Atch_1_Holloman_AFB_Local_Procedures_19_Aug_2013.pdf

FA4801-11-R-0003 August 19, 2013

Holloman AFB Local Instruction

The following local clauses, terms and conditions are hereby incorporated into the contract:

Mobilization: The parties agree that Task Order #0001 will be for “Mobilization” in the amount of $2,000, for which sum the contractor will initiate his proposed staffing plan and business relationships. This task order satisfies the guaranteed contract minimum. In the event a second Task Order is executed, the full $2,000.00 will be credited back to the Government as a bottom line credit (after application of the FEP rate) on the contractor’s proposal for the second Task Order.

On Ramp: The Government reserves the right to reopen competition at any time during the term of the contract.

The Government intends to review the need for additional MACC Contractors at the 18-24 month point in the contract period, with the intention to maintain or increase the number of Contractors on MACC to a number that will promote competition. If additional MACC Contractors are needed prior to that time, additional contracts may be executed earlier. When an on-ramp is used, the Government will advertise the reopening of the competition on

FedBizOpps, and awardees shall meet the criteria established in the initial MACC solicitation. The evaluation and selection of awardees for any on-ramp will be exactly the same as the evaluation and award criteria used for the initial basic contract awards. Any new awardees will compete with any existing or remaining MACC Contractors for all task orders (excluding the need to meet the minimum obligation amount). Any additions due to on-ramps will not increase the contract ceiling and the ordering period for new awardees will not exceed the overall maximum term of the original ID/IQ contract, including options (i.e., will not extend past the dates established at initial award).

The Government will not consider unsolicited requests for addition to either or both of the competition pools.

Additional Ordering Instructions and Fair Opportunity Procedures:

In addition to the Ordering Clause at 52.216-18, the following procedures are incorporated into the contract:

(a) Upon option exercise, the ordering period stated in 52.216-18 shall be considered to be changed to reflect the option ordering period as stated in the option exercise modification.

(b) Orders will be issued using the “Fair Opportunity Procedures” of this contract, as required by FAR

16.504(a)(4)(iv) and 16.505(b)(1)(ii)(D), and included in para (e) below.

(c) Award of the guaranteed contract minimum will be concurrent with award of a basic contract, if any. The parties agree that this is will be accomplished as follows: The Government will issue Task Order 0001 in the amount of

$2,000 for “mobilization.” The contractor will mobilize and invoice the Government for $2,000.00. The contractor will then credit the invoiced amount back to the Government upon receipt of Task Order 0002, if any. If there is no

Task Order 0002, then the contractor shall keep the $2,000.00 as complete and final payment for mobilization. Task

Order 0001 satisfies the guaranteed contract minimum.

(d) no protest under subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task order contract or deliver-order contract, except for

(i) A protest on the ground that the order increases the scope, period, or maximum value of the contract; or

(ii) A protest of an order valued in excess of $10 million. Protest of orders in excess of $10 million may only be filed with the Government Accountability Office, in accordance with procedures at 33.104.

(e) FAIR OPPORTUNITY PROCEDURES

In accordance with FAR 16.505(b)(1)(ii), “the competition requirements in Part 6 and the policies in Subpart 15.3 do not apply to the ordering process” under a multiple award IDIQ contract. However, Fair Opportunity Procedures must be identified in the solicitation and contract. Therefore, when a new construction project is identified for this contract, the Government will provide fair opportunity to all contract awardees in accordance with the following procedure:

(i). Pre-Selection Phase.

a. The Government may proceed directly to the Task Order Proposal Request Phase, or it may review each awardee’s capabilities and past performance to determine a “pre-qualified range” of awardees with respect to the requirements of the new project. At a minimum, the Contracting Officer may consider the following iaw FAR

16.505(b)(1)(v)(A):

(1) Past performance on earlier orders under the contract, including quality, timeliness and cost control.

(2) Potential impact on other orders placed with the contractor.

(3) Minimum order requirements.

(4) The amount of time contractors need to make informed business decisions on whether to respond to potential orders.

(5) Whether contractors could be encouraged to respond to potential orders by outreach efforts t promote exchanges of information, such as—

(i) Seeking comments from two or more contractors on draft statements of work;

(ii) Using a multiphased approach when effort required to respond to a potential order may be resource intensive (e.g., requirements are complex or need continued development), where all contractors are initially considered on price considerations (e.g., rough estimates), and other considerations as appropriate (e.g., proposed conceptual approach, past performance). The contractors most likely to submit the highest value solutions are then selected for one-on-one sessions with the Government to increase their understanding of the requirements, provide suggestions for refining requirements, and discuss risk reduction measures.

(6) Volume of work awarded in the previous 12 months may be considered.

