MACC Conformed Solicitation per Amendment 2.doc

Section A - Solicitation/Contract Form

SOLICITATION CONTRACT FORM

SF1442 CONTINUATION

Your attention is directed to Section L, Paragraph 1.0 – Proposal Preparation Instructions, and Section M – Evaluation Factors for Award. The Government may award a contract without discussions, based solely on initial offers received. Therefore, each initial offer received should be submitted on the most favorable terms from both a price and a technical standpoint.

The preferred method of completion for Representations and Certifications is at the Online Representations and Certifications Application (ORCA) at https://orca.bpn.gov/. If you are unable to use this method, contact the Contracting Officer for a full copy prior to date/time scheduled for receipt of offers. Failure to complete all required Representations and Certifications may render your proposal ineligible for award.

There will be no pricing submitted for the basic contract line items (CLINS). Line items to be awarded under the basic contract shall not be separately priced. All prices will be determined at the task order level.

· PRE-PROPOSAL CONFERENCE AND SITE VISIT

In accordance with FAR 52.236-27, a pre-proposal conference / site visit will be conducted at Cannon AFB on 20 July 2010 at 10:00 AM local time. A familiarization “virtual” tour of the base and a site visit for the building location will follow. Prospective offerors desiring to attend should submit a request to attend to SSgt Kendra Strnad or Richard Morris no later than 16 July 2010. Offerors may contact this office between the hours of 7:00 AM and 3:00 PM. Contact information for SSgt Kendra Strnad is (575) 784-4409 or by email at kendra.strnad@cannon.af.mil. Contact information for Richard Morris is (575) 784-4506, or by email at richard.morris@cannon.af.mil.

· SUBMISSION OF QUESTIONS

Questions regarding this solicitation shall be submitted in writing to SSgt Kendra Strnad or Richard Morris, contracting office FAX (575) 784-1148 or e-mail at kendra.strnad@cannon.af.mil or richard.morris@cannon.af.mil. All questions must be received no later than close of business 23 July 2010.

· SUBMISSION OF PROPOSALS

Offerors are responsible for submitting proposals so as to reach the Government office designated in the solicitation by the date/time specified. Note that the Government office designated for receipt of proposals is the address shown in Block 7 of the SF1442.

Personnel requiring access to the base must fax or e-mail a written request containing the company name, the name of the person(s) requiring access to the base, and an estimated time for the visit to the points of contact designated below.

SSgt Kendra Strnad or Richard Morris, Fax (575) 784-1148, or e-mail at kendra.strnad@cannon.af.mil or richard.morris@cannon.af.mil.

Request for base entry must be received no later than 72 hours prior to the date and time established for receipt of proposals. Entry to Cannon AFB is at the Main Gate off Hwy 60/84. Please allow extra time to obtain your pass.

NOTE: To receive a base visitor’s pass for access to the base, personnel must possess two forms of identification, at least one with a photo, such as U.S. Passport (unexpired or expired), a valid State or Government picture identification card, voter’s registration card, or original or certified copy of a U.S. birth certificate. Personnel requesting vehicle access must also provide a valid driver’s license, and valid vehicle insurance certificate.

Section B - Supplies or Services and Prices

Base Year

FFP

MACC is a multiple award, competitive, design-build, indefinite delivery/indefinite quantity (IDIQ) construction acquisition based on general statement of work further defined with each individual task order. The work consists of multiple disciplines in general construction categories of on base-base facilities at Cannon AFB, New Mexico and Melrose Air Force Range, NM. Award of the seed project constitutes the minimum for the first contract awarded. A minimum of $10,000 is guaranteed over the life of the contract. The total aggregate maximum amount if this program including all contracts and option years shall not exceed $45,000,000.00.

FOB: Destination

NET AMT

Option Year One

MACC is a multiple award, competitive, design-build, indefinite delivery/indefinite quantity (IDIQ) construction acquisition based on general statement of work further defined with each individual task order. The work consists of multiple disciplines in general construction categories of on base-base facilities at Cannon AFB, New Mexico and Melrose Air Force Range, NM. Award of the seed project constitutes the minimum for the first contract awarded. A minimum of $10,000 is guaranteed over the life of the contract. The total aggregate maximum amount if this program including all contracts and option years shall not exceed $45,000,000.00.

