FA4800-11-R-0002 MACC Solicitation.doc

Section B - Supplies or Services and Prices

MACC BASIC YEAR

FFP

Work is to be performed in the general construction category to include maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving, earthwork and waterfront work in both family housing and industrial/office buildings at Langley AFB, Ft Eustis AB and surrounding Federal Installations. Work shall be performed in accordance with the terms and conditions of the contract, General Provisions (Atch 15) or Ft Eustis Specific Special Instruction (Atch 14) and any resultant Task Order. Minimum Guaranteed Contract Amount: The guaranteed minimum amount for the first award period is $2,000.00 per contract award. No other minimum guarantees shall be included or permitted. The total aggregate maximum amount of this overall program, with all options exercised, shall not exceed $250,000,000.00. Period of performance will be 365 days from date of award.

FOB: Destination

NSN: Z199-MA-CCS-IDIQ

SIGNAL CODE: A

MFR PART NR: N/A

MAX

NET AMT

FFP

Work is to be performed in the general construction category to include maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving, earthwork and waterfront work in both family housing and industrial/office buildings at Langley AFB, Ft Eustis AB and surrounding Federal Installations. Work shall be performed in accordance with the terms and conditions of the contract, General Provisions (Atch 15) or Ft Eustis Specific Special Instruction (Atch 14) and any resultant Task Order. Minimum Guaranteed Contract Amount: There is no minimum guaranteed amount for this period. The total aggregate maximum amount of this overall program, with all options exercised, shall not exceed $250,000,000.00.

FOB: Destination

NSN: Z199-MA-CCS-IDIQ

MAX

FFP

Work is to be performed in the general construction category to include maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving, earthwork and waterfront work in both family housing and industrial/office buildings at Langley AFB, Ft Eustis AB and surrounding Federal Installations. Work shall be performed in accordance with the terms and conditions of the contract, General Provisions (Atch 15) or Ft Eustis Specific Special Instruction (Atch 14) and any resultant Task Order. Minimum Guaranteed Contract Amount: There is not minimum guaranteed amount for this period. The total aggregate maximum amount of this overall program, with all options exercised, shall not exceed $250,000,000.00.

FOB: Destination

NSN: Z199-MA-CCS-IDIQ

MAX

FFP

Work is to be performed in the general construction category to include maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving, earthwork and waterfront work in both family housing and industrial/office buildings at Langley AFB, Ft Eustis AB and surrounding Federal Installations. Work shall be performed in accordance with the terms and conditions of the contract, General Provisions (Atch 15) or Ft Eustis Specific Special Instruction (Atch 14) and any resultant Task Order. Minimum Guaranteed Contract Amount: There is no minimum guaranteed amount for this period. The total aggregate maximum amount of this overall program, with all options exercised, shall not exceed $250,000,000.00.

FOB: Destination

NSN: Z199-MA-CCS-IDIQ

MAX

FFP

Work is to be performed in the general construction category to include maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving, earthwork and waterfront work in both family housing and industrial/office buildings at Langley AFB, Ft Eustis AB and surrounding Federal Installations. Work shall be performed in accordance with the terms and conditions of the contract, General Provisions (Atch 15) or Ft Eustis Specific Special Instruction (Atch 14) and any resultant Task Order. Minimum Guaranteed Contract Amount: There is not minimum guaranteed amount for this period. The total aggregate maximum amount of this overall program, with all options exercised, shall not exceed $250,000,000.00.

FOB: Destination

NSN: Z199-MA-CCS-IDIQ

MAX

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table. The maximum order value for the entire Multiple Award Construction Contract (MACC) shall not exceed the maximum order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

TASK ORDER AMOUNT

MAXIMUM

AMOUNT

2,000.00

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

0001 - 4001

$2,000.00

$250,000,000.00

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

FURTHER INSPECTION INSTRUCTION

1.0 NOTICE OF COMPLETION OF TASK ORDER/FINAL INSPECTION:

1.1 When the contractor is ready for final inspection, a request will be forwarded in writing to the Contracting Officer or his/her designated representative unless prior verbal arrangements have been made. The final inspection will normally be requested five days prior to the desired date or as otherwise negotiated with the Contracting Officer. Final inspections shall be scheduled prior to the completion date of the applicable Task Order.