(7) Government performance on Socio-Economic goals.

b. The Contracting Officer will consider all awardees for inclusion in the task order competition. After reviewing the interests of the Government in terms of project scope, type of work, urgency, program risk and Government performance on Socio-economic goals, the Contracting Officer will review each awardees capabilities, capacity and past performance and then determine which awardees will receive a Task Order Proposal Request (TOPR). This means that all, some or one awardee may receive a TOPR for a given project. Iaw FAR 16.505(a)(9), the

Contracting Officer’s determination is final and may not be protested. Notification will be given to all awardees for every project initiated under this contract.

(ii). Task Order Proposal Request (TOPR) Phase.

a. The Government will send a RFP to all contract holders unless a pre-qualified range has been established, in which case only pre-qualified firms will receive a RFP.

b. The Government will evaluate the proposals and make the final selection based on the criteria established in the

TOPR. The Government anticipates the use of Lowest Priced/Technically Acceptable with Acceptable Past

Performance in most cases, but other “best value” approaches may be used.

(iii). Notifications will be sent to all awardees upon award of any delivery order.

(iv). The Fair Opportunity procedure above may be suspended for the purpose of awarding a guaranteed contract minimum.

(g) Under the provisions of the Federal Acquisition Streamlining Act of 1994, 10 U.S.C. 2304 (c) (Public Law 103-

355), a protest is not authorized in connection with the issuance or proposed issuance of an individual task order except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract under which the order is issued.

(h) For this contract, the designated task order ombudsman is: Lt. Colonel Kristian Ellingsen

(757) 764-5371. The task order ombudsman is responsible for reviewing complaints from multiple award contractors and ensuring that all of the contractors are afforded a fair opportunity to be considered for task orders in excess of $50,000, consistent with procedures in the contract. However, it is not within the designated task order contract ombudsman’s authority to prevent the issuance of an order or disturb an existing order.

(i) This clause does not guarantee the contractor issuance of any delivery order above the minimum guarantee(s) stated in this contract.

(j) As one of the terms and conditions of this contract, all contract holders agree to submit a proposal in response to any/all TOPRs issued to them under this contract. Failure to do so may be grounds for elimination from future task order competitions, and even termination for default.

HAFB 009 – WIDE AREA WORKFLOW (WAWF), Holloman AFB Special Instructions (MAY 2012)

In order to receive awards from the 49th Contracting Squadron at Holloman AFB, New Mexico, you must now use an E-Invoicing system called Wide Area Work Flow (WAWF).

WAWF is a web-based tool for the processing of invoices/receiving reports. This will bring about major changes in the amount of time it takes to process these documents making payment much faster. The web site for this system is https://wawf.eb.mil. There are no charges to use WAWF. All questions relating to system setup and vendor training can be directed to the help desk at Ogden. Their number is 1-866-618-5988.

NOTICE TO CONTRACTOR AND BILLING/INVOICING PERSONNEL:

Any invoice submitted must be entered into WAWF exactly as the contract line items are identified in this award.

Adding or removing line items and higher quantities than listed will result in delays in payment. If shipping was included in the line items prices, the invoice must reflect the same. Shipping may not be billed as a separate line item unless specifically identified in the award. Failure to invoice correctly will result in rejection at the payment office and require resubmission through WAWF.

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR INVOICES

AND ADDITIONAL E-MAILS CORRECTLY THROUGH WAWF.

* Required Fields in WAWF

TYPE OF INVOICE SUBMISSION:

Contract Buyer Remove all RED italics before sending to contractor(s).

Italic text are instructions to Contract Buyer/Administrator: select all items and complete Fill-ins in order for

Contractor to submit proper invoice.

Contract Buyer/Administrator select One (1) of the following:

Invoice

(Creates Stand Alone Invoice)

Invoice and Receiving Report (Combo)

[Creates two documents, an Invoice and a Receiving Report, within one data entry session (combo).

Creating both documents at the same time, rather than separately, is recommended.]

Invoice as 2-in-1 (Services Only)

[Creates an Invoice 2-in-1, which is a document that serves as both an invoice and a certificate of performance for services rendered (also called an "acceptance report").] Use for all Service contracts.

X Construction Invoice

(Creates a Construction Payment Invoice from a contract for construction. Both an Inspector and a

Contracting Officer must review and accept).

X Cage Code*: __________

Contractor's CAGE code (i.e. code listed in Block 17a of the SF 1449, Block 14 of the SF 1442, or Block 9 of the

DD Form 1155)

X Pay DoDAAC*: F67100

(Change if not DFAS Limestone)

X Issue By DoDAAC: FA4801

X Admin DoDAAC*: FA4801

X Inspect By: F2E3CR Ext.: Leave Blank

Check for Construction Inspectors Only – Use BPN numbers F2E3CE or F2E3CR (mods to orders FY05 & before, may need to use SRAN F7SPCE). The BPN # is located, in contract, under Delivery Information, under UIC. Leave the Ext. Blank.

X Contracting Officer*: FA4801 Ext: Leave Blank

Ship To Code*: Ext.: Leave Blank

Check for Services or Commodities Only – Use the BPN number which is located, in contract, under Delivery

Information, under UIC. (mods to orders FY05 & before, may still need to use appropriate SRAN). The BPN # is located, in contract, under Delivery Leave the Ext. Blank.

