FA5000-13-R-0015 _Amendment_U0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to amend the due date for receipt of proposals, update Sections L&M, add clause 52.222-17, and make other minor changes throughout the solicitation. An updated DD Form 254 w ith the Government information completed has been included.

Note to all offerors: The last day for receipt of questions is 9 May 2014. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 33

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 05-May-2014

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X 9A. AMENDMENT OF SOLICITATION NO.

FA5

X 9B. DATED (SEE ITEM 11)

15-Apr-2014

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

05-May-2014

CODE

766 SPECIALIZED CONTRACTING SQUADRON

ATTN: CAPT LOUSON RAMOS

10480 SIJAN AVE.

JB ELMENDORF-RICHARDSON AK 99506

FA5215 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

FA5000-13-R-0015

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 07-Jun-2014 05:00 PM to 15-Jun-

2014 05:00 PM.

The depository location has changed from See Section "L", Part 5 to JBER 766

SCONS.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

H.1 OVER AND ABOVE (O&A) WORK

H.1.1 General.

(a) The Contractor shall be responsible for identifying to the Contracting Officer, work that is over and above the basic operation and maintenance requirements but within the general scope of the contract. The Government may also identify and direct work that is over and above the basic operation and maintenance requirements but within the general scope of the contract. Over and above work covers a broad range of non-recurring services; however, the Contractor shall follow the procedures herein, which are peculiar to either –

(1) O&A Work – Construction, Alteration, or Repair (Real Property); or

(2) O&A Work – Facility Maintenance

H.1.2 Definitions. As used in this Contract –

(a) “Over and above work” means work discovered during the course of performing routine daily operation and maintenance and is categorized as one of the following:

(1) Over and Above (O&A) Work – Construction, Alteration, or Repair (Real Property) means work that is –

(i) Within the general scope of the contract;

(ii) Not covered by the firm-fixed-price contract line items for the basic operation and maintenance work under the Contract;

(iii) Necessary in order to satisfactorily complete the contract;

(iv) Construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property as defined in FAR Part 2.1 and FAR Part 22.401;

(v) A substantial and segregable amount of construction, alteration, or repair work; and

(A) “Substantial” relates to the type and quantity of construction work to be performed and not merely to the total value of construction work (whether in absolute dollars or cost percentages) as compared to the total value of the contract;

(B) “Segregable” means that the construction work is physically or functionally separate from, and as a practical matter is capable of being performed on a segregated basis from, the other work called for by the contract;

(vi) The aggregate dollar value of such construction work exceeds or is expected to exceed $2,000 [the use of Davis Bacon Act (DBA) prevailing wage rates apply].

(2) Over and Above (O&A) Work – Facility Maintenance means work that is –

(i) Within the general scope of the contract;

(ii) Not covered by the Firm-Fixed-Price (FFP) contract line items for the basic Operation and Maintenance (O&M) work under the Contract;

(iii) Necessary in order to satisfactorily complete the contract;

(iv) Other than construction, alteration, or repair of real property;

(v) The principal purpose of which is to furnish services through the use of service employees; and

(vi) The aggregate dollar value of such services work exceeds or is expected to exceed $2,500 [the use of Service Contract Act (SCA) prevailing wage rates apply].

H.1.3 Procedures.

(a) Over and above requirements identified by the contractor will be the primary basis for O&A work; however, the Government may also identify and direct O&A requirements other than that which is identified by the contractor.

Unless otherwise negotiated, the Government has the unilateral right to –

(1) Perform O&A work in-house; or

(2) Award O&A work to the contractor; or

(3) Award O&A work to a third-party contractor.

(b) When acquiring O&A work, the Contracting Officer will establish a separate Contract Line Item Number (CLIN) for each individual project or requirement. All O&A projects will be awarded and administered as supplemental agreements. A contract modification (SF-30) will be executed to definitize each O&A project. The determination of labor standards (SCA or DBA) shall be made at the time the O&A work is submitted to the Contracting Officer. The SF-30 shall identify the labor standards law and contract wage determination which will apply to the work required.

(1) The dollar limitation for each O&A requirement (new construction) under the contract shall not exceed $750K, unless the requirement is for “Life, Health, and Safety” purposes;

(i) A “Life, Health, and Safety” requirement means O&A work which will correct conditions that threaten the safety, health, and welfare of human life.

(2) The dollar limitation for “Life, Health, and Safety” requirements under the contract shall not exceed $1.5M;

(c) Over and above requirements task the contractor to identify the needed work and upon request by the Contracting Officer, recommend corrective action during contract performance. The contractor submits a work request (Air Force Form 332) in order to identify the O&A work and, as appropriate, the Contracting Officer authorizes the contractor to proceed.

