Solicitation_FA4801-12-R-0005_-_Holloman_SABER.doc

Section B - Supplies or Services and Prices

Base Year: Construction, DBTO/BTO

FFP

SABER Design/Build Task Order (DBTO)/Build Task Order (BTO): Base Year Period - AWARD DATE THROUGH 31 July 2014. ENTER COEFFICIENTS IN THE APPROPRIATE SPACE IN "SCHEDULE B" (below). All work shall conform to the requirements of the basic contract Statement of Work (SOW), and the SOW issued with each task order.

FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

Base Year: Construction, PSTO

SABER Project Scoping Task Order (PSTO): Base Year Period - AWARD DATE THROUGH 31 July 2014. ENTER FIRM FIXED PRICE IN THE APPROPRIATE SPACE IN "SCHEDULE B" (below). All work shall conform to the requirements of the basic contract Statement of Work (SOW), and the SOW issued with each Task Order. If the "build" portion of any project scoped under this CLIN becomes funded, then a Build Task Order (BTO) will be issued. If such a Task Order is issued, then the full amount of this PSTO will be credited back to the Government on the BTO.

MAX

Mobilization

This CLIN shall be Task Order 0001 and shall be awarded concurrently with award of the basic SABER contract. It satisfies the guaranteed contract minimum. The contractor shall execute it's proposed staffing plan and provide copies of the Unit Pricing Guide as specified in the Statement of Work. Upon issuance of the first DBTO under this contract the entire amount of this CLIN shall be credited back to the Government.

NET AMT

FFP

SABER Design/Build Task Order (DBTO)/Build Task Order (BTO): Option Year 1 - 1 AUG 2014 THROUGH 31 JULY 2015. ENTER COEFFICIENTS IN THE APPROPRIATE SPACE IN "SCHEDULE B" (below). All work shall conform to the requirements of the basic contract Statement of Work (SOW), and the SOW issued with each task order.

MAX

FFP

SABER Project Scoping Task Order (PSTO): Option Year 1 - 1 AUG 2014 THROUGH 31 JULY 2015. ENTER FIRM FIXED PRICE IN THE APPROPRIATE SPACE IN "SCHEDULE B" (below). All work shall conform to the requirements of the basic contract Statement of Work (SOW), and the SOW issued with each Task Order. If the "build" portion of any project scoped under this CLIN becomes funded, then a Build Task Order (BTO) will be issued. If such a Task Order is issued, then the full amount of this PSTO will be credited back to the Government on the BTO.

MAX

FFP

SABER Design/Build Task Order (DBTO)/Build Task Order (BTO): Option Year 2 - 1 AUG 2015 THROUGH 31 JULY 2016. ENTER COEFFICIENTS IN THE APPROPRIATE SPACE IN "SCHEDULE B" (below). All work shall conform to the requirements of the basic contract Statement of Work (SOW), and the SOW issued with each task order.

MAX

FFP

SABER Project Scoping Task Order (PSTO): Option Year 2 - 1 AUG 2015 THROUGH 31 JULY 2016. ENTER FIRM FIXED PRICE IN THE APPROPRIATE SPACE IN "SCHEDULE B" (below). All work shall conform to the requirements of the basic contract Statement of Work (SOW), and the SOW issued with each Task Order. If the "build" portion of any project scoped under this CLIN becomes funded, then a Build Task Order (BTO) will be issued. If such a Task Order is issued, then the full amount of this PSTO will be credited back to the Government on the BTO.

MAX

FFP

SABER Design/Build Task Order (DBTO)/Build Task Order (BTO): Option Year 3 - 1 AUG 2016 THROUGH 31 JULY 2017. ENTER COEFFICIENTS IN THE APPROPRIATE SPACE IN "SCHEDULE B" (below). All work shall conform to the requirements of the basic contract Statement of Work (SOW), and the SOW issued with each task order.

MAX

FFP

SABER Project Scoping Task Order (PSTO): Option Year 3 - 1 AUG 2016 THROUGH 31 JULY 2017. ENTER FIRM FIXED PRICE IN THE APPROPRIATE SPACE IN "SCHEDULE B" (below). All work shall conform to the requirements of the basic contract Statement of Work (SOW), and the SOW issued with each Task Order. If the "build" portion of any project scoped under this CLIN becomes funded, then a Build Task Order (BTO) will be issued. If such a Task Order is issued, then the full amount of this PSTO will be credited back to the Government on the BTO.

MAX

FFP

SABER Design/Build Task Order (DBTO)/Build Task Order (BTO): Option Year 4 - 1 AUG 2017 THROUGH 31 JULY 2018. ENTER COEFFICIENTS IN THE APPROPRIATE SPACE IN "SCHEDULE B" (below). All work shall conform to the requirements of the basic contract Statement of Work (SOW), and the SOW issued with each task order.

MAX

FFP

SABER Project Scoping Task Order (PSTO): Option Year 4 - 1 AUG 2017 THROUGH 31 JULY 2018. ENTER FIRM FIXED PRICE IN THE APPROPRIATE SPACE IN "SCHEDULE B" (below). All work shall conform to the requirements of the basic contract Statement of Work (SOW), and the SOW issued with each Task Order. If the "build" portion of any project scoped under this CLIN becomes funded, then a Build Task Order (BTO) will be issued. If such a Task Order is issued, then the full amount of this PSTO will be credited back to the Government on the BTO.

MAX

SCHEDULE B

SCHEDULE B

COEFFICIENTS, DEMO PROJECT PRICES and SCOPING PRICES

I. COEFFICIENTS.

“Coefficient” means a numerical factor that represents costs (generally indirect costs) not considered to be included in “Unit Price Book” unit prices (e.g., general and administrative and other overhead costs, insurance costs, bonding and alternative payment protection costs, protective clothing, equipment rental, sales tax and compliance with tax laws, and also contractor’s profit). Contingencies such as changes in wage rates and the effect of inflation in option years are also covered in the coefficient (there is NO economic price adjustment in this contract). See statement of Work paragraph 2.1.1 for a more detailed description of the coefficient. Coefficients proposed by offerors are multiplied times the unit prices in the Unit Price Book to price a job or project on individual orders. The coefficient(s) proposed by the offeror and accepted by the Government are incorporated in the SABER.

The following coefficients will be in effect for the life of the contract, inclusive of option years.

Simplified Acquisition of Base Engineering Requirements (SABER): Provide all necessary resources to perform all work required and complete in strict compliance with the specifications and terms and conditions of the contract and any resulting task orders. Work will consist of multi-discipline construction projects involving repair, alteration, or new construction of real property at Holloman AFB (HAFB), NM and federal real property within a 60-mile radius of HAFB post office. All work shall conform with the requirements of the Statement of Work and all contract specifications including providing all materials, labor, plantS, tools, equipment, transportation, supervision, management, and other services (including engineering/technical design support, for design-build only), items, and incidentals necessary thereto.

Provide Coefficient Percentage for the Base and Option Years: Date of award through 30 Jun 2018 in the space below.

DESCRIPTION

COEFFICIENT PERCENTAGE

Base Year Period – AWARD DATE THROUGH 30 JUN 2014

STANDARD HOURS: Multi-discipline Construction Work at Holloman AFB, NM in accordance with the Basic SABER Statement of Work and the Statement of Work specified in the individual task orders issued against this contract.

NON-STANDARD/RESTRICTED AREA WORK HOURS: Multi-discipline Construction Work at Holloman AFB, NM in accordance with the Basic SABER Statement of Work and the Statement of Work specified in the individual task orders issued against this contract.

Option Year 1 – 1 JUL 2014 THROUGH 30 JUN 2015

STANDARD HOURS: Multi-discipline Construction Work at Holloman AFB, NM in accordance with the Basic SABER Statement of Work and the Statement of Work specified in the individual task orders issued against this contract.

NON-STANDARD/RESTRICTED AREA WORK HOURS: Multi-discipline Construction Work at Holloman AFB, NM in accordance with the Basic SABER Statement of Work and the Statement of Work specified in the individual task orders issued against this contract.

Option Year 2 – 1 JUL 2015 THROUGH 30 JUN 2016

STANDARD HOURS: Multi-discipline Construction Work at Holloman AFB, NM in accordance with the Basic SABER Statement of Work and the Statement of Work specified in the individual task orders issued against this contract.

NON-STANDARD/RESTRICTED AREA WORK HOURS: Multi-discipline Construction Work at Holloman AFB, NM in accordance with the Basic SABER Statement of Work and the Statement of Work specified in the individual task orders issued against this contract.

Option Year 3 – 1 JUL 2016 THROUGH 30 JUN 2017

STANDARD HOURS: Multi-discipline Construction Work at Holloman AFB, NM in accordance with the Basic SABER Statement of Work and the Statement of Work specified in the individual task orders issued against this contract.

NON-STANDARD/RESTRICTED AREA WORK HOURS: Multi-discipline Construction Work at Holloman AFB, NM in accordance with the Basic SABER Statement of Work and the Statement of Work specified in the individual task orders issued against this contract.

Option Year 4 – 1 JUL 2017 THROUGH 30 JUN 2018

STANDARD HOURS: Multi-discipline Construction Work at Holloman AFB, NM in accordance with the Basic SABER Statement of Work and the Statement of Work specified in the individual task orders issued against this contract.

NON-STANDARD/RESTRICTED AREA WORK HOURS: Multi-discipline Construction Work at Holloman AFB, NM in accordance with the Basic SABER Statement of Work and the Statement of Work specified in the individual task orders issued against this contract.

Standard Hours: The contractor shall perform any or all functions as required under this contract during standard working days of Monday through Friday, with the exception of Federal holidays. Standard working hours at Holloman Air Force Base are 7:00 am through 4:00 pm.

The contractor may elect, at his option, to work days/hours other than the normal working days/hours provided that: a) the request is submitted to and approved by the Contracting Officer; b) such hours will be considered/priced as performed during standard working days/hours.

Non-Standard/Restricted Area Work Hours: Non-standard/Restricted Area work days/hours are those days/hours specified in the individual task orders issued against this contract. Items or work to be accomplished during non-standard/restricted area work hours will be clearly identified in the contractor technical/cost proposal, indicating justification for the request. Non-standard/restricted area work hours, worked without the express approval of the Contracting Officer, will be at the pricing coefficients applied for standard hours. Contractor may not seek reimbursement for non-standard/restricted area work hours, if that work was accomplished during standard working hours.

Each offeror must submit coefficients as indicated above. These coefficients will be in effect for the life of the contract. These coefficients are used by the Government to determine the price of work for each task on the individual task orders. The standard and non-standard/restricted area work hour coefficients and lot pricing for proposal development fees are used by the Government to determine the price of work for each subsequent task order.

The prices established in the RSMEANS® database bare costs column (which means no markup for overhead and profit (O&P)), will be multiplied by the contractor’s coefficient on each subsequent task order to arrive at an actual price for a build or construction effort. The coefficients shall be represented as “net”, a “decrease from” or an “increase to” the prices listed in RSMEANS®. An offer of “net” would be represented as “1.0”. An example of a decrease from the prices in RSMEANS® would be “0.97”. An example of an increase above the prices represented in RSMEANS® would be “1.11”. RSMEANS® will be the Unit Price Book for the resulting contract.

The RSMEANS® Company updates their database yearly. RSMEANS® updates to pricing will become effective for project proposals at the time of exercise of option or extension of services.

The coefficient proposed will apply to each classification of work specified in the Statement of Work for each task order.

The coefficient factor must be sufficient to cover all costs not identified in RSMEANS and profit. No allowance will be made after contract award.

Any change in the applicable hourly rate of wages during the contract period shall not affect the unit price to be paid by the Government for work performed under this contract. The current Davis Bacon Wage Determinations will be included with the exercise of each option.

MINIMUM ORDER. WHEN THE GOVERNMENT REQUIRES SUPPLIES OR SERVICES COVERED BY THIS CONTRACT IN AN AMOUNT OF LESS THAN $2,000.00, THE GOVERNMENT IS NOT OBLIGATED TO PURCHASE, NOR IS THE CONTRACTOR OBLIGATED TO FURNISH, THOSE SUPPLIES OR SERVICES UNDER THE CONTRACT.

MAXIMUM ORDER. THE CONTRACTOR IS NOT OBLIGATED TO HONOR: (1) ANY ORDER FOR A SINGLE ITEM IN EXCESS OF $3,000,000; (2) ANY ORDER FOR A COMBINATION OF ITEMS IN EXCESS OF $3,000,000; OR (3) A SERIES OF ORDERS FROM THE SAME ORDERING OFFICE WITHIN 30 DAYS THAT TOGETHER CALL FOR QUANTITIES EXCEEDING THE LIMITATION IN SUBPARAGRAPH (1) OR (2) ABOVE.

GUARANTEED MINIMUM CONTRACT AMOUNT FOR RESULTANT CONTRACT IS $2,000 OVER THE LIFE OF THE CONTRACT.

ESTIMATED MAXIMUM TOTAL CONTRACT AMOUNT: ESTIMATED $9,000,000 ANNUALLY, ESTIMATED $45,000,000 FOR THE LIFE OF THE CONTRACT, INCLUSIVE OF OPTIONS.

II. DEMONSTRATION PROJECT PRICING SHEET.

In addition to filling in its coefficient rates in the blanks above, the contractor shall apply those rates to the demonstration project proposal by filling in this “Demonstration Project Pricing Sheet.” The offeror shall calculate the amounts to fill in by multiplying its prepriced proposal for the Demonstration Project (i.e., the sum of all direct cost elements derived from the Unit Pricing Guide) for each contract year, times the standard coefficient and then multiplying the prepriced proposal again using the non-standard coefficient instead of the standard coefficient. These prices shall also become contractually binding.

PRE-PRICED PRPOSAL AMOUNT

COEFFICIENT RATE

TOTAL PRICE

Base Year Period – using STANDARD Coefficient x _________________ = _________________________

Base Year Period – using NON-STANDARD Coefficient x _________________ = _________________________

Option Year 1 – using STANDARD Coefficient x _________________ = _________________________

Option Year 1 – using NON-STANDARD Coefficient x _________________ = _________________________

Option Year 2 – using STANDARD Coefficient x _________________ = _________________________

Option Year 2 – using NON-STANDARD Coefficient x _________________ = _________________________

Option Year 3 – using STANDARD Coefficient x _________________ = _________________________

Option Year 3 – using NON-STANDARD Coefficient x _________________ = _________________________

Option Year 4 – using STANDARD Coefficient x _________________ = _________________________

Option Year 4 – using NON-STANDARD Coefficient x _________________ = _________________________

III. SCOPING PRICES.

The following FIRM FIXED PRICES for project scoping will be in effect for the life of the contract, inclusive of option years.

CLIN 0002: Base Year Period – AWARD DATE THROUGH 30 JUN 2014

PROJECT SCOPING: Project Scoping Task Orders (PSTO) for multi-discipline Construction Work at Holloman AFB, NM in accordance with the Basic SABER Statement of Work and the Statement of Work specified in the individual task orders issued against this contract. Firm Fixed Price for Base Year Period:

CLIN 1002: Option Year 1 – 1 JUL 2014 THROUGH 30 JUN 2015

PROJECT SCOPING: Project Scoping Task Orders (PSTO) for multi-discipline Construction Work at Holloman AFB, NM in accordance with the Basic SABER Statement of Work and the Statement of Work specified in the individual task orders issued against this contract. Firm Fixed Price for Option Year 1:

CLIN 2002: Option Year 2 – 1 JUL 2015 THROUGH 30 JUN 2016

PROJECT SCOPING: Project Scoping Task Orders (PSTO) for multi-discipline Construction Work at Holloman AFB, NM in accordance with the Basic SABER Statement of Work and the Statement of Work specified in the individual task orders issued against this contract. Firm Fixed Price for Option Year 2:

CLIN 3002: Option Year 3 – 1 JUL 2016 THROUGH 30 JUN 2017

PROJECT SCOPING: Project Scoping Task Orders (PSTO) for multi-discipline Construction Work at Holloman AFB, NM in accordance with the Basic SABER Statement of Work and the Statement of Work specified in the individual task orders issued against this contract. Firm Fixed Price for Option Year 3:

CLIN 4002: Option Year 4 – 1 JUL 2017 THROUGH 30 JUN 2018

PROJECT SCOPING: Project Scoping Task Orders (PSTO) for multi-discipline Construction Work at Holloman AFB, NM in accordance with the Basic SABER Statement of Work and the Statement of Work specified in the individual task orders issued against this contract. Firm Fixed Price for Option Year 4:

ATTENTION OFFEROR: INSERT NO PRICING INFORMATION BELOW THIS LINE.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,000.00

$45,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$2,000.00

$3,000,000.00

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

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

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

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

30-JUN-2014

MICHAEL S. MCBRIDE

550 TABOSA AVENUE

BLDG 55

HOLLOMAN AFB NM 88330

575-572-5832

F2E3CR

30-JUN-2014

F2E3CR

30-JUN-2014

F2E3CR

30-JUN-2015

F2E3CR

30-JUN-2015

F2E3CR

30-JUN-2016

F2E3CR

30-JUN-2016

F2E3CR

30-JUN-2017

F2E3CR

30-JUN-2017

F2E3CR

30-JUN-2018

F2E3CR

30-JUN-2018

F2E3CR

CLAUSES INCORPORATED BY REFERENCE

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 ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than final acceptance date. The time stated for completion shall include final cleanup of the premises.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount stated on individual task orders, or if no amount is stated in the task order, then the contractor shall pay $216.47 for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

Section G - Contract Administration Data

PAYMENT AND SUBMISSION

a. The contractor will be required to transmit invoices/payment requests electronically via Wide Area Work Flow-Receipt and Acceptance(WAWF-RA). WAWF-RA is in full implementation and is required for monthly submission of invoices (See DFARS 252.232-7003).

b. Payments will be made electronically on a ‘monthly’ basis. The Government will verify the percentage of work completed prior to the Contracting Officer’s approval of payment.

c. Progress payments will be based on the last verified, approved progress report. If a variance exists between the contractor’s and the Government’s estimate, the contractor will be given the opportunity to support their position. If the additional information is inadequate or incorrect, the invoice will be rejected in WAWF and the contractor will have to resubmit in WAWF. A maximum progress payment rate for DoD contracts, including contracts that contain foreign military sales (FMS) requirements is 95 percent for small disadvantaged business concerns (DFARS 232.501-1).

d. Final payment will be for the remaining 5 percent and will not be approved for payment until after contract completion (including clean up, submission of final warranties, payrolls, correction of all punch list items and all other documents as required under the terms and conditions of this contract) and final acceptance of the project from the Contracting Officer.

e. Final payment request(s) will be treated as percentage of work completed and accepted, and must have a ‘Release of Claims’ to be submitted to the Contracting Officer prior to final invoice preparation. Invoices under this contract are in accordance with FAR 52.232-5, Payments under Fixed-Price Construction Contracts and FAR clause 52.232-27, Prompt Payment for Construction Contracts.

CLAUSES INCORPORATED BY REFERENCE

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

(End of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

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

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

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

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

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

(b) The Contractor shall--

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

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

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

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

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

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of task orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 Aug 2013 through 30 Aug 2018.

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

(c) If mailed, a task 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.

(d) 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 a $2,000 task order for “mobilization.” The contractor will mobilize and invoice the Government. The contractor will then credit the invoiced amount back to the Government on the contractor’s next task order.

(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 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

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

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

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

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

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 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 the last active task order.

(End of clause)

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

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

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

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

(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 49th 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 49th 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 49th Contracting Squadron.

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 awarded contractor will notify the 49th Contracting Squadron Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

52.222-54 Employment Eligibility Verification (JUL 2012)

(a) Definitions. As used in this clause--Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply that is--

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

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

(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products. Per 46 CFR 525.1(c)(2), ``bulk cargo'' means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

Employee assigned to the contract means an employee who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee--

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

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

United States, as…