Contractor: WAWF will prompt asking for "additional e-mail submissions" after clicking "SIGNATURE"

The following E-Mail addresses MUST be input in order to prevent delays in processing:

Inspector: michael.mcbride@holloman.af.mil

Buyer/Administrator : theresa.sandoval@holloman.af.mil

Contracting Officer: john.seamon@holloman.af.mil

Additional Contact: laura.sanchez@holloman.af.mil

The paying office DoDAAC and mailing address can be located on front of your award. You can easily track your payment information on the DFAS web site at http://www.dfas.mil/money/vendor. Your purchase order/contract number or invoice will be required to inquire status of your payment. Most Holloman orders are non-MOCAS, use the options listed under there.

Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Limestone at 1-800-390-5620 or 1-800-337-0371 or faxed to 1-207-328-1660. Please have your order number and invoice number ready when calling about payment status. If your paying office is other than Limestone, contact your contract administrator for the customer services phone/fax numbers.

End of HAFB 009 Instructions

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIRMENTS

Section H - Special Contract Requirements

CONTRACTOR SPECIAL INSTRUCTION

H-1 DESIGNATION OF GOVERNMENT INSPECTOR

The Contracting Officer (CO) designates the Base Civil Engineer authorized representative as the CO’s representative for the purpose of technical surveillance of workmanship and inspection of materials for work being done under this contract. This designation in no way authorizes anyone other than the CO to commit the

Government to changes in the terms of the contract.

H-2 TELEPHONE COMMUNICATIONS SECURITY MONITORING

All communications with DoD organizations are subject to communications security (COMSEC) review.

Contractor will make its personnel aware telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. The DoD authorizes the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, you shall advise your personnel any time they place a call to, or receive a call from a USAF organization they are subject to COMSEC procedures. The contractor shall assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with DoD information.

H-3 DAMAGE TO UTILITIES

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 (572-3223/4) and Contracting Officer, 572-3040. If the damaged utilities are previously known or shown to the contractor, or there is negligence on its part, it shall timely repair the utilities at no cost to the Government. If the damaged utilities are not known or shown to the contractor and there is not negligence on its part, the Government will repair at its expense.

H-4 ENVIRONMENTAL IMPACT

The contractor and its subcontractors shall handle, transport, store, and dispose of all waste materials generated by any work under the contract performed on a government installation 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 Sec

2601, ET SEQ); the National Historic Preservation Act, as amended (16 USC Sec 470, ET SEQ); the Solid Waste

Disposal Act, as amended (42 USC 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 USC Sec 469, ET SEQ).

H-5 NOTICE TO CONTRACTOR (NON-US CITIZENS)

All non-U.S. citizens used in the performance of this contract must have a current legal work permit (green card).

The contractor must provide to the Contracting Officer, a listing of all non-U.S. citizens employed under this contract at time of contract award or upon hiring. A new listing will be provided as changes occur. The primary contractor will be required to fill out a Holloman AFB Visit Access Request for all employees and subcontractor employees that are non-US citizens. This form will have to be approved at base and wing level, and will require additional time to be accomplished.

H-6 UTILITY SERVICES

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. See clause 52.236-14 entitled “Availability and Use of Utility Services”.

H-7 HOURS OF WORK AND HOLIDAYS

a. Normal workday hours for Government personnel are 7:00 AM to 4:00 PM, Monday through Friday, excluding federal holidays. In order to ensure availability of personnel, please schedule your meetings and visits at least 24 hours in advance.

b. Work that requires quality assurance during its accomplishment or that cannot be fully inspected after its completion, will normally not be allowed to be done during other than normal work hours/days (see preceding paragraph) without written Contracting Officer approval.

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. Holloman AFB observes ACC mandated Family Days in association with selected holidays. These holidays involve minimum manning for military members and liberal leave for civilians. A contractor can expect Holloman AFB to observe no less than 5 ACC Family Days throughout a calendar year.

H-8 DISPOSAL OF WASTE MATERIAL

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

H-9 CONTRACTOR RESPONSIBILITY

Contractors operating on base will be responsible for briefing and ensuring employees adhere to traffic rules and regulations. The foreman, job supervisor and other personnel providing workman leadership will, when possible, ensure the workers comply with these rules and regulations. Speed limit on base is 30 MPH unless otherwise posted. The speed limit in base housing areas is 15 MPH and the speed limits in parking lots are 5 MPH.

Individuals are to obey all entry procedures. All instructions given by Security Police personnel on the entry points

(gates) will be complied with immediately.

H-10 TELEPHONE

The Government will not provide any telephone service.

H-11 REQUIRED INSURANCE

a. Reference FAR clause 52.228-5 entitled “Insurance – Work on a Government Installation,” the contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

b. 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 States 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.

c. 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.

d. 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.

