FA466115R0004.doc

Section B - Supplies or Services and Prices

REPAIR HVAC, VEHICLE MAINT BLDG 8015

FFP

All plant, labor, supplies, equipment, materials, supervision and incidentals necessary to provide all work complete and in strict accordance with the specifications, drawings, and terms & conditions of the contract.

FOB: Destination

NET AMT

REPAIR FLIGHTLINE SEC CTRL HVAC BLD 4201

FFP

All plant, labor, supplies, equipment, materials, supervision and incidentals necessary to provide all work complete and in strict accordance with the specifications, drawings, and terms & conditions of the contract.

NET AMT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERIES OR PERFORMANCE

SECTION F: Deliveries or Performance

a. This is a Firm-Fixed Price (FFP) contract for the repair of Vehicle Maintenance Shop HVAC in building 8015 and the repair of Flightline Security Control HVAC in building 4201 on Dyess Air Force Base, Texas

b. Period of Performance for this project will be 240 days inclusive of 20 weather days and 10 military operation days.

The estimated project magnitude shall be between $1,000,000.00 and $5,000,000.00.

Additional Information

This base observes the following Federal legal holidays:

NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday; holidays falling on a Sunday will be observed on the following Monday.

a. All work performed by the contractor is guided by the drawings/plans. It is the contractor’s responsibility to read and understand these requirements. If the contractor does not agree with the specifications and/or the drawings/plans for whatever reason, it is their responsibility to bring this to the attention of the Contracting Officer during discussions. Omissions from the drawings/plans or the misdirection of details of work which are necessary to carry out the intent of the drawings/plans, or which are customarily performed, shall not relieve the contractor from performing such omitted or misdescribed details of the work. They shall be performed as if fully and correctly set forth and described in the drawings/plans.

b. Prior to the contractor starting work on the contract, the contractor shall notify the Contracting Officer 5 working days in advance to allow sufficient time to notify the applicable using organization to prevent delays in performance of work. Notification of customers and using organizations is a joint effort of the contractor and the Government.

Twenty-four hours prior to reporting to the job site, and prior to starting any work on this installation, the contractor shall notify the Contracting Officer or authorized representative. Failure to do so may cause unnecessary delays in performance of the contract, for which the Government will not be held responsible. Some work will require scheduling coordination with customers as much as 10 working days ahead to properly advertise to the public or to avoid mission degradation.

a. Before any work is initiated under the contract, the Contractor shall confer with the Contracting Officer or authorized representatives and agree on a sequence of procedure; means of access to premises; space for storage of materials and equipment; delivery of materials and use of approaches; means of communications; the location of partitions, eating spaces, and restrooms for Contractor’s employees.

b. Delivery of materials and equipment shall be made with a minimum of interference to Government operations and personnel.

d. The work shall, so far as practicable, be done in definite sections or divisions and confined to limited areas which shall be completed before work in other sections or divisions begin in accordance with guidance in specifications.

e. The Contractor shall obtain a welding permit from the base fire chief immediately prior to performing any welding.

f. Prior to beginning any excavation which will be required under this contract, the Contractor shall obtain from the Base Engineering representative an AF Form 103, Work Clearance Request. Five (5) working days are normally required for processing the construction permit between the various activities that must coordinate on the request.

The contractor shall develop and be prepared to implement procedures to evacuate and/or protect people and facilities under its control in the event of severe weather. These procedures will include provisions for securing or repositioning equipment. The contractor shall notify the Contracting Officer of any evacuation procedures. Upon notification by the Contracting Officer of a severe weather warning, the contractor shall take immediate action to tie down, remove, protect, or secure its materials and equipment to the satisfaction of the Air Force inspector providing reasonable assurance that the severe weather will not damage Government property.

The Contractor shall isolate all work sites using barriers, cordon off, or other appropriate measures from mobilization to completion of construction. The Contractor will prepare a site plan indicating the proposed location and dimensions of any area to be fenced and used by the Contractor, the number of trailers to be used, avenues of ingress/egress to the fenced area and details of the fence installation. Any areas which may have to be graveled to prevent the tracking of mud shall also be identified. All barriers or safety/traffic equipment shall be considered part of the coefficient and no remuneration shall be made for installation of said equipment/devices.

A. Outdoor Barricades: The Contractor shall furnish, install, and maintain adequate barricades, warning signs, and warning lights to isolate outdoor construction areas. The Contractor shall identify and barricade all open trenches and excavations at the end of each workday. In the vicinity of traveled ways (pedestrian and vehicular), the Contractor shall use flashing barricades with spacing not to exceed 25 feet. In other areas, the Contractor may use unlit barricades, flagging, rope, fences or other suitable means.

B. Fencing: The Contractor shall install fences to isolate construction sites when instructed by the Contracting Officer per recommendations of the base safety office. Fencing material shall consist of heavy-duty plastic mesh construction barriers or equivalent.

