FA4800-12-B-0004 - PAINT.doc

Section B - Supplies or Services and Prices

Lot

Paint IDIQ - Base Year

FFP

NOTE: Section B provides for the estimated maximum contract amount. Section B Item 0001 is the basic year and Items 1001 through 4001 are the subsequent option years 1 through 4. This contract minimum guarantee amount is $2,000.00 and the contract maximum amount is $4,500,000.00. Both the minimum and the maximum amounts apply to the entire life of the contract.

The contractor shall provide all plant, labor, equipment, tools, materials, transportation, management, supervision, and other services necessary to perform Basewide Paint IDIQ work for Joint Base Langley Eustis in accordance with the specifications of this contract. Pricing schedule is incorporated via Exhibit A-Pricing Schedule. Period of performance is 365 days After Date of Contract (ADC).

FOB: Destination

NET AMT

Lot

FFP

NOTE: Section B provides for the estimated maximum contract amount. Section B Item 0001 is the basic year and Items 1001 through 4001 are the subsequent option years 1 through 4. This contract minimum guarantee amount is $2,000.00 and the contract maximum amount is $4,500,000.00. Both the minimum and the maximum amounts apply to the entire life of the contract.

The contractor shall provide all plant, labor, equipment, tools, materials, transportation, management, supervision, and other services necessary to perform Basewide Paint IDIQ work for Joint Base Langley Eustis in accordance with the specifications of this contract. Pricing schedule is incorporated via Exhibit A-Pricing Schedule. Period of performance is 365 days ADC.

NET AMT

Lot

FFP

NOTE: Section B provides for the estimated maximum contract amount. Section B Item 0001 is the basic year and Items 1001 through 4001 are the subsequent option years 1 through 4. This contract minimum guarantee amount is $2,000.00 and the contract maximum amount is $4,500,000.00. Both the minimum and the maximum amounts apply to the entire life of the contract.

The contractor shall provide all plant, labor, equipment, tools, materials, transportation, management, supervision, and other services necessary to perform Basewide Paint IDIQ work for Joint Base Langley Eustis in accordance with the specifications of this contract. Pricing schedule is incorporated via Exhibit A-Pricing Schedule. Period of performance is 365 days ADC.

NET AMT

Lot

FFP

NOTE: Section B provides for the estimated maximum contract amount. Section B Item 0001 is the basic year and Items 1001 through 4001 are the subsequent option years 1 through 4. This contract minimum guarantee amount is $2,000.00 and the contract maximum amount is $4,500,000.00. Both the minimum and the maximum amounts apply to the entire life of the contract.

The contractor shall provide all plant, labor, equipment, tools, materials, transportation, management, supervision, and other services necessary to perform Basewide Paint IDIQ work for Joint Base Langley Eustis in accordance with the specifications of this contract. Pricing schedule is incorporated via Exhibit A-Pricing Schedule. Period of performance is 365 days ADC.

NET AMT

Lot

FFP

NOTE: Section B provides for the estimated maximum contract amount. Section B Item 0001 is the basic year and Items 1001 through 4001 are the subsequent option years 1 through 4. This contract minimum guarantee amount is $2,000.00 and the contract maximum amount is $4,500,000.00. Both the minimum and the maximum amounts apply to the entire life of the contract.

The contractor shall provide all plant, labor, equipment, tools, materials, transportation, management, supervision, and other services necessary to perform Basewide Paint IDIQ work for Joint Base Langley Eustis in accordance with the specifications of this contract. Pricing schedule is incorporated via Exhibit A-Pricing Schedule. Period of performance is 365 days ADC.

NET AMT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

633D CE SQUADRON - F2Q363

WILLIE WILLIAMS

37 SWEENEY BLVD

LANGLEY AFB VA 23665

764-1386

F2Q363

(SAME AS PREVIOUS LOCATION)

F2Q363

(SAME AS PREVIOUS LOCATION)

F2Q363

(SAME AS PREVIOUS LOCATION)

F2Q363

(SAME AS PREVIOUS LOCATION)

F2Q363

CLAUSES INCORPORATED BY REFERENCE

Section H - Special Contract Requirements

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.

1.4 Contractor shall provide proof of insurance coverage within 15 calendar days of issuance of the notice to proceed for the initial delivery order.

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

3.0 DELIVERY ORDER PROCEDURES: A delivery order will consist of pavement repairs.

3.1 The Contracting Officer or designated representative of 633 CONS/LGCB will notify the Contractor of an existing requirement.

3.2 A site visit will be scheduled with the Contractor to verify measurements and elements of work.

3.3 The Contractor will submit a proposal within five (5) calendar days to the Government that outlines the proposal line items, quantities, and period of performance for the requirement. If multiple sites, the proposal shall identify requirements for each site separately. The performance period shall be determined during discussions, and incorporated into the delivery order.

3.4 Upon receipt of the Contractor’s proposal, the Government will review the proposal for completeness and compliance. The respective line item quantities, specified line items, and performance period shall be reviewed by the Government and negotiate with the Contractor if necessary. After review and /or discussions, the Contracting Officer will award the delivery order as a Firm Fixed Price or a Not To Exceed (NTE) line items delivery order. Notice to proceed shall be issued for each delivery order.

