FA4686-12-R-0006 Paving IDIQ Solicitation.doc

Section B - Supplies or Services and Prices

Base Year

FP-EPA

The Paving contract is a single award, competitve construction acquisition based on a general statement of work, further defined at the task order level. The minimum guarantee over the life of the contract is $5000.00, the total aggregated amount expendable over the life of the contract is $15 Million. The ordering period for the year is 30 Sep 12 to 29 Sep 13.

FOB: Destination

SIGNAL CODE: A

MAX NET AMT

FP-EPA

The Paving contract is a single award, competitve construction acquisition based on a general statement of work, further defined at the task order level. The minimum guarantee over the life of the contract is $5000.00, the total aggregated amount expendable over the life of the contract is $15 Million. The ordering period for the year is 30 Sep 12 to 29 Sep 13.

FP-EPA

The Paving contract is a single award, competitve construction acquisition based on a general statement of work, further defined at the task order level. The minimum guarantee over the life of the contract is $5000.00, the total aggregated amount expendable over the life of the contract is $15 Million. The ordering period for the year is 30 Sep 12 to 29 Sep 13.

FP-EPA

The Paving contract is a single award, competitve construction acquisition based on a general statement of work, further defined at the task order level. The minimum guarantee over the life of the contract is $5000.00, the total aggregated amount expendable over the life of the contract is $15 Million. The ordering period for the year is 30 Sep 12 to 29 Sep 13.

FP-EPA

The Paving contract is a single award, competitve construction acquisition based on a general statement of work, further defined at the task order level. The minimum guarantee over the life of the contract is $5000.00, the total aggregated amount expendable over the life of the contract is $15 Million. The ordering period for the year is 30 Sep 16 to 29 Sep 17.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$5,000.00

$15,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

29-SEP-2013

MARY CARRELLI

6425 B ST

BEALE AFB CA 95903

(530) 634-5122

F1H3A1

29-SEP-2014

F1H3A1

29-SEP-2015

F1H3A1

29-SEP-2016

F1H3A1

29-SEP-2017

F1H3A1

CLAUSES INCORPORATED BY FULL TEXT

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of TBD for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

5352.232-9000 REMITTANCE ADDRESS (MAY 1996)

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

Section H - Special Contract Requirements

INSURANCE REQUIREMENTS

SPECIAL CONTRACT REQUIREMENTS

REQUIRED INSURANCE

(IAW FAR 28.307-2)

(a) Workers' compensation and employer's liability. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability.

(1) The Contracting Officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing 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 $20,000 per occurrence 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.

HOLIDAYS

Beale Air Force Base observes the following Federal legal holidays:

New Year’s Day

1 January

Martin Luther King’s Birthday

Third Monday in January

President’s Day

Third Monday in February

Memorial Day

Last Monday in May

Independence Day

4 July

Labor Day

First Monday in September

Columbus Day

Second Monday in October

Veterans Day

11 November

Thanksgiving Day

Fourth Thursday in November

Christmas Day

25 December

**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.

DESIGNATION OF GOVERNMENT INSPECTOR

(FAR 52.246-12)

The Base Civil Engineer or his/her authorized representative is designated as the representative of the Contracting Officer for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This designation in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of the contract.

PREPARATION OF PROGRESS SCHEDULES AND REPORTS

(AFFARS 5336.291)

The reports contemplated by the clause titled "Schedules for Construction Contracts" shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report.

MATERIAL APPROVAL SUBMITTAL FORM (AF Form 3000)

(AFFARS 5336.290)

Within 10 calendar days after commencement of work or as otherwise established by the contracting officer, all material and articles requiring approval, as contemplated by the Materials and Workmanship Clause, shall be submitted by the contractor using AF Form 3000.

UTILITY SERVICES

(FAR 52.236-14)

The Contracting Officer has determined that Government operated utilities are adequate and will be furnished to the contractor without charge where existing outlets are available. Contractor is responsible for installing temporary service outlets, as necessary.

NOTICE OF AWARD

(FAR 14.408(c)/36.304)

Award of a contract resulting from this solicitation may be made by the issuance of a written notice of award. Notwithstanding the requirements to execute formal contractual documents, a notice of award shall constitute a binding contract when such is mailed (or otherwise furnished) to the successful bidder/offeror.