1.2 Once the contractor has requested the final inspection, the government inspector may then conduct a pre-final inspection. Should discrepancies be noted, the contractor will correct the problems prior to final inspection.

1.3 The final inspection will be performed typically with representation from Contracting, Civil Engineering and the Contractor as a minimum. Should discrepancies be noted, the punch list items are to be completed within the established performance period of the Task Order. The Contracting Officer reserves the right to decline the contractor’s request for a final inspection or suspend a final inspection when it is evident that the contractor is not ready for a final inspection. The contracting officer will provide his/her rationale for such a denial.

2.0 DESIGNATION OF GOVERNMENT INSPECTOR: The Langley/Ft Eustis Civil Engineers 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 or any task order issued there under. The inspector is not authorized or required to perform the quality control for the contract.

Section F - Deliveries or Performance

DELIVERY INFORMATION

DAN PORTER

37 SWEENEY BLVD

LANGLEY AFB VA 23665

764-1149

FOB: Destination F2Q363

F2Q363

F2Q363

F2Q363

F2Q363

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

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

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

(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.

(End of clause)

Section H - Special Contract Requirements

1.0 REQUIRED INSURANCE: In accordance with FAR 28.306(b) and the 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.

1.1 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.

1.2 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.

1.3 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.

2.0 NOTICE TO PROCEED: A notice to proceed will be issued for each Task Order. The contracting officer reserves the right to determine the issue date of any notice to proceed.

3.0 TASK ORDER PROCEDURES: As requirements are identified, the government will issue The Task Order Proposal Requests (TOPRs) that will describe the government requirements, along with the required proposal response time. A site visit will be scheduled with the contractor(s) to verify measurements and elements of work. Task Orders are the award of the services required under the contract. The performance period shall be negotiated, and incorporated into each Task Order. All Task Orders issued hereunder are subject to the terms and conditions of this contract. Note: It is the Government’s intent to issue Task Orders with an established firm fixed price.

3.1 After award of initial contracts, it is the government’s intention to allow all MACC contractors compete for Task Orders based on either best value, low price technically acceptable or low price. Typically the evaluation methods will correspond with the level of design or complexity of the proposal to be submitted. In most cases best value will correspond to a design build project, low price technically acceptable to minimal design, and low price to a pre-designed type solicitation. Each request for proposal will state evaluation requirement and the method of selection. The government may elect not to solicit to all awardees in accordance with DFARS 216.505-70 Orders Under Multiple Award Contracts. This restricted competition may be to meet minimum order amounts, work requiring special skills or trades, or urgent and compelling schedules. Similarly, contractors may elect not to propose on all requirements.

3.2 Proposal Procedures: The following describes the typical procedures for proposal submission requirements: Note: Proposal preparation fees will not be provided to any competing MACC contractors.

3.2.1 Design and Build (100%): The Task Order Proposal Requests (TOPRs). will contain a Statement of Objectives (SOO) that describes the required end product and/or the work to be performed. Based on the SOO, the contractor shall perform all investigation and design services necessary to provide the Government a 35% design package (Statement of Work (SOW) and Drawings) which describes how the contractor intends to accomplish the requirements of the SOO. The Government will review the 35% design package for acceptability. The Government will either request price proposals based upon the acceptable design packages, or, issue a revised SOO and repeat the process. The Government will indicate which 35% design packages(s) have been determined to be acceptable. Contractors with acceptable packages shall be asked to provide a price proposal to include a proposed performance period, if it differs from the performance period requested by the TOPR.

3.2.2 Minimal Design Build: The TOPR will contain a limited SOW that describes the work included. Based upon the SOW the contractor shall provide a 35% design, a priced proposal, and proposed performance period, if it differs from the performance period requested by the TOPR

3.4 LIQUIDATED DAMAGES: Liquidated damages, if applicable, will be identified on each Task Order.

3.5 TERM OF CONTRACT: This contract provides for a base contract period of 12 months beginning upon the date of contract award of each respective contract and four (4) consecutive one-year option periods may be exercised at the discretion of the government.

