solicitation.pdf

1.) Streets and Parking Lots Construction and Repair. QSEU 08-0184.

2.) PROJECT MAGNITUDE is betw een $1,000,000.00 and $5,000,000.00 IAW FAR 36.204

3.) This acquisition is 100% set-aside for Small Business (SB). Prime contractor is required to perform 15% of the w ork. The 15% can not be materials.

4.) All times listed are LOCAL time, Eastern Daylight Time (EDT).

5.) The North American Industry Classif ication Code (NAICS) is 237310 and the small business size standard is $33.5M.

6.) Solicitation w ill result in a Firm Fixed Price (FFP) Contract.

7.) The government w ill to issue a Notice to Proceed (NTP) w ithin 30 calendar days after the aw ard date.

8.) Enter prices in Section B.

9.) Notice to offerors: Funds are not presently available for this project. No aw ard w ill be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

X

SHELDON L. MURPHY 229-257-2831

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

02-Aug-2012

(RFP)

(IFB)

CALL:

Repair Streets and Parking Lots

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________260 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________07 Sep 2012 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

23 CONTRACTING SQUADRON - FA4830

4380B ALABAMA ROAD

MOODY AFB GA 31699-1794

FA4830

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

04:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

QSEU 08-0184

8. ADDRESS OFFER TO (If Other Than Item 7)

229-257-2738FAX:TEL: SEE SCHEDULE TEL: FAX:

FA4830-12-B-0002 38

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

FA4830-12-B-0002

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot 23 Fighter Squadron Parking Lot

FFP

Furnish all labor, materials, supervision, equipment and related items to build 23

Fighter Group & Fighter Squadron Parking as per drawings and Georgia Dept of

Transportation (GDOT) Standard Specifications, Construction Standards and details, Edition 2011, and the Manual on Uniform Traffic Control Devices, 2009

Edition. (QSEU 09-0411)

FOB: Destination

SIGNAL CODE: A

NET AMT

0002 1 Lot Maintenance Group & Reservist Parking

FFP

Furnish all labor, materials, supervision, equipment, and related items to build

Maintenance Group & Reservist Parking as per drawings and Georgia Dept of

Transportation (GDOT) Standard Specifications, Construction Standards and details, Edition 2011, and the Manual on Uniform Traffic Control Devices, 2009

Edition. (QSEU 09-0410)

0003 1 Lot Repair Storm Drain Inlets 1 through 25

FFP

Furnish all labor, material, equipment, and related items to replace existing curb inlets with new GDOT Standard catch basin 1033D. Sawcut and remove 10LF of curb and/or gutter on each side of existing inlet, remove existing inlet top and associated frames and grates. Modify structure for catch basin throat and top.

Construct single or double wing catch basin top. Install new curb and/or gutter as required to tie to new catch basin top. Furnish erosion control and sod disturbed areas. See Attachment 1 - Drawings: Storm Drain Map.

0004 1 Lot Repair Storm Drain Inlets 26 through 50

FFP

Furnish all labor, material, equipment, and related items to replace existing curb inlets with new GDOT Standard catch basin 1033D. Sawcut and remove 10LF of curb and/or gutter on each side of existing inlet, remove existing inlet top and associated frames and grates. Modify structure for catch basin throat and top.

Construct single or double wing catch basin top. Install new curb and/or gutter as required to tie to new catch basin top. Furnish erosion control and sod disturbed areas. See Attachment 1 - Drawings: Storm Drain Map.

0005 1 Lot Repair Storm Drain Inlets 51 through 75

FFP

Furnish all labor, material, equipment, and related items to replace existing curb inlets with new GDOT Standard catch basin 1033D. Sawcut and remove 10LF of curb and/or gutter on each side of existing inlet, remove existing inlet top and associated frames and grates. Modify structure for catch basin throat and top.

Construct single or double wing catch basin top. Install new curb and/or gutter as required to tie to new catch basin top. Furnish erosion control and sod disturbed areas. See Attachment One - Drawings: Storm Drain Map.

0006 1 Lot Repair Florida Street

FFP

Furnish all labor, material, supervision, equipment to do the following work on

Florida Street. Mill 2" of asphalt (8300 SY). Remove all remaining material for a depth of approximately 8" (1800CY). Replace with new base material, place 6" in depth of new compacted Graded Aggregate Base (GAB) material, 2" of asphalt binder pavement mix and 2" of pavement surface mix. Restripe new pavement.

0007 1 Lot Repair Alabama Street

FFP

Furnish all labor, material, supervision, equipment to do the following work on

Alabama Street. Mill 2"of asphalt (1055 SY). Remove all remaining material for a depth of approximately 8" (468 CY). Replace with new base material, place 6" in depth of new compacted GAB material, 2" of asphalt binder pavement mix and 2" of pavement surface mix. Restripe new pavement.

0008 1 Lot Demo Paving Waste Water Treatment Plant

FFP

Furnish all labor, material, supervision, equipment to do the following work at

Waste Water Treatment plant. Mill 2" of asphalt (1884 SY). Remove all remaining material for a depth of approximately 6" (1884SY).

0009 1 Lot New Paving Waste Water Treatment Plant

FFP

Furnish all labor, material, supervision, equipment to do the following work at

Waste Water Treatment Plant. Place new base material, place 6" (12,000 SY) in depth of new compacted GAB material, 2" of asphalt binder pavement mix and 2" of pavement surface mix (12,000 SY). Restripe new pavement.

0010 2,000 Linear

Foot

18" RCP

FFP

Furnish all labor, material, supervision, equipment to install 18" Reinforced

Concrete Paving (RCP) at 0 to 8 feet of depth on Georgia St and Alabama St

Moody AFB, GA.

0011 4 Each Precast manholes

FFP

Furnish all labor, material, supervision, equipment to install pre-cast saddle manholes at 0 to 8 feet of depth on Georgia St and Alabama St..

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

0008 Destination Government Destination Government

0009 Destination Government Destination Government

0010 Destination Government Destination Government

0011 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F - Deliveries or Performance

PERFORMANCE REQUIREMENT

Prime contractor is required to perform 15% of the work. The 15% can not be materials.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-AUG-2012 TO

17-MAY-2013

N/A 23 CES/CEC (CONSTRUCTION) - F3E362

ANTHONY PAYTON

3485 GEORGIA ST

MOODY AFB GA 31699-1707

229-257-3628

F3E362

0002 POP 01-AUG-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-AUG-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-AUG-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-AUG-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-AUG-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-AUG-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-AUG-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 01-AUG-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 01-AUG-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 01-AUG-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

52.211-10 Commencement, Prosecution, and Completion of Work APR 1984

52.247-34 F.O.B. Destination NOV 1991

CLAUSES INCORPORATED BY FULL TEXT

52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

(End of clause)

Section G - Contract Administration Data

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

MDY 04-01 WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS (MAR 2011)

WAWF is a web-based tool for the electronic processing of invoices and receiving reports. The URL for WAWF is https://wawf.eb.mil. There are no charges to use WAWF. New users can obtain assistance with registration and system setup at the WAWF website under ―New User‖. If additional assistance is required contact the

WAWF Help Desk at 866-618-5988 or email cscassig@csd.disa.mil.

Training for WAWF is available at https://wawftraining.eb.mil/. This is a web-based training tool that mirrors the

WAWF production site. Be sure to review the Training Instructions prior to beginning the training course.

THE FOLLOWING INFORMATION WILL BE REQUIRED TO ROUTE YOUR INVOICES CORRECTLY

THROUGH WAWF.

When submitting an invoice in WAWF, pay particular attention to the type of invoice. Invoice types and coding used at Moody AFB are:

CONSTRUCTION

Issue DoDAAC = FA4830

Admn DoDAAC = FA4830

Inspect By = blank

Service Acceptor ―Ship To‖ Code = FA4830 PLUS SIX EXTENSION = F1CERT

The Pay Office DoDAAC is F67100.

Contact email information will be provided by the contract administrator.

Additional information on Electronic Commerce is available at the Defense Finance and Accounting Service (DFAS)

Electronic Commerce Tool Box website located at http://www.dfas.mil/contractorpay/electroniccommerce.html.

Questions concerning payment should be directed to the Customer Care section of the DFAS Limestone office at

866-724-0526. Please have your order number and invoice number ready when calling about payment status. If your paying office is other than Limestone, contact your Contract Administrator for the customer service phone numbers.

