Home office participated in solving significant local problems.

5.

Followed approved quality control plan.

6.

Provided effective quality control and/or inspection procedures to meet contract requirements.

7.

Corrected deficiencies in timely manner and pursuant to their quality control procedures.

8.

Provided timely resolution of contract discrepancies.

9.

Identified problems as they occurred.

10.

Suggested alternative approaches to problems.

11.

Displayed initiative to solve problems.

12.

Developed realistic progress schedules.

13.

Met established project schedules.

14.

Provided timely resolution of warranty defects.

15.

Was responsive to contract changes.

16.

Provided adequate project supervision.

17.

Obtained consent of surety for increases in bonding as work-in-progress increased.

18.

Paid subcontractors/suppliers in a timely manner.

19.

Provided accurate and complete line item cost proposals including all aspects of work required for each task.

20.

Cooperated with Government personnel after award.

21.

How would you rate the contractor's overall performance?

22.

Was the contractor ever issued a cure or show cause notice under the referenced contract? If yes, explain outcome in “remarks.”

YES/NO

23.

Would you award another contract to this contractor? If not, explain in “remarks.”

YES/NO

24.

Is the contractor rated in CPARS?

YES/NO

CONTRACTOR’S NAME:…