Solicitation_-_FA487719RA017.pdf

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers 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, is not required.

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

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

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

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

12b. CALENDAR DAYS

YES NO

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

AMOUNTS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

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

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

FA487719RA017

Section A - Solicitation/Contract Form

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

0001 SABER Retention Fee FFP- Contractor shall provide all plant, labor, materials, management and equipment required to perform all operations necessary to execute delivery orders against the Simplified Acquisition of Base Engineer Requirements (SABER) contract for the entire performance of the contract. Contractor shall complete all work incidental to completing a proposal for a specific project, including attending site visits, obtaining necessary information about the project, preparing a Statement of Work (SOW) for work to be accomplished, developing analysis, drawings, cost estimates and negotiating the final project cost.

AWARD OF THE SABER RETENTION

FEE WILL BE PROVIDED FOR

REQUIREMENTS WHICH DO NOT GO

TO FORMAL CONSTRUCTION IAW

SABER SOW, PARAGRAPH(S) 7.5

AND 10.1

Firm Fixed Price

Lot

0002 SABER Coefficient FFP- Contractor shall provide all plant, labor, materials, management and equipment required to perform all operations necessary to execute delivery orders against the Simplified Acquisition of Base Engineer Requirements (SABER) contract for the entire performance of the contract. Contractor shall complete all work incidental to completing a proposal for a specific project, including attending site visits, obtaining necessary information about the project, preparing a Statement of Work (SOW) for work to be accomplished, developing analysis, drawings, cost estimates and negotiating the final project cost.

Firm Fixed Price

Lot

Section C - Description/Specifications/Statement of Work

Requirements A. Simplified Acquisition of Base Engineer Requirements (SABER). A SABER contract provides a streamlined means to complete construction projects estimated less than $2 million. SABER offerors shall propose a coefficient. Delivery/Task Orders use the coefficient; multiplied against standard unit prices contained in a unit price guide (UPG). The UPG utilized will be the R.S. Means.

B. Work to be performed under the SABER contract will be general construction category; to include design/build, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving, and earth work on Davis-Monthan AFB.

C. This is a competitive Small Business Administration 8(a) Set-Aside. One (1) award will be made. 10 USC 2304(c)(5) is the authority for use of other then full and open competition. THIS PROCURMENT IS SET ASIDE AS AN 8(a) COMPETITIVE LIMITED TO ARIZONA 8(a) FIRMS WITH A BONA-FIDE ARIZONA OFFICE. The assigned SBA Requirement Number is QL1549404908C.

D. Guaranteed contract minimum will be the cost of the awardees proposed retention fee.

E. Contract performance is one period consisting of 60 months

F. Sections K, L and M will be physically removed from the resultant award, but will be deemed to be incorporated by reference in the award.

G. See FAR Clause 52.236-27 and AFFARS Clause 5352.215-9001 in this solicitation for site visit information.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-12 Inspection of Construction. 1996-08 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements. 1996-08

0001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: FA4877 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA4877 355 CONS PK

3180 S CRAYCROFT RD BLDG 2525

CP 520 228 3131

DAVIS MONTHAN AFB, AZ 85707 3522

United States

OfficeCode:

David Harrison Telephone: 520-228-4673 Email:

0002 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: FA4877 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA4877 355 CONS PK

3180 S CRAYCROFT RD BLDG 2525

CP 520 228 3131

DAVIS MONTHAN AFB, AZ 85707 3522

United States

OfficeCode:

David Harrison Telephone: 520-228-4673 Email:

0001 Inspection and Acceptance Location

Both

Destination Instructions: N/A

DoDAAC: FA4877 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA4877 355 CONS PK

3180 S CRAYCROFT RD BLDG 2525

CP 520 228 3131

DAVIS MONTHAN AFB, AZ 85707 3522

United States

OfficeCode:

David Harrison Telephone: 520-228-4673 Email:

0002 Inspection and Acceptance Location

Both Destination Instructions: N/A

DoDAAC: FA4877 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA4877 355 CONS PK

3180 S CRAYCROFT RD BLDG 2525

CP 520 228 3131

DAVIS MONTHAN AFB, AZ 85707 3522

United States

OfficeCode:

David Harrison Telephone: 520-228-4673 Email:

Section F - Deliveries or Performance

FAR Clauses Incorporated by Full Text

52.211-10 Commencement, Prosecution, and Completion of Work. 1984-04 The Contractor shall be required to (a)commence work under this contract within ten (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 the number of days/calendar date indicated on each individual Delivery/Task Order. The time stated for completion shall include final cleanup of the premises.

The Contracting Officer shall provide a separate Notice to Proceed for each individual Delivery/Task Order. The notice to proceed will specify the number of days and/or a calendar date specified for each individual Delivery/Task Order. The period of performance will be stated in each individual Delivery/Task Order.

