FA486110BA045_Nellis_JEWC-N_IFB_FINAL.pdf

SEE SCHEDULE

The magnitude of construction is betw een $1,000,000 and $5,000,000.

This project is solicited as a HUBZONE set-aside. Bids received from concerns that are not certif ied by the Small Business Administration as a HUBZone small business shall not be considered for aw ard. The North American Industry Classif ication Code applicable to the project is 236220, and the small business size standard is $33.5 million.

All times used are stated in local time, i.e., Pacific Daylight Time (PDT).

Facsimile and Electronic submissions are NOT authorized.

X

PATRICK W. MOCK 702-652-6196

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

13-Aug-2010

(RFP)

(IFB)

CALL:

Repair/Renovate JEWC-N Bldgs 10203 & 10204

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 ________365 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 __________0 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________13 Sep 2010 (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 _______90 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

99 CONS/LGCA

5865 SWAAB BLVD, BLDG 588

NELLIS AFB NV 89191-7063

FA4861

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:30 PM (hour) Sealed envelopes containing offers

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

RKMF 10-0085/10-0086

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

702-652-2532FAX:TEL: 702-652-9113 TEL: FAX:

FA4861-10-B-A045 50

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

FA4861-10-B-A045

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot RKMF 10-0085 Rpr/Renovate Bldg 10203

FFP

Contractor shall furnish all design, labor, equipment, material, supplies, manufactured articles, labor, transportation, supervision, and all else necessary to perform all operations necessary to successfully complete project RKMF 10-0085, REPAIR AND RENOVATE BLDG 10203, Nellis AFB, Nevada. All work shall be accomplished in strict accordance with the specifications, terms, and conditions specified, referenced, or attached herein.

FOB: Destination

PURCHASE REQUEST NUMBER: F3GHFA0167A004

PROJECT: RKMF 10-0085

SIGNAL CODE: A

000101 RKMF 10-0085, BASE BID, Bldg 10203

FFP

BASE BID: Include all costs necessary to complete Project RKMF 10-0085, REPAIR AND RENOVATE BLDG 10203. EXCLUDE costs identified in Bid ADDITIVE/OPTION Items 'A' and 'B' identified in subCLINs 000102 and 000103.

BASE BID DESIGN: $____________________________________________

BASE BID CONSTUCTION: $______________________________________

FOB: Destination

TOTAL BASE BID: $

000102 OPTION RKMF 10-0085, BID ADDITIVE A, Bldg 10203

FFP

BID ADDITIVE/OPTION 'A' includes fabrication, construction and installation of a complete and fully usable pre-manufactured SCIF in basement of building 10203. Work includes panels, finishes and all architectural, HVAC, electrical, communications, security and fire protection systems.

IDENTIFY only the ADDITIONAL costs necessary to complete the work identified as Bid ADDITIVE/OPTION 'A.' EXCLUDE all costs identified in the Base Bid and Bid Additive/Option 'B.'

BID ADDITIVE/OPTION 'A' DESIGN: $_______________________________

BID ADDITIVE/OPTION 'A' CONSTUCTION: $________________________

TOTAL BID ADDITIVE/OPTION 'A': $

000103 OPTION RKMF 10-0085, BID ADDITIVE B, Bldg 10203

FFP

BID ADDITIVE/OPTION 'B' includes the construction of restrooms 012, 013 and 014 in the basement of building 10203.

IDENTIFY only the ADDITIONAL costs necessary to complete the work identified as Bid ADDITIVE/OPTION 'B.' EXCLUDE all costs identified in the Base Bid and Bid Additive/Option 'A.'

BID ADDITIVE/OPTION 'B' DESIGN: $_______________________________

BID ADDITIVE/OPTION 'B' CONSTUCTION: $_________________________

TOTAL BID ADDITIVE/OPTION 'B': $

0002 1 Lot RKMF 10-0086 Rpr/Renovate Bldg 10204

FFP

Contractor shall furnish all design, labor, equipment, material, supplies, manufactured articles, labor, transportation, supervision, and all else necessary to perform all operations in connection with successfully completing the project RKMF 10-0086, REPAIR AND RENOVATE BLDG 10204, Nellis AFB, Nevada. All work shall be accomplished in strict accordance with the specifications, terms, and conditions specified, referenced, or attached herein.

