FA486110RA200_NELLIS_MACC_RFP_30 JUL 10.pdf

This is a competitive 8(a) set-aside, multiple aw ard, Indefinite Delivery/Indefinite Quantity (IDIQ) solicitation/contract. It has been determined that competition w ill be limited to 8(a) f irms located w ithin the geographic area serviced by Region 8 and 9, and other 8(a) construction f irms w ith a bona fide place of business w ithin the geographical competitive area, and the assigned NAICS code.

Projects under the resulting contracts w ill consist of construction w ork based on a general statement of w ork, further defined w ithin each individual task order. Work to be performed under the MACC w ill be w ithin the North American Industry Classif ication System (NAICS) codes, Sector 23, Construction.

All times stated are in LOCAL, Pacif ic times.

KERIANNE NOEL 702-652-9333

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

30-Jul-2010

(RFP)

(IFB)

X

CALL:

MULTIPLE AWARD CONSTRUCTION CONTRACT

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 __________2 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________30 Aug 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 is, X 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 _______240 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

03:00 PM (hour) Sealed envelopes containing offers

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

MACC

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

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

FA4861-10-R-A200 86

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-R-A200

Section B - Supplies or Services and Prices

B-100 MACC PROGRAM

(a) The Nellis Multiple Award Construction Contract (MACC) program will consist of up to five (5) indefinite delivery, indefinite quantity (IDIQ) contracts with a Contract Line Item Number (CLIN) structure and performance period as shown herein. Once awarded, construction projects shall be competed among the pool of

MACC contractors as described in the MACC Statement of Work identified as Attachment #5 in Section J of this document.

(b) Task order and contract minimums and maximums (Indefinite Delivery Contract constraints) for individual

MACC contracts are identified separately in this section.

(1) The PROGRAM MAXIMUM (the combined value of all task orders issued to MACC contracts) shall not exceed $90 Million. The program value is identified on each awarded MACC as the maximum contract amount and shall be decreased annually to reflect the amount remaining in the program if an option is exercised to extend the performance period. Once the combined dollar value of all MACC task orders approaches the $90

Million program value the Government shall not exercise any remaining options and shall immediately stop soliciting projects and awarding task orders.

(2) Upon award, each MACC contractor is guaranteed to be awarded the CONTRACT MINIMUM amount identified herein. It is incumbent on each MACC contractor to recognize that while fair opportunity to compete for future construction projects issued under the MACC will be ensured, additional work past the minimum guaranteed amount is not assured to any contractor.

(End Of Clause)

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lot MACC - Base Year

FFP

MACC is a multiple award, competitive, design and/or build, indefinite delivery/indefinite quantity (IDIQ) construction acquisition based on the statement of work in this document, and is further defined in each individual task order. Work shall be performed in the general construction category and includes but is not limited to the following: maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving and earthwork work in both housing/dorm type and/or industrial/office type buildings and/or infrastructure. Work shall be performed at Nellis Air Force Base (AFB), Creech AFB, the Tonopah Test Range (TTR), and other related sites in Nevada.

Prices are determined by Task Orders.

FOB: Destination

PROJECT: MACC

SIGNAL CODE: A

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

1001 UNDEFINED Lot MACC - Option Year 1

FFP

MACC is a multiple award, competitive, design and/or build, indefinite delivery/indefinite quantity (IDIQ) construction acquisition based on the statement of work in this document, and is further defined in each individual task order. Work shall be performed in the general construction category and includes but is not limited to the following: maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving and earthwork work in both housing/dorm type and/or industrial/office type buildings and/or infrastructure. Work shall be performed at Nellis Air Force Base (AFB), Creech AFB, the Tonopah Test Range (TTR), and other related sites in Nevada.

Prices are determined by Task Orders.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

2001 UNDEFINED Lot MACC - Option Year 2

FFP

MACC is a multiple award, competitive, design and/or build, indefinite delivery/indefinite quantity (IDIQ) construction acquisition based on the statement of work in this document, and is further defined in each individual task order. Work shall be performed in the general construction category and includes but is not limited to the following: maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving and earthwork work in both housing/dorm type and/or industrial/office type buildings and/or infrastructure. Work shall be performed at Nellis Air Force Base (AFB), Creech AFB, the Tonopah Test Range (TTR), and other related sites in Nevada.

