ConformedSolicitation07R0012Amendment 4.doc

Section B - Supplies or Services and Prices

Airfield Paving

COST

FFP - Contractor shall provide all plant, labor, supervision, transportation necessary for Airfield paving on Luke Air Force Base and Gila Bend Air Force Auxiliary Field in accordance with the attached price schedule for the period of one year which will be dated at time of award. The period of performance shall be stated on each individual delivery order. See Section J, Attachment 2, Price Schedule.

FOB: Destination

NSN: Z222-24-PAV-ING

SIGNAL CODE: A

MAX COST

COST

FFP - Contractor shall provide all plant, labor, supervision, transportation necessary for Airfield paving on Luke Air Force Base and Gila Bend Air Force Auxiliary Field in accordance with the attached price schedule for the period of one year which will be dated at time of award. The period of performance shall be stated on each individual delivery order. See Section J, Attachment 2, Price Schedule.

FOB: Destination

MAX COST

COST

FFP - Contractor shall provide all plant, labor, supervision, transportation necessary for Airfield paving on Luke Air Force Base and Gila Bend Air Force Auxiliary Field in accordance with the attached price schedule for the period of one year which will be dated at time of award. The period of performance shall be stated on each individual delivery order. See Section J, Attachment 2, Price Schedule.

FOB: Destination

MAX COST

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

AMOUNT

MAXIMUM

AMOUNT

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

AMOUNT

MAXIMUM

AMOUNT

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.

AMOUNT

MAXIMUM

AMOUNT

$5,000,000.00

$5,000,000.00

$5,000,000.00

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

L-706

INSPECTION AND ACCEPTANCE (JUL 1993)

Inspection and acceptance will be a destination(s) specified in Section “E” hereof.

56 CES/CECC is designated as the office responsible for inspecting the work while the Contracting Officer is responsible for final acceptance of the work.

Section F - Deliveries or Performance

DELIVERY INFORMATION

20-SEP-2008

RAY PETTI

13970 W. LIGHTNING ST

BLDG 343

ENGINEERING SECTION

LUKE AFB AZ 85309

623-856-3513

FOB: Destination F2U308

20-SEP-2009

F2U308

20-SEP-2010

F2U308

Section G - Contract Administration Data

L-713 (56 CONS/LGCP) ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (SEP 06)

Contractors shall use Wide Area WorkFlow (WAWF) (https://wawf.eb.mil) to submit payment requests in electronic form. Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests, prescribes policies and procedures for submitting and processing payment requests in electronic form to comply with 10 U.S.C. 2227, and is referenced in this contract. Vendors are encouraged to access farsite.hill.af.mil, and read DFARS 252.232.7003 in full text.

To begin self-registration process, contractors must contact DISA WESTHEM, Area Command Ogden, Customer Service Center, 1-866-618-5988 and request CAGE code input into WAWF system.

Point of contact for assistance, to include self-registration, submission of payment request, training, etc. is Mr. Alex Skarlatos, Contract Specialist, 623-856-7179/x265, alex.skarlatos@luke.af.mil. Training will be provided, by appointment, when requested.

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR INVOICE(S) AND ADDITIONAL E-MAIL(S) CORRECTLY THROUGH WAWF:

FORMCHECKBOX

Stand-Alone Invoice FORMCHECKBOX (Fast Pay – FAR 52.213-1)

FORMCHECKBOX

Construction Payment Invoice

FORMCHECKBOX

Invoice + Receiving Report (Combo)

FORMCHECKBOX

Performance Based Payment Invoice

Invoice as 2-In-1 (Services Only)

Progress Payment Invoice

Cost Voucher Invoice (FAR 52.216-7, 52.216-13, 52.216.14, 52.232-7)

Contract Number: (When GSA, insert GSA contract number)

Delivery Order:

Issue-by DoDAAC:

FA4887

Admin DoDAAC:

FA4887

Inspected By DoDAAC/BPN:

F2U308 Ship-To Code/BPN:

F2U308 Service Acceptor/BPN:

FA4887

Pay DoDAAC:

F67100

ADDITIONAL E-MAIL NOTIFICATIONS:

INSPECTOR:

raymond.petti@luke.af.mil

ACCEPTOR/CONTRACTING OFFICER:

mary.peetz@luke.af.mil

CONTRACT ADMINISTRATOR ON THE CONTRACT:

alvina.andrews@luke.af.mil Payment information may be accessed using DFAS website at https://www.dfas.mil. Your purchase order/contract number or invoice will be required to check status of your payment.