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.236-7000 Modification Proposals--Price Breakdown 1991-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

(a) Definitions. As used in this clause-

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow

(WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov;

and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

CONSTRUCTION INVOICE

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

F1P35C / F1P35D

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

____ (Contracting Officer: Insert either Invoice 2in1 or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF combo document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* | Field Name in WAWF || Data to be entered in WAWF || Pay Official DoDAAC || ____ || Issue By DoDAAC || ____ || Admin DoDAAC || ____ || Inspect By DoDAAC || ____ || Ship To Code || ____ || Ship From Code || ____ || Mark For Code || ____ || Service Approver (DoDAAC) || ____ || Service Acceptor (DoDAAC) || ____ || Accept at Other DoDAAC || ____ || LPO DoDAAC || ____ || DCAA Auditor DoDAAC || ____ || Other DoDAAC(s) || ____ |

NOTE: Data to be entered into WAWF will be provided with each Task Order.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activitys WAWF point of contact.

Inspector: N/A Buyer/Administrator: joshua.drawdy.2@us.af.mil Contracting Officer: christopher.raney@us.af.mil Contracting Officer: david.harrison.2@us.af.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. 2013-11 52.203-3 Gratuities. 1984-04 52.203-5 Covenant Against Contingent Fees. 2014-05 52.203-6 Restrictions on Subcontractor Sales to the Government. 2006-09 52.203-7 Anti-Kickback Procedures. 2014-05 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 2014-05 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 52.203-13 Contractor Code of Business Ethics and Conduct. 2015-10 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. 2014-04 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. 2017-01 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01 52.204-2 Alternate II Security Requirements. - (Alternate II) 1996-08 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12 52.204-22 Alternative Line Item Proposal. 2017-01 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. 2018-07 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 2019-08 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. 2015-10 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02 52.211-13 Time Extensions. 2000-09 52.215-2 Audit and Records-Negotiation. 2010-10 52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications. 2010-10 52.217-2 Cancellation Under Multi-year Contracts. 1997-10 52.219-8 Utilization of Small Business Concerns. 2018-10 52.219-14 Limitations on Subcontracting. 2017-01 52.222-1 Notice to the Government of Labor Disputes. 1997-02 52.222-3 Convict Labor. 2003-06 52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. 2018-03 52.222-6 Construction Wage Rate Requirements. 2018-08 52.222-7 Withholding of Funds. 2014-05 52.222-8 Payrolls and Basic Records. 2018-08 52.222-9 Apprentices and Trainees. 2005-07 52.222-10 Compliance with Copeland Act Requirements. 1988-02 52.222-11 Subcontracts (Labor Standards). 2014-05 52.222-12 Contract Termination-Debarment. 2014-05 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. 2014-05 52.222-14 Disputes Concerning Labor Standards. 1988-02 52.222-15 Certification of Eligibility. 2014-05 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-27 Affirmative Action Compliance Requirements for Construction. 2015-04 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or

Separately Specified Method). 2018-08 52.222-37 Employment Reports on Veterans. 2016-02 52.222-54 Employment Eligibility Verification. 2015-10 52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 52.223-6 Drug-Free Workplace. 2001-05 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners. 2016-06 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. 2018-08 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.223-21 Foams. 2016-06 52.224-1 Privacy Act Notification. 1984-04 52.224-2 Privacy Act. 1984-04 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.227-1 Authorization and Consent. 2007-12 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. 2007-12 52.228-2 Additional Bond Security. 1997-10 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.228-11 Pledges of Assets. 2018-08 52.228-12 Prospective Subcontractor Requests for Bonds. 2014-05 52.228-14 Irrevocable Letter of Credit. 2014-11 52.229-3 Federal, State, and Local Taxes. 2013-02 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments). 2013-02 52.232-17 Interest. 2014-05 52.232-18 Availability of Funds. 1984-04 52.232-23 Assignment of Claims. 2014-05 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.236-2 Differing Site Conditions. 1984-04 52.236-3 Site Investigation and Conditions Affecting the Work. 1984-04 52.236-5 Material and Workmanship. 1984-04 52.236-6 Superintendence by the Contractor. 1984-04 52.236-7 Permits and Responsibilities. 1991-11 52.236-8 Other Contracts. 1984-04 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. 1984-04 52.236-10 Operations and Storage Areas. 1984-04 52.236-11 Use and Possession Prior to Completion. 1984-04 52.236-12 Cleaning Up. 1984-04 52.236-13 Accident Prevention. 1991-11 52.236-14 Availability and Use of Utility Services. 1984-04 52.236-15 Schedules for Construction Contracts. 1984-04 52.236-17 Layout of Work. 1984-04 52.242-13 Bankruptcy. 1995-07 52.242-14 Suspension of Work. 1984-04 52.243-4 Changes. 2007-06 52.243-5 Changes and Changed Conditions. 1984-04 52.244-6 Subcontracts for Commercial Items. 2018-10 52.248-3 Alternate I Value Engineering-Construction. - (Alternate I) 1984-04 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements). 2012-04 52.249-10 Default (Fixed-Price Construction). 1984-04 52.253-1 Computer Generated Forms. 1991-01