Prices are determined by Task Orders.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

3001 UNDEFINED Lot MACC - Option Year 3

FFP

MACC is a multiple award, competitive, design and/or build, indefinite delivery/indefinite quantity (IDIQ) construction acquisition based on the statement of work in this document, and is further defined in each individual task order. Work shall be performed in the general construction category and includes but is not limited to the following: maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving and earthwork work in both housing/dorm type and/or industrial/office type buildings and/or infrastructure. Work shall be performed at Nellis Air Force Base (AFB), Creech AFB, the Tonopah Test Range (TTR), and other related sites in Nevada.

Prices are determined by Task Orders.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

4001 UNDEFINED Lot MACC - Option Year 4

FFP

MACC is a multiple award, competitive, design and/or build, indefinite delivery/indefinite quantity (IDIQ) construction acquisition based on the statement of work in this document, and is further defined in each individual task order. Work shall be performed in the general construction category and includes but is not limited to the following: maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving and earthwork work in both housing/dorm type and/or industrial/office type buildings and/or infrastructure. Work shall be performed at Nellis Air Force Base (AFB), Creech AFB, the Tonopah Test Range (TTR), and other related sites in Nevada.

Prices are determined by Task Orders.

FOB: Destination

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$5,000.00 $90,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$5,000.00 $5,000,000.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

0001 $5,000.00 $90,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$5,000.00

$5,000,000.00

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 each task order for more information. Task orders may include DESIGN AND/OR BUILD requirements. See SECTION ‘J’ of this document, and SECTION ‘J’ in each individual task order for exhibits/attachments.

(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 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

52.246-12 Inspection of Construction AUG 1996 52.246-13 Inspection--Dismantling, Demolition, or Removal of

Improvements

AUG 1996

252.246-7000 Material Inspection And Receiving Report MAR 2008

Section F - Deliveries or Performance

ACCEPTANCE OF SAMPLE PROJECT

The Government reserves the right to issue a Task Order based on the acceptance of the demonstration project, should funds become available within 240 calendar days following contract award.

DELIVERY INFORMATION

CLIN *DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 365 CALENDAR DAYS

AFTER AWARD OF THE

CONTRACT

1 99 CES/CEPM - F3GHFA

FRANK J. WERTIN, PE

6020 BEALE AVE, BLDG 812

NELLIS AFB NV 89191-7260

702-652-8443 (702-218-9889) FOB: Destination

F3GHFA

1001 366 CALENDAR DAYS

AFTER COMPLETION OF

THE BASIC

PERFORMANCE PERIOD

(SAME AS PREVIOUS LOCATION)

2001 365 CALENDAR DAYS

OPTION #1

PERFORMANCE PERIOD

(SAME AS PREVIOUS LOCATION)

3001 365 CALENDAR DAYS

OPTION #2

PERFORMANCE PERIOD

(SAME AS PREVIOUS LOCATION)

4001 365 CALENDAR DAYS

OPTION #3

PERFORMANCE PERIOD

(SAME AS PREVIOUS LOCATION)

*NOTE: The performance period dates will be entered at the time of award.

52.211-13 Time Extensions SEP 2000

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 (NTP)*, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than **. The time stated for completion shall include final cleanup of the premises.

*A separate performance period or NTP will be given for each construction task order issued.

** In each construction task order issued, the Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed or a calendar date.

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 $185.92 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 $53.79 for the first and last day of unexcusable delay exceeding the scheduled completion date; and

(3) the sum of $46.48 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. 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.