H-12 GOVERNMENT-FURNISHED EQUIPMENT AND MATERIALS

a. Government Furnished Materials (GFM): Government Furnished Materials will not be furnished to the contractor as a general rule. However, the Government reserves the right to provide GFM and/or Government

Furnished Equipment (GFE) to be used on any contract. In such cases, these materials shall be receipted for by the contractor and the line item material cost shall be excluded from the price of the contract. The contractor shall follow the instructions of the Contracting Officer’s representative regarding the disposition of all Government-furnished property not used in performance of the contract.

b. Contractor Transporting: The contractor shall transport all GFM and /or GFE, if any described on the contract from the Government storage area to the work site indicated in the contract.

c. Risk and Responsibility: Upon acceptance by the contractor of the GFE/GFM, the contractor assumes the risk and responsibility for the loss or damage to any GFM/GFE.

d. Location: The location (as well as the type, quantity, and description) of GFM/GFE will be identified in each project ordered.

H-13 INTERPRETATION AND MODIFICATION

No oral statement of any person and no written statement of anyone other than the Contracting Officer (CO) shall modify or otherwise affect the terms or meaning of this contract. The CO may designate such individual(s) in writing to represent her/him in connection with such technical guidance, as she/he deems necessary; but is not authorized to change any terms of this contract, price, period of performance, or delivery. The contractor shall make all requests for interpretations, modifications, or changes in writing to the CO. The Government shall not be liable for any cost incurred by the Contractor, which are not in conformance with this statement.

LIMITS OF AUTHORITY:

a. CONTRACTING OFFICER: Only the Contracting Officer is authorized to make changes to the terms and conditions of the contract.

b. INSPECTOR: The Civil Engineering Inspector is authorized to inspect and accept work performed under this contract.

H-14 BONDS

a. Bid Guarantee. A Bid Guarantee is not required.

b. Performance and Payment Bonds. Within 10 days after contract award (i.e. Notice of Award or Formal

Contract), contractor shall furnish two bonds, namely a Performance Bond (Standard Form 25) and a Payment Bond, if Construction, must be a Miller Act Bond (Standard form 25A), each with good and sufficient surety or sureties, acceptable to the Government. The penal sums of both bonds shall equal one hundred percent (100%) of the award amount.

c. During the course of the contract, if the total amount of modifications exceeds the amount of performance and payment bond coverage, additional bond coverage must be provided or the total amount of work in progress is reduced by such an amount as to be within current bond coverage.

d. The contractor should include bond premiums costs as indirect cost based upon the total contract amount.

H-15 PREPARATION OF PROGRESS SCHEDULES AND REPORTS

The reports contemplated by the clause 52.236-15 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. Progress schedules shall be required for performance periods of 60 calendar days or greater. Within 10 days after notice to proceed or as otherwise established by the Contracting

Officer, Contract Progress Schedule, AF Form 3064, shall be submitted to the Contracting Officer and approved prior to start of work at the job site. All Contract Progress Schedules, AF Form 3064, will be coordinated between the Contracting Officer, Base Civil Engineers, and the contractor prior to start of work. Approved schedules will not be changed without prior Contracting Officer approval. All work must be accomplished in such a manner that minimum inconvenience will be caused to the using agencies.

H-16 MATERIAL APPROVAL SUBMITTAL (AF FORM 3000)

Within 10 calendar days after issuance of the Notice To Proceed (NTP), or as specified on the AF Form 66, Schedule of Material Submittals, all material and articles requiring approval, as contemplated by clause 52.236-5, titled, “Materials and Workmanship Clause,” shall be submitted by the contractor using AF Form 3000, Material

Approval Submittal.

H-17 RELEASE OF CLAIMS

Upon completion of the work and prior to final payment for the contract, 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)

H-18 GUIDE SPECIFICATIONS

a. The technical specifications to be utilized during the life of the contract will be the Unified Facilities Guide

Specifications (UFGS). The contractor will be required to submit appropriate sections, with all blanks filled in and paragraphs that are not applicable deleted, of the guide specifications. The technical specifications shall be submitted in hard copy and in the current version of Microsoft Word on 3-1/2 inch floppy disk or CD-Rom.

b. Although the UFGS is comprehensive, it is not all-inclusive. The guide specifications will be supplemented, at the Government’s option, with Air Force design and construction standards, commercial and industry standard and any manufacturer specification associated with materials and supplies. (e.g., Air Force Instruction 32-1023, Air

Combat Command (ACC) Standard for interior design, Uniform Building Code, National Electric Code, National

Electric Safety Code, ANSI C2, etc.)

c. The intent of these specifications is to furnish concise industrial and/or commercial standards for maintenance, repair, and construction of Government facilities. The specifications are a requirement.

d. Supplementary Specifications: These specifications support the UFGS Construction Specification Institute (CSI)

Master Format.

H-19 PROGRESS MEETINGS

Scheduled meetings attended by designate representatives of the Government and contractor to discuss the progress of the contract. The CO will schedule these to be held on a monthly basis, or as often as required to maintain contract continuity.

H-20 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.

H-21 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 redline/blueline copy with all changes which transpired during the contract. This will be given to the Contracting Officer prior to the final inspection. A final as-build drawing with redline/blueline changes incorporated will be required prior to final payment.

H-22 CONTRACTOR STORAGE

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

H-23 HAZARDOUS MATERIALS USAGE REPORTING

Contractor shall identify and report hazardous materials, as defined by FED-STD-313D, used during the performance of this contract. This list shall include the following:

- Product name of material

- Manufacturer of material if not specified on MSDS

- Job for which the material is/was used

- Amount of material used in weight or volume

As an attachment to the report, Contractor shall provide a MSDS for each material listed. Contractor shall submit this report to the Contracting Officer before beginning performance under this contract. This initial report will provide usage estimates for each hazardous material. Thereafter, Contractor shall submit reports quarterly that contain actual usage information. The Contracting Officer will forward these reports to HAFB HazMart for hazardous material inventory tracking purposes. HazMart in consultation with HAFB CE may determine after review of the initial report that follow-on reports are not necessary.

H-24 SUPERINTENDENCE OF CONTRACT

a. Contractor shall provide individuals who can be reached 24 hours a day, 7 days a week. The individual must have authority to make decisions and take care of emergency problems if required. The Government must be given this individual’s name and phone number in the event an urgent problem or situation is encountered with one of the contractor’s projects and this individual’s immediate response is required.

b. The contractor shall have a communications system on base that will allow him/her to communicate with the contractor’s office from the project sites, allow the Government to call and e-mail the contractor’s office, and allow the Government to relay messages to or obtain answers/responses from the contractor in the field.

H-25 AREA OF PERFORMANCE

Work under this contract will be performed within the boundaries of Holloman AFB, NM, which is located on

Highway 70, 6 miles from Alamogordo, NM and federal real property within a 100-mile radius of Holloman AFB post office.

H-26 SECURITY PROCEDURES

Work that is located in a restricted area will require escorts at all times. All company employees must be able to gain access to Holloman AFB and the restricted area.

H-27 TEMPORARY STORAGE FACILITIES

Contractor use of temporary storage facilities requires prior Contracting Officer approval.

H-28 PAYROLLS

Certified Payroll Reports are required to be submitted by contractors and subcontractors on federally financed or assisted construction contracts attesting that laborers and mechanics were paid prevailing wages and fringe benefits in accordance with requirements of the Davis Bacon and Related Acts and the Copeland Anti-Kickback Act. This payroll provides for the contractor’s showing on the face of the payroll all monies to the employees, whether as basic rates or as cash in lieu of fringes.

Payroll information may be submitted in any form desired. Department of Labor (DOL) Wage Hour Form WH-

347 may be used to provide required payroll information to contracting agencies for review but is not mandatory.

An equivalent form that provides the same data and identical representation may be used. DOL Form WH-347 is available for payroll submittal purposes and may be purchased from the Superintendent of Documents, U.S.

Government Printing Office, Washington DC 20402. DOL Form WH-347 is also available electronically in PDF format at http://www.dol.gov/esa.

A Statement of Compliance is required on all payroll submissions. This Statement of Compliance is found on the backside of the DOL Form WH-347. The Statement of Compliance provides for the contractor’s representation that he/she is paying to other fringes required by the contract and not paid as cash in lieu of fringes.

The prime contractor shall submit both the prime contractor and subcontractor’s weekly payrolls within seven (7) calendar days after the regular payment date of the payroll week covered. When there has been no work accomplished during the week, by either the prime or a subcontractor who has started work, the contractor shall certify a “Statement of Nonperformance” for itself and/or its subcontractors. The final payroll submitted by both prime and subcontractor should state “FINAL” on the payroll to advise the Government no other payrolls will be received.

Subcontractor payrolls shall be provided under transmittal cover letter from the prime contractor to show their review and approval.

The contractor shall request conformance of any class of laborers or mechanics not listed in the attached wage determination but who are to be employed under the contract on Standard Form (SF) 1444, “Request for

Authorization of Additional Classification and Rate”.

A copy of the applicable Apprenticeship or Training Agreement must accompany the payroll when a worker is listed as an apprentice or trainee. Such agreement must be approved by the appropriate agency and shall identify the http://www.dol.gov/esa allowable ratio of apprentices/trainees to journeymen, the applicable rate of pay allowed, and the employee’s level of progress expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

H-29 CELL PHONE USE ON BASE

Vehicle operators on a DoD installation and operators of Government-owned vehicles will not use cell phones unless the vehicle is safely parked or unless they are using a hands-free device. The wearing of any other portable headphones, earphones, or other listening devices (except for hands-free cellular phones) while operating a motor vehicle is prohibited.

H-30 DIRECTIVE ON ILLEGAL ALIENS

Illegal Aliens are unauthorized on all ACC military installations. Contractors shall not hire an illegal alien to perform any services on Holloman AFB. Contractors that hire foreign nationals shall ensure each individual has the appropriate documentation (i.e. valid/current work permit, resident alien card, etc) to authorize them to work in the

United States. Any illegal immigrant found on the installation shall be immediately detained by base security forces and barred from the installation. Punitive/corrective actions may be taken when violations occur.

End of Statement

HAFB 005 Hazardous Material

HAFB 005 – HAZARDOUS MATERIAL, Holloman AFB Instructions ( MAY 2012)

a. In accordance with Air Force Instruction 32-7086 and Holloman AFB Instruction 32-7011, ALL material determined to be hazardous as defined by Federal Standard 313D, Paragraph 3.2, must be authorized for use via the

AF Form 3952 approval process.

b. All contractors (construction, services, and suppliers) operating on Holloman AFB will report hazardous material usage to 49 CES/CEA by providing an AF ESOH-MIS Authorization Request Worksheet and MSDS for each hazardous material. The 49 CES/CEA, Building 55, (telephone 572-3931) will determine whether tracking in the AF ESOH-MIS database is applicable.

c. The AF ESOH-MIS Authorization Request Worksheet shall be processed/completed through 49 CES/CEA

(or designated alternate location) for each material identified as hazardous PRIOR to being brought onto Holloman

AFB. Contact 49 CES/CEA five (5) business/working days in advance for support with initiating/completing the

AF ESOH-MIS Authorization Worksheet and the AF Form 3952 approval process.

d. Any material found on Holloman AFB that has not been approved shall be removed until such time as it is properly approved.

End of HAFB 005 Instructions

CLAUSES INCORPORATED BY FULL TEXT

HAFB 006 – NCIC REQUIREMENTS, Holloman AFB Special Instructions (MAY 2012)

CONTRACTOR EMPLOYEES DELIVERING TO HOLLOMAN AIR FORCE BASE

Subject to military security requirements and regulations, the Contractor may be re-routed to differing entry points at

Holloman AFB. During these periods where the Contractor may be re-routed to other entry points, the contractor will not hold the Government liable for any claims under the disputes clause of this contract/solicitation.

AFI 31-102, PHYSICAL SECURITY: July 07

All contractors will be required to screen and monitor each employee and potential employee to identify those who may pose a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population. Examples of conditions that may identify employees or potential employees as a threat to the installation include, but are not limited to, substantial misconduct, convictions or arrests for violent behavior, dishonesty or sexually aberrant behavior. Each contractor shall notify the contracting officer of any reason or condition that identifies an employee or potential employee as a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population. No contractor shall employ any employee or potential employee identified by the contractor or the contracting officer as a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population in the performance of any contract awarded by Holloman Air Force Base.

Important Notice Concerning Contractor Access to Holloman AFB, NM

Visit Access Request (VAR), Holloman AFB, NM

The contractor shall request a visitor pass for all contractor employees to gain access to Holloman AFB, NM. All employees will be briefed on and shall comply with Holloman AFB security requirements. All employees will sign the government provided consent form authorizing the U.S. Government (United States Air Force) to conduct a background check to confirm their eligibility or ineligibility to gain access to Holloman AFB, New Mexico. The

VAR will consist of employees FULL Name, Date of Birth, Social Security Number, Place of Birth and Citizenship.

The format for a Visit Access Request Form will be provided upon request. Contractors will ensure that the VAR is provided to the 49 SFS Pass and Registration Office (bldg 1) at least 7 business days prior to requested installation access for processing and 14 business days prior for foreign nationals. Foreign nationals will no longer be granted unescorted entry to the installation.

Delivery drivers will provide a bill of lading at the time of pass issuance; passes will not exceed 6 hours. Routine deliveries require the contractor add the driver(s) to a VAR to undergo the appropriate background check.

Contractor employees shall report to the 49 SFS Pass and Registration Office (bldg 1) with photo identification issued by a federal/state activity. Contractor employees requesting to operate a contractor or privately owned vehicle on the installation shall provide a valid driver’s license, current vehicle registration, and proof of current vehicle insurance or car rental agreement. Contractor personnel requesting to operate a motorcycle on Holloman

AFB shall provide proof they have completed a motorcycle safety course (i.e. motorcycle safety course certificate/card) prior to being authorized to ride on the installation.

Appeal process/instructions:

1. Base access waiver request and instructions documents (Appeal Process/Instruction): If an individual contractor was denied installation access as a result of an unfavorable background check and cross referenced with the attached matrix, the individual and contractor are advised that the individual in question, has received an unfavorable background check and that the information in the check cannot be released outside of Law Enforcement agencies. They are then advised how to obtain information concerning their record and the appeal process and provided written step-by-step instructions on how to do same (see attached Tab 5).

