Solicitation 15 Jul 09 .doc

Section B - Supplies or Services and Prices

REPAIR FACILITY 2610

FFP

IN ACCORDANCE WITH SPECIFICATIONS, REPAIR FACILITY 2610, DATED JUNE 15, 2009, AND DRAWINGS, CONTRACT QYZH 07-0060, DATED JUNE 15, 2009.

FOB: Destination

PURCHASE REQUEST NUMBER: F3F3CE9131A001

SIGNAL CODE: A

NET AMT

ADD RESTROOMS/EXTEND UTILITIES

FFP

IN ACCORDANCE WITH SPECIFICATIONS, REPAIR FACILITY 2610, DATED JUNE 15, 2009, AND DRAWINGS, CONTRACT QYZH 07-0060, DATED JUNE 15, 2009 ADD THREE ADDITIONAL RESTROOMS, ROOM NUMBERS 114, 115, AND 165. TOTAL FOR THIS LINE ITEM SHALL NOT EXCEED THE STATUTORY COST LIMITATION OF $750,000.00

FOB: Destination

PURCHASE REQUEST NUMBER: F3F3CE9131A002

SIGNAL CODE: A

NET AMT

252.236-7006 COST LIMITATION (JAN 1997)

(a)Certain items in this solicitation are subject to statutory cost limitations. The limitations are stated in the Schedule.

(b)An offer which does not state separate prices for the items identified in the Schedule as subject to a cost limitation may be considered nonresponsive.

(c)Prices stated in offers for items subject to cost limitations shall include an appropriate apportionment of all costs, direct and indirect, overhead, and profit.

(d) Offers may be rejected which--

(1)Are materially unbalanced for the purpose of bringing items within cost limitations; or

(2)Exceed the cost limitations, unless the limitations have been waived by the Government prior to award.

(End of provision)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

GIBBS, STEPHEN T.

1030 LIBERATOR ST

MOUNTAIN HOME AFB ID 83648-5442

208-828-3973

FOB: Destination

F3F3CE

FOB: Destination

F3F3CE

HOLIDAYS

This base observes the following Federal legal holidays:

New Year’s Day

1 January

Martin Luther King’s Birthday

Third Monday In January

President’s Day

Third Monday in February

Memorial Day

Last Monday in May

Independence Day

4 July

Labor Day

First Monday in September

Columbus Day

Second Monday in October

Veterans Day

11 November

Thanksgiving Day

Fourth Thursday in November

Christmas Day

25 December

NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday; holidays falling on a Sunday will be observed on the following Monday. Additionally, there may be up to one day per month where the base is not open. Contractors may or may not be allowed to work on those days at the Contracting Officer’s discretion.

HOURS OF WORK:

Hours of work will be from 6:30 AM to 5:30 PM, Monday through Friday, excluding Federal holidays. No work will be done on Federal Holidays. Access to work sites may be restricted to these hours and days. Work that requires inspection during accomplishment or that prevents inspection of previous work after accomplishment normally will not be allowed during other than the normal work hours specified above. Work during other than normal hours must be coordinated in advance with the Contracting Officer. These hours may be varied by the Contractor when approved in writing by the Contracting Officer to meet weather and temperature conditions and operational requirements.

NOTIFICATION OF START OF WORK:

Prior to starting work at the job site on this installation, the Contractor shall report to the Project Inspector at Bldg 1300, Mountain Home AFB, Idaho. Failure to do so may cause unnecessary delays in performance of contract. It is suggested you call 208/828-1334 prior to reporting to job site.

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)

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

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when--

(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; or

(4) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System).

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

(End of clause)

WIDE AREA WORK FLOW DODAAC AND EMAIL DISTRIBUTION TABLE

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR INVOICES AND ADDITIONAL EMAILS CORRECTLY THROUGH WAWF.

DODAAC/EXT

FA4897

F67100

* To be completed at time of award.

Section H - Special Contract Requirements

REQUIRED INSURANCE

Reference FAR clause entitled “Insurance . . .” the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

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

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 for bodily injury and $20,000 per occurrence for property damage shall be required.

BONDS

a. Performance and Payment Bonds. At the pre-performance conference, after the prescribed forms are presented to the Offeror to whom the award is made for signature, a written contract on the form prescribed by the specifications shall be exectued and two bonds, each with good and sufficient surety or sureties acceptable to the Government (*), shall be furnished; namely a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A). The penal sums of such bonds will be as follows:

(*) NOTE: Reference FAR 28.202 (a)(1), (2), (3), and (4). Corporate sureties must appear on the list contained in the Department of the Treasury Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies.”

i. Performance Bonds: The penal sum of the performance bond shall equal one hundred percent (100% of the contract price.

ii. Payment Bond: The penal sum of the payment bond shall equal one hundred percent (100%) of the contract price.

b. The contractor will furnish any required bonds to the Government prior to commencement of contract performance.

NOTE: INDIVIDUAL SURETY CLAUSE: In order for the contracting officer to determine the acceptability of individuals proposed as sureties, all offerors providing bonds which are executed by individual sureties are required to submit the following information in support of Standard Form 28, “Affidavit of Individual Surety.”

a. A complete description of property offered, supported by title or deed, and appraisal or tax assessment.

b. A current list of all other bonds on which the individual is a surety and bonds for which the individual is requesting to be a surety.

c. Independent certification of net value of property offered.

d. CPA – certified balance sheet(s) and income statement(s) with a signed opinion for each individual surety.

DESIGNATION OF GOVERNMENT INSPECTOR

The Base Civil Engineer or his authorized representative is designated as the Contracting Officer’s Representative (COR) for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This designation in no way authorizes anyone other than the Contracting Officer to commit the Government to changes.

MATERIAL APPROVAL SUBMITTAL FORM (AF Form 3000):

Within 10 calendar days after commencement of work or as otherwise established by the Contracting Officer, all material and articles requiring approval, as contemplated by the Materials and Workmanship Clause, shall be submitted by the Contractor using AF Form 3000. (See attached AF Form 66, Schedule of Material Submittals, if applicable.)

PREPARATION OF PROGRESS SCHEDULES AND REPORTS

The reports contemplated by the clause titled "Schedules for Construction Contracts" shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report. The AF Form 3064 shall be provided to the Contracting Officer not later than 15 calendar days after issuance of the Notice to Proceed.

UTILITY SERVICES

The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies. The Contractor is responsible for installing temporary service outlets (See clause entitled Availability and Use of Utility Services). The Contractor shall carefully conserve any utilities furnished under this contract.

CONSTRUCTION PERMIT

Fourteen days prior to excavation, the contractor shall pre-mark the area of excavation and contact Dig-Line. The contractor shall follow established Dig-Line procedures. A complete work description, address and/or facility number, the contract delivery order number and project number shall be given to Dig-Line. If area is not clearly marked, the request will be denied and requestor will be required to resubmit a new request after marking the area of work.

AS-BUILT DRAWINGS

The Contractor shall maintain one set of drawings at the work site and record all changes and any hidden or subsurface data discovered during construction. The Contractor shall provide a marked up blue line copy with all changes that transpired during the contract. This will be given to the Contracting Officer prior to the final inspection.

ON SITE OFFICE TRAILERS AND STORAGE TRAILERS/FACILITIES

a. Unless otherwise indicated, no on-base storage facilities are available for Contractor owned materials. Buildings and structures, which are part of the contract, may be used for storage providing the space is not required for occupancy and Contractor accepts full responsibility for the material stored therein. The Contracting Officer will designate areas where above-mentioned equipment shall be parked.

b. Once an exact location has been determined, the Contractor can use all approved and available services (i.e., electricity, water and sewage) at the construction site. The Contracting Officer will inform the Contractor whether or not the Government shall be reimbursed (and at what rate structure) for any or all such services.

ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall be handled, transported, stored, and disposed of by the Contractor and by his Subcontractors at any time in accordance with all applicable Federal, State, or local laws, ordinances, regulations, court orders, or other types of rules or rulings having the effect of law, including but not limited to Executive Order 11752, 17 Dec 73, the Federal Water Pollution Control Act, as amended (33 USC Sec 1251 ET SEQ); The Clean Air Act, as amended (42 USC SEC 1857 ET SEQ); The Endangered Species Act, as amended (16 U.S.C. SEC 1531 ET SEC); The Toxic Substances Control Act, as amended (15 U.S.C. SEC 2601 ET SEC); The National Historic Preservation Act, as amended (16 U.S.C. SEC 470, ET SEQ); the Solid Waste Disposal Act as amended (424 SEC 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. SEC 469, ET SEQ).

DAMAGE TO UTILITIES

In the event of a Contractor-caused utility failure/disruption, the Contractor will first make the area safe, then immediately contact the Base Civil Engineer Service Call Desk (828-2001) and Contracting Officer (828-2664). If the damaged utilities are previously known or shown to the Contractor, or there is negligence on his part, the utilities will be repaired by the Contractor in a timely manner at no cost to the Government. If the damaged utilities are not known or shown to the Contractor and there is not negligence on the contractor’s part, they will be repaired at Government expense.

CONSTRUCTION EQUIPMENT

Equipment to be used on base shall be safe and in good operating condition. The Contracting Officer reserves the right to inspect any on base equipment and reject such equipment if it is considered unsafe, in poor operating condition, or inappropriate for work.

CONSTRUCTION DATA SHEET

Prior to final acceptance of the work under this contract, the Contractor shall complete the Construction Data Sheet in full. Work includes, but is not limited to, construction of new facilities or repair/replacement of any items that increase the capacity or extend the service provided by those items repaired/replaced. The Construction Data Sheet shall be submitted to the Contracting Officer and one (1) reproducible and two (2) copies.

REQUIREMENTS FOR CONTRACTORS REQUESTING BASE ENTRY

a. All Contractors who work on base must submit a SFS Form 30 with the name, driver’s license number, social security number, date of birth, and employer of each employee to obtain a base pass. The SFS Form 30 is then submitted to the 366 Security Forces Squadron. When approved, an AF Form 75 will be issued for each employee for the duration of the contract. (NOTE: A complete background check will be conducted on all of the employees submitted. The 366 Security Forces Squadron has the right to refuse entry of any contractor employee to Mountain Home AFB, based upon the results of the background check). Contractor passes will not exceed a period of more than one (1) year.

b. When the AF Form 75 is issued, confirmation of Contractor’s employees will be accomplished by verifying the person’s credentials (driver’s license) against SFS Form 30. AF Forms 75 issued in excess of 90 days will have a photograph attached to the upper left-hand corner.

c. Contractors will provide the Contracting Officer with a SFS Form 30 for each subcontractor employee, in advance, who will need to be vouched on base for any length of time.

CONTRACTOR RESPONSIBILITY

Contractors operating on base will be responsible for briefing and ensuring the employees adhere to the traffic rules and regulations. The Foreman, Job Supervisor and other personnel providing workman leadership will, when possible, ensure the workers comply with these rules and regulations. Speed limit on base is 30 MPH unless otherwise posted. The speed limit in base housing areas is 15 MPH and the speed limit in parking lots is 5 MPH. In school zone when the warning signal is flashing the speed limit is 15 MPH. Individuals are to obey all entry procedures. When Security Police personnel (on the entry points or in vehicles) give instructions, they will be complied with immediately. For your information, all base traffic rules are contained in AFI 31-204 MHSUP1, dated 14 June 2004, Motor Vehicle Traffic Supervision. Security Police utilize speed detection devices and citations will be issued to violators. Personnel who park on grass or seeded areas will be cited.

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

a. The amount of time provided in the contract to complete the work takes into consideration a certain number of anticipated adverse weather days. No weather related time extensions will be allowed unless the actual number of adverse weather days in a given month exceed the anticipated number. The listing below defines the monthly-anticipated adverse weather for the contract period and is based upon NOAA or similar data for the geographic location of the project. *

MONTHLY ANTICIPATED ADVERSE WEATHER CALENDAR DAYS

JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

b. The above schedule of anticipated adverse weather will constitute the baseline for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the Notice To Proceed (NTP) and continuing throughout the contract on a monthly basis, actual adverse weather days will be recorded on a calendar day basis (including weekends and holidays) and compared to the monthly anticipated adverse weather in subparagraph (a) above. For purposes of this provision, the term actual adverse weather days shall include days impacted by actual adverse weather.

c. The number of actual adverse weather days shall be calculated chronologically from the first to the last day in each month. Once the number of anticipated adverse weather days have been incurred, the Contracting Officer will examine any subsequently occurring adverse weather days to determine whether Contractor is entitled to a time extension. In order for a time extension to be considered, these subsequently occurring adverse weather days must prevent work for 50 percent or more of the Contractor’s workday and delay work critical to the timely completion of the project. The Contracting Officer will convert any delays meeting the above requirements to calendar days

*An adverse weather day is defined as a day where:

(1) Precipitation is equal to or greater than one tenth inch (0.10) per day.

(2) Low surface temperature for the day is equal to or less than 26 degrees F.

(3) Surface winds are equal to or greater than 39 miles per hour.

HAZARDOUS MATERIAL

Contractors must submit for approval/disapproval Material Safety Data Sheets for potentially hazardous material they intend to use on this project. Prior to using the hazardous material on Mountain Home Air Force Base, HAZMART will provide bar-code labels for the tracking of hazardous materials. The Contractor shall be responsible for proper legal disposal of all containers/hazardous material. Coordination of proper disposal shall be accomplished through the Civil Engineering Inspector/COR.

RECYCLING

a. The contractor shall dispose of construction materials off-base at a properly licensed and approved landfill. Recycling is encouraged to the maximum extent practicable for all waste generated by the contractor.

b. Recycling shall consist of sorting and delivering recyclable items to the appropriate recycle processors. Recyclable items include: wood, glass, metals, cardboard, and paper. These items may not be disposed of in the base landfill. Appropriate recycling processors are private or government entities currently accepting material for the purpose of recycling. The base recycling center may, but is not required to accept the contractor’s recyclables.

c. The contractor shall dispose of any or all of the waste streams off base. The contractor may choose to recover any or all of the waste streams by sending them to an off-base recycling company. The contractor may choose to turn in some waste systems to the base recycling program with the Government’s approval. The acceptance of these waste streams depends on the Government’s ability to process the waste stream, and the contractor’s ability to adequately prepare the waste stream to meet the Government’s condition requirements. The Government is currently encouraging the recycling of:

Wood Paper Corrugated Cardboard Scrap Metal Glass

TELEPHONE COMSEC MONITORING

All communications with DOD organizations are subject to COMSEC review. Contractor personnel will be aware that telecommunications networks are continually subject to intercept by unfriendly intelligence organizations. The DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from or terminating at DOD organizations. Therefore, civilian contractor personnel are advised that any time they place a call to or receive a call from a military organization, they are subject to COMSEC procedures. The contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with official DOD information.

POST-AWARD/PREPERFORMANCE CONFERENCE

A pre-performance conference shall be scheduled by and held at a place to be designated by the Contracting Officer issuing this RFP prior to the commencement of any work under the contract which will be awarded as a result of this soliciation and offer. The contractor or their duly authorized respresentative shall be required to attend the pre-performance conference.

NOTICE TO PROCEED

Notice to proceed will be issued within 60 days of award of this contract.

EMERGENCY MEDICAL TREATMENT

a. The Mountain Home AFB Hospital will provide emergency medical treatment to employees of the Contractor for injuries incurred while working at Mountain Home AFB. The Contractor will be required to reimburse the Government at an established rate for non-beneficiaries. After receiving initial emergency treatment, the Contractor will provide the hospital with the name of a physician and/or hospital to which injured personnel can be transferred for further treatment and care.

b. Follow-on care after initial emergency treatment will not be provided.

SECURITY REQUIREMENTS

a. Listing Of Employees. The contractor shall maintain a current listing of employees. The list shall include the employee's name, social security number and type of investigation if contract work involves unescorted entry to Air Force restricted areas or other sensitive areas designated by the installation commander. The list shall be provided to the Contracting Officer and sponsoring agency’s Security Manager. An updated listing shall be provided when an employee's status or information changes.

b. Security Training. The contractor ensures all contractor employees receive initial and recurring security education training from the sponsoring agency’s security manager. Training must be conducted IAW DOD 5200.1-R, Information Security Program Regulation, and AFI 31-401, "Information Security Program Management". Contractor personnel who work in Air Force controlled/restricted areas must be trained IAW AFI 31- 101, The Air Force Installation Security Program.

c. Pass And Identification Items. The contractor shall ensure the pass and identification items required for contract performance are obtained for employees and non-government owned vehicles.

d. Retrieving Identification Media. The contractor shall retrieve all identification media, including vehicle passes, from employees who depart for any reason before the contract expires; e.g. terminated for cause, retirement, etc.

e. Traffic Laws. The contractor and its employees shall comply with base traffic regulations.

f. Weapons, Firearms, and Ammunition. Contractor employees are prohibited from possessing weapons, firearms, or ammunition on themselves or within their contractor-owned vehicles or privately-owned vehicles while on Mountain Home AFB or associated off-base sites and facilities.

g. For Official Use Only (FOUO). The contractor shall comply with DoD 5400.7-R, Chapter 4, DoD Freedom of Information Act (FOIA) Program, requirements. This regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, transmitting, and safeguarding FOUO material

h. Reporting Requirements. Contractor personnel shall report to an appropriate authority any information or circumstances of which they are aware that may pose a threat to the security of DOD personnel, contractor personnel, resources, and classified or unclassified defense information. Contractor employees shall be briefed by their immediate supervisor upon initial on-base assignment.

i. Physical Security. The contractor shall be responsible for safeguarding all government property and controlled forms provided for contractor use. At the end of each work period, all government facilities, equipment, and materials shall be secured.

j. Controlled/Restricted Areas. (IF APPLICABLE) The contractor shall implement local base procedures for entry to Air Force controlled/restricted areas where contractor personnel will work. An AF Form 2586, Unescorted Entry Authorization Certificate, must be completed and signed by the sponsoring agency’s Security Manager before a Restricted Area Badge will be issued. Contractor employees must have a completed National Agency Check (NAC), investigation before receiving a Restricted Area Badge. Interim access can be granted IAW AFI 31-501, Personnel Security Program Management.

k. Key Control. (IF APPLICABLE) The contractor shall establish and implement methods of making sure all keys issued to the contractor by the Government are not lost or misplaced and are not used by unauthorized persons. The contractor shall not duplicate any keys issued by the government.

1. The contractor shall immediately report to the Contracting Officer any occurrences of lost or duplicated keys.

2. In the event keys, other than master keys, are lost or duplicated, the contractor may be required, upon written direction of the contracting officer, to re-key or replace the affected lock or locks without cost to the government. The government may, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from payment due the contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the government and the total cost deducted from payment due the contractor.

3. The contractor shall prohibit the use of keys, issued by the government, by any persons other than the contractor’s employees and the opening of locked areas by contractor employees to permit entrance of persons other than contractor employees engaged in performance of contract work requirements in those areas.

GREEN PROCUREMENT

Compliance with the Green Procurement (GP) requirements of Executive Order (EO) 13148 is mandatory. Additional requirements set forth by Section 6002 of the Resource Conservation Recovery Act (RCRA), Section 9002 of the Farm Security and Rural Investment Act of 2002, and Executive Order 13101 are also mandatory. Special attention should be paid to Contract Provision FAR 52.223-4 “Recovered Material Certification” and Contract Clauses FAR 52.223-9 “Estimate of Percentage of Recovered Material Content for EPA Designated Products” and FAR 52.223-10 “Waste Reduction Program”. The contractor is required to use recycled-content and bio-based products as identified in the contract specifications and drawings; however, their use must not delay the progress of the work and must not be cost prohibitive. Materials and products provided in the completion of this contract must meet the requirements of the Statement of Work/Specifications. Recycled-content products are identified in the Environmental Protection Agency's Comprehensive Procurement Guidelines (CPGs). The United States Department of Agriculture designates bio-based products. EPA guideline items and USDA designated bio-based products are seen as the minimum that should be considered when evaluating environmentally preferable materials. Other environmentally preferable materials and products not listed, but commonly used in industry outside of the government, should also be considered. Submittals of material and product lists for all recycled-content items should list the recycled and recovered materials used and the percentage content (by weight). Submittals for bio-based products should describe the bio-based materials used, and the percentage content (by weight). Covered Products and their associated descriptions can be viewed at: http://www.epa.gov/cpg/products.htm. Contractors should follow the links regarding whether products count as “U.S. EPA-designated” or what the required recycled content for the product(s).

EPA COMPREHENSIVE PROCUREMENT GUIDELINE (CPG)

Construction Products Landscaping Products Nonpaper Office Products Paper and Paper Products Park and Recreation Products Transportation Products Vehicular Products Miscellaneous Products

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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 480 calendar days after issuance of the Notice to Proceed. 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 of $1,135.39 for the first day of delay and $697.89 for each calendar day of delay, thereafter 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)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall--

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

(End of clause)

52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004)

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

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) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board

Division of Information

1099 14th Street, N.W.

Washington, DC 20570

1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to--

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that--

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall--

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of clause)

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)

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

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to 366 Contracting Squadron, 366 Gunfighter Ave, Suite 498, Mountain Home AFB, ID 83648-5258.

(End of clause)

52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (FEB 2009)

(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.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

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…