(c) With each request for payment, the contractor shall also attach a scanned copy of the following:

(1) The most recent, signed progress report – or – daily quantity sheet for which work required by the contract has been completed and is being invoiced;

(2) 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) For FINAL invoices, a fully executed, signed Release of Claims. NOTE: The original, signed Release of Claims shall be concurrently provided by mail or handcarried 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. 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/. Additionally, contractors concurrently create electronic receiving reports when they create their invoices (select CONSTRUCTION Payment Invoice); with one keystroke they can ensure prompt presentation of the required data to the administrative and payment offices.

(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: F3GHFA

(6) LPO: Leave BLANK

(7) DESCRIPTION: SEE EACH TASK ORDER FOR PROJECT

DESCRIPTION AND INFORMATION and include cumulative percentage being invoiced

(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 or DFAS Electronic Commerce Division at 614-693-7674 . 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 exceeding $100,000.00 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 .

* NOTE: For initial contract award, contractors not receiving the Demonstration Project award will only get the minimum guaranteed amount of $5,000.00 and shall therefore not be required to submit bonds. Bonds shall still be required on all subsequent Task Orders exceeding $100,000.00.

H-104

ENVIRONMENTAL PROTECTION

(a) SOLID, LIQUID, AND GASEOUS CONTAMINANTS: The Contractor shall be responsible for the proper disposal of all solid, liquid and gaseous contaminants, including asbestos and lead based paint, in accordance with all applicable federal, state, local and Nellis Air Force Base (NAFB) laws, regulations, codes, and management plans, including NAFB Management Plan 12.

(b) DISPOSAL OF REFUSE: The Contractor will be required to remove and properly dispose of all refuse from each respective installation for work performed under each task order.

(c) COVERED CHUTES/RECEPTACLES: All chutes and/or receptacles used for refuse collection shall be covered at all times, or of such design as to fully confine the material to prevent the dissemination of dust.

(d) SOIL EROSION: The Contractor shall provide and install protective barriers to prevent erosion on all required excavations.

(1) Wind: County Dust Permits are required for surface disturbances greater than 1/4 acre, or 100 lineal feet of trenching. Copies of any approved dust permits must be provided to 99 CES/CEVC (Air Program Manager) through the Contracting Officer. If in the opinion of the Contracting Officer, excessive dust is generated by the construction effort, the Contractor shall, at no cost to the Government, stop all activity until adequate dust control measures are implemented. County Dust Permits are required for all projects at Nellis and Creech AFB’s. The contractor must obtain all required County Dust Permits and submit a copy to 99 CES/CEVC prior to initiating work. The typical time to obtain a dust permit is two weeks.

(2) Water: The Contractor shall comply with all applicable Federal, State, local and Nellis AFB laws, regulations, codes and management plans in preventing the discharge of sediment into any stream, river, or waterway through direct discharge or by storm water runoff.

(e) MATERIAL SAFETY DATA SHEETS (MSDS): At least fourteen (14) calendar days prior to use, the Contractor shall submit three (3) copies of MSDS for any chemical or hazardous material, as defined In Federal Acquisition Regulation clause 52.223-3, Hazardous Material Identification and Material Safety Data, to the Contracting Officer as a submittal item. The contractor shall retain a copy for on site use (see Nellis AFB Requirements for Hazardous Materials Authorization Procedures for Contractors).

(f) CONTAMINATED SOILS: Work requested of the Contractor may include the removal and/or disposal of contaminated soils. Contaminated soils are defined as soils containing non-hazardous materials such as JP-8 aircraft fuel, heating fuel oil, or other materials, as may be identified by 99 CES/CEV. All contaminated material shall be removed, transported and disposed of in accordance with all applicable laws, regulations and policies, as identified in clause (a) above. The contractor shall also submit a copy of all permits and disposal certificates to the Contracting Officer as a submittal item for review by 99 CES/CEVP. All costs incurred for the disposal of contaminated soils, as a result of the Contractors negligence, will be the Contractors responsibility.

(g) HAZARDOUS MATERIALS: The Contractor shall immediately notify the Contracting Officer, Quality Assurance Evaluator (QAE) or Inspector, any material used during execution of the work period, which is suspected of being hazardous, in accordance with federal, state, and local laws and regulations; . All Hazardous Materials must be authorized before being brought on or used on Nellis AFB (See attached hazardous materials authorization and usage procedural documents). All hazardous materials must be properly stored and handled per federal, state and local laws and regulations. Where applicable, the Contractor shall use environmentally safe products.

(h) HAZARDOUS WASTE: The Contractor is responsible for the proper handling and management of all hazardous waste generated from his work performed on Air Force property. The contractor must, store, document and transport hazardous waste in accordance with applicable Federal, State, local and Air Force regulations. Unless otherwise specified, in complying with NAFB Management Plan 12 requirements, the contractor must contact 99 CES/CEV for waste handling instructions and disposal coordination. Only authorized NAFB individuals are allowed to sign a Uniform Hazardous Waste Manifest for Nellis AFB. The contractor will be held fully liable for any contractor activity/ non-activity resulting in a Notice of Violation (NOV) or any other regulatory penalty. All hazardous or non-hazardous wastes generated by the Contractor will be the responsibility of the Contractor. If a NOV is issued or regulators are investigating a potential violation, the Contractor will assist Nellis in defending the investigation.

(i) ASBESTOS: The Contractor shall provide an asbestos demolition permit ten (10) days prior to the removal of any asbestos from any facility at NAFB or any other location specified in this contract. 99 CES/CEVC must be contacted and coordinate on any asbestos work.

(j) SPILLS: In addition to abating any hazardous substance spill occurring during the course of this contract, the Contractor shall:

(1) During normal working hours, immediately report all spills > five (5) gallons to the 99 CES/CEV 652- 4123.

(2) After 4:30 p.m. or on weekends, immediately contact the Nellis Command Post at 652-2446.

(3) Forward a written, completed spill report to the Contracting Office within 24 hours after the occurrence.

Report Forms can be obtained from 99 CES/CEV.

(4) Abate the spill in accordance with all applicable Federal, State, local and Air Force regulations. All abatement costs incurred by the Contractor shall be the responsibility of the Contractor.

(k) AIR QUALITY: The Contractor shall comply with Clark County Department of Air Quality and Environmental Management (DAQEM) regulations and obtain an Authority To Construct (ATC) for the installation of any emission units identified in the contract. The ATC shall be obtained prior to commencing work and coordinated through 99 CES/CEVC. The Contractor shall submit the application to 99 CES/CEVC for approval. When 99 CES/CEVC has approved the contractor’s application, 99 CES/CEVC shall submit the application for 99 ABW/CC signature . 99 CES/CEV shall then submit the application to the regulatory agency.

The Contractor shall be responsible for providing additional information, as requested by the regulatory agency.

The Contractor shall also be responsible for all fees associated with the application.

(l) HISTORICAL, ARCHEOLOGICAL, AND CULTURAL RESOURCES: The Contractor shall take precautions to preserve all existing historical, archeological, and cultural resources, as they exist immediately prior to project start. If, during the course of the project, the Contractor observes unusual items that might have historical or archeological value, such observations shall be reported, as soon as possible, to the Contracting Officer, who will contact the 99 CES/CEVN.

(m) FLORA AND FAUNA: The Contractor shall perform all work and take such steps required to minimize interference with or disturbances to flora and fauna. The Contractor shall not alter water flows or otherwise disturb native habitat adjacent to the work area, which in the opinion of the Contracting Officer are critical to flora and fauna.

(n) WATER RESOURCES: The Contractor shall not pollute any stream, river, or waterway through direct discharge or by storm water runoff. The Contractor shall comply with all applicable Federal, State, local and Nellis AFB laws, regulations, codes and management plans.

(o) RECYCLING: Recycling efforts should take place whenever feasible. The contractor shall contact 99 CES/CEV about any recycling efforts.

HAZARDOUS MATERIALS AUTHORIZATION PROCEDURES FOR CONTRACTORS

Contractors using hazardous material (HAZMAT) on NAFB must comply with the authorizations procedures described below. (Reference AFI 32-7086, 2.5.5)

(a) Contractors must provide to the Nellis AFB Contracting office, as a submittal item, a list of proposed hazardous materials (HAZMAT), including Material Safety Data Sheets (MSDS) that it plans to use on the installation during the performance of the contract. The Contracting officer/administrator will then forward this information to the Quality Assurance (QA) evaluator or Inspector.

(b) This information will be forwarded to the HAZMART office (Building 811) by the Inspector. HAZMART office will review the information and determine which contractor-identified materials need to be tracked.

(c) For each contractor-identified HAZMAT that does not meet the Air Force definition of a HAZMAT, these requirements do not apply.

(d) For each contractor-identified HAZMAT that does meet the Air Force definition of a HAZMAT, the HAZMART office will notify the Inspector of the material requiring authorization and tracking. An AF-EMIS worksheet (see below) will be completed and submitted as a submittal item to the Contracting Officer.

(e) The HAZMART office can assist the Contractor in completing the AF-EMIS worksheet if requested.

(f) The HAZMART office will enter the contractor supplied information into the HAZMAT tracking system to generate an AF Form 3952.

(g) The Contractor will be issued tracking labels (barcodes) to assist in tracking and reporting the material used during the performance of the contract. It is encouraged that the labels be affixed to the material. A Form 3952 will also be issued for the Contractors files. Copies of the AF Form 3952 must be kept on-site for the duration of the project. The contractor will be added to the authorized users list (AUL) by the HAZMART office.

(h) Contractor will be required to report to the Inspector on a monthly basis (by the 5th of the month) and at the end of the contract, within 10 working days after the completion of the project, the material used (see Contractor’s Monthly Hazmat Usage Report).

(i) QA or Inspector will forward this information to the HAZMART by the 10th of every month.

(j) HAZMART office will assist the QA, Inspector, and Contractor in any way possible and to answer any questions.

(k) Material brought on the installation, that was not originally identified by the contractor, must be authorized.

MSDS and other related information, provided by the contractor, must be given to the HAZMART office.

(l) Hours of operation for the HAZMART are 0700 to 1600 hours Monday through Friday, Building 811.

HAZMART phone numbers: 652-9856 or 652-4352

(m) Webpage: https://wwwmil.nellis.af.mil/units/99CES/environmental/hazmart&cap.htm

(n) HAZMAT DEFINITIONS: Any item or class of items covered in the Emergency Planning and Community Right-to-Know Act (EPCRA) tracking requirements, OSHA HAZCOM Standard, and all Class I, and Class II ODS (Ozone Depleting Substances). The following items are a few examples of type of products that may be required to be track in AF-EMIS:

(1) Items with the flash-point of 141 degrees or below.

(2) All paints, Lacquer, Enamels, and Thinners (Water-based, non-lead, non-polyurethane Latex paints are exempt from HAZMART tracking MSDS still required).

(3) Adhesive, Sealants, Glues, some types of caulking.

(4) Some Cleaning Supplies: Bleach, some types of glass cleaner, Drain cleaners, some floor waxes & stripers and others.

(5) Pesticides, Insecticides, Herbicides, Fungicides. Usages of these products are to be used only if specifically specified in the contract, otherwise usage of these materials is not permitted on Nellis AFB. Usage must be reported to 99 CES/CEOUE, Building 1037. Phone number: 652-5613.

Compressed Gases.

(6) Any type of material with a PH of 2 and below or 10.5 and above.

CONTRACTOR'S MONTHLY HAZMAT USAGE REPORT

Contractor: AF-EMIS Shop Code:

Contract #: Reporting Date:

The following information is required for tracking of Hazardous materials on Nellis AFB. This form is required to be filled out on a monthly basis and returned to the Government Representative (Inspector) by the 5th of the month. The Government Representative will provide a copy to the Hazmart office.

This information is required to comply with State, Federal and Air Force laws and regulations.

Material Manufacture NSN# Unit of Issue Amount

Name (can, bottle, tube) Used

Contractor Representative: Print Date

Signature

Government Representative: Print Date

Signature

AF-EMIS AUTHORIZATION REQUEST WORKSHEET

TYPE OF REQUEST: END DATE:

(circle one) LIMITED ONE-TIME RECURRING (required for Limited & One-Time uses)

SHOP INFORMATION

SHOP CODE: SUPPLY ACCOUNT(S) (optional):

MATERIAL INFORMATION

NSN/LSN:

DRAW INFORMATION

DRAW AMOUNT: DRAW FREQUENCY: (circle one) Greater than Yearly, Annually, Semi-Annually, Quarterly, Monthly, Weekly, Daily, One-Time Only

(AMOUNT ON HAND)

SOLE SOURCE INFORMATION

DOES THIS PROCESS INVOLVE A SOLE SOURCE REQUIREMENT? (circle one) YES NO

SOLE SOURCE MANUFACTURER NAME OR CAGE: SOLE SOURCE PART NUMBER/TRADE NAME:

JUSTIFICATION/REQUIRING DOCUMENT

IS THERE A TECHNICAL ORDER OR OTHER DOCUMENT JUSTIFYING THE USE OF THE REQUESTED MATERIAL?

(circle one) YES NO

JUSTIFICATION REQUIRING DOC PAGE# PARA REVDATE REV WEAPON SYS REMARKS

PROCESS INFORMATION

IS THIS REQUEST FOR A NEW WORKLOAD OR PROCESS IN THIS SHOP? (circle one) YES NO

IS THIS REQUEST FOR A NEW MATERIAL FOR THE SHOP? (circle one) YES NO

WILL THIS AUTHORIZATION REPLACE ANOTHER AUTHORIZATION (DIFFERENT PROCESS OR MATERIAL)?

(circle one) YES NO

IF YES, ENTER THE CONTROL ID FOR THE AUTHORIZATION BEING REPLACED:

REPLACE REASON: (optional)

AF-EMIS PROCESS CODE:

TASK INFORMATION

TASK DESCRIPTION (fully describe work activity and process in which this material is used):

DURATION OF TASK: FREQUENCY OF TASK:

(i.e. 5 minutes, NO VARIANCES) (i.e. 4 monthly, NO VARIANCES)

AMOUNT OF MATERIAL USED PER TASK: (specify units if other then unit of issue) (i.e. 2 bottles, 8 oz’s, NO VARIANCES) APPLICATION METHOD: (circle only one)applicator, brush, cloth, dipping, hose, not applied, parts washer, Pouring, pressurized bottle, servicing unit, putty knife/spatula, spray, squeeze bottle, squeeze tube, vapor condenser

AF-EMIS AUTHORIZATION REQUEST WORKSHEET, continued

PERSONNEL EXPOSURE

NUMBER OF PERSONNEL INVOLVED IN THIS TASK: (optional)

EXPOSURE TIME (in Seconds): (optional)

SHIFT TIME (If other than 8 hrs): (optional)

WOULD SKIN CONTACT OCCUR WITHOUT THE USE OF PPE? (circle one) YES NO

IF YES,WHERE WOULD SKIN CONTACT OCCUR WITHOUT PPE: (circle those that apply)

FACE EYES HANDS TORSO WHOLE BODY

PERSONAL PROTECTIVE EQUIPMENT (PPE)

WILL PERSONAL PROTECTIVE EQUIPMENT BE WORN DURING THIS PROCESS? (circle one) YES NO

RESPIRATOR RESPIRATOR RESPIRATOR RESPIRATOR

PPE TYPE PPE MANUFACTURER MODEL CARTRIDGE TYPE TC #

BODY - FACE - FEET - HANDS

RESPIRATOR - TORSO - HEAD

BODY - FACE - FEET - HANDS

RESPIRATOR - TORSO - HEAD

BODY - FACE - FEET - HANDS

RESPIRATOR - TORSO - HEAD

BODY - FACE - FEET - HANDS

RESPIRATOR - TORSO - HEAD

LOCATION INFORMATION

WILL THE PROCESS BE PERFORMED IN: (check all that apply)

A FACILITY, AIRCRAFT, EQUIPMENT, MANHOLE OR OTHER STRUCTURE, OUTDOORS,

SMALL OR RESTRICTED SPACE, CONFINED SPACE

WILL THE PROCESS BE PERFORMED IN A LOCATION OTHER THE THAN SHOP? (circle one) YES NO If yes, write a description of the Process Location (building number, etc.)

WHAT IS THE STORAGE LOCATION FOR UNUSED MATERIAL?

INDUSTRIAL EQUIPMENT:

WILL INDUSTRIAL EQUIPMENT BE USED?(circle one) YES NO

EQUIPMENT TYPE EQUIPMENT NO (optional) TRANSFER METHOD

HANDLING INFORMATION

WILL THE MATERIAL BE MIXED WITH ANOTHER SUBSTANCE OR SUBSTANCES? (circle one) YES NO

MIXING METHOD: (circle only one) Closed container mix, Hand, Impregnated, Open container, stirred, water/foam pump

WILL THE MATERIAL BE HEATED DURING THE PROCESS? (circle one) YES NO

HEATING METHOD:(circle one) MIN WORKING TEMP Heat Blanket, Oven, Soldering Iron, Torch

MAX WORKING TEMP

TEMP. UNITS ( °F/°C)

ABRASION METHOD: (sanded?) Not abraded, File, Grinder, Sander, Wire Brush

WILL THE MATERIAL BE PRESSURIZED DURING THE PROCESS? (circle one) YES NO

PRESSURIZATION METHOD: MIN WORKING PRESS

MAX WORKING PRESS

PRESS. UNITS

ENGINEERING CONTROLS

ENGINEERING CONTROLS IN USE DURING THE PROCESS: (circle all that apply)

NONE, CANOPY HOOD, COOLING COIL, COVERED TANK, CROSS FLOW PAINT BOOTH,

ENCLOSURES,

EXHAUST VENTILATION SYSTEM, PAINT BOOTH, SEMI DOWN DRAFT PAINT

BOOTH

WASTE GENERATED DURING PROCESS

DESCRIBE THE METHOD OF DISPOSAL FOR THE WASTE THAT IS GENERATED: (circle all that apply) AIR EMISSION, BULK CONTAINER, CONSUMED IN USE, DRAINED TO INDUSTRIAL WASTE TREATMENT PLANT, DRAINED TO SANITARY SEWER, DRUMMED/CONTAINERIZED, RECYCLED ON SITE, RECYCLED OFF-SITE, REUSED, TRASH/MUNICIPAL WASTE, TURNED-IN TO 90 DAY SITE, TURNED-IN TO LHM

WASTE ACCUMULATION POINT: (optional)

WASTE NSN: (optional)

WASTE PROFILE: (optional)

END ITEM (If other than a weapon system: (optional)

REMARKS (provide any additional information):

REQUESTOR CERTIFIER

REQUESTOR'S NAME: CERTIFIER'S NAME:

I certify that the material will be used as stated above. I certify that the material is required as stated above.

TITLE: TITLE:

OFFICE/ORG SYMBOL: OFFICE/ORG SYMBOL:

TELEPHONE #: TELEPHONE #:

DATE: DATE:

H-109

PAYROLLS

(a) The Contractor shall submit weekly payrolls in conformance with FAR Clause 52.222-8, Payrolls and Basic Records. This information may be submitted on Optional Form WH-347 and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington DC 20402. When OF WH 347 (or an equivalent form that provides the same data and identical representation) is not used, a DD Form 879, Statement of Compliance, must be submitted with each payroll report.

Payroll information must be certified but may be submitted in any form desired.

(b) The prime contractor shall submit both its and its subcontractor's weekly payrolls within seven (7) calendar days after the regular payment date of the payroll week covered. When no work has been accomplished during the week, by either the prime or a subcontractor who has started work, the contractor shall certify a "Statement of Non- Performance" for itself and/or its subcontractors.

(c) Subcontractor payrolls shall be provided under transmittal cover letter from the prime contractor to show their review and approval.

(d) The contractor shall request conformance of any class of…