DISA WESTHEM

Area Command Ogden Customer Service Center

CONUS ONLY: 1-866-618-5988

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

L-701

ARIZONA PRIVILEGE TAX INFORMATION (APR 1999)

There are certain Arizona Taxes that are applicable to any contract. The offeror may contact the State of Arizona, Revenue Department, Sales Tax Audit Section, 1160 W. Monroe, Phoenix, AZ 85007, to determine the taxes and the base upon which such taxes must be paid. Such taxes, if any, shall be considered as being included in the offeror’s price as stated in the bid schedule. These taxes are applicable to out-of-state as well as in-state firms.

Arizona Revised Statues (A.R.S.) 42-5061, Retail classification, imposes the transaction privilege tax on the business of selling tangible personal property at retail. A.R.S. 42-5061 (V)(3) defines “selling at retail” as a sale for any purpose other than for resale. Therefore, sales intended for resale are not taxable. The tax base for the retail classification is the gross proceeds of sales or gross derived from the business. All retail sales are subject to tax unless specifically exempted by statute.

COMMODITIES AND SERVICES

“Sales made directly to the United States government or its departments or agencies by a manufacturer, modifier, assembler or repairer” are not subject to tax (A.R.S. 42-5061(K)(1)). Note: Only sales by a manufacturer, modifier, assembler or repairer are 100% exempt. However, all other sales “made directly to the United States government or its departments or agencies” are deductible from the retailer’s tax base at a rate of 50% (A.R.S. 42-5061(L)).

CONSTRUCTION

A.R.S. 42-5075(B), Prime contracting classification, indicates that the tax base for prime contracting is 65% of the gross proceeds of sales or gross income derived from the business. Sales of tangible personal property to a person engaged in the business of prime construction contracting are not subject to tax if the property is incorporated or fabricated into the real property or project (A.R.S. 42-5061 (A)(27)).

CLAUSES INCORPORATED BY FULL TEXT

L-704 REQUIRED INSURANCE (JUN 2001) (IAW FAR 28.306(b)) Reference FAR clause entitled "Insurance..." the Contractor shall, at it's own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

a. Workman's Compensation and Employees Liability Insurance as required by law except that if this contract is to be performed in a State, which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen's Compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

c. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence of bodily injury and $20,000 per occurrence for property damage shall be required.

L-708

BASE FIRE PREVENTION PROGRAM (JUN 2001)

The contractor will be required to comply with the Fire Prevention Program regulations of the military installation to be serviced under this contract. The names of the installation(s), the applicable regulations, and the locations where these regulations may be reviewed are listed below:

Name of installation(s): Luke AFB, Arizona,Gila Bend, Fort Tuthill Regulation No. and Title: AFI 32-2001, The Fire Protection and Fire Prevention

Program, and Luke AFB Instruction 32-2001 Fire Prevention andProtections

Date: 01 Apr 99 and 27 Jun 03

Location: Bldg 450, Luke AFB, Arizona L-710

SMOKING IN AETC FACILITIES (JUL 1993)

Contractors are advised that the commander has placed restrictions on the smoking of tobacco products in AETC facilities. AFI 40-102, Tobacco Use in the Air Force, and its AETC supplement 1, outline the procedures used by the commander to control smoking in our facilities. Contractor employees and visitors are subject to the same restrictions as are Government personnel. Smoking is permitted only in designated smoking areas.

L-712

INFORMATION CONCERNING BONDS (SEP 2006)

(a) Performance and Payment Bonds. Within 10 days after receipt of the signed contract or notice of award, the contractor shall furnish two bonds, each with good and sufficient surety or sureties acceptable to the government; namely a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A). The penal sums of such bonds shall be as follows, but are not required for contracts of $30,000 or less:

(1) Performance Bond. The penal sum of the performance bonds shall equal 100 percent of the contract price.

(2) Payment Bond: The penal sum shall be 100 percent of the original contract price.

(b) In determining the penal sum of bonds for requirements contracts, the price payable for the estimated quantity shall be considered the contract price. When determining the penal sum of bonds for indefinite quantity contracts, the minimum quantity or value of the contract, as described in FAR 16.504(a), shall be considered the contract price. When the minimum value of the contract is exceeded, the Government may require additional bond protection in accordance with the guidance at FAR 28.102-2(a)(2) and FAR 28.102-2.

(c) Bonds will be furnished by the contractor to the government prior to commencement of contract performance.

L-714

NON-PRICED ITEMS (JUL 2005)

Price Schedule (ref. “Section J, Attachment 1”) is a comprehensive list of task and/or elements of work typically encountered at Luke Air Force Base. On occasion, there may be instances where specific tasks/elements of work not included on the original price schedule are necessary and are within the general scope of work contemplated. These unforeseen specific tasks/elements of work are known as "Non-Priced items”. If Non-Priced Items are being proposed and are valued over $2,500 in aggregate, the contractor shall make every effort to acquire pricing for such items through competitive quotes from a minimum of three suppliers where practical. During the task order preparation phase the contractor, upon request shall provide the Contracting Officer with any competitive quotes obtained. Non-Priced Items will then be negotiated during the task order preparation phase. Non-Priced Items shall be priced in the same manner to encompass all elements previously included in priced items (labor, material, overhead, profit, taxes, etc.) In no case shall Non-Priced items exceed 10% of the value of the task order. The Government may, at its discretion, amend “Price Schedule” to incorporate any Non-Priced Items should that item become repetitive in nature.

L-727

CONTRACTOR ACCESS TO AIR FORCE INSTALLATION (MAR 2007)

(a) Security Requirements. The Contractor shall adhere to the installation security requirements as provided for in AFI 31-601, INDUSTRIAL SECURITY, and Luke Supplement thereto in this contract. When work under this contract requires entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management, as applicable.

(b) The contractor shall obtain base identification and vehicle passes for all contractor personnel who make frequent visits to or perform work on the Air Force installation cited in the contract for more than 14 days per calendar year. Contractor personnel are required to wear and prominently display the installation identification badge while visiting or performing work on the installation. The Contractor will cooperate with Security Forces (56 SFS) processing of its employees for a Contractor Access Badge (CAB)/vehicle pass/criminal background checks/fingerprinting/National Agency Check (NAC) for access to Luke AFB under this contract.

(c) The contractor will submit a letter to the contracting officer specifying the individual(s) in the company authorized to sign for a request for base identification credentials or vehicle passes. The contractor shall submit a "Luke Contractor Badge Affidavit" and "Application for Personnel and Vehicle Pass to Work Under Air Force Contract" on each employee needing access to the base, to include subcontractor employees. The contracting officer will endorse the request and forward it to 56 SFS for processing. When reporting to the registration office to obtain a vehicle pass, the authorized contractor/individual(s) shall provide a valid drivers’ license, current vehicle registration, valid vehicle insurance certificate, and any additional documents required by 56 SFS.

(d) During performance of the contract, the contractor shall be responsible for obtaining all required identification/information and prompt submission for required processing on newly assigned personnel and prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site. Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes and badges issued to employees and subcontractor employees are returned to the 56 SFS office where it was issued.

(e) Long term contractor employees may be issued a Common Access Card (CAC) if there is an established need for logistical or physical access to either a DoD network or facility. The contractor requesting the CAC must be vetted by the employer organization using the approved DoD Contractor Verification System (CVS).

(f) Background Checks. All contractor employees are subject to background checks. The contractor must submit required information for each member employed NLT 14 days prior to required base access. This information will be placed on the Criminal History Log (form) for the purpose of conducting background checks and forwarded to 56 SFS by 56 CONS. 56 SFS is responsible for conducting background checks. Employees with negative history information are subject to base access denial through 56 SFS. Short suspense contracts will be given priority processing by 56 SFS. All employees of the Contractor shall comply with Luke security requirements prior to and after receiving installation access. 56 SFS shall conduct a criminal background check accessing the appropriate crime information centers. Prior to use of an employee on this contract, the Contractor shall validate the employee is a United States citizen or holds a valid resident alien status, validated by the Immigration and Naturalization Service.

(g) Convictions. Based on the results of the background check, felony convictions within the past ten (10) years or misdemeanor conviction within five (5) years involving violence, weapons, explosives, physical assault, espionage, illegal drugs, theft or any violations of immigration and naturalization laws shall constitute indisputable grounds for the Contracting Officer to immediately require removal of the employee from the installation. For convictions more than ten (10) years old, the Contractor may request employee installation access; however, this is subject to installation commander appproval.

(h) Warrants. Any Contractor employee found to have an outstanding warrant shall be turned over to the proper authorities. However, the Contractor may request access for an employee who is the defendant in a felony or misdemeanor case until a verdict is reached unless the nature of the alleged offense constitutes a possible threat to good order and discipline. The Contracting Officer shall be immediately notified of all such cases, and the Contracting Officer may require the Contractor to restrict the employee’s use on this contract until the case is resolved.

(i) If this contract requires that any of the Contractor's employees must submit to a NAC background check, the Government shall bear the expense of that background check.

(j) Removal of Contractor Employees. The Government reserves the right to direct the removal of an employee from the installation for substantiated misconduct (has the potential to jeopardize the mission, put themselves or others at risk, etc.) or security reasons.

(k) Failure to comply with these requirements shall result in withholding of contract progress or final payments. These actions do not relieve the Contractor from complete and satisfactory performance of the contract tasks specified therein.

(l) All references to contractor above include the contractor and subcontractors.

(m) The normal hours of work on Luke AFB AFB, and Gila Bend AFAF is from 0730 AM to 4:30 PM, Monday through Friday, excluding holidays. Access to work sites may be restricted to these hours and days. Work during other than normal hours must be coordinated in advance with the Contracting Officer. Work under this contract will be performed when the flying mission dictates. Most work will occur during night and weekend hours.

(End of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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

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

(End of clause)

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount deemed equitable at the time of award and assessed for each individual task order (if required) for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 1997)—ALTERNATE IV (OCT 1997)

(a) Submission of cost or pricing data is not required.

(b) Provide information described below: Provide line item pricing on Price Schedule (Attachment 1). If the contracting officer does not have sufficient data or information to determine price reasonableness, FAR 15.402(a)(2) requires the offeror to provide whatever information or data the contracting officer needs in order to determine fair and reasonable prices.

(End of provision)

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 21 Sep 2007 through 20 Sep 2010.

(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. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000 (insert dollar figure or quantity), 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 $1,000,000.00 (insert dollar figure or quantity);

(2) Any order for a combination of items in excess of $1,000,000.00 (insert dollar figure or quantity); or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 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) above.

(d) Notwithstanding paragraphs (b) and (c) above, 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)

52.216-22 Indefinite Quantity. (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 20 Sep 2010.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to contract expiration.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 120 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

(End of clause)

52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN 2003)

(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 Offeror will notify the 56th Contracting Squadron 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.

(End of clause)

52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN 2003)--ALTERNATE I (APR 2005)

(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.

(3) The offeror's approved business plan is on the file and serviced by to be determined at time of award .

(b) By submission of its offer, the Offeror certifies 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 Offeror will notify the 56th Contracting Squadron 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.

(End of clause)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material

Identification No.

(If none, insert "None")

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause) 52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (JUN 2006)

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

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or United Kingdom);

(2) Free Trade Agreement country (Australia, Canada, Chile, El Salvador, Honduras, Mexico, Morocco, Nicaragua, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Costa Rica, Dominica, Dominican Republic, Grenada, Guatemala, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

Foreign construction material means a construction material other than a domestic construction material.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American Act restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows: None

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) \1\

Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

\1\ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

(End of clause)

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (JAN 2005)

(a) Definitions. ``Construction material,'' ``designated country construction material,'' ``domestic construction material,'' and ``foreign construction material,'' as used in this provision, are defined in the clause of this solicitation entitled ``Buy American Act--Construction Materials Under Trade Agreements'' (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request.