4.0 LIQUIDATED DAMAGES: Liquidated damages, if applicable, will be identified on each Delivery Order.

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

6.0 PERFORMANCE PERIOD: Each Delivery Order issued will include a Government required performance period. The Contractor may propose a different period of performance for any given Delivery Order. If necessary, the performance period will be negotiated. The Contracting Officer will have the final decision regarding performance period.

7.0 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.

8.0 CONTRACT ADMINISTRATION: Issuance of new delivery orders as well as administration and inspection of all delivery orders under this contract will be assumed by the 633d Contracting Squadron.

9.0 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 or any other items that need to be addressed.

10.0 DAVIS BACON WAGE RATES: The Davis Bacon Wage Rate Decision applicable to this contract is attached in Section J of this solicitation.

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

12.0 IDENTIFICATION OF CORRESPONDENCE: All correspondence and data submitted by the Contractor under this contract shall reference the contract number, Delivery Order number, project title, and project number.

13.0 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 DELIVERY ORDER, AS APPLICABLE

14.0 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. Reference the applicable sections in the Langley AFB and Ft Eustis special conditions for further details.

14.1 If the Contractor wishes to work during the periods other than the above, additional Government inspection forces may be required.

14.2 The Contractor must notify the Contracting Officer three (3) working days in advance of his/her intention to work during periods other than the above, to allow assignment of additional inspection forces when the Contracting Officer determines that the additional inspection force is reasonably available.

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

15.0 HOLIDAYS: The following Federal legal holidays are observed by Joint Base Langley Eustis:

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.

16.0 ON SITE OFFICE TRAILERS AND STORAGE FACILITIES: On-base storage area will be made available for Contractor owned materials and equipment. The Contracting Officer will designate areas where above-mentioned equipment shall be staged. These staging areas will be unique for each respective delivery order.

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

17.1 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. The Contractor is required to follow applicable Air Force and Army directive, technical orders, and AFOSH standards conducting operations on Joint Base Langley Eustis. Any Contractor bringing radioactive materials on either base or using radioactive materials will provide the following information to the base.

17.2 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.

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

17.4 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).

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

17.6 Proof of a valid Air Force/Army contract.

18.0 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 all solvents, paints, fuels, oils, greases, adhesives, etc.

18.1 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.

19.0 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 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.

19.1 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/HAZMART

Bldg 330

23 Sweeney Blvd.

Langley AFB, VA 23665-2199

633 CES/CEVQP

Bldg 328, Room 253

37 Sweeney Blvd.

Langley AFB, VA 23665-2107

19.2 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 items to the above offices as soon as he/she is aware of the need for the materials.

20.0 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.

21.0 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.

21.1 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.

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

22.0 TELEPHONE COMMUNICATION SECURITY MONITORING: All communications with Department of Defence (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, they 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.

23.0 EMERGENCY MEDICAL TREATMENT: The Hospitals at Langley AFB and Ft Eustis 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.

24.0 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.

25.0 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.

26.0 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.

27.0 CONSTRUCTION PERMITS: Prior to beginning any excavation, which may be required under this contract, the Contractor shall obtain from the Chief, Construction Management, Bldg 328, Langley AFB, VA 23665, a Civil Engineer construction digging permit. Five (5) working days are normally required for processing of the permit.

28.0 RELEASE OF CLAIMS: Upon completion of the work and prior to final payment for each delivery 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).

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(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 fourteen (14) 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 the time specified in each delivery 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 an amount to be determined upon award of each delivery order, 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

52.216-18 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 award of the contract until the contract expires.

(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)

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 (insert dollar figure or quantity), 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 $4,500,000.00.

(2) Any order for a combination of items in excess of $4,500,000.00; or

(3) A series of orders from the same ordering office within five 5 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 five 5 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 nine (9) months beyond expiration of the contract period.

(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 calendar days of contract 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 thirty (30) calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) calendar 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 five (5) years and six (6) months.

(End of clause)

52.219-12 SPECIAL 8(A) SUBCONTRACT CONDITIONS (FEB 1990)

(a) The Small Business Administration (SBA) has entered into Contract No .________ [insert number of contract] with the __________ [insert name of contracting agency] to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.

(b) The _________ [insert name of subcontractor], hereafter referred to as the subcontractor, agrees and acknowledges as follows:

(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No . ___ [insert number of contract] for the consideration stated therein and that it has read and is familiar with each and every part of the contract.

(2) That the SBA has delegated responsibility, except for novation agreements and advance payments, for the administration of this subcontract to the _______ [insert name of contracting agency] with complete authority to take any action on behalf of the Government under the terms and conditions of this subcontract.

(3) 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 designated Contracting Officer of the _______ [insert name of contracting agency].

(4) That it will notify the __________ [insert name of contracting agency] 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.

(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the.

(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 Contracting Officer of the 633d Contracting Squadron.

CLAUSES INCORPORATED BY FULL TEXT

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 insert name of SBA's contractor will notify the insert name of contracting agency 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)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Joint Base Langley Eustis (JBLE), which is comprised of Langley Air Force Base, and Fort Eustis, located in Hampton and Newport News, Virginia, (End of provision)

52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)

(a) The Contractor shall notify the Contracting Officer or designee, in writing, thirty (30) calendar days days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or (2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107).

(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall-

(1) Be submitted in writing;

(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not Changed; and

(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.

(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract.

(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

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

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the…