Should you need additional assistance with WAWF, contact your Contract Administrator or the Plans & Programs flight at 229-257-2737.

https://wawf.eb.mil/ mailto:cscassig@csd.disa.mil https://wawftraining.eb.mil/ http://www.dfas.mil/contractorpay/electroniccommerce.html

Section H - Special Contract Requirements

HOLIDAYS

a. 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

b. All holidays falling on a Saturday will be observed on the preceding Friday. All holidays falling on a Sunday will be observed on the following Monday. The Fourth Friday in November is minimally manned by the installation.

c. The contractor will not perform work on the days identified in paragraphs a or b above.

d. On work days that have been declared ―family days,‖ the base may be minimally manned with many offices and facilities closed. On these days, if the contractor has attempted and cannot gain access to the site where construction work is to be performed, the contractor shall immediately call the emergency numbers provided after contract award.

MDY 02-26 REQUIRED INSURANCE (APR 2011)

(IAW FAR 28.306(b))

Reference contract clause FAR 52.228-5, ―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 limit 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

MDY 09-01 CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS (EMS)

(MAR 2011)

Executive Order 13423 states that ―All appropriate facilities will use EMS as the primary management approach for addressing environmental aspects of internal agency operations and activities‖

The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility EMS applicable for your contract. The Contractor shall perform work in a manner that conforms to the Moody AFB EMS, including but not limited to: addressing significant aspects the

Contractor may be responsible for, developing and maintaining Operational Controls identified by the Moody AFB

EMS, and providing monitoring and measurement information as necessary for the installation to address environmental performance relative to the environmental energy goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the Contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the Contracting Officer. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the EMS and how these requirements affect their work performed under this contract.

All on-site contractor personnel shall complete appropriate environmental training specified for the type of work conducted on-site. Upon contract award, the government Project Manager/Inspector will notify the facility-level

EMS Coordinator to arrange EMS training for appropriate staff.

All waste materials generated by any work under the contract performed on a government installation shall be handled, transported, stored, and disposed of by the contractor and by his subcontractors at all times in accordance with all applicable Federal, state, or local laws, ordinances, regulations, court orders, or other types of rules or rulings having the effect of law, including but not limited to Executive Order 11752, 17 December 1973, the Federal

Water Pollution Control Act, as amended (33 USC Sec 1251 ET SEQ); The Clean Air Act, as amended (42 USC

SEC 1857 ET SEQ); the Refuse Act of 1898 (33 USC Executive Order 11507); and the Environmental Protection

Agency guidelines on thermal processing and land disposal of solid waste (40 CFR, Chapter 1, parts 240 & 241).

Contractors should make every effort to divert construction debris from the waste stream. All materials diverted should be reported by weight using the form provided as an attachment to this contract.

Section I - Contract Clauses

52.202-1 Definitions JAN 2012

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees APR 1984

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures OCT 2010

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 Central Contractor Registration FEB 2012

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

FEB 2012

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

DEC 2010

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

MAY 2011

52.214-26 Audit and Records--Sealed Bidding OCT 2010

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding

AUG 2011

52.214-28 Subcontracting Certified Cost Or Pricing Data--

Modifications--Sealed Bidding

OCT 2010

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986

52.219-8 Utilization of Small Business Concerns JAN 2011

52.219-28 Post-Award Small Business Program Rerepresentation APR 2009

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

JUL 2005

52.222-6 Davis Bacon Act JUL 2005

52.222-7 Withholding of Funds FEB 1988

52.222-8 Payrolls and Basic Records JUN 2010

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.222-11 Subcontracts (Labor Standards) JUL 2005

52.222-12 Contract Termination-Debarment FEB 1988

52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility FEB 1988

52.222-21 Prohibition Of Segregated Facilities FEB 1999

52.222-26 Equal Opportunity MAR 2007

52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.222-34 Project Labor Agreement MAY 2010