3.5.1 PERFORMANCE PERIOD: Each TOPR issued will include a Government desired/required performance period. The contractor may propose a different period of performance for any given Task Order. If necessary, the performance period will be negotiated. The Contracting Officer will have the final decision regarding performance period.

3.6 EXERCISE OF OPTIONS: Exercise of option is based on the Government’s need for continued service and past performance on this contract and other contracts the contractor may have. At time of exercise of option, the contractor will provide a list of current contracts and contracts completed within the last year. If performance is not acceptable, the option may not be exercised.

3.7 CONTRACT ADMINISTRATION: Administration, inspection and all expenses involved for the Task Orders under this contract will be assumed by the organization issuing the Task Order. However, prior to other installations issuing TOPR against MACC, 633 CONS will be notified and an approval authorization number assigned. The issuing installation (any authorized government organization) shall notify 633 CONS of awarded dollar amounts and any subsequently funded modifications. In this manner, 633 CONS will track all monies spent against the contract to ensure the instrument’s maximum dollar amount is not exceeded. Note: Any decision by the issuing Contracting Officer, arising from a Task Order, will not be disputed at another level except those decisions in conflict with the basic contract.

3.8 PERFORMANCE MEETINGS: Performance meetings will be held with the Contracting Officer or his/her designated representative, technical representatives, and the contractor. The meetings will be held weekly, or on an as needed basis, to discuss ongoing and upcoming projects, potential problems, any concerns, the contract in general and any other items that may need to be addressed.

4.0 DAVIS BACON WAGE RATES: The current Davis Bacon Wage Rate Decision(s) applicable to the particular construction project of the issued TOPR will be incorporated into any resulting Task Order. Please note the Wage Determinations indicated in Section J, of this solicitation is to be used for MACC Seed Projects.

5.0 PAYMENT AND PERFORMANCE BONDS (IAW FAR 28.102): Payment and Performance Bond requirements pertain only to the issuance of Task Orders. Note--in FAR Clause 52.228-15 (located in Section I), all references to “contract” also includes any resulting Task Orders issued against this contract.

6.0 REPLACING MACC CONTRACTORS: Should one or more of the incumbent MACC contractor’s options not be exercised or if termination of contract(s) occurs, the Government may determine it necessary to select replacement contractors. If replacement contractors are determined necessary, selection shall follow the same process and procedures used in selecting and awarding the basic MACC awards. The Governement also reserves the right not to exercise subsequent option years with the contractor based on historical participation.

7.0 IDENTIFICATION OF CORRESPONDENCE: All correspondence and data submitted by the contractor under this contract shall reference the contract number, Task Order number, project title, and project number.

8.0 IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY: Pursuant to the “Government Property” clause herein, the Government will furnish the item(s) of the property listed below as Government-Furnished Property to the Contractor, F.O.B. Destination, for use in performance of this contract.

ITEM NUMBER

DESCRIPTION QTY

WILL BE SPECIFIED IN EACH TASK ORDER, AS APPLICABLE

9.0 NAFI GENERAL PROVISIONS/CLAUSES: The clauses located in Attachment 16 are applicable to Task Orders funded with Non-Appropriated funds.

10.0 ACCEPTANCE OF SEED PROJECTS: The government reserves the right to issue a Task Order based on the acceptance of the seed project by the 633d Contracting Squadron, should funds become available within 120 days following contract award.

11.0 HOURS OF WORK: Working hours for the contractor will be the normal trade hours in this locale (7:30 AM to 4:30 PM) excluding Saturdays, Sundays, and Federal holidays.

If the contractor wishes to work during the periods other than the above, additional government inspection forces may be required.

The contractor must notify the Contracting Officer two working days in advance of his/her intention to work during periods to allow assignment of additional inspection forces when the Contracting Officer determines that the additional inspection force is reasonably available.

If such force is available, the Contracting Officer may authorize the contractor during periods other than normal duty hours/days.

12.0 HOLIDAYS: The following Federal legal holidays are observed by this base:

New Year's Day

1 January

Martin Luther King's Birthday Third Monday In January

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.

13.0 ON SITE OFFICE TRAILERS AND STORAGE FACILITIES: On-base storage area will be made available for contractor owned materials and equipment. Buildings and structures, which are part of the contract, may be used for storage providing the space is not required for occupancy and contractor accepts full responsibility for the material stored therein. The Contracting Officer will designate areas where above-mentioned equipment shall be parked.

