Revised 9 Apr 09 Solicitation.doc

FA4809-09-R-0008

Revised, Amendment 0001, Dated 09 Apr 09

Section B - Supplies or Services and Prices

BASE YEAR

FFP

All work required to remove existing coating and apply new coating.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

PROJECT: VKAG091301

SIGNAL CODE: A

MAX

NET AMT

BASE YEAR

All work required to replace damaged joints.

FOB: Destination

MILSTRIP: F3T3CE9051A002

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

BASE YEAR

All work required to remove lead based paint.

FOB: Destination

MILSTRIP: F3T3CE9051A003

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

BASE YEAR

All work required to paint lines on Hangar Floors.

FOB: Destination

MILSTRIP: F3T3CE9051A004

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

BASE YEAR

All work required to repair spalls and cracks.

FOB: Destination

MILSTRIP: F3T3CE9051A005

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

BASE YEAR

All work required to paint miscellaneous text on floors.

FOB: Destination

MILSTRIP: F3T3CE9051A006

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

BASE YEAR

All work required to paint "Restricted Area" signs on hangar floors.

FOB: Destination

MILSTRIP: F3T3CE9051A007

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

BASE YEAR

All work required to paint "Hangar Door Striping" signs on hangar floors.

FOB: Destination

MILSTRIP: F3T3CE9051A008

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to remove existing coating and apply new coating.

FOB: Destination

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to replace damaged joints.

FOB: Destination

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to remove lead based paint.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to paint lines on Hangar Floors.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to repair spalls and cracks.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to paint miscellaneous text on floors.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to paint "Restricted Area" signs on hangar floors.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to paint "Hangar Door Striping" signs on hangar floors.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to remove existing coating and apply new coating.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to replace damaged joints.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to remove lead based paint.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to paint lines on hangar floors.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to repair spalls and cracks.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to paint miscellaneous text on floors.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to paint "Restricted Area" signs on hangar floors.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to paint "Hangar Door Striping" signs on hangar floors.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to remove existing coating and apply new coating.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to replace damaged joints.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to remove lead based paint.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to paint lines on hangar floors.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to repair spalls and cracks.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to paint miscellaneous text on floors.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to paint "Restricted Area" signs on hangar floors.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

FFP

All work required to paint "Hangar Door Striping" signs on hangar floors.

FOB: Destination

MILSTRIP: F3T3CE9051A001

PURCHASE REQUEST NUMBER: F3T3CE9051A001

MAX

NOTES

NOTE1: Failure to complete the Section B - Supplies or Services, Pages 3 -18 in its entirety may render your proposal un-awardable and may result in the offer being rejected. Include unit price and extended amount for each base year and each option year item.

NOTE 2: Offeror’s attention is invited to the insurance requirement contained in this solicitation, Section H, Special Contract Requirements H-6. Evidence of required coverage for the prime contractor must be furnished prior to beginning work.

NOTE 3: Offeror’s attention is invited to Section F, Clause 52.211-12, entitled “Liquidated Damages—Construction.”

NOTE 4: Any reference to any equipment, material, article, or patented process by trade name, make or catalog number shall be regarded as establishing a standard of quality only.

B-1.

CLAUSES AND PROVISIONS

(a) Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

(b) Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order.

(c ) Sections K, L and M will be physically removed from any resultant award, but will be deemed to be incorporated, by reference, in that award.

Section C - Descriptions and Specifications C-1

SPECIFICATIONS, STANDARDS AND DRAWINGS

(IAW FAR 11.201)

Specifications and drawings are listed in Section J as attachments.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

E-1 DESIGNATION OF GOVERNMENT INSPECTOR: The Base Civil Engineer or his authorized representative is designated as the representative of the contracting officer for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This designation in no way authorizes anyone other than the contracting officer to commit the Government to changes in the terms of the contract.

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY FULL TEXT

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $317.97 for the first day of delay and $192.97 for each subsequent 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)

OBSERVED HOLIDAYS

The following Federal Legal Holidays are observed by this base:

New Year's Day

1 January

Martin Luther King's Birthday

Third Monday in January

President's Day

Third Monday in February

Memorial Day

Last Monday in May

Independence Day

4 July

Labor Day

First Monday in September

Columbus Day

Second Monday in October

Veterans Day

11 November

Thanksgiving Day

Fourth Thursday in November

Christmas Day

25 December

NOTE: "Any of the above holidays falling on a Saturday will be observed the preceding Friday, holidays falling on a Sunday will be observed on the following Monday."

Section G - Contract Administration Data G-1

PAYMENT

SEE DFAR CLAUSES 252.232-7003, Electronic Submission of Payment Requests and 252.246-7000, Material Inspection and Receiving Report. The contractor shall submit payment requests using Wide Area WorkFlow-Receipt and Acceptance (WAWF-RA).

Payment will be made by: DFAS-FVD/LI

27 Arkansas Road, Suite 201

Limestone ME 04751-1500

In accordance with the Payments Under Fixed-Price Construction Contracts, FAR 52.232-5 and Prompt Payment for Construction Contracts, FAR 52.232-27, the contractor shall ensure the following have been accomplished and provided to the contracting office before submission of invoices: an approved progress report, sales tax report, payrolls, Standard Form(s) 1413, subcontractor pay data, and release of claims (if applicable). Invoices are not proper for payment and shall not be paid without the above having been accomplished.

The following link is provided as a useful tool for understanding WAWF:

http://www.dod.mil/dfas/contractorpay/electroniccommerce/ECToolBox.html G-2

CONTRACT ADMINISTRATION

Contract administration of any resultant contract will be performed by the following:

4TH CONTRACTING SQUADRON/LGCA-A

1695 WRIGHT BROTHERS AVENUE

SEYMOUR JOHNSON AFB NC 27531-2459

TELEPHONE (919) 722-5409

Section H - Special Contract Requirements

SECTION H

H-1 Preparation of Progress Schedules and Reports

The reports contemplated by the clause titled “Schedules for Construction Contracts” shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report. The AF Form 3064 shall be provided to the Contracting Office not later than 15 calendar days after issuance of the Notice to Proceed.

H-2 Material Approval Submittal Form (AF Form 3000)

The contractor AF Form 3000, as contemplated by the Materials and Workmanship Clause, shall submit all material and articles requiring approval. (See attached AF Form 66, Schedule of Materials Submittals). In addition the contractor is reminded that an individual within the company who has the authority to make the certification must sign the certification on the AF Form 3000.

H-3 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. The contractor is responsible for installing temporary service outlets, as necessary, and charges will be made in accordance with the clause entitled “Availability and Use of Utility Services” (Contract Clause 52.236-14). The following utility will be available: Electricity and Water.

H-4 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 blueline copy with all changes which transpired during the contract. This will be given to the Contracting Officer prior to the final inspection.

H-5 Hurricane Season

Hurricane season for the state of North Carolina is normally the period from 1 June through 30 November. During an actual hurricane condition, you may be contacted by this office and requested to secure equipment and clean up your work area. In accordance with contract clauses FAR 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvement, and FAR 52.236-12, Cleaning Up, request you keep this in mind and maintain your work area free of debris and in a safe and secure condition at the completion of each workday, with particular care during the hurricane season.

H-6 Required Insurance

Reference 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.

a. 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 of $100,000.

b. 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.

c. 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-7 RESERVED

H-8 Telegraphic and Telefax Bids/Amendments

Telegraphic and telefax offers are not acceptable. Offerors may telefax changes to their offers to 919-722-5424. The change must arrive at the place specified in the solicitation prior to the time set for receipt of offers. Changes received after this time will not be considered.

H-9 On-Site Office Trailers and Storage Trailers/Facilities

a. The Contracting Officer will designate the exact location for the contractor’s storage area. Upon Contracting Officer’s approval, buildings and structures, which are part of the contract, may be used for storage provided the space is not required for occupancy and the contractor accepts full responsibility for storage therein.

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

H-10 On-Line Representations and Certifications Application (ORCA) (Annual Representations and Certifications)

a. All offerors in response to this solicitation shall complete electronic annual representations and certifications at http://www.bpn.gov/orca in conjunction with required registration in the Central Contractor Registration (CCR) database. (See Section K for additional applicable solicitation-specific representations and certifications).

b. Prospective contractors shall update the representations and certifications submitted to ORCA as necessary, but at least annually, to ensure they are kept current, accurate, and complete. The representations and certifications are effective until one year from date of submission or update to ORCA.

H-11.

BONDS

Performance and Payment Bonds/Alternative Payment Protection. The contractor shall be required to furnish a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25-A), each with good and sufficient surety or sureties, acceptable to the Government for each task order exceeding $100,000 within 14 calendar days after task order award. Payment protection shall be required for task orders between $25,000 and $100,000. The contractor may use alternate payment protection for task orders between $25,000 and $100,000.

NOTE: A Notice to Proceed will not be issued and no work shall begin until good and sufficient surety has been received and accepted by the Contracting Officer.

H-12. ALTERNATE PAYMENT PROTECTION

For task orders between $25,000 and $100,000 the contractor shall provide one of the following alternative payment protections (IAW FAR 52.225-13):

(1) Payment Bond

(2) Irrevocable Letter of Credit (ILC)

H-13.

RESERVED

H-14.

The contractor shall ensure all employees working on Seymour Johnson Air Force Base possess proper identification and/or citizenship documentation. Under the Immigration and Nationality Act (INA), employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired (Ref: U. S. Department of Labor: @ http://www.dol.gov/compliance/guide/aw.htm ).

Note: Contractor Labor Awareness Meetings (CLAMs) will be held approximately semi-annually at Seymour Johnson AFB, NC. The contractor will be advised of CLAM meetings in order that the contractor or his designated representative may attend.

Section I - Contract Clauses

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 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 the performance period cited on each task order.

(End of clause)

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)

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through 365 calendar days after award for Base Year.

(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 $3,000.00, 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 $500,000.00

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

(3) A series of orders from the same ordering office within one (1) 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 5 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 completion date among all remaining open task orders.

(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 54 months.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUNE 2007)

(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.

(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 exercise date specified in the contract for 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/services/contractingopportunities/sizestandardstopics/.

(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 they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, 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 238330- assigned to contract number .

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

(End of clause)

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 percentage of post-consumer material content; and

(2) Submit this estimate to 4th Contracting Squadron, 1695 Wright Brothers Avenue, Seymour Johnson AFB, NC 27531-2459.

(End of clause)

52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

(a) Definition. Ozone-depleting substance, as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

“WARNING: Contains (or manufactured with, if applicable), a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.”----------------------------

The Contractor shall insert the name of the substance(s).

(End of clause4)

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (JAN 2005)

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

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

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

Cost of components means--

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

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

Domestic construction material means--

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

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

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

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

(b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows: NONE

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

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

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

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

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) \1\

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

(End of clause)

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) RESERVED

(b) Weather conditions, Seymour Johnson AFB NC

PERIOD OF RECORD 30 YEARS

(i) RAINFALL

AVG RAIN DAYS

AVG RAINFALL

AVG SNOWFALL

DAYS PER MONTH IN

PER MONTH IN

PER MONTH

INCHES

INCHES

JAN

4.13

FEB 09

3.78

MAR

4.19

APR

2.98

TRACE

MAY

3.52

JUN

4.4

JUL

6.82

AUG

5.38

SEP

4.63

OCT

2.65

NOV

3.13

TRACE

DEC

3.45

(ii) TEMPERATURE

AVG DAYS PER

MONTH MIN.

MONTH MAX.

MONTH MEAN

TEMPERATURE

IS LESS THAN 50F

JAN

FEB

MAR

ARP

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

(c) RESERVED

(d) RESERVED

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/far1toc.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfar1toc.htm http://farsite.hill.af.mil/VFafmca.htm (End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of anyDefense Federal Acquisition Regulation Supplement (48 CFR Chapter 12) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.223-7001 HAZARD WARNING LABELS (DEC 1991)

(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labeling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through

(5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert "None.")

ACT

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.

(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).

(End of clause)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

Specifications and Drawings are listed in Section J as attachments.

(End of clause)

252.247-7023 Transportation of Supplies by Sea (MAY 2002)

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

(1) "Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

(2) "Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

(3) "Foreign flag vessel" means any vessel that is not a U.S.-flag vessel.

(4) "Ocean…