TELEPHONE COMMUNICATIONS SECURITY MONITORING

(AFI 33-219)

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 the military departments to 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 dealing with DoD information.

HOURS OF WORK

The normal hours of work on the military installation are from 7:30 a.m. to 4:30 p.m. local time, Monday through Friday, excluding holidays. Access to work sites may be restricted to these hours and days. Work that requires inspection during accomplishment or that prevents inspection of previous work after accomplishment normally will not be allowed during other than the normal work hours specified above. Work during other than normal hours must be coordinated in advance with the Contracting Officer.

RELEASE OF CLAIMS

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 the clause entitled "Payments Under Fixed Price Construction Contracts" (FAR 52.232-5).

ON SITE OFFICE TRAILERS AND STORAGE TRAILERS/FACILITIES

(FAR 52.236-10)

Unless otherwise indicated, no on-base storage facilities are available for contractor-owned materials. Buildings and structures, which are part of the contract, may be used for storage providing the space is not required for occupancy and the Contractor accepts full responsibility for the material stored therein. The Contracting Officer will designate areas where above-mentioned equipment shall be parked.

DISPOSAL OF WASTE MATERIAL

All waste generated under this contract shall be removed to a site off-base at no additional expense to the Government.

WORK SCHEDULE

All work schedules will be coordinated between the Contracting Officer, Base Civil Engineers, and the Contractor prior to start of work. All work must be accomplished in such a manner that minimum inconvenience will be caused to the using agencies. Work schedules shall be submitted to the Contracting Officer and approved prior to start of work at the job site. Approved schedules will not be changed without prior Contracting Officer approval.

ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall be handled, transported, stored, and disposed of by the Contractor and by his subcontractors at any time in accordance with all applicable Federal, State, or Local laws, ordinances, regulations, court orders, or other types of rules or rulings having the effect of law, including but not limited to Executive Order 12088, 13 October 1978, the Federal Water Pollution Control Act, as amended (33 USC Sec 1251 ET SEQ); The Clean Air Act, as amended (42 USC SEC 1857 ET SEQ); the Endangered Species Act, as amended (16 USC Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 USC 2601, ET SEQ); the National Historic Preservation Act, as amended (16 USC Sec 470, ET SEQ); the Solid Waste Act, as amended (42 USC 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 USC Sec 469, ET SEQ).

DAMAGE TO UTILITIES

(a) In the event of a contractor caused utility failure/disruption, the Contractor shall first make the area safe, then immediately contact the Base Civil Engineer Service Call Desk and the Contracting Officer.

(b) If the damaged utilities are previously known or shown to the Contractor, or there is negligence on his part, the utilities will be repaired by the Contractor in a timely manner and at no cost to the Government.

(c) If the damaged utilities are not known or shown to the Contractor and there is not negligence on his part, they will be repaired at Government expense.

CONSTRUCTION EQUIPMENT

Equipment to be used on base shall be safe and in good operating condition. The Contracting Officer 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.

AS-BUILT DRAWINGS

The Contractor shall maintain one set of drawings at the work site and record all changes and any hidden or subsurface data discovered during construction. The Contractor shall provide a marked up red-line copy with all changes which transpired during the contract. This will be given to the Contracting Officer prior to the final inspection.

CONTRACTOR RESPONSIBILITY

Contractors operating on base will 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 35 MPH unless otherwise posted. The speed limit in base housing areas are 20/10 MPH and the speed limit in parking lots is 5 MPH.

Security Police utilize speed detection devices and citations will be issued to violators. Personnel who park on grass or seeded areas will be cited. When using a cellular phone in a vehicle the device must be hands-free. Moving violations and non-moving violations (i.e., illegal parking) will be cited on DD Form 1805 and amounts determined by the local magistrate. The individual may choose to pay the fine by sending the amount for the violation along with the citation to the U.S. Magistrate Court or they may return the citation by mailing just the citation to the U.S. Magistrate Court, who will in turn set a date for their court appearance. Individuals are to obey all entry procedures. If instructions are given by the Security Police personnel on the entry points (gates) they will be complied with immediately.

PROGRESS PAYMENTS FOR MATERIALS

No payment will be made for stored materials.