DFARS Clauses Incorporated by Reference

Number Title Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract- Related Felonies. 2008-12 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7000 Disclosure of Information. 2016-10 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2016-10 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism. 2015-10 252.219-7011 Notification to Delay Performance. 1998-06 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 252.223-7004 Drug-Free Work Force. 1988-09 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7048 Export-Controlled Items. 2013-06 252.227-7022 Government Rights (Unlimited). 1979-03 252.227-7033 Rights in Shop Drawings. 1966-04 252.232-7004 DoD Progress Payment Rates. 2014-10 252.232-7010 Levies on Contract Payments. 2006-12 252.236-7005 Airfield Safety Precautions. 1991-12 252.236-7013 Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. 2010-10 252.247-7024 Notification of Transportation of Supplies by Sea. 2000-03

AFFARS Clauses Incorporated by Reference

Number Title Effective Date 5352.223-9001 Health and Safety on Government Installations 11/1/2012

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. 1989-12

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(End of clause)

52.211-12 Liquidated Damages-Construction. 2000-09

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount which equals the combined average hourly rates of the Contracting Officer, Contract Administrator, Contract Managers, Contract Inspectors, and the Staff Judge Advocate responsible for reviewing the action; this average will be chargeable for the first day of delay only, subsequent days will be charged at a rate excluding the Staff Judge Advocate position. In the event the delay will result in substantial charges to the Government, (e.g. lodging, flying operations, etc.,) the additional damage limitations will be calculated and added into the appropriate Delivery/Task Order. Each Delivery/Task Order will have independent liquidated damages assigned depending on applicability, location and magnitude of work.

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

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications. 2010-10

As prescribed in 15.408(m), insert the following clause: Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications (Oct 2010) (a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth at FAR 15.403-4 on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable- (i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office. (ii) Information on modifications of contracts or subcontracts for commercial items. (A) If- (1) The original contract or subcontract was granted an exception from certified cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item; and (2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item. (B) For a commercial item exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Such information may include- (1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g.,wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities. (2) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market. (3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item. (2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace. (b) Requirements for certified cost or pricing data. If the Contractor is not granted an exception from the requirement to submit certified cost or pricing data, the following applies: (1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I. (2) As soon as practicable after agreement on price, but before award (except for unpriced actions), the Contractor shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR15.406-2.

52.216-18 Ordering. 1995-10

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract award through one year and throughout any option period exercised thereafter.

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

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

(End of clause)

52.216-19 Order Limitations. 1995-10

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than the established price of the Design Fee, as stipulated within the resulting Contract, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $2,000,000.00 (Two Million U.S. Dollars);

(2) Any order for a combination of items in excess of $25,000,000.00 (Twenty Five Million U.S. Dollars); or

(3) A series of orders from the same ordering office within 14 days that together call for quantities exceeding the limitation in paragraph(b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e.,includes the Requirements clause at subsection52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph(b) of this section.

(d) Notwithstanding paragraphs(b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph(b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 Requirements. 1995-10

As prescribed in 16.506(d), insert the following clause: Requirements (Oct 1995) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as estimated or maximum in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after ____ [insert date].

52.216-22 Indefinite Quantity. 1995-10

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after a) the last day of the final stated performance period/Delivery Date of the last option (Option year(s) and/or Base Year) exercised, or b) after the negotiated completion date of the last Delivery Order issued; (which-so-ever stipulated to be of a later calendar date, shall supersede).

52.219-17 Section8(a) Award. 2017-01

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

(1)To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section8(a) of the Small Business Act, as amended (15 U.S.C.637(a)).

(2)Except for novation agreements, delegates to the 355th Contracting Squadron, Davis-Monthan Air Force Base the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3)That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4)To notify the 355th Contracting Squadron, Davis-Monthan Air Force Base Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5)That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the Disputes clause of the subcontract.

(b)The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(c)The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the 355th Contracting Squadron, Davis-Monthan Air Force Base.

(End of clause)

52.219-18 Notification of Competition Limited to Eligible 8(a) Participants. 2017-01

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer-

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph(a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d) (1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The _____________________________ [insert name of SBA's contractor] will notify the ____ [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

52.219-18 Alternate I Notification of Competition Limited to Eligible 8(a) Participants. - (Alternate I) 2017-01

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer-

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph(a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d) (1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The ____ [insert name of SBA's contractor] will notify the ____ [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.If the competition is to be limited to 8(a) participants within one or more specific SBA regions or districts, add the following paragraph(a)(3) to paragraph(a) of the clause:

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

Small Business Administration Arizona District Office 2828 North Central Avenue Suite 800 Phoenix, AZ 85004 (www.sba.gov/az) / Arizona@sba.gov

52.219-28 Post-Award Small Business Program Rerepresentation. 2013-07

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

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

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

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

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

(3) For long-term contracts-

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

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

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

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

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

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

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

The Contractor represents that it [_] is, [_] is not a small business concern under NAICS Code 236220 assigned to contract number ____.

[Contractor to sign and date and insert authorized signer's name and title].

(End of clause)

52.222-26 Equal Opportunity. 2015-09

As prescribed in 22.810(e), insert the following clause: Equal Opportunity (Sept 2015) (a) Definition. As used in this clause.

"Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.

"Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace;

market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations;

salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation. "Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if- (1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or (2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information. "Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. "Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/ LGBT/LGBT_FAQs.html. "United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b) (1) If, during any 12-month period (including the 12months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5). (c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41CFR 60-1.5.