At the end of each day, the contractor shall inspect for and clear all mud, dirt, debris, foreign objects, or spills of any kind from the contractor’s operations (including subcontractors and suppliers) on streets and parking lots used as access to the work or staging areas.

All construction sites shall have signs posted that say, “Construction Area—Authorized Personnel Only”, “Hard-Hat Area—Construction in Progress”, and “Detour” (with an arrow), as applicable.

The Contractor shall, at the time of commencement of work, place on each construction site an identification sign approximately 3 feet x 4 feet. The sign may contain project specific information as well as safety information and a visitor log, but will contain the minimum data below and shall remain on the site until final acceptance of the work. Sign shall be made of metal, with brown background (Dyess Sign Colors) and white vinyl letters that can be easily read.

DYESS AFB REPAIR HVAC BLDG. 8015/4201

NAME OF CONTRACTOR

PROJECT NUMBER

PROJECT TITLE

PROJECT COST

ESTIMATED COMPLETION DATE

A 7th Contracting Squadron/Civil Engineering Project

DELIVERY INFORMATION

30-SEP-2015

DANIEL FRIEBERG

710 3RD STREET

DYESS AFB TX 79607

325-696-5617

F1R310

30-SEP-2015

F1R310

Section G - Contract Administration Data

SECTION G: Contract Administration Data

(a) Following award, the 7th Contracting Squadron will administer this contract. The name, address, telephone number, and fax number of the Contracting Officer are:

Ms. Kimberly B. Welch

7 CONS/LGCA

381 3rd Street

Dyess AFB, TX 79607-1581 Phone: (325) 696-3685 Fax: (325) 696-4084

(b) The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the authority remains solely with the Contracting Officer. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

(c) Contractual problems, of any nature, which might occur during the life of the contract must be handled in accordance with very specific public laws and regulations (e.g. Federal Acquisition Regulation), and must be referred to the Contracting Officer for resolution. Only the Contracting Officer is authorized to formally resolve such problems. Therefore, the contractor is directed to submit all such contractual problems to the immediate attention of the Contracting Officer.

(d) Any request for contract changes/modifications shall be submitted to the Contracting Officer.

(e) All correspondence concerning this contract, such as requests for information, explanation of terms, and contract interpretations, shall be submitted to the Contracting Officer.

(a) The Government will pay all invoices per the provisions of the Prompt Payment Act for Construction Contracts (Reference FAR 52.232-27), withholding only amounts questioned by the Government or arising from claims or held as retainage.

(b) Upon completion of the work and prior to final payment, the contractor shall be required to furnish to the Contracting Officer a Release of Claims as specified by FAR 52.232-5, Payments under Fixed-Price Construction Contracts.

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

SECTION H: SPECIAL CONTRACT REQUIREMENTS

(a) Before commencing work under this contract, the contractor shall certify in writing to the Contracting Officer that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective until 30 days after the insurer or the contractor gives written notice to the Contracting Officer. See FAR 52.228-5 in Section I.

(b) For the purpose of this clause the following minimum limits are provided:

(1) 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.

(2) 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.

(3) 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 $20,000 per occurrence for property damage shall be required.

The contractor shall furnish all executed bonds, and any necessary reinsurance agreements no more than 10 days after receipt of notice to proceed, and before the commencement of any work.

The United States Government will have the right to conduct an investigation, or participate in the contractor’s investigation, of any damage or injury to United States Government property, equipment or personnel.

Within 10 calendar days after Notice To Proceed or as otherwise established by the Contracting Officer, all material and articles requiring approval shall be submitted by the contractor using an AF Form 3000. The contractor will install, catalog and maintain all submittals.

Contractors operating on base shall be responsible for briefing and ensuring their employees adhere to the traffic rules and regulations. The foreman, job supervisor and other personnel providing workman leadership will, when possible, ensure the workers comply with these rules and regulations. Speed limit on base is 30 MPH unless otherwise posted. The speed limit in base housing areas is 20 MPH and the speed limit in parking lots is 5 MPH. The school zone speed limit is 5 MPH. Individuals are to obey all entry procedures. If instructions are given by the Security Forces personnel on the entry points (gates), they will be complied with immediately. Security Forces utilize speed detection devices and citations will be issued to violators. Personnel who park on grass or seeded areas will be cited.

Base Access Requirement

· Per Air Force Instruction 31-113, Installation commanders (or appointed representatives) may deny access and access credentials based on information obtained during identity vetting that indicates the individual may present a threat to the good order, discipline and morale of the installation, including, but not limited to the following:

· There is a reasonable basis to believe the individual has submitted fraudulent information concerning his or her identity.

· There is a reasonable basis to believe the individual will attempt to gain unauthorized access to classified documents, information protected by the Privacy Act, information that is proprietary in nature, or other sensitive or protected information.