52.222-35 Equal Opportunity for Veterans SEP 2010

52.222-36 Affirmative Action For Workers With Disabilities OCT 2010

52.222-37 Employment Reports on Veterans SEP 2010

52.222-50 Combating Trafficking in Persons FEB 2009

52.222-54 Employment Eligibility Verification JAN 2009

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997

52.223-4 Recovered Material Certification MAY 2008

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007

52.228-1 Bid Guarantee SEP 1996

52.228-2 Additional Bond Security OCT 1997

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-11 Pledges Of Assets JAN 2012

52.228-14 Irrevocable Letter of Credit DEC 1999

52.228-15 Performance and Payment Bonds--Construction OCT 2010

52.229-3 Federal, State And Local Taxes APR 2003

52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002

52.232-17 Interest OCT 2010

52.232-23 Assignment Of Claims JAN 1986

52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984

52.232-27 Prompt Payment for Construction Contracts OCT 2008

52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-26 Preconstruction Conference FEB 1995

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.243-4 Changes JUN 2007

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering-Construction OCT 2010

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

MAY 2004

52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (May 2004) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007

252.204-7008 Export-Controlled Items APR 2010

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010

252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.223-7008 Prohibition of Hexavalent Chromium MAY 2011

252.225-7002 Qualifying Country Sources As Subcontractors APR 2003

252.225-7012 Preference For Certain Domestic Commodities JUN 2010

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.236-7001 Contract Drawings, and Specifications AUG 2000

252.247-7023 Transportation of Supplies by Sea MAY 2002

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

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

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information

System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database via https://www.acquisition.gov.

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

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

(i) Government personnel and authorized users performing business on behalf of the Government; or https://www.acquisition.gov/

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

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

(i) Past performance reviews required by subpart 42.15;

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

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

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

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

Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the

Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

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

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of

Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

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 $431.30 for the first day and $338.24 thereafter 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.

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 23 CONS/LGCA.

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010)

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

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

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

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

(iii) Offered to the Government, under a contract or subcontract at any tier, 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.

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;

(2) A construction material manufactured in the United States, if--

(i) 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; or

(ii) The construction material is a COTS item.

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. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). 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 information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(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.

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

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 any Defense Federal Acquisition Regulation supplement (48 CFR

Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

5352.201-9101 OMBUDSMAN.

As prescribed in 5301-9103, insert the following clause:

OMBUDSMAN (AUG 2010)

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/affars/5301.htm#P312_22750

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM or

AFISRA ombudsmen, Lt Col Kristian S. Ellingsen

129 Andrews Street

Langley AFB, VA 23665

Phone Number: 757-764-5373, Fax: 757-764-4400

E-mail: kristian.ellingsen@langley.af.mil

Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU or ARISRA level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate

Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-

1060, phone number (703) 588-7004, facsimile number (703) 588-1067.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUG 2007)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver‘s license, current vehicle registration, valid vehicle insurance certificate, and signed letter from the 23d Contracting Squadron to obtain a vehicle pass.

http://www.whitehouse.gov/omb/circulars/a076/a76_rev2003.pdf

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1, The Airforce Installation Security Program, and AFI 31-501 Personnel

SecurityProgram Management.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

Section J - List of Documents, Exhibits and Other Attachments

LIST OF ATTACHMENTS

Exhibit/Attachment Table of Contents

Document Description Pages Dates Attachment 1

Drawings- Rpr Maintenance Group & Reservist Parking, QSEU 09-0410

Drawings- Rpr 23 Fighter Group and Fighter Sqd Parking, QSEU 09-0411

Drawing - Storm Drain Map

30 Sep 10

30 Sep 10

12 Apr 12

Attachment 2 Wage Determination- General Decision No. GA120012 3 06 Jan 12

Attachment 3 Bidders Checklist 1 n/a

Attachment 4 Waste Management Report 1 n/a

Attachment 5 Disclosure of Lobbying Activities 3 n/a

Attachment 6 Site Visit Conference Reservation Form 1 n/a

Attachment 7 Question Form 1 n/a

Attachment 8 Contractor Information 1 n/a

Section K - Representations, Certifications and Other Statements of Offerors

52.215-22 Limitations on Pass-Through Charges--Identification of

Subcontract Effort

OCT 2009

52.236-28 Preparation of Proposals--Construction OCT 1997

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2012)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $33.5M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

() Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at

52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-

1.

(xvii) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and

Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,494, the…