The process is as follows; if past criminal history is unknown: The individual must send a written request to the Federal Bureau of Investigations, Criminal Justice Information Services Division and attach an $18.00 check. Additionally, they must submit a complete set of (rolled inked fingerprint impressions), with name, date, and place of birth which can be obtained from the local police departments.

Once the individual receives the information pertaining to their background from the FBI, they must then submit a letter of memorandum explaining the negative information identified in the background check and justification as to why the decision to be denied access should be reconsidered. Furthermore, a character reference letter will be required by their immediate supervisor along with a letter from the sponsoring unit commander requesting the contractor employee be authorized access.

2. Procedures for contractors to submit access requests for pre-approval (prior to work):

Contractors are able to proceed with contractor employee installation access paperwork when given the order to proceed at the final preconstruction meeting. The final preconstruction meeting occurs 14-30 days prior to the project start date. At that time, the contractor is provided all the paperwork and instructions required for their employees to be granted installation access. The background checks are then completed by Holloman AFB (HAFB) Security Forces (SF). The background checks are completed an average of 3 business days upon receipt but will not exceed 5 business days.

3. Instructions and POCs for contractors to follow if they opt to vet their employees' criminal records with downtown law enforcement: Contractors have two options to pre-vet all their employees prior to the HAFB SF background checks. Note: If the contractor decides to pursue one of the two options below along with option A, it will not preclude the HAFB SF from completing background checks. The two options are there for contractor employee pre-hire/vetting purposes.

Option-1: They may contact the NM state police who will give them instructions and paperwork to complete. Once the paperwork is completed, the paperwork will need to be sent to Santa Fe, NM along with associated fees. From there, the NM State Police will then run a State wide background investigation and return the results. The address to send the paperwork to is included in the instructions provided by the State Police. Go to dps.nm.org to complete the authorization for release of information form.

Option-2: They may contact Alamogordo Department of Public Safety or the Otero County Sheriff's department. There is no fee associated with either of these checks. However, these checks are local only and will not provide the same results as the check conducted by the state of New Mexico (option 1) or the HAFB SF.

Option-A: E-Verify (formerly the Basic Pilot/Employment Eligibility Verification Program) is an online system operated jointly by the DHS and the SSA and can be accessed via the following web address: http://www.dhs.gov/files/programs/gc_1185221678150.shtm Participating employers can check the work status of new hires online by comparing information from an employee's I-9 form against SSA and DHS databases. E-Verify is free and voluntary, and is the best means available for determining employment eligibility of new hires and the validity of their Social Security numbers.

49SFS Access Eligibility Matrix as of 11/13/2012

ACCESS DENIED: DENIES ACCESS TO THE INSTALLATION NOT EMPLOYMENT

OFFENSE

Incident Occurred within the Past 5 yrs.

inIncident

Occurred Between

5-10 yrs.

Incident Occurred

Over 10 Years Ago

Not guilty, Insufficient Evidence, Deferred Disposition, etc… Unescorted Entry Unescorted Entry Unescorted Entry

Possesion of Narcotics Less Than

One Gram Unescorted Entry Unescorted Entry Unescorted Entry

Vehicle Violations Unescorted Entry Unescorted Entry Unescorted Entry

Public Intoxication Unescorted Entry Unescorted Entry Unescorted Entry

Harassment Unescorted Entry Unescorted Entry Unescorted Entry

Embezzlement Unescorted Entry Unescorted Entry Unescorted Entry

Battery Escort Required Unescorted Entry Unescorted Entry

Child abuse Escort Required Unescorted Entry Unescorted Entry

Assault Escort Required Unescorted Entry Unescorted Entry

Damage to Private Property Escort Required Unescorted Entry Unescorted Entry

Failure to Identify Fugitive from

Justice Escort Required Unescorted Entry Unescorted Entry

Possession of Stolen Property Escort Required Unescorted Entry Unescorted Entry

Eleuding Authorities/Evading Arrest Escort Required Unescorted Entry Unescorted Entry

Negligent Dishcharge of a Firearm Escort Required Unescorted Entry Unescorted Entry

Probation Violation Escort Required Unescorted Entry Unescorted Entry http://www.dhs.gov/files/programs/gc_1185221678150.shtm

Possession/Distribution Escort Required Unescorted Entry Unescorted Entry

Forgery/Fraud Escort Required Unescorted Entry Unescorted Entry

Theft/Burglary Escort Required Unescorted Entry Unescorted Entry

Assualting and Officer Escort Required Unescorted Entry Unescorted Entry

DWI/DUI conviction (**No Driving for first year from date of conviction.**)

Escort Required

(See note bleow)