NET AMT

Option Year Two

MACC is a multiple award, competitive, design-build, indefinite delivery/indefinite quantity (IDIQ) construction acquisition based on general statement of work further defined with each individual task order. The work consists of multiple disciplines in general construction categories of on base-base facilities at Cannon AFB, New Mexico and Melrose Air Force Range, NM. Award of the seed project constitutes the minimum for the first contract awarded. A minimum of $10,000 is guaranteed over the life of the contract. The total aggregate maximum amount if this program including all contracts and option years shall not exceed $45,000,000.00.

NET AMT

CLAUSES INCORPORATED BY FULL TEXT

Block 17b. Applies to this contract.

REMITTANCE ADDRESS

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

(Insert Address Here) Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

WILLIAM E. SHOCKLEY

110 E. SEXTANT AVE., BLDG 600

CANNON AFB NM 88103-5109

(575) 784-4224

FA4855

FA4855

FA4855

Section G - Contract Administration Data

INVOICING INSTRUCTIONS

Effective immediately, the following information is the primary means for submitting invoices at Cannon Air Force Base, NM. The Federal Government requires contractors to use the Wide Area Workflow (WAWF) for submitting payment requests. Further information and instruction on how to use this system can be obtained at https://wawf.eb.mil (vendor instructions), or at the Contracting Office.

WAWF ROUTING SHEET

WIDE AREA WORKFLOW - RECEIPT AND ACCEPTANCE (WAWF-RA)

ELECTRONIC RECEIVING REPORT AND INVOICING INSTRUCTIONS

IN ACCORDANCE WITH YOUR BASIC CONTRACT, USE OF ELECTRONIC PAYMENT REQUESTS IS MANDATORY. USE OF WAWF WILL SPEED UP YOUR PAYMENT PROCESSING TIME AND ALLOW YOU TO MONITOR YOUR PAYMENT STATUS ONLINE. THERE ARE NO CHARGES OR FEES TO USE WAWF.

Requests for payments must be submitted electronically via the Internet through the Wide Area WorkFlow - Receipt and Acceptance (WAWF-RA) system at https://wawf.eb.mil.

Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Limestone at 1- 800 390-5620 or 1-800-337-0371 or faxed to 1-207-328-1660. Please have your order number and invoice number ready when contacting DFAS about payment status. You can also access payment information using the DFAS Vendor Pay Inquiry System (VPIS) web site at http://www.dod.mil/dfas/money/vendor.

SSgt Kendra Strnad

Contract Administrator is:

(575) 784-4409

Call with questions:

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR RECEIVING REPORTS, INVOICES AND ADDITIONAL E-MAILS CORRECTLY THROUGH WAWF.

CONTRACT NUMBER:

DELIVERY ORDER NUMBER:

TYPE OF DOCUMENT:

CAGE CODE:

FA4855

ISSUE BY DODAAC:

FA4855

ADMIN DODACC:

SERVICE ACCEPTOR/SHIP TO:

F67100

PAY OFFICE DODAAC:

SEND MORE E-MAIL NOTIFICATIONS:

kendra.strnad@cannon.af.mil

CONTRACT ADMINISTRATOR:

Richard.Morris@cannon.af.mil

CONTRACTING OFFICER:

DFAS payment office address:

DFAS - Limestone OPLOC - F67100

27 Arkansas Road

Limestone ME 04751-1500

NMGRT EXEMPTION

Special Note For Construction Projects Only: Pursuant to HB-839 (200), amending New Mexico Statutes, Chapter 172, Section 8, a new Gross Receipts tax deduction is offered for receipts from providing military construction services at a New Mexico military installation located in Curry County to implement special operations mission transition projects pursuant to contracts entered into with the U.S. Department of Defense. This deduction is available only for report periods beginning July 1, 2007, and ending December 31, 2010. All work under this contract within these time periods is presumed to qualify for this deduction, unless the contractor can demonstrate that the State of New Mexico refuses to allow the deduction for this contract or task orders issued under this contract. Therefore, NMGRT costs should NOT be included in either contractor or subcontractor proposals during these time periods. Should the Contracting Officer in advance determine, or the State of New Mexico subsequently certify, that this deduction will not apply to a project, the contract or task order will be amended to cover the costs of the NMGRT for the non-deductible project.

The construction identified in this delivery order is considered part of the AFSOC mission change at Cannon AFB, NM and will not consider New Mexico Gross Receipts Tax.