13.1 Once an exact location has been determined, the contractor may use all approved and available utilities (i.e., electricity, water, and sewage) at the construction site. The Contracting Officer will inform the contractor whether or not the Government shall be reimbursed (and at what rate structure) for any or all such utilities.

13.2 All office trailers and storage facilities areas shall maintain a clean appearance (i.e., no garbage, materials properly and safety stores, grass maintained).

14.0 RADIOACTIVE MATERIALS: Reference Section I, Clause 52.223-7, Notice of Radioactive Materials. In addition to clause requirements, the following applies:

14.1 Base Contracting (633 CONS) will ensure no contractor or other non-Air Force organizations are using a radiation source (i.e., Lasers, RF emitters, and ionizing radiation sources) on Joint Base Langley Eustis, without the approval or knowledge of the Base Radiation Safety Officer (RSO). The contractor is required to follow applicable Air Force and Army directive, technical orders, and AFOSH standards conducting operations on both Joint Base Langley Eustis. Any contractor bringing radioactive materials on either base or using radioactive materials will provide the following information to the base.

A written request for permission to bring any radioactive material on base must be received at least 30 calendar days before bringing the materials onto Joint Base Langley Eustis.

· Evidence of a valid Nuclear Regulatory Commission (NRC) or Agreement State Radioactive Materials License.

· A copy of NRC Form 241, Report of Proposed Activities in Non-Agreement States, or similar document (such as a letter), listing the specific licensable items the contractor wishes to use on the base (in the case of an Agreement State License, the original must be forwarded by the contractor to the appropriate NRC region).

· Report of last leak test, if testing is required by the NRC license.

· Proof of a valid Air Force/Army contract.

15.0 HAZMAT/NON-HAZMAT REMOVAL: At the end of the performance of the contract and before facilities/projects are turned over to the Government, the contractor will remove all hazardous and non-hazardous materials furnished and or used by the Contractor from the installation. No materials will be left behind in the possession of the Government. This includes but is not limited to all solvents, paints, fuels, oils, greases, adhesives, etc.

15.1 The Government’s Contract Project Manager and/or Inspector will identify that the contractor has been responsible for ensuring the materials are removed before accepting the job from the contractor. Before finalizing the project, the contractor will certify, by signing a statement, that all hazardous materials were removed from the installation. This statement will be placed in the contract file and a copy.

16.0 HAZARDOUS MATERIALS REPORTING: In compliance with AFI 32-7086, AFI 32-7086 ACC Sup 1 and JBLE-I 32-101, contractors are required to report the usage of all hazardous materials to the Government. The contractor will report the type and estimated usage of all Hazardous materials and will submit a copy of the Material Safety data Sheet (MSDS) for each item to the 633FW/HAZMART, 633 CES/CEVQP, and the Contracting Officer (CO) prior to bringing the items on the installations. The following information along with MSDS for each item will be provided to the Government within ten (10) days after award of the contract. The information will consist of the title of the project, the project number, contractor/company name, point of contact and telephone number, the name of the hazardous material, maximum amounts that will be stored on the jobsite at any given time.

16.1 The Langley AFB Hazardous Materials Management Process (HMMP) team will review the listing to ensure there are no concerns with the chemicals being used/stored on the installation. The report will be sent to the Contracting Officer and to the following addresses:

633 LRS/HAZMARD

633 CES/CEVQP

Bldg 330

Bldg 328, Room 253

23 Sweeney Blvd.

37 Sweeney Blvd.

Langley AFB, VA 23665-2199

Langley AFB, VA 23665-2107

16.2 Should the contractor need to use additional hazardous materials at any time on the project that were not previously submitted, he/she shall submit a list of those times to the above offices as soon as he/she is aware of the need for the materials.

17.0 ENVIRONMENTAL IMPACT: All waste materials generated by the contractor or 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 all times 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 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 1857, ET SEQ); the Endangered Species Act, as amended (16 U.S.C. 6901 ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469 ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or a subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the government for all such liability.

