FA4887-13-R-0005_Luke_AFB_MACC.doc

Section B - Supplies or Services and Prices

MACC Base Year

FFP

MACC Basic Contract Period (date of award through 12 months) Contractor shall provide all plant, labor, supervision, transportation necessary for Construction on Luke Air Force Base, Gila Bend Air Force Auxiliary Field, and Ft. Tuthill Recreational Area for the period of one year which will be dated at time of award. The period of performance shall be stated on each individual task order.

FOB: Destination

NSN: Z199-50-MIS-CBUILD

SIGNAL CODE: A

NET AMT

Luke AFB MACC Pre-Performance Conference

FFP

The government intends to meet the minimum dollar threshold of $2,000.00 through the use of a post-award, pre-performance conference. Three to five (3-5) awards are anticipated. THE CONTRACTOR IS ADVISED THAT THEY NEED NOT PROPOSE ON THIS CLIN. The $2,000.00 award will be issued as Task Order number 5001.

FOB: Destination

NET AMT

FFP

MACC Option Year 1 (date of exercised option through 12 months) Contractor shall provide all plant, labor, supervision, transportation necessary for Construction on Luke Air Force Base, Gila Bend Air Force Auxiliary Field, and Ft. Tuthill Recreational Area for the period of one year which will be dated at time of award. The period of performance shall be stated on each individual task order.

FOB: Destination

NET AMT

FFP

MACC Option Year 2 (date of exercised option through 12 months) Contractor shall provide all plant, labor, supervision, transportation necessary for Construction on Luke Air Force Base, Gila Bend Air Force Auxiliary Field, and Ft. Tuthill Recreational Area for the period of one year which will be dated at time of award. The period of performance shall be stated on each individual task order.

FOB: Destination

NET AMT

FFP

MACC Option Year 3 (date of exercised option through 12 months) Contractor shall provide all plant, labor, supervision, transportation necessary for Construction on Luke Air Force Base, Gila Bend Air Force Auxiliary Field, and Ft. Tuthill Recreational Area for the period of one year which will be dated at time of award. The period of performance shall be stated on each individual task order.

FOB: Destination

NET AMT

FFP

MACC Option Year 4 (date of exercised option through 12 months) Contractor shall provide all plant, labor, supervision, transportation necessary for Construction on Luke Air Force Base, Gila Bend Air Force Auxiliary Field, and Ft. Tuthill Recreational Area for the period of one year which will be dated at time of award. The period of performance shall be stated on each individual task order.

FOB: Destination

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

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

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

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.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,000.00

1.00

$19,000,000.00

$2,000.00

1.00

$2,000.00

$2,000.00

1.00

$19,000,000.00

$2,000.00

1.00

$19,000,000.00

$2,000.00

1.00

$19,000,000.00

$2,000.00

1.00

$19,000,000.00

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

E-001

INSPECTION AND ACCEPTANCE (JUL 1993)

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

The 56th CES, 13970 Gillespie Drive, Bldg 343, Luke AFB, AZ 85309 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

31-AUG-2014

KEVIN HAPONEK

13970 GILLESPIE DRIVE

BLDG 343

ENGINEERING SECTION

LUKE AFB AZ 85309

623-856-9573

FOB: Destination F2U308

04-SEP-2013

F2U308

31-AUG-2015

F2U308

31-AUG-2016

F2U308

31-AUG-2017

F2U308

31-AUG-2018

F2U308

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 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 final date of the agreed upon period of performance. The time stated for completion shall include final cleanup of the premises.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of [TBD on each Task Order] 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)

Section G - Contract Administration Data

NOTICE TO OFFERORS

Notice to Offerors: Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation either before or after the closing date for receipt of proposals. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

CLAUSES INCORPORATED BY REFERENCE

G-001 (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, 623-856-2740, 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: FA488713R0005

Delivery Order:

Issue-by DoDAAC:

FA4887

Admin DoDAAC:

FA4887

Inspected By DoDAAC/BPN:

F2U308 Ship-To Code/BPN:

F2U308

Service Acceptor/BPN:

FA4887/F2U308

Pay DoDAAC:

F67100

ADDITIONAL E-MAIL NOTIFICATIONS;

judith.zwickle@us.af.mil

INSPECTOR:

kevin.haponek@us.af.mil

ACCEPTOR/CONTRACTING OFFICER:

eric.hinsch@us.af.mil

CONTRACT ADMINISTRATOR ON THE CONTRACT: james.sowden@us.af.mil & brennan.lawson.1@us.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

5352.201-9101 OMBUDSMAN (NOV 2012)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMBC A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the Center/MAJCOM/DRU or AFISRA ombudsmen, Deputy Director of Contracting, HQ AETC/PK, 2035 1st Street West, Ste 1, Randolph AFB TX 78150-4304, phone (210) 652-7907, facsimile (210) 652-8344, with concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or AFISRA level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2397, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

5352.215-9001 NOTICE OF PRE-BID/PRE-PROPOSAL CONFERENCE (MAY 1996)

(a) A pre-proposal conference will be conducted at Bldg 1130 on 8 Jul 2013 at 1:00 PM for the purpose of answering questions regarding this solicitation.

(b) Submit the names of all attendees with base access packages (not to exceed 5) to Lt Brennan Lawson prior to 1 Jul 3013. This information must be provided in advance in order to ensure access to the military base/conference site and adequate seating for the conference attendees.

(c) Offerors are requested to submit questions to the point of contact noted above not later than ten (10) days prior to the RFP closing date. Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

(d) A record of the conference shall be made and furnished to all prospective bidders/offerors. The record should include minutes of the meeting, including questions (on a non-attribution basis) and answers.

H-001

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)).

H-002

CONTRACTOR ACCESS TO AIR FORCE INSTALLATION (APR 2010)

(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, The Air Force Installation Security Program, AFI 31-501, Personnel Security Program Management, and 10-245, Anti-terrorism Standards as applicable.

(b) Installation Access. The prime contractor shall submit a Form I-9, Employment Eligibility Verification for each person requiring access to Luke AFB, to include subcontractors and delivery companies. Copies of the Form I-9 can be obtained from Department of Homeland Security’s website, http://www.uscis.gov/files/form/i-9.pdf. The prime contractor(s) must submit the Form I-9’s using the Base Vetting Transmittal Sheet (attached below) and return the completed package to 56 SFS South Gate/Visitor Reception Center or by email at 56sfs.pr@luke.af.mil. The complete package must consist of the Form I-9, proof of compliance to use E-Verify and copies of 2 forms of identification: (1) Valid state issued driver’s license or Identification Card; (2) INS registration, Social Security Card, or Official Passport. Instructions on how to register your company and on how to use the E-Verify program can be found online at http://www.uscis.gov/files/article/E4eng.pdf. Vehicle operators require current vehicle registration and certificate of automobile insurance. When reporting to the 56 SFS South Gate/Visitor Reception Center to obtain a vehicle pass, the authorized contractor/individual(s) shall provide a valid driver’s license, current vehicle registration, proof of valid vehicle insurance, and any additional documents required by Homeland Security Presidential Directive 12, (HSPD-12).

(c) Common Access Cards. 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). Common Access Cards will be issued after individuals receive favorable fingerprint notification and submit paperwork for a National Agency Check (NAC) or National Agency Check with Inquires (NACI) for access to Luke AFB. The type of access will be determined by 56 SFS whether a NAC or NACI is required.

(d) Background Checks. The prime contractor shall submit the required information for each person that will need installation access under this contract NLT 14 days prior to required base access. Information provided on the Form I-9 will be used for the purpose of conducting background checks. Employees with negative history information are subject to base access denial by 56 SFS. Short notice contracts will be given priority processing by 56 SFS, per request from 56 CONS. 56 SFS shall conduct a background check accessing the appropriate crime information centers. Any contractor attempting to gain undocumented illegal aliens entry onto the installation will be subjected to loss of the contract. Federal law requires all contractors to validate that all employees are citizens of the United States or hold a valid resident alien status, validated by the Immigration and Naturalization Service.

(e) Prime Contractor Responsibility. During performance of the contract, the prime contractor shall be responsible for obtaining all required identification/information, 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 all base identification passes and badges issued to employees and subcontractor employees are returned to the contract administrator to be destroyed.

(f) 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 murder, manslaughter or unjustified killing, assault with intent to commit murder, espionage, plotting to overthrow the U.S. Government, kidnapping or hostage taking, treason, sexual assault or abuse of a child, rape or aggravated sexual assault, unlawful possession, use, sale, distribution or manufacture of an explosive or weapon, extortion, illegal possession of a controlled substance, distribution or intent to distribute a controlled substance, armed or unarmed robbery, arson, communicating a threat, willful destruction of property valued over $100.00, burglary, theft of more than $100.00, dishonesty, fraud, or misrepresentation over $100.00, possession or distribution of stolen property, aggravated assault, assault with a weapon, bribery, violence at international airports (18 USC 37), alleged offenses (offenses awaiting court ruling) 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 approval. 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 may require the contractor to restrict the employee’s use on this contract until the case is resolved.

(g) E-Verify. As stated in Clause 52.222-54 Employment Eligibility Verification is a requirement for all contracts issued by Luke Air Force Base and is a requirement to gain access to this facility.

(h) Warrants. Any contractor employee found to have an outstanding warrant shall be turned over to the proper authorities.

(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.

(End of clause)

BASE ACCESS VETTING TRANSMITTAL SHEET

AUTHORITY: Section 3101, Title 44, United States Code, DoD Directive 5200.8, AFI 33-332, USC Section 797A PRINCIPAL PURPOSE: Obtain pertinent contractor information used by security personnel to document suitability for access to Luke AFB, Arizona. The Social Security Number (SSN) are required to identify the person of record.

INTENDED USE: Required for all contractors and subcontractors not authorized a Common Access Card, but require access to Luke AFB in performance of official duties.

DISCLOSURE: Disclosure of requested information is mandatory. Failure to provide truthful, complete and accurate information may be used as a basis to deny entry to Luke AFB and is also punishable as a criminal offense. The Privacy Act Statement will apply throughout the duration of the Air Force contract while serving in the capacity of prime contractor or subcontractor/supplier employee.

PRIME CONTRACTOR INFORMATION

Contract Number:

(Printed or Typed)

Company Name:

(Printed or Typed)

Name of Submitter:

(Printed or Typed)

Phone Number of Submitter:

(Printed or Typed)

Signature of Submitter:

(Sign) (Date)

CONTRACTING OFFICE INFORMATION

Contracting Agency:

(Printed or Typed)

Name of Contract Administrator:

(Printed or Typed)

Name of Contracting Officer:

(Printed or Typed)

Contract Administrator Phone Number:

(Printed or Typed)

H-005

INFORMATION CONCERNING BONDS (MAR 2009)

(a) Performance and Payment Bonds. Within 10 days after receipt of the awarded Task Order, 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 (Task Orders only) 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.

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

(d) Performance and payment bonds will be determined by the award amount for each Task Order.

H-006 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.

H-007

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 Operations and Fire Prevention

Program, and Luke AFB Regulation 32-2001 Fire Prevention and Protection

Date: 01 Apr 99 and 27 Jun 03

Location: Bldg 450, Luke AFB, Arizona

H-008 AIR FORCE ENVIRONMENTAL, SAFETY, AND OCCUPATIONAL HEALTH MANAGEMENT SYSTEM (ESOHMS) CONFORMANCE REQUIREMENTS FOR CONTRACTS PERFORMED ON AIR FORCE INSTALLATIONS (APRIL 2010)

In accordance with Executive Order (EO) 13148, Greening the Government through Leadership in Environmental Management, all contracts requiring contractor personnel to perform activities on the installation that have the potential to significantly impact the environment shall comply with the following:

(1) ESOHMS Information Requirements: For contracts that include FAR Clause 52.223-5 (Pollution Prevention and Right-to-Know Information) and/or its alternative paragraph (c)(7), which states “The contractor shall provide all information needed by the Federal facility to comply with the …environmental management system as described in Section 401 of E.O. 13148, the contractor shall comply with the following:

Information Requirements:

(a) AIR: Excavation - When disturbing more than a tenth of an acre, a dust control permit must be obtained from Maricopa County Environmental Services Department. Equipment (generators, abrasive blasting, and solvent/degreaser tanks) that remains located on the base for more than 30 days must be listed and provided to the Air Program Manager. Luke AFB is located in a non-attainment area and is regulated by Maricopa County. Any activities that include earthmoving (fugitive dust) (MC Rule 310), abrasive blasting (MC Rule 312), spray coating procedures (MC Rule 315), solvent degreasing (MC Rule 331), architectural coatings (MC Rule 335), or surface coatings requirements (MC Rule 336) reference must be made to the Maricopa County Air Regulations at http://www.maricopa.gov/aq to ensure activities or products used are in compliance with these regulations.

(b) ASBESTOS: No asbestos containing material shall be used on any government installation, Luke AFB, Gila Bend AFAF, or Fort Tuthill. A Material Safety Data Sheet (MSDS) is required for all building materials except for wood, glass, or steel. The MSDS’ shall be submitted to the Contracting Officer (CO) via the AF Form 3000 within seven (7) calendar days after issuance of the written Notice to Proceed (NTP).

(c) HAZARDOUS MATERIALS MANAGEMENT: In accordance with FAR Clause 52.223-3, the Contractor shall provide Material Safety Data Sheets (MSDS) to the Contracting Officer (CO) for all hazardous materials (HAZMAT) to be used during the project prior to contract award. The CO or Quality Assurance Personnel (QAP) shall provide MSDS’ to 56 CEV/CEAN for review prior to the contractor bringing products on base. The contractor shall inventory all HAZMAT, including but not limited to: solvents, paints, degreasers, greases, Ozone Depleting Substances, and oils brought on base. A HAZMAT inventory shall be maintained at all times and contain the nomenclature, manufacturer, part number, quantity, storage location, and the process in which the material is used. All HAZMAT stored at Luke AFB shall be managed in accordance with federal, state, local, and Air Force regulations. Identified HAZMAT shall be managed and tracked in the installation’s approved HAZMAT tracking system. If a HAZMAT is required to be tracked, the contractor shall complete required documents to support installation requirements. Contractor shall report monthly HAZMAT inventories/usage to the CO or QAP. QAPs shall provide inventory/usage to the Hazardous Material Management Office (Bldg 927).

(d) LEAD-BASED PAINT: Lead based paint shall not be used during any painting process. An MSDS shall be submitted for all paint products.

(e) PLUMBING FIXTURES: No plumbing fixtures shall be installed at Luke AFB unless they conform to the voluntary standard NSF/ANSI Standards 24 and 61. Products certified under these standards are tested to ensure no leaching from the fixtures exceeds 11 parts per billion (lead).

(f) POTABLE WATER: The contractor shall ensure all potable water connections have an ASSE approved anti-siphon device attached to the hose bib prior to mixing chemicals. Any anti-siphon device or backflow prevention device installed by the contractor as part of his work will be identified to the Backflow Prevention Manager, 56 CES/CEOIU, for addition to the base inventory. The type of device selected for installation and the installation location shall be approved by the Backflow Prevention Program Manager prior to installation.

(g) WASTEWATER: No chemical products shall be dumped in any drainage system, storm drain, wash rack, septic system, or sanitary sewer. Prior to final payment, the contractor shall remove all remaining and residual chemicals from the installation. If there are questions concerning specific wastewater products, please contact 56 CES/CEAN.

(h) SOLID WASTE: Report monthly the amount of Construction & Demolition (C&D) material generated and recycled to 56 CES/CEAN. C&D debris is defined as material produced during the construction, renovation, demolition or deconstruction of residential and commercial buildings and its infrastructure. C&D debris typically includes concrete, wood, metals, gypsum wallboard, asphalt, and roofing material. If the contractor generates a potential waste or hazardous waste during the contract period, the contractor shall contact the base Hazardous Waste Manager at (623) 856-6501 for proper reporting and disposal procedures.

(2) ESOHMS Training Requirements: In accordance with the memorandum dated 11 Dec 2006, Conformance with Air Force Environmental Management System (EMS) Requirements for Contracts Performed on Air Force Installations, all contractor personnel working on the installation shall complete Air Force-provided initial ESOHMS awareness-level training and comply with the following:

(a) 56 CONS Contractor Administrator(s) shall provide (1) Key contractor personnel with initial ESOHMS awareness-level training at the pre-construction meeting and (2) An electronic version of the training via email upon request. It is the responsibility of key contractor personnel to disseminate the initial ESOHMS awareness-level training to all prime and subcontractor employees.

(b) The initial ESOHMS awareness-level training can be accomplished in approximately fifteen (15) minutes.

(c) All contractor employees who work on the installation shall complete initial ESOHMS awareness-level training no later than sixty (60) days after contract award.

(d) Neither the installation nor contractor personnel are required to document contractor employee initial ESOHMS awareness-level training. However, key contractor personnel shall follow-up with all employees to ensure successful completion of the training.

(3) ESOHMS Refresher Training Requirements: Contractor employees who complete initial ESOHMS awareness-level training remain current for a period of 365 days from date of completion. Key contractor personnel shall ensure all prime and subcontractor employees are current throughout the performance of the contract.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

H-011

UTILITIES CONSERVATION (JUL 1993)

The contractor will be required to participate in government energy conservation programs. For the purpose of this contract, utilities such as water, electricity, etc.,, will be furnished by the government at no cost to the contractor. Long distance and Defense Switched Network (DSN) telephone services will not be provided.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

(a) If the Government receives information that a contractor or a person has engaged in conduct constituting a violation of subsection (a), (b), (c), or (d) of Section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423) (the Act), as amended by section 4304 of the 1996 National Defense Authorization Act for Fiscal Year 1996 (Pub. L. 104-106), the Government may--

(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or

(2) Rescind the contract with respect to which--

(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct constitutes a violation of subsection 27(a) or (b) of the Act for the purpose of either--

(A) Exchanging the information covered by such subsections for anything of value; or

(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or

(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct constituting an offense punishable under subsections 27(e)(1) of the Act.

(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.

(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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, 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 $19,000,000.00;

(2) Any order for a combination of items in excess of $19,000,000.00; 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 31 Aug 2019.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012)

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

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

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

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

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

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

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the 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)…