EQUIPMENT DATA - (FOR WARRANTY/GUARANTEE ITEMS)

a. Major Equipment: The Contractor shall provide a list of all equipment furnished and installed under this contract. This list shall include, but not be limited to, each piece of equipment that has a serial number. Each listing shall positively identify the piece of property by including all the following information: date installed/replaced, warranty/guarantee expiration date, item installed, type, model, serial number, style, voltage, cycles, horsepower, size, quantity, frame, item cost, item replacement cost, and location of item/equipment. The aforementioned list shall be furnished to the Contracting Officer in one (1) reproducible and three (3) copies.

b. Major equipment includes, but not limited to, air conditioners, air handlers, transformers, electric motors, compressors, condensing units, chillers, exhaust fans, generators and transfer switches.

c. This is not meant to include light switches, fixtures, relays, valves, and such material items as; piping, insulation, and minor component parts of larger assemblies.

CONTRACTOR STORAGE AREA

Contractor storage areas shall be a “Final Checklist Item” upon final inspection of project. This will ensure contractor storage areas are within environmental compliance, good housekeeping practices and regulatory requirements prior to final payment.

WIDE AREA WORK FLOW INVOICE ROUTING INFORMATION

In accordance with DFARS clause 255.232.7003, the Contractor shall submit payment requests by electronic form. This contract requires invoices be submitted in the Wide Area WorkFlow-Reciept and Acceptance (WAWF-RA) system. Information regarding WAWF-RA is available on the Internet at https://wawf.eb.mil. All questions relating to system setup and vendor training can be directed to the help desk at Ogden, Utah. Their number is 1-866-618-5988.

When submitting invoices for this contract in WAWF-RA, the Construction Payment Invoice document shall be used.

The following codes will be required to route your invoices through WAWF:

Issue DODAAC

FA4686

Admin DODAAC

FA4686

Inspected by DODAAC/Ext.

FA4686/no extension Contracting Officer DODAAC/Ext.

FA4686/no extension

LPO DODACC

(not used on Air Force contracts)

To input the line item for the invoice, the following codes will be required to Add CLIN/SLIN:

Pay DoDAAC

F67100 Item No.

Stock Part No.

Type

FT-Federal Supply Classification

Qty provided

15,000,000

Unit

U.S., Dollars

Unit Price

Amount of Invoice

Description *Include all required construction invoice elements (contract total amount, previously paid amount, percentage of completion)

After completing all applicable tabs to create the invoice, return to the ‘Header’ tab, then click ‘Create Document’. This will then bring up the completed invoice for review. Once reviewed for accuracy, click ‘Submit’. The Receiving Report document will appear and will look similar to the invoice. Click ‘Submit’; this will bring up a screen that will identify the email addresses the newly-created documents will be sent. Just above the ‘Return’ and ‘Page Help’ buttons, you will see “Send More Email Notifications”. Click on the “E” and enter the following email addresses and mark ‘Send’ for each:

John.Pank@beale.af.mil

Chrissina.Tavake@beale.af.mil

Aaron.Bradby@beale.af.mil Click on ‘Submit’

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

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

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require--

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from--

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

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).

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

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

(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--

(i) Have a written code of business ethics and conduct;

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall--

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.

(2) An internal control system.

(i) The Contractor's internal control system shall--

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor's internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including--

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.

(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers.

(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.

(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.

(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.

(d) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5,000,000 and a performance period of more than 120 days.

(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the contracting officer and shall not be binding until so approved.

(End of clause)

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 TBD. The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from a date TBD.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $3,000,000.00;

(2) Any order for a combination of items in excess of $3,000,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within TBD days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after TBD.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days from current year expiration.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months..

(End of clause)

52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN 2003)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer--

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The successful offeror will notify the 9th Contracting Squadron Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(End of clause)

52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN 2003)--ALTERNATE I (APR 2005)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer--

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(3) The offeror's approved business plan is on the file and serviced by Sacramento District Office

San Francisco District Office

Fresno District Office

6501 Sylvan Road, Suite 100

455 Market Street, Suite 600

801 R Street, Suite 201

Citrus Heights, CA 95610

San Francisco, CA 94105

Fresno, CA 93721

(916) 231-7773

(415)744-6820

(559)487-5791

(b) By submission of its offer, the Offeror certifies that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The successful offeror will notify the 9th Contracting Squadron Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(End of clause)

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

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

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

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

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

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

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

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

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

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

Cost of components means--

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

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

Domestic construction material means--

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

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

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

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

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

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

(c) Request for determination of inapplicability of the Buy American Act.