Unescorted Entry Unescorted Entry

Identity Theft Escort Required Unescorted Entry Unescorted Entry

Weapons Violation Escort Required Escort Required Unescorted Entry

Counterfiet Money Escort Required Escort Required Unescorted Entry

Possession of Gambling Device Escort Required Escort Required Unescorted Entry

Harassment through Telephone Escort Required Escort Required Unescorted Entry

False Imprisonment Escort Required Escort Required Unescorted Entry

Assault on a Family Member

(habitual offender) Escort Required Escort Required Escort Required

Tampering with Govenrment

Documents Escort Required Escort Required Escort Required

Street Robbery Access Denied Escort Required Unescorted Entry

Aggraveted Assault Access Denied Escort Required Unescorted Entry

Aggravated Burglary Access Denied Escort Required Unescorted Entry

Multiple counts of Dangerous Drugs Access Denied Escort Required Unescorted Entry

Alien Smuggling Access Denied Escort Required Unescorted Entry

Contribution to the Delinquency of a Minor Access Denied Escort Required Unescorted Entry

Unlawful Possession of a Firearm Access Denied Escort Required Unescorted Entry

Carrying of a Conceald Weapon Access Denied Escort Required Unescorted Entry

Multiple counts of Forgery Access Denied Escort Required Unescorted Entry

Child Endangerment, Domestic

Abuse, Criminal Endangerment Access Denied Escort Required Escort Required

Grand Theft Auto Access Denied Escort Required Escort Required

OFFENSE

Incident Occurred within the Past 5 yrs.

inIncident

Occurred Between

5-10 yrs.

Incident Occurred

Over 10 Years Ago

Terroristic Threats Access Denied Access Denied Access Denied

Trafficking/Importation of Illegal

Substance Access Denied Access Denied Access Denied

Assault with a Deadly Weapon Access Denied Access Denied Access Denied

Armed Robbery Access Denied Access Denied Access Denied

Habitual Drug Offender Access Denied Access Denied Access Denied

Inciting Riot Access Denied Access Denied Access Denied

Peeping Tom Activities Access Denied Access Denied Access Denied

Murderous Intents Access Denied Access Denied Access Denied

Any Active Warrants Access Denied Access Denied Access Denied

Any Felony Pending Charges or

Convictions Access Denied Access Denied Access Denied

Homicide Access Denied Access Denied Access Denied

Any Sexual Offenses Access Denied Access Denied Access Denied

Unlawful Bomb Scares Access Denied Access Denied Access Denied Any Unconfirmed SSN Access Denied Access Denied Access Denied

Manufacturing & Selling Deadly

Weapons Access Denied Access Denied Access Denied

Vehicular Homicide/Murder Access Denied Access Denied Access Denied

Involuntary/Vehicular Manslaughter Access Denied Access Denied Access Denied

Note: Individuals with a DWI/DUI convition within the past 5 years may be granted unescorted entry, however, they will not be granted base driving privileges

All individuals who are Denied Access to HAFB can appeal their entry status. The individual will receive an appeal process briefing and documentation from a member of the HAFB Welcome Center Staff. Once the appeal has been reviewed, installation entry will be determined on a case by case basis.

I.A.W. AFI 31-101 ACC Sup I

2.4.3.1.6.1. (Added-ACC) Unescorted visitors must produce a valid government issued picture credential prior to being granted entry. This is to verify their identity as the sponsored person.

2.4.3.1.5. (Added-ACC) The following supplemented guidance further clarifies para 2.4.3.1. Proper Escort within ACC means the visitor is within reasonable control of the escort: for example they are in the same vehicle, staying in the same quarters, working in the same facility, group size is small enough for the escort to keep track of all members of the group, etc. Visitors who will not remain within reasonable control of the escort are not under escort and must meet rules for unescorted visitor entry. DOD, or other federal, state or local government credentials must contain a picture to be considered valid. Telephone vouching is prohibited for visitors requiring proper escort.

End of HAFB 006 Instructions

HAFB 007 – NEW MEXICO GROSS RECEIPTS TAX (NMGRT) Holloman AFB Special Instructions (May

2012)

a. The State of New Mexico assesses a Gross Receipts Tax for firms conducting business operation within the State without regard to the location of entity. You are advised that services and all construction materials and the associated services are taxable to governmental entities for gross receipts purposes. Any proposals/bids received will be presumed to include this cost of business and any request for adjustment or proposed/bid prices as a mistake in proposal/bid either before or after award of a contract will not be considered.

b. The tax rate applicable to a particular contractor (for work completed on Holloman Air Force Base) is based on the type of work performed and place of business (Out-of-State companies versus NM companies). New Mexico

Taxation and Revenue Department publication FYI-200, Your business Location and the Appropriate Tax Rate, explains the methods of determining the business location and the applicable tax rate, and is available on the Internet at http://www.tax.newmexico.gov. Search for Gross Receipts... and select "Taxation and Revenue, Gross Receipts

Taxes" when it's displayed or click the link for All Taxes and follow the Gross Receipts Tax links.

c. Appropriate tax and registration forms are available at the web site above.

d. Offerors/bidders are expected to be knowledgeable of the Gross Receipts and Compensating Tax Act for the

State of New Mexico. Further information may be obtained from:

State of New Mexico…