(d) The Contractor and Contracting Officer shall mutually agree to specific procedures for Government administration and Contractor performance of O&A work requests. If the parties cannot agree upon the procedures, the Contracting Officer has the unilateral right to direct the O&A work procedures to be followed. These procedures shall, as a minimum, cover –

(1) The format, content, and submission of work requests by the Contractor. Work requests shall contain data on the type of discrepancy disclosed, the specific location of the discrepancy, and the estimated labor hours and material required to correct the discrepancy. Data shall be sufficient to satisfy contract requirements and obtain the authorization of the Contracting Officer to perform the proposed work; however, proposals shall not be submitted until specifically requested by the Contracting Officer;

(2) Government review, verification, and authorization of the work; and

(3) Proposal pricing, submission, negotiation, and definitization.

(e) Upon discovery of the need for O&A work, the Contractor shall prepare and furnish to the Government a work request via AF Form 332 in accordance with the agreed-to procedures.

(f) The Government will—

(1) Promptly review the work request;

(2) Verify the proposed work is required and not covered under the basic contract line item(s);

(3) Verify the proposed corrective action is appropriate; and

(4) Authorize O&A work as necessary.

(g) Upon request from the Contracting Officer, the Contractor shall submit a proposal for the O&A work. The Government and Contractor will then negotiate a settlement for the O&A work. Contract modifications will be executed to definitize all O&A work.

(h) Failure to agree on the price of O&A work shall be a dispute within the meaning of the Disputes clause of this contract.

(i) O&A requests are within the scope of the contract. Therefore, procedures in DFARS Subpart 217.74, Undefinitized Contractual Actions, do not apply.

(j) To the maximum extent practicable, O&A work shall be negotiated prior to performance of the work.

(k) The Government reserves the right to solicit third-party contractors to fulfill O&A work.

H.1.4 Clauses.

In addition to the contract clauses identified in Section I of this contract, the following clauses may also be applicable:

(a) For the acquisition of O&A Work – Facility Maintenance, all clauses identified in Section I of the Contract are applicable.

(b) For the acquisition of O&A Work – Construction, Alteration, or Repair (Real Property), the following clauses, if applicable, will be identified on each individual contract modification:

CLAUSES INCORPORATED BY REFERENCE

52.211-13 Time Extensions SEP 2000 52.222-6 Davis Bacon Act JUL 2005 52.222-7 Withholding of Funds FEB 1988 52.222-8 Payrolls and Basic Records JUN 2010 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts Termination (Labor Standards) JUL 2005 52.222-12 Contract Termination-Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Regulations FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-16 Approval of Wage Rates FEB 1988 52.222-27 Affirmative Action Compliance Requirements for Construction FEB 1999 52.222-32 Davis-Bacon Act—Price Adjustment (Actual Method) DEC 2001 52.232-5Payment under Fixed Price Construction Contracts SEP 2002 52.232-27 Prompt Payment for Contruction Contracts JUL 2013 52.232-27 (Dev) Payments in Support of Emergency and Contingency

Operations (Deviation 2009-O0011) JUL 2013 52.236-1 Performance of Work by the Contractor APR 1984 52.236-2Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities APR 1984 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, APR 1984

Utilities and Improvements 52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Alt I Accident Prevention (Nov 1991) – Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984 52.236-19 Organization and Direction of the Work APR 1984 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) –

Alternate I APR 1984 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.246-12 Inspection of Construction AUG 1996 52.249-2 Alt 1 Termination for Convenience of the Government (Fixed-Price)

(April 2012) - Alternate 1 SEP 1996 52.249-10 Default (Fixed-Price Construction) APR 1984 252.227-7033 Rights in Shop Drawings APR 1966 252.236-7000 Modification Proposals Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000

CLAUSES INCORPORATED BY FULL TEXT

52.225-9BUY 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—

(3) 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

(4) 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)*

Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of Clause)

52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (NOV

2013)

(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 countries:

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

(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

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

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.

Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

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

Domestic construction material means--

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

(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.

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

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

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

“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) 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 FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

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

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

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

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

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

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

(b) Construction materials.

(1) This clause implements the Buy American Act (41 U.S.C. chapter 83) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American Act restrictions are waived for designated county construction materials.

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

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

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

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

Item 1:

Foreign construction material Domestic construction material

Item 2:

Foreign construction material Domestic construction material

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

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

Include other applicable supporting information.

(End of clause)

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT – CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (FEB 2009)

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

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

H.2. RIGHT OF THE GOVERNMENT TO PERFORM FUNCTIONS WITH ITS OWN PERSONNEL

The Government reserves the right to perform or supplement performance of contract functions with Government personnel at any time when it is deemed advantageous to the Government, including periods of disaster, war, emergencies, police action, acts of God, labor strike, bankruptcy, default, or period of nonperformance by the emergencies, police action, acts of God, labor strike, bankruptcy, default, or period of nonperformance by the Contractor’s employees. The Contractor agrees, under such circumstances, to permit the Government to use any essential contractor-furnished property. In the event of a strike, the services will be performed exclusively by Government personnel and not a mix of Government and non-striking Contractor employees. At the direction of the Contracting Officer, the Contractor shall remove its non-striking work force from the performance site and not interfere in any way with government performance.