· There is a reasonable basis to believe the individual will unlawfully or inappropriately use an access credential outside the workplace.

· There is a reasonable basis to believe, based on an individual's criminal or dishonest history, that issuance of an access credential poses an unacceptable risk to the installation/mission.

· The individual has/had been barred from entry/access to a Federal installation or facility.

· The individual is wanted by Federal or civil law enforcement authorities, regardless of offense or violation.

· The individual has been incarcerated within the past ten years, regardless of offense/violation, unless released on proof of innocence.

· The individual has any conviction for espionage, sabotage, treason, terrorism, or murder.

· The individual’s name appears on any Federal or State agency’s ―watch list or ―hit list for criminal behavior or terrorist activity.

· The individual has been convicted of a firearms or explosive violation within the past ten years.

· The individual has been convicted of sexual assault, armed robbery, rape, child molestation, child pornography, trafficking in humans, drug possession with intent to sell or drug distribution, or is a registered sex offender.

· There is a reasonable basis to believe, based on the individual's material, intentional false statement, deception, or fraud in connection with Federal or contract employment, that issuance of an access credential poses an unacceptable risk to the installation/mission.

· There is a reasonable basis to believe, based on the nature or duration of the individual's alcohol abuse without evidence of substantial rehabilitation, that issuance of an access credential poses an unacceptable risk to the installation/mission.

· There is a reasonable basis to believe, based on the nature or duration of the individual's illegal use of narcotics, drugs, or other controlled substances without evidence of substantial rehabilitation, that issuance of an access credential poses an unacceptable risk to the installation/mission.

· A statutory or regulatory bar prevents the individual's contract employment; or would prevent Federal employment under circumstances that furnish a reasonable basis to believe that issuance of a access credential poses an unacceptable risk to the installation/mission.

· Additionally, Dyess AFB has the following policies regarding traffic safety:

· Seatbelts must be used at all time while vehicles are in motion

· Posted speed limits must not be exceeded.

· Texas Traffic Laws

· Cell phones cannot be in driver's hands while vehicles are in motion, hands free devices may be used while driving

· Dyess AFB personnel will strictly enforce traffic laws with random checks. Those who violate the traffic laws on Dyess AFB are liable for fines and can have their base driving privileges restricted for the following time periods of time:

A. First Offense-30 Days

B. Second Offense-6 Months

C. Third Offense- 1 Year

D. Fourth Offense- Complete loss of driving privileges

Note: It is the Contractors responsibility to ensure that their employees meets/adheres to the above requirements. No consideration (e.g. additional contract performance time) will be granted by the Government if the contractor or their employees do not meet the requirements as specified above.

Appeal Process:

If a person is turned away due to their criminal background and they feel that it is in error, they can formally petition it with the 7 MSG commander. Personnel can submit a letter explaining the circumstances surrounding the incident, be sure to include their name, date of birth, social security number, driver's license number, and the state of issuance of the driver's license. Once that letter has been completed please bring the completed letter to the Visitor Control Center or email it to gloria.lira@us.af.mil .

The use of seatbelts by all vehicle operators and passengers is mandatory at Dyess AFB. Failure to wear seatbelts will adversely affect future performance assessment questionnaires. Also, contractor personnel will not ride in the bed of any truck while performing work on Dyess AFB.

Equipment and vehicles to be used on base shall be safe and in good operating condition. The Contracting Officer, or authorized representative, reserves the right to inspect any on-base equipment and reject such equipment if he/she considers it unsafe, in poor operating condition, or inappropriate for work. Contractor must notify the Contracting Officer of any contractor equipment that is broken down on Dyess AFB roads. Every effort should be made to move broken down equipment to the nearest parking lot before leaving it.

The Government shall not be liable for any loss or damage to the contractor’s property, including stock, or for expense incidental to such loss or damage.

All communications with DOD organizations are subject to communications security (COMSEC) review. Contractor personnel will be aware telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. The DOD has authorized that military departments conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, civilian contractor personnel are advised any time they place a call to, or receive a call from, a USAF organization, they are subject to COMSEC procedures. The contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $15 M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance – Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and --

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

X (i) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(ii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(iii) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(iv) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

(v) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vi) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

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 .30 Sep 15. 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 $524.90 for the first day and $403.40 for each subsequent 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)

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

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

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

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

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

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

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

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) 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 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute 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 statute applies, use of foreign construction material is noncompliant with the Buy American statute.

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

Foreign and Domestic Construction Materials Price Comparison

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

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

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

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

Include other applicable supporting information.

(End of clause)

52.232-16 PROGRESS PAYMENTS (APR 2012)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts. (1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under FAR 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors--

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless--

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for --

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor

(ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 80 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) of this clause, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated…