Solicitation Draft.doc

Section B - Supplies or Services and Prices

CONSTRUCT, ADDITION TO FACILITY 610

FFP

IN ACCORDANCE WITH TECHNICAL SPECIFICATIONS, REPAIR/ADDITION 610, BOOKS 1 AND 2, DATED MAY 8, 2012; CONSTRUCTION DRAWINGS, REPAIR/ADDITION FACILITY 610, DATED 8 MAY 2012; AND ADDENDUM #1, DATED JUNE 18, 2012. CLIN 0001 SHALL NOT EXCEED THE STATUTORY COST LIMITATION OF $750,000.00.

FOB: Destination

PURCHASE REQUEST NUMBER: F3F3CE2139A009

SIGNAL CODE: A

NET AMT

RENOVATE FACILITY 610

FFP

IN ACCORDANCE WITH TECHNICAL SPECIFICATIONS REPAIR/ADDITION TO FACILITY 610, BOOKS 1 AND 2, DATED MAY 8, 2012; CONSTRUCTION DRAWINGS, REPAIR/ADDITION TO FACILITY 610, DATED MAY 8, 2012; AND ADDENDUM #1, DATED JUNE 18, 2012.

FOB: Destination

PURCHASE REQUEST NUMBER: F3F3CE2139A010

SIGNAL CODE: A

NET AMT

Section E - Inspection and Acceptance

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.

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

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 7:30 AM to 4:30 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.

PROGRESS SCHEDULE, AF Form 3064:

Progress Schedules shall be submitted to the Contracting Officer and approved prior to start of work at the job site. Approved schedules will not be changed without prior Contracting Officer approval. All work must be accomplished in such a manner that minimum inconvenience will be caused to the using agencies.

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.

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 (as confirmed on http://www.weather.gov):

(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.

NOTICE TO PROCEED:

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

INSURANCE ENDORSEMENTS:

Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed prescribed or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

DELIVERY INFORMATION

1030 LIBERATOR ST

MOUNTAIN HOME AFB ID 83648-5442

208-828-3044

FOB: Destination

F3F3CE

FOB: Destination

F3F3CE

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.

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.

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.)

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 to the 366 Contracting Squadron 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. If approved, a DBIDS identification card will be issued for each employee that has a contract longer than 30 days. (NOTE: In accordance with AFI 31-101/Integrated Defense, a complete background check will be conducted on all of the employees submitted. The 366 FW Commander has granted the 366 Security Forces Squadron the authority to deny entry of any person requesting access to Mountain Home AFB, based upon the results of the background check). Contractor passes will be issued for the contract period not to exceed a period of six months. If access is required beyond six months, individuals will be subject to another background check and a subsequent pass issued.

b. When contract dates are less than 30 days, a localized visitor pass will be issued.

c. Verification of Contractor employees will be accomplished by verifying the applicant’s credentials (federal or state issued identification) against the approved SFS Form 30.

d. Contractors will provide the Contracting Officer with a SFS Form 30 for each employee/subcontractor who will need unescorted base access in support of the contract for any length of time, at least three weeks in advance. Contractors who have not received confirmation that their SFS Form 30 has been approved, shall not attempt to access the installation unless under escort by the appropriate sponsor (NOTE: If the SFS Form 30 has not been approved, the sponsor will have to escort the individual at all times while he/she is working on the installation; includes traveling in the same vehicle). Once the SFS Form 30 has been approved, Contractors may proceed to Building 6400, Visitor Control Center, with a copy of their approved SFS Form 30, valid federal or state issued identification card, proof of vehicle insurance and valid vehicle registration (if driving a vehicle onto the installation) to receive their DBIDS Identification Card.

e. It is the Contractor’s/Subcontractor’s responsibility to ensure all deliveries have the required information, to include the delivery destination and a point of contact with vouching authority for validation of delivery. It is the Contractor’s/Subcontractor’s responsibility to ensure project managers are notified of all deliveries prior to arrival. Projects requiring multiple deliveries from the same supplier will be treated as a subcontractor and will meet the Form 30 submission requirements.

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 10 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 Forces 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 31-218 MHAFBGM1, Guidance Memo, dated 25 July 2011, supplement to Motor Vehicle Traffic Supervision, AFI 31-218. Security Forces utilize speed detection devices and citations will be issued to violators. Personnel who park on grass or seeded areas will be cited.

DELAYS ENTERING AND LEAVING WORK AREA:

The work site is located in a restricted or controlled area. The Contractor may therefore experience delays due to compliance with entrance/exit requirements of restricted/controlled areas.

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.

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

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

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 365 days after issuance of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(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/LGCB, 366 Gunfighter Ave, Suite 498, Mountain Home AFB ID 83648-5258.

(End of clause)

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010)

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

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 a 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.

Domestic construction material means--

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

(2) A construction material manufactured in the United States, if--

(i) 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; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) 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 requirements 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)(3) 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)(3)(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

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)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for…