18.0 DAMAGE TO UTILITIES: In the event of a contractor caused utility failure/disruption, the Contractor will first make the area safe, then immediately contact the Base Civil Engineer Call Desk (24-hour line), (757) 764-5451, and Contracting Officer.

18.1 Repairs to contractor-damaged utilities will be at the contractor’s expense if it is determined that such damage was caused as a result of negligence. Repairs will be performed in a timely manner at no additional cost to the Government.

Damage to unidentified utilities will be repaired by the Government at no cost to the contractor.

19.0 TELEPHONE COMMUNICATION SECURITY MONITORING: All communications with DoD organizations are subject to emissions security (EMSEC) 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 EMSEC monitoring and recording of telephone call 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 an USAF/USA organization, there are subject to EMSEC procedures. The contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with DoD information.

20.0 EMERGENCY MEDICAL TREATMENT: The Hospitals at Langley AFB and Ft Eustis AB will provide emergency medical treatment to employees of the contractor for injuries incurred while working on base. The contractor will be required to reimburse the Government at an established rate for non-beneficiaries in accordance with Air Force Handbook 41-114. After receiving initial emergency treatment, the Contractor will provide the hospital with the name of the physician and/or hospital to which the injured personnel can be transferred for further treatment and care. Follow-on care after initial emergency treatment will not be provided.

21.0 ORDER OF WORK: The contractor will submit for approval all work schedules to the Contracting Officer prior to the start of work. Approved schedules cannot be changed without the Contracting Officer approval.

22.0 WORK SCHEDULE: All work must be accomplished in such a manner that minimum inconvenience will be caused to the using agencies. In some cases, the contractor will be required to work around or move Government equipment within the work area to protect it from debris and damage. Contractor is responsible for all damages to furnishing and equipment which must be relocated to perform necessary work.

23.0 UTILITY SERVICES: The Contracting Officer has determined that Government operated utilities are adequate and will be furnished to the contractor without charge where existing utilities are available, and necessary for project performance. Contractor is responsible for installing temporary service outlets. See contract clause entitled “Availability and Use of Utility Services”, FAR 52.236-14.

24.0 CONSTRUCTION PERMITS: Prior to beginning any excavation, which may be required under this contract, the contractor shall obtain from the Chief, Construction Management, Bldg 358, Langley AFB, SC 29152, a Civil Engineer construction digging permit. Five working days are normally required for processing of the permit.

25.0 RELEASE OF CLAIMS: Upon completion of the work and prior to final payment for each task order, the contractor shall be required to furnish to the Contracting Officer a Release of Claims as specified by the clause entitled “Payment under Fixed-Price Construction“, FAR 52.232-5(h)(3).

26.0 SPECIAL AWARD NOTE: If for any reason a Task order under this contract is funded in whole or in part by the use of funds falling under the “THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)” the following additional clauses will be adhered to and supersede their counterparts contained within this document. All clauses are listed in full text in Section I.

52.203-15 – Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009.

52.204-11 – American Recovery and Reinvestment Act (ARRA )- Reporting Requirements

52.215-2 – Audits and Records – Negotiation w/Alt I

52.225-23 – Required Use of American Iron, Steel, and Manufactured Goods – Buy American Act –

Construction Materials under Trade Agreements

52.225-24 – Notice of Required Use of American Iron, Steel and Other Manufactured Goods – Buy

American Act – Contraction Materials under Trade Agreements

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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

The Contractor shall be required to (a) commence work under this contract within the timeframe specified in each individual task order 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 .the time specified in each task order. The time stated for completion shall include final cleanup of the premises.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall--

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

(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 date of contract award through the life of the contract period including option years, if exercised.

(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 $15M;

(2) Any order for a combination of items in excess of $15M; or

(3) A series of orders from the same ordering office within 30 calendar 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 3 calendar 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 expiration date of this contract or the last active task order, or reaching the maximum limitation, whichever occurs first. However, any task orders issued prior to the contract expiration or reaching the program limitation shall continue to be performed in accordance with the completion date negotiated in the task order .

(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 30 days.

(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 before the contract expires. 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)

52.219-17 SECTION 8(a) AWARD (DEC 1996)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements and advance payments, delegates to the 633d Contracting Squadron the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the 633d Contracting Squadron, Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.

The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant…