Solicitation No. FA4809-10-R-0004 Multiple Award Construction Contract.doc

Section B - Supplies or Services and Prices

MACC - Base Year

FFP

Period of Performance: From date of award through 365 calendar days. Multiple Award Construction Contract (MACC) is a multiple award, design-build indefinite delivery/indefinite quantity (IDIQ) contract based on a general Statement of Work (SOW), which is further defined on each individual task order. Work to be performed is a broad range of maintenance, repair, and minor construction projects on real property at Seymour Johnson AFB, North Carolina to include Dare County Bombing Range and Fort Fisher Recreational Area. Project Number (VKAG 10-1200). The total aggregrate maximum amount of this contract, including all exercised options, shall not exceed $25 Million per contractor.

FOB: Destination

MILSTRIP: F3T3CE9352A001

PURCHASE REQUEST NUMBER: F3T3CE9352A001

SIGNAL CODE: A

NET AMT

FFP

Period of Performance: 365 calendar days from the end of the Base Year. Multiple Award Construction Contract (MACC) is a multiple award, design-build indefinite delivery/indefinite quantity (IDIQ) contract based on a general Statement of Work (SOW), which is further defined on each individual task order. Work to be performed is a broad range of maintenance, repair, and minor construction projects on real property at Seymour Johnson AFB, North Carolina to include Dare County Bombing Range and Fort Fisher Recreational Area. Project Number (VKAG 10-1200). The total aggregrate maximum amount of this contract, including all exercised options, shall not exceed $25 Million per contractor.

FOB: Destination

NET AMT

FFP

Period of Performance: 365 calendar days from the end of Option Year 1. Multiple Award Construction Contract (MACC) is a multiple award, design-build indefinite delivery/indefinite quantity (IDIQ) contract based on a general Statement of Work (SOW), which is further defined on each individual task order. Work to be performed is a broad range of maintenance, repair, and minor construction projects on real property at Seymour Johnson AFB, North Carolina to include Dare County Bombing Range and Fort Fisher Recreational Area. Project Number (VKAG 10-1200). The total aggregrate maximum amount of this contract, including all exercised options, shall not exceed $25 Million per contractor.

NET AMT

FFP

Period of Performance: 365 calendar days from the end of Option Year 2. Multiple Award Construction Contract (MACC) is a multiple award, design-build indefinite delivery/indefinite quantity (IDIQ) contract based on a general Statement of Work (SOW), which is further defined on each individual task order. Work to be performed is a broad range of maintenance, repair, and minor construction projects on real property at Seymour Johnson AFB, North Carolina to include Dare County Bombing Range and Fort Fisher Recreational Area. Project Number (VKAG 10-1200). The total aggregrate maximum amount of this contract, including all exercised options, shall not exceed $25 Million per contractor.

NET AMT

FFP

Period of Performance: 365 calendar days from the end of Option Year 3. Multiple Award Construction Contract (MACC) is a multiple award, design-build indefinite delivery/indefinite quantity (IDIQ) contract based on a general Statement of Work (SOW), which is further defined on each individual task order. Work to be performed is a broad range of maintenance, repair, and minor construction projects on real property at Seymour Johnson AFB, North Carolina to include Dare County Bombing Range and Fort Fisher Recreational Area. Project Number (VKAG 10-1200). The total aggregrate maximum amount of this contract, including all exercised options, shall not exceed $25 Million per contractor.

NET AMT

NOTE 1: Offeror’s attention is invited to the insurance requirement contained in this solicitation, Section H, Special Contract Requirements H4. Evidence of required coverage for the prime contractor must be furnished prior to beginning of work.

NOTE 2: Offeror’s attention is invited to Section F, Clause 52.211-12, entitled “Liquidated Damages – Construction.”

NOTE 3: 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 control.

NOTE 4: Offeror's attention is invited to SF1442, Block 10, item 5. The maximum contract value/program value is the MAXIMUM value of the MACC ($45,000,000.00), not the value of each resultant contract awarded. (There is no stated maximum value for each contract awarded; however, each resultant awarded contract will have a first task order award in the guaranteed minimum amount of $2,000.00)

B-1.

CLAUSES AND PROVISIONS

(a) Clauses and provisions from the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), AF FAR Supplement, are hereby incorporated by reference with the same force and effect as though herein set forth in full. As used in the following clauses, the term “Government” is deleted and the abbreviation “NAFI” is substituted in lieu thereof (applicable to NAF projects only). The date of each clause shall be the current date set forth in the FAR and supplements thereto, on the issuance date of this order or contract. Clauses made inapplicable by the reference or by the kind of order or contract (e.g., orders or contracts for services instead of supplies) are self-deleting. The complete text of any clause incorporated herein by reference may be obtained from the Contracting Officer.

(b) The contract is renewable at the option of the Government, by the Contracting Officer giving written notice of renewal to the Contractor at least 30 calendar days prior to the contract expiration date IAW Clause, FAR 52.217-9, Option to Extend the Term of the Contract.

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

(d) 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

CLAUSES INCORPORATED BY FULL TEXT

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

PART I – THE SCHEDULE

SECTION E

INSPECTION AND ACCEPTANCE

EL-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.

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

PART I – THE SCHEDULE

SECTION F

DELIVERIES OR PERFORMANCE

F-1.

52.211-12

LIQUIDATED DAMAGES--CONSTRUCTION SEP 2000

(IAW FAR 11.503(b))

For the purpose of this clause the blanks are completed as follows:

(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 $ 424.36 for the first day of delay and $ 299.36 for each successive day of delay until the work is completed or accepted. The liquidated damages will apply to all task orders where the delay significantly affects the mission of the customer as determined by the Contracting Officer or if the cost of the task order exceeds $100,000.00.

(End of Clause)

F-2. CONTRACT PERFORMANCE PERIOD

Performance period is for a 12-month base period and four 12-month option periods.

F-3 CONTRACT AMOUNTS

The minimum guaranteed contract amount is $2,000. The total contract maximum amount to include all options is $25,000,000.

F-4 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

CLAUSES INCORPORATED BY REFERENCE

5352.232-9000 REMITTANCE ADDRESS (MAY 1996)

If the remittance address is different from the mailing address, enter the remittance address below. Failure to provide this information may impact payment.

Section H - Special Contract Requirements

SECTION H

SPECIAL CONTRACT REQUIREMENTS

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

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-4 REQUIRED INSURANCE

Per FAR clause 52.228-5 (Jan 1997) 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.

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.

d. The Certificate of Insurance shall provide for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned “Insurance” clause.

H-5 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-6 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 providing the space is not required for the 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-7

BONDS

Performance and Payment Bonds/Alternative Payment Protection. Per FAR Clause 52.228-15 entitled, “Performance and Payment Bonds – Construction (Jul 2000),” the contractor shall be required to furnish a Performance Bonds (Standard Form 25) and a Payment Bond (Standard Form 25-A), each with good and sufficient surety and sureties, acceptable to the Government within 14 calendar days after 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-8 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 52.228-13):

(1) Payment Bond

(2) Irrevocable Letter of Credit (ILC)

H-9 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 utilities will be available: Electricity, Sewer, and Water.

H-10 ESTIMATED QUANTITIES

There may be estimated quantity line items for this project. For those estimated quantity line items, the contractor shall maintain a daily usage log and delivery/disposal tickets, if applicable. The contractor shall ensure that the superintendent/project manager and the government inspector sign the log. Copies of the signed log and applicable tickets must be provided to the Contracting Officer with each invoice for estimated quantities.

H-11 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-12 TASK ORDER PERFORMANCE PERIOD

Performance periods will be negotiated for each individual task order.

H-13 PREAWARD SITE INSPECTIONS

Contractors shall inspect project job sites with Government representatives. Any deficiencies, conflicts, or other areas of concern existing in the scope of work and/or applicable drawings should be brought to the attention of the Contracting Officer, in writing. The contractor shall also notify the Contracting Officer, in writing, upon observing any features in the design that appear to be ambiguous, confusing, conflicting, or erroneous.

H-14 NOTICE OF CONSTRUCTIVE CHANGES

No order, statement or direction of the Contracting Officer, an authorized representative of the Contracting Officer whether or not acting within the limits of their authority, or any other representatives of the Government, shall constitute a change order under the “Changes” clause of the contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless a change is issued in writing and signed by the Contracting Officer.

H-15 PRE-DESIGN AND/OR PRE-CONSTRUCTION CONFERENCE

Prior to starting work under a task order, contractors shall meet with the Contracting Officer and designated technical representative to discuss and develop mutual understandings concerning schedule and performance.

H-16 TASK ORDER ISSUANCE PROCEDURES

(a) Work under this contract will be ordered by written task orders issued on DD Form 1155 (Order for Supplies or Services) to the contractor by the Contracting Officer.

(b) Task order numbers will consist of the basic contract number followed by a 4-digit supplemental task order number. The task order number must be reflected on all correspondence related to the task order.

(c) The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed task orders.

(d) Task orders will be firm fixed price and clearly define the specific services to be performed or the performance desired. Each task order may contain additional, site or project specific, provisions. Any such additional provisions shall be a part of the Request for Proposal.

(e) Task order projects may be non-complex performance-oriented tasks requiring minimal design, may be complex construction requiring design development for design-build construction, or any combination thereof. Any estimated quantities provided in project documents are considered informational only. Contractors must validate quantities and all features of work necessary to deliver a complete and functional project. The task order may or may not have traditional plans and specifications but may include sketches, and requests for catalog cuts, and other submittals. The following describes the procedures for each type of requirement the task order could present:

(1) Contractor-Provided Design/Design Build: MACC Contractors shall provide an initial ‘Concept’ design consisting of drawings, sketches, outline specifications, design analysis, and/or other documentation as required by the task order Statement of Work. MACC Contractors shall also provide a price proposal and may be required to include a proposed performance period. The Government will evaluate submitted proposals in accordance with task order requirements. Only the successful offeror will be required to proceed with subsequent design effort (i.e. 35%, 65%, 95% and/or 100% as stated in each task order) and execute construction.

(2) Government-Provided Design/Design-Build: MACC Contractors shall be provided a ‘Concept’ design, consisting of drawings, sketches, outline specifications, design analysis and/or other documentation as required by the task order Statement of Work. Based on the ‘Concept’ design, MACC Contractors shall provide a price proposal and may be required to include a proposed performance period. The Government will evaluate the submitted proposals in accordance with task order requirements. Only the successful offeror will be required to proceed with subsequent design effort (i.e. 35%, 65%, 95% and/or 100% as stated in each task order) and execute construction.

(3) Construction Only: MACC Contractors shall be provided a previously accomplished design which may be representative of a 35%, 65%, 95% or 100% design consisting of drawings, specifications, design analysis and/or other documentation as required by the task order Statement of Work. Based on this completed design, MACC Contractors shall provide a price proposal and may be required to include a proposed performance period (as stated in each task order). The Government will evaluate submitted price proposals in accordance with task order requirements. Only the successful offeror will proceed with construction. The design levels stated above are defined in the basic MACC Statement of Work.

(f) Task order solicitations will provide contractors with as much information as possible regarding the existing conditions of the site and any pre-existing structures.

(g) Contractors will provide a price proposal and a proposed performance period. The Government will evaluate submitted proposals according to criteria specified in the task order request for proposal (RFP). Only the successful offeror will be required to proceed with subsequent design effort, if required, and execute construction.

(h) Task orders may be modified by the Contracting Officer. Modifications to task orders will be issued on Standard Form (SF) 30 and cite the task order number.

(i) Submission of proposals for task orders is not required. However, contractors are required to contact the Contracting Officer within two days after receipt of task order RFP if a contractor will not participate in the walk-through or submit a proposal on a task order. Failure by Offerors to participate responsibly in Site Visits and submit proposals may result in the Government not exercising the option to extend the contract or exclusion of the contractor from further competition.