CONTRACTOR DATA

1.1 CONTRACTOR’S CONTRACT ADMINISTRATION

To Be Completed By The Contractor:

Name and Title:__________________________________________________________

Responsible Office:_______________________________________________________

Address:________________________________________________________________

Telephone Number:_______________________________________________________

Email:__________________________________________________________________

Cage Code:______________________________________________________________

Duns Number:____________________________________________________________

Tax Identification Number:__________________________________________________

1.2 INDIVIDUAL(S) AUTHORIZED TO NEGOTIATE OR DISCUSS PROPOSAL

Name of Primary:_______________________ Name of Alternate:___________________

Address:______________________________ Address:____________________________

Telephone #:___________________________ Telephone #:________________________

Alternate #:____________________________ Alternate #:_________________________

Fax No:_______________________________ Fax No:____________________________

Email:________________________________ Email:______________________________

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

TASK ORDER ISSUANCE PROCEDURES

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.

1. COMPETITION

Only contractors awarded contract as a result of this RFP will compete for subsequent task orders. Contractors are encouraged to participate in all site visis 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.

Occassionally, (generally during the last quarter of the firscal year), the government will solicit offers for projects for which funds are not certified nor readily available. Air Force Special Operations Command refers to this acquisitions as “Special Advance Authority” (SAA) or “Normal Straddle Bid” (NSB) projects. Under SAA, 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 SAA projects, the Request for Quote 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 MP 5332.7, 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 “SAA” projects.

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 Govenrment considering task order evaluation criteria. The contracting officer’s decision as to the selection for award of a task order is not protestable unless the protest is on the grounds that the order increases the scope, period, or maximum value of the contract program.

The contracting officer reserves the right to award a task order without competition based upon a determination that:

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

b) 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;

c) 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.

2. SUBSEQUENT TASK ORDER EVALUATION CRITERIA

Subsequent task orders may be awarded on best value, either tradeoff process or low price, technically acceptable. 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. One or more of the following criteria in addition to Price or Cost may be considered:

1. Quality of Deliverables

2. Ability to Meet Schedule Requirements

3. Cost control

4. Potential impact on other orders place with the contractor

5. Current workload

6. Design

7. The contractor’s technical understanding of the work

8. The most efficient and effective plan to accomplish work

9. Rationale for proposed materials, type and quantities

10. Sustainable design features

ENVIRONMENTAL IMPACT

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 any time in accordance with all applicable Federal, state, or local laws, ordinances, regulations, court orders, or other types of rules or rulings having the effect of law, including but not limited to Executive Order 12088, 13 October 1978, the Federal Water Pollution Control Act, as amended (33 USC Sec 1251 ET SEQ); The Clean Air Act, as amended (42 USC SEC 1857 ET SEQ); the Endangered Species Act, as amended (16 USC Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 USC 2601, ET SEQ); the National Historic Preservation Act, as amended (16 USC Sec 470, ET SEQ); the Solid Waste Act, as amended (42 USC 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 USC Sec 469, ET SEQ).

HAZARDOUS MATERIALS USAGE REPORTING

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

1. Product name of material

2. Manufacturer of material if not specified on MSDS

3. Job for which the material is/was used

4. Amount of material used in weight or volume

As an attachment to the report, Contractor shall provide a MSDS for each material listed. Contractor shall submit this Report to the Contracting Officer before beginning performance under this contract. This initial report will provide usage estimates for each hazardous material. Thereafter, Contractor shall submit reports quarterly that contain actual usage information. The Contracting Officer will forward these reports to CAFB HazMart (27 LRS/LGSDMH) for hazardous material inventory tracking purposes. HazMart in consultation with 27 CE/CEV may determine after review of the initial report that follow-on reports are not necessary.

CLAUSES INCORPORATED BY FULL TEXT

CAFB 2009-1 VPP Elements for Requirements Documents (6 APRIL 2009) Service and construction requirement documents shall include the following specifications for "applicable contractors:"

1. DEFINITIONS:

Applicable contractors. These requirements apply only to contractors whose employees work more than 1000 hours per quarter on a government installation, Days Away, Restricted, and or Transfer Case Incident Rate (DART). Number of recordable injuries and illness cases per 100 full-time employees resulting in days away from work, restricted work activity, and/or job transfer that a site has experienced in a given time frame.