H.3. APPROVAL OF CONTRACTOR ACQUIRED PARTS (CLIN XX20)

(a) Contractor purchases of supplies or equipment in support of this contract shall require prior approval by the Contracting Officer for purchases of items with a unit price of $3,000 or more and/or total local purchase value of $3,000 or more. Contractor Acquired Parts (CAP) shall be in accordance with PWS, Sections 1.12.20A, and 1.13.3.2A.

(b) CAP, subcontracted parts, materials, equipment, and subcontracted maintenance of Government-furnished equipment that are determined to be direct materials, and miscellaneous services, shall be paid to the Contractor upon approval of the Contracting Officer.

H.4. APPROVAL OF CONTRACTOR ACQUIRED FUEL (CLIN XX21)

Contractor acquired fuel in support of this contract shall require prior approval by the Contracting Officer. Fuel shall be for O&M purposes only in accordance with PWS, Section 1.13.5.2.

H.5. CONTRACTOR ACQUIRED TRANSPORTATION (CLIN XX22)

(a) All travel expenses shall be covered under CLIN XX22 of the contract. Reimbursement will only be made for travel within the general scope of the contract, not covered elsewhere in the basic work of the contract, and shall be approved in advance by the Contracting Officer.

(b) The Contractor shall follow the procedures herein and as directed in accordance with PWS, Sections 1.13.2.3 B, 3.2.14, and 1.12.20C, which are peculiar to either –

(1) Transportation to perform scheduled maintenance for PMIs of the radar and Link-16, when Air Force C-12 is not available and as directed by the Contracting Officer in accordance with the PWS in the event Government-furnished transportation is not available. Reimbursement is for transportation only.

(2) Transportation when directed by the Contracting Officer, when Government-furnished transportation is not available. Per Diem shall be IAW the Joint Federal Travel Regulation.

(3) Transportation for Contractor acquired O&M Material, when directed by the Contracting Officer, when Government furnished transportation for Contractor Acquired Parts is not available.

(b) As required, Contractor employees will travel from their regular duty locations to a temporary duty location. All Contractor travel shall be directed and approved by the supported agency and the Contracting Officer’s Representative (COR). All temporary duty travel shall be initiated by a Government Letter of Identification (LOI).

Approved travel will be reimbursed to the Contractor in accordance with the Joint Travel Regulations (JTR). Travel expenses, including air transportation, auto rental, per diem, and billeting will be reimbursed under the contract.

Reimbursement shall not include any charges for overhead or profit. Miscellaneous travel in conjunction with daily work performed in and around the work site will not be reimbursed.

(c) Travel/Cost Worksheet. As soon as the details of a travel requirement are known, the Contractor shall prepare a travel worksheet for the Contracting Officer/Functional Director detailing the following:

1. Travel/Cost Worksheet number;

2. Purpose of travel;

3. Itinerary (destinations);

4. Traveler’s name and social security number;

5. Departure/arrival dates and duration of travel;

6. Costs for travel; and

7. Estimated Amount/Price

In turn, the Contracting Officer will prepare an LOI including the coordination and approvals. The LOI must contain the signature of the approving official from the Contracting Office. A copy of the LOI must accompany all claims for travel reimbursements submitted to the Government.

(d) Air Transportation: Air transportation arrangements shall normally be made through the Contractor's corporate travel office. All ticketing will be at the least expensive mode of transportation available unless otherwise approved by the supported agency's COR. However, the Government reserves the right to provide government/military air transportation or commercially contracted air transportation when it is advantageous to the Government.

(e) Auto Rental: Automobile rental will be approved on a case by case basis. Requests for automobile rental shall be justified and approved in advance. The LOI will contain a statement that the automobile rental has been approved and a signature of the LOI's funding approval official. Contractor personnel will not be reimbursed for daily travel to work from his domicile or in and around the assigned location.

(f) Per Diem: While a contractor employee is in a government authorized travel status, the Contractor will be reimbursed a per diem allowance for subsistence and lodging in accordance with the DOD JTR. Per diem payments shall be made after receipt of supporting documentation and shall not exceed amounts allowable under the JTR.

(g) Clearances: Travel and clearances will be obtained through the supported agency prior to individual travel.

When required, the Government will request the local Special Security Office (SSO) to forward Sensitive Compartmented Information (SCI) clearances to the SSO of the destination. It is the traveler’s responsibility to confirm this transfer has taken place prior to departure.

(h) Travel/Cost Worksheet “Estimated Amount/Price:” An