H-17 COMPETITION

(a) Only contractors awarded contract as a result of this RFP will compete for subsequent task orders. Contractors are encouraged to participate in all site visits and submit proposals. To execute fiscal year end projects, the Government may solicit offers for projects for which funds are not certified or readily available. Submission of proposals for these acquisitions is discretionary and will have no negative impact on the contractor.

Occasionally, (generally during the last quarter of the fiscal year), the Government will solicit offers for projects for which funds are not certified or readily available. Air Combat Command refers to these acquisitions as “Advance Contracting Authority (ACA)” or “Normal Straddle Bid (NSB)” projects. Under ACA, funds are not available and may not become available. The Government makes no promise to award a contract. If funds do not become available for ACA projects, the RFP is cancelled and no award is made. Under NSB, funds may be available in the current fiscal year or the next fiscal year. If a contract is not awarded in the current fiscal year, it will be awarded in the following fiscal year (see AFFARS MP5332.7, Contract Funding). Submission of proposals for these acquisitions is at the sole discretion of the respective MACC Contractors and their declination to participate in any or all such solicitations will not reflect negatively upon them. This includes projects that are in whole or in part ACA projects.

(b) Unless the Contracting Officer applies the exceptions noted below, each task order will be awarded, as a result of competition to the contractor who offers the best value to the Government considering task order evaluation criteria.

(c) The Contracting Officer reserves the right to award a task order without competition based upon a determination that:

(1) The agency need for the supplies or services are so urgent that providing a fair opportunity would result in unacceptable delays;

(2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services being ordered are unique or highly specialized;

(3) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

H-18 DESCRIPTION OF SUBSEQUENT TASK ORDERS

(a) Task orders projects may range from $2,000 to $5,000,000 and may require either a single discipline or multi-disciplined design services. Projects may also require comprehensive interior design, lead and asbestos abatement, and incorporation of sustainable features. Some projects may require only minimal design.

(b) Technical narratives, if required, may address one or more of the following factors:

--Design

--The Contractor’s technical understanding of the work

--The most efficient and effective plan to accomplish the work.

--Rationale for proposed materials, type, and quantities

--Sustainable design features

H-19 SUBSEQUENT TASK ORDER EVALUATION CRITERIA

Subsequent task orders may be awarded on best value, either tradeoff process or low price, low price technically acceptable, or low or low bid price. If the Government decides to issue the task order as a best value using the tradeoff process, award factors will vary depending on the unique requirements of each task order. In addition to price or cost, one or more of the following criteria may be considered:

(a) Past Performance – task order past performance or prior past performance on other contracts

(b) Quality of Deliverables

(c) Ability to meet schedule requirements

(d) Relevant experience

(e) Cost control

(f) Potential impact on other orders placed with the contractor

(g) Current workload

(h) Design

(i) The Contractor’s technical understanding of the work

(j) The most efficient and effective plan to accomplish the work

(k) Rationale for proposed materials, type, and quantities

(l) Sustainable design features

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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

The Contractor shall be required to (a) commence work under this contract within the timeframe specified in each individual delivery order after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the time specified in each delivery order. The time stated for completion shall include final cleanup of the premises.

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

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

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

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, 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 $5M ;

(2) Any order for a combination of items in excess of $5M; or

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

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

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after completion date of this contract or the last active task order , or reaching the maximum limitation, whichever occurs first.

(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 60 days ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days (60 days unless a different number of days is inserted) before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.

(End of clause)

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

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

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

(2) Except for novation agreements and advance payments, delegates to the 4th 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 4th 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 4th 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 MACC awarded contractors will notify the 4th Contracting Squadron's 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)

52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN 2003)--ALTERNATE I (APR 2005)

(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.

(3) The offeror's approved business plan is on the file and serviced by:

U.S. Small Business Administration

North Carolina District Office

6302 Fairview Road, Suite 300

Charlotte, NC 28210-2227 .

(b) By submission of its offer, the Offeror certifies 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 MACC awarded contractor will notify the 4th 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)

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

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

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

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Seymour Johnson AFB, North Carolina, 27534-2459.

(End of provision) 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…