Total Case Incidence Rate (TCIR). Total number of recordable injuries and illness cases per 100 full-time employees that a site has experienced in a given time frame.

2. Cannon AFB is in the process of pursuing VPP recognition or has already been recognized under the OSHA Voluntary Protection Program (VPP). VPP impacts all "applicable contractors" operating on Air Force Installations. It is the contractor's responsibility to ensure its employees and managers have a comprehensive understanding of VPP as well as full compliance with OSHA requirements. Contractors (to include applicable contractors), whether regularly involved in routine site operations or engaged in temporary projects such as construction or repair, must follow the safety and health rules of the installation or VPP site. Detailed information on VPP is available on the OSHA website at http://www.osha.gov/dcsp/vpp/index.html.

3. Applicable contractors are required to submit their TCIR and DART rates and OSHA Form 300A annually to the contracting office for consolidation and submission as part of the installation's annual VPP Safety and Health Management report. TCIR and DART rates are due by the 15th of January of each year.

4. An applicable contractor's Quality Control Plan must identify the processes and procedures the contractor will use to track compliance with the Safety and Health Plan, and the process and procedures that will be used to correct violations.

5. It is the applicable contractor's sole responsibility for compliance with the Occupational Safety and Health Act (OSHA) (Public Law 91-596). The contractor must submit a Safety and Health Plan and corresponding site safety checklist to the contracting officer 10 days after contract award. The contractor's plan shall include appropriate measures to ensure the contractor reacts promptly to investigate, correct and track alleged safety & health violations and/or uncontrolled hazards in contractor work areas. Additional, installation specific references and policies may be included/attached to this section. The plan shall:

5.1. demonstrate a management commitment to employee safety and health;

5.2. identify the application of the safety and health plan to subcontractors;

5.3. identify the roles and responsibilities of the following individuals:

5.3.1. Management;

5.3.2. Supervisors;

5.3.3. Employees;

5.3.4. Safety Coordinator;

5.4. identify applicable safety rules and regulations;

5.5. include a worksite hazard analysis to include base-line hazard identification and required control measures;

5.6. include a job site analysis to include hazards of tasks required to control measures;

5.7. identify employee safety and health training requirements and the documentation process;

5.8. include a workplace inspection frequency, to include identifying the individual conducting the inspections;

5.9. include employee hazard reporting procedures;

5.10. identify individual(s) responsible for corrective action hazards;

5.11. identify first aid/injury procedures;

5.12. identify procedures for accident investigation and reporting;

5.13. identify emergency response procedures; and

5.14. identify the process for tracking controlled hazards in contractor work areas

6. An applicable contractor is responsible for establishing these requirements for all subcontractors who qualify as applicable contractors under the resulting contract.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from the Contract Specialist.

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5,000,000, except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.209-8 UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(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 entering the required information in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will 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) With the exception of the Contractor, only Government personnel and authorized users performing business on behalf of the Government will be able to view the Contractor's record in the system. Public requests for system information will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than (shall be stated in each individual task order). The time stated for completion shall include final cleanup of the premises.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $295.56 for the first calendar day of delay and $239.86 for each additional calendar day of delay until the work is completed or accepted.

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

(End of clause)

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 the effective date of the contract through one year. If applicable, option(s) that are exercised will extend the contract ordering period by one year each.

(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)

52.216-22 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 of the last task order.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 calendar days of current period expiration.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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 15 calendar days of current period expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 months.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for--

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

CLAUSES INCORPORATED BY FULL TEXT

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

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

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

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

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

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

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

(3) For long-term contracts--

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

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

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

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

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

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

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

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 236220- assigned to contract number .

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

(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 Cannon AFB, New Mexico.

(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 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:

27 SOCONS/BFLT

ATTN: Mr. Bill Shockley

110 E. Sextant Ave

Cannon AFB, NM 88103-5109

(End of clause)

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008) ALTERNATE I (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 shall execute the following certification required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(i)(2)(C)):

Certification

I, ------------------------------ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contractual requirements.

(Signature of the Officer or Employee)

(Typed Name of the Officer or Employee)

(Title)

(Name of Company, Firm, or Organization)

(Date)

(End of certification)

(c) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to:

27 SOCONS/BFLT

ATTN: Mr. Bill Shockley

110 E. Sextant Ave

Cannon AFB, NM 88103-5109

(End of clause)

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (FEB 2009)

(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…