FOB: Destination

PURCHASE REQUEST NUMBER: F3GHFA0167A005

PROJECT: RKMF 10-0086

000201 RKMF 10-0086, BASE BID, Bldg 10204

FFP

BASE BID: Include all costs necessary to complete PROJECT RKMF 10-0086, REPAIR AND RENOVATE BLDG 10204, Nellis AFB, Nevada. EXCLUDE all costs for the Bid Additive/Option Item 'C' identified in subCLIN 000202 .

BASE BID DESIGN: $______________________________________________

BASE BID CONSTUCTION: $_______________________________________

TOTAL BASE BID: $

000202 OPTION RKMF 10-0086, BID ADDITIVE C, Bldg 10204

FFP

BID ADDITIVE/OPTION 'C' includes the fabrication, construction and installation of auditorium seating in building 10204.

IDENTIFY only the ADDITIONAL costs necessary to complete the work identified as bid ADDITIVE/OPTION 'C.' EXCLUDE all costs identified in the Base Bid.

BID ADDITIVE/OPTION 'C' DESIGN: $_______________________________

BID ADDITIVE/OPTION 'C' CONSTUCTION: $_________________________

PROJECT: RKMF 10-0086

TOTAL BID ADDITIVE/OPTION 'C': $

ORDER OF PRIORITY

In conformance with the DFAR 252.236-7007, Additive or Deductive Items, provision (the full text clause is included in Section M), the following Additive/Options are shown in decending order of evaluation priority.

1. Additive/Option ‘A’ (Contract SubLine Item Number 000102)

2. Additive/Option ‘B’ (Contract SubLine Item Number 000103)

3. Additive/Option ‘C’ (Contract SubLine Item Number 000202)

Section C - Descriptions and Specifications

CLAUSES INCORPORATED BY REFERENCE

52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

APR 1984

CLAUSES INCORPORATED BY FULL TEXT

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

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

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

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

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

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

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

(c) In general--

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

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

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

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

See Section J

(End of clause)

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 000101 Destination Government Destination Government 000102 Destination Government Destination Government 0002 Destination Government Destination Government 000201 Destination Government Destination Government

52.246-12 Inspection of Construction AUG 1996 252.246-7000 Material Inspection And Receiving Report MAR 2008

Section F - Deliveries or Performance

DELIVERY INFORMATION

***** BOTH PROJECTS ARE TO RUN CONCURRENTLY *****

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

Design: 125 calendar days after receipt of the Design Notice to Proceed.

Construction: 240 calendar days after receipt of the Construction Notice to Proceed.

99 CES/CEPM - F3GHFA

BERNARDO BORJA

6020 BEALE AVE, BLDG 812

NELLIS AFB NV 89191-7260

702-652-8579 FOB: Destination

F3GHFA

Design: 125 calendar days after receipt of the Design Notice to Proceed

Construction: 240 calendar days after receipt of the Construction Notice to Proceed.

99 CES/CEPM - F3GHFA

BERNARDO BORJA

6020 BEALE AVE, BLDG 812

NELLIS AFB NV 89191-7260

702-652-8579

F3GHFA

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

(a) If the Contractor fails to complete the work within the time specified in the contract or task order, the Contractor shall pay liquidated damages to the Government in the following amounts:

(1) the sum of $462.66 for each day of unexcusable delay past the scheduled completion date until the date of beneficial occupancy (i.e., substantial completion as determined by the Contracting Officer);

(2) an additional sum of $63.79 for the first and last day of unexcusable delay exceeding the scheduled completion date; and

(3) the sum of $115.67 for each day of unexcusable delay exceeding the date of the beneficial occupancy (i.e. substantial completion as determined by the Contracting Officer) or the established completion date, whichever, occurs later, until the project is accepted by the Government, including but not limited to the completion of all punchlist items, final submittals, and cleanup.

(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.

F-100

FEDERAL HOLIDAYS

This base observes the following Federal legal holidays:

New Year's Day 1 January

Martin Luther King's Birthday Third Monday In January

President's Day Third Monday in February

Memorial Day Last Monday in May

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11 November

Thanksgiving Day Fourth Thursday in November

Christmas Day 25 December

NOTE: Holidays falling on a Saturday will be observed on the preceding Friday.

Holidays falling on a Sunday will be observed on the following Monday.

(End of Clause)

F-101

NORMAL HOURS OF WORK

(a) Normal work hours for Contracting personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. In order to ensure availability of personnel, please schedule your meetings and visits at least 24 hours in advance.

(b) Normal work hours for Base Engineering personnel are from 7:00 a.m. to 4:00 p.m., Monday through Friday, excluding Federal holidays and the day after Thanksgiving. Access to work sites will be restricted to these hours and days, unless otherwise specified in the project documents.

(1) Deviations to this schedule will be considered if it is in the best interest of the government as determined by the Contracting Officer. If the Contractor desires to work hours other than normal work hours, he/she must submit to the Contracting Officer for review, a written request at least three working days prior. The request shall note the activities planned and the planned hours/days of work so that the construction inspectors can plan their work schedule. If inspectors are required to perform in excess of their normal duty hours/days solely for the benefit of the contractor, the actual cost of inspection at overtime rates will be charged to the contractor. These adjustments to the contract price shall be deducted from the next payment authorized after overtime rates have been determined.

(2) Work that cannot be fully inspected after its completion will normally not be allowed to be done during other than normal work hours/days, or as otherwise specified in the project documents, without written Contracting Officer approval.

Section G - Contract Administration Data

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

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

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

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

G-700

ADMINISTRATION AND PAYMENT

(a) The resulting contract shall be administered by the following Contract Activity:

99 CONTRACTING SQUADRON/LGCA

5865 Swaab Blvd, Bldg 588 Nellis AFB NV 89191-7063

(b) A properly prepared invoice shall be submitted electronically as identified in Clause G-701 below.

Invoices may be submitted MONTHLY unless a more frequent submission is authorized by the Contracting Officer.

Such requests should be provided in writing by the contractor to substantiate the requested increase in payment frequency.

(c) Each invoice shall identify the Contract Line Item Number (CLIN) or Subcontract Line Item Number (SLIN) and its corresponding two-digit Account Contract Reference Number (ACRN).

(1) PROGRESS PAYMENTS (NET-14) will be based on the last verified, approved progress report received. If a variance exists between the Contractor's and the Government's estimate, the contractor will be given the opportunity to support their position. If the additional information is not adequate or is not provided within one day, the invoice will be rejected and the Contractor will be provided the opportunity to resubmit at the Government's estimated percentage of work completed. A maximum amount of 90% of the contract price may be paid as progress payments.

(2) FINAL PAYMENT (NET-30) will be for an amount not less than 10% of the contract amount and will be approved for payment after completion (including clean-up and submission of final warranties, as-built drawings, payrolls, and all other documents as required under the terms and conditions of this contract/task order) and final acceptance (including correction of all punchlisted items) of the project work.

(d) With each electronic request for payment, the contractor shall also attach a scanned copy of the following document(s) in Wide Area Workflow-Receipt and Acceptance (WAWF-RA) invoice:

(1) PROGRESS REPORT/DQS: The most recent, signed progress report – or – daily quantity sheet for which work required by the contract has been completed and inspected;

(2) SUBCONTRACTOR PAYMENT LIST: A listing of the amount included for work performed by each subcontractor under the contract, the total amount of each subcontract under the contract,. the amounts previously paid to each such subcontractor under the contract; and

(3) RELEASE OF CLAIMS: For FINAL invoices, a fully executed, signed Release of Claims.

NOTE: The original, signed Release of Claims shall be provided by mail or hand carried to the Contracting Office.

G-701

SUBMIT INVOICES ELECTRONICALLY

(a) To expedite payment, reduce lost documents, and increase visibility into the status of payments, the Department of Defense (DoD) has implemented electronic invoicing. The goal is to enable authorized Defense contractors and DoD personnel the ability to create invoices and receiving reports and access contract related documents quickly and efficiently. In conformance with Defense Federal Acquisition Regulation Supplement (DFARS) Clause 252.232-7003, Electronic Submission of Payment Requests, which is incorporated herein by reference, contractors shall submit invoices ELECTRONICALLY through the Defense Finance and Accounting System (DFAS) Web Invoicing System [Wide Area Workflow – Receipt and Acceptance (WAWF-RA)] at https://wawf.eb.mil/. Select CONSTRUCTION Payment Invoice when creating the invoice.

(b) Applicable codes necessary for submission of invoices against this contract are as shown below.

(1) ADMINISTERED BY: FA4861

(2) ISSUED BY: FA4861

(3) CONTRACTING OFFICE: FA4861

(4) PAYMENT OFFICIAL: F67100 (DFAS-Limestone)

((5) INSPECT BY: F3GFHA

(6) LPO: Leave BLANK

(7) DESCRIPTION: Identify the Project, RKMF 10-0085 or RKMF 10-0086 Identify the Project Title Repair/Renovate Bldgs 10203 or

10204 AND

Identify cumulative percentage being invoiced.

SEND ADDITIONAL E-MAIL NOTIFICATIONS WHEN SUBMITTING AN INVOICE:

CONTRACT ADMINISTRATOR: patrick.mock@nellis.af.mil

CONTRACTING OFFICER: richard.jedlinski@nellis.af.mil

ADDITIONAL NOTIFICATION: carmen.rhodes.ctr@nellis.af.mil

(c) Paper invoices will be rejected and returned and the contractor advised to invoice electronically.

(d) For assistance regarding specific electronic invoicing issues, please contact the WAWF Customer Service at 866-618-5988. Web-based training is available at the WAWF site (http://www.wawftraining.com/).

G-804

PAYMENT OF MATERIALS

(See Contract Clause entitled "Payments Under Fixed-Price Construction Contracts" and "Permits and Responsibilities"; and Special Contract Requirement entitled "Preparation of Progress Schedules and Reports")

(a) Major, high-value material stored on-site may be considered for payment prior to installation, subject to the following:

(1) The item must be clearly identified as an item of material (without installation costs) and shown as a separate cost and percentage of work in the supplemental information submitted in support of his/her proposed Progress Schedule. Such schedule must have been subsequently approved.

(2) A joint inventory/inspection shall be made by the contractor and the COR or the Contracting Officer to ensure that the quantities are valid, the items are as described for use on this specific project, and sufficient security measures have been taken to prevent damage or theft.

(3) The contractor must prove he/she has title to the materials (e.g., paid invoices, waiver of claim and lien, etc. from the supplier) and certify that they will be used to perform the contract.

(b) Although materials paid for become the property of the Government, the contractor remains responsible for all materials delivered and work performed until acceptance of the construction work.

(c) In addition, the contractor must provide a certificate with his/her invoice, substantially as shown below, when requesting payment for materials.

CERTIFICATION FOR PAYMENT OF MATERIALS

(1) The Contractor hereby transfers and assigns to Nellis Air Force Base all its rights, titles, and interest of character in any and all of the goods described in the attached request every kind and for payment upon receipt of such payment.

(2) The Contractor acknowledges that, despite transfer of title, until such goods have been delivered to the jobsite, incorporated into the work, inspected, and accepted, the contractor shall remain responsible for:

(i) Cost and expense of storage, as applicable;

(ii) Insurance premiums;

(iii) Deterioration of such goods;

(iv) Loss or mysterious disappearance of such goods; and

(v) Such portion of goods not in accordance with the contract requirements.

(3) The Contractor hereby acknowledges that it has no interest in such goods by virtue of retained possession, and states that it keeps such goods for Nellis AFB and disclaims any claims against such goods for storage cost, for unpaid contract retainage or for other reason.

(4) Payment for material stored off-site may be considered for payment if, in addition to the above requirements, sound procedures (e.g., a bonded, insured warehouse) are established for their accountability and control and are submitted to and approved by the Contracting Officer with the Progress Schedule.

Section H - Special Contract Requirements

H-100 REQUIRED INSURANCE (IAW FAR 28.306(b))

(a) In conformance with FAR 52.228-5 clause, 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.

(1) 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.

(2) 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.

(3) 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.

(b) An “Insurance Certificate of Compliance” form can be obtained upon request from the 99th Contracting Squadron contract administrator assigned to this requirement.

H-101

PAYMENT AND PERFORMANCE BONDS

(a) After contract award (i.e., Notice of Award, Executed Contract or Task Order), the Contractor shall furnish two bonds, a Performance Bond (on Standard Form (SF) 25) and a Payment Bond (on Standard Form (SF) 25A), each with good and sufficient surety or sureties, acceptable to the Government. The penal sums of such bonds will be based on the awarded amount; or (if this is the initial award of an Indefinite Delivery, Indefinite Quantity (IDIQ) type contract) the guaranteed contract minimum or the amount of the first task order, whichever is larger. Each project under an IDIQ contract shall be bonded. When the award price is increased by modification, the penal sum of the bond shall be increased. The payment and performance bond amounts shall be as specified in FAR Clause 52.228-15, Performance and Payment Bonds--Construction. A Notice to Proceed (NTP) with the work awarded will not be issued by the Contracting Officer and no work shall begin until good and sufficient surety has been received and accepted by the Contracting Officer.

(b) All required bonds and bond increases shall be furnished by the Contractor to the Government within the timeframe prescribed on page 1 of this document after finalization of the award or modification document.

(c) Bonds shall be in the form of a firm commitment, supported by corporate sureties whose names appear on the list contained in Department of the Treasury’s Listing of Approved Sureties (Department Circular 570), individual sureties acceptable to the Contracting Officer, or other acceptable security such as a postal money order, certified check, cashier’s check, irrevocable letter of credit or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of Treasury, Financial Management Services, Surety Bonds Branch, 401 14th St NW FL West, Washington DC 20227-1017. The listing may also be accessed electronically at the following address:

http://www.fms.treas.gov/c570/index.html .

H-102

DESIGNATION OF CONTRACTING OFFICER REPRESENTATIVE (COR)

The Base Civil Engineer or his/her authorized representative is designated as the representative of the Contracting Officer (COR) for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This designation in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of the contract. The COR performs quality assurance for the government and is not authorized or required to perform the quality control for the contractor.

H-103

AVAILABILITY AND USE OF UTILITY SERVICES

(a) In conformance with FAR Clause 52.236-14, Availability and Use of Utility Services, all reasonable amounts of domestic water and electricity will be made available to the Contractor at no cost by the Government from existing system outlets and supplies. With prior coordination and approval, the contractor may be given access to water hydrants to obtain water for construction activities.

(b) The Contractor shall, at his own expense, make all temporary connections and install distributions lines as may be needed. The Contractor shall furnish to the Contracting Officer a complete system layout drawing showing type of materials to be used and method of installation for all temporary systems. All temporary lines shall be maintained by the contractor in a workmanlike manner satisfactory to the Contracting Officer and shall be removed by the Contractor in a like manner prior to final acceptance of the construction. The point of connection shall be coordinated with the Government technical representative prior to connection. If additional outlets or utilities are needed they will be provided at the Contractor’s expense.

H-113

REQUEST TO USE RADIOACTIVE DEVICE

In conjunction with FAR Clause 52.223-7, NOTICE OF RADIOACTIVE MATERIALS, the contractor shall submit a notice in the following format (included on the following page) 30 to 60 calendar days prior to anticipated use of radioactive material, or equipment utilizing radioactive material, on a government installation.

CONTRACT NUMBER: PROJECT NUMBER:

PROJECT TITLE:

The contractor anticipates using equipment containing the following radioactive material:

Radioactive material requiring specific licensing under the regulation issued pursuant to the

Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract.

Other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries.

The following pertains to the part(s) of the item(s) which contain radioactive materials:

DESCRIPTION OF MATERIALS:

NAME & ACTIVITY OF THE ISOTOPE:

MANUFACTURER OF THE MATERIALS:

NAME OF LOCAL REPRESENTATIVE:

LOCAL ADDRESS OF LOCAL REPRESENTATIVE:

TELEPHONE # OF LOCAL REPRESENTATIVE:

NAME OF RSO NAMED ON LICENSE:

LOCAL ADDRESS OF RSO NAMED ON LICENSE:

TELEPHONE # OF RSO NAMED ON LICENSE:

STATEMENT OF STORAGE AND SECURITY CONDITIONS IF THE MATERIAL WILL BE STORED ON BASE:

THE FOLLOWING DOCUMENTS ARE ATTACHED AS APPROPRIATE:

A copy of the appropriate NRC or Agreement State license to operate/own the radioactive device.

A copy of the operator’s qualifications and/or radiation safety training.

A copy of the safety and health plan.

Copies of the last two (2) leak tests, if appropriate.

Any other information known to the contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-01070).

By submission of this notice, the contractor acknowledges that the Base RSO can make periodic checks to ensure that contractor personnel follow radiation safety practices to prevent exposure to AF personnel and avoid contamination of government property.

SIGNED BY: DATE:

Signature Date

End of Clause

H-610

ENVIRONMENTAL MANAGEMENT SYSTEM TRAINING

(Reference FAR 52.223-5 ALT I)

Nellis Air Force Base (AFB) has implemented its Emergency Management System/Environmental, Safety and Occupational Health Management System (EMS/ESOHMS) for Nellis AFB, Creech AFB, Tonopah Test Range (TTR), and all associated sites. Contractor personnel working on these sites must complete Air Force provided initial EMS/ESOHMS awareness-level training.

(a) The training will be computer based and will be provided by 99 CES/CEV.

(b) The training should take no longer than 40 minutes including initial site registration.

(c) Training must be completed within 30 days of contract start date and the same time limitations applies for new employees hired after the initial 30 days of the contract start date.

(d) The EMS/ESOHMS training is computer based and will be accessible to contractor employees via the Nellis intranet from a variety of places. Contact information and training access location(s) will be provided in the award document.

(e) A copy of EMS/ESOHMS training certificate must be provided to the Contract Administrator and will become part of the official contract file.

Section I - Contract Clauses

52.202-1 Definitions JUL 2004 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 JUL 1995 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

SEP 2007

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration APR 2008 52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.211-13 Time Extensions SEP 2000 52.214-26 Audit and Records--Sealed Bidding MAR 2009 52.214-27 Price Reduction for Defective Cost or Pricing Data -

Modifications - Sealed Bidding

OCT 1997

52.214-28 Subcontracting Cost Or Pricing Data--Modifications--Sealed Bidding

OCT 1997

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.219-3 Notice of Total HUBZone Set-Aide JAN 1999 52.219-8 (DEV) Utilization of Small Business Concerns (DEVIATION) MAY 2004 52.219-14 Limitations On Subcontracting DEC 1996 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

52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998

52.222-37 Employment Reports On Special Disabled Veterans, Veterans Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-50 Combating Trafficking in Persons FEB 2009 52.222-54 Employment Eligibility Verification JAN 2009 52.222-99 Notification of Employee Rights under the National Labor

Relations Act (Deviation)

JUN 2010

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Alt I Pollution Prevention and Right-to-Know Information (Aug

2003) Alternate I

AUG 2003

52.223-6 Drug-Free Workplace MAY 2001 52.223-12 Refrigeration Equipment and Air Conditioners MAY 1995 52.223-14 Toxic Chemical Release Reporting AUG 2003 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 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 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets SEP 2009 52.228-12 Prospective Subcontractor Requests for Bonds OCT 1995 52.228-14 Irrevocable Letter of Credit DEC 1999 52.228-15 Performance and Payment Bonds--Construction NOV 2006 52.229-3 Federal, State And Local Taxes APR 2003 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-11 Extras APR 1984 52.232-17 Interest OCT 2008 52.232-23 Assignment Of Claims JAN 1986 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

52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Alt I Subcontracts for Commercial Items (Alt I) JUN 2010 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction SEP 2006 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 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) 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

252.222-7999 Additional Requirements And Responsibilities Restricting The Use Of Mandatory Arbitration Agreements (DEV 2010- O0004)

FEB 2010

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.225-7012 Preference For Certain Domestic Commodities DEC 2008 252.227-7033 Rights in Shop Drawings APR 1966 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 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.244-7000 Subcontracts for Commercial Items and Commercial

Components (DoD Contracts)

AUG 2009

252.247-7023 Transportation of Supplies by Sea MAY 2002 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

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: http://www.dodig.mil/HOTLINE/hotline7.htm (Contracting Officer shall insert—

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster);

and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(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.

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS

(JUL 2010)

(a) Definitions. As used in this clause:

Executive means officers, managing partners, or any other employees in management positions.

First-tier subcontract means a subcontract awarded directly by a Contractor to furnish supplies or services (including construction) for performance of a prime contract, but excludes supplier agreements with vendors, such as long-term arrangements for materials or supplies that would normally be applied to a Contractor's general and administrative expenses or indirect cost.

Total compensation means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c)(1) Unless otherwise directed by the contracting officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, (and any modifications to these subcontracts that change previously reported data), the Contractor shall report the following information at http://www.fsrs.gov for each first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi) Subcontract number (the subcontract number assigned by the Contractor).

(vii) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(viii) Subcontractor's primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

(xiv) The applicable North American Industry Classification System code (NAICS).

(2) By the end of the month following the month of a contract award, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for the Contractor's preceding completed fiscal year at http://www.ccr.gov, if--

(i) In the Contractor's preceding fiscal year, the Contractor received--

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(3) Unless otherwise directed by the contracting officer, by the end of the month following the month of a first-tier subcontract with a value of $25,000 or more, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for each first-tier subcontractor for the subcontractor's preceding completed fiscal year at http://www.fsrs.gov, if--

(i) In the subcontractor's preceding fiscal year, the subcontractor received--

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(d)(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards to that subcontractor.

(e) Phase-in of reporting of subcontracts of $25,000 or more.

(1) Until September 30, 2010, any newly awarded subcontract must be reported if the prime contract award amount was $20,000,000 or more.

(2) From October 1, 2010, until February 28, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $550,000 or more.

(3) Starting March 1, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $25,000 or more.

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.

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 365 calendar days after receipt of Notice to Proceed (NTP). The time stated for completion shall include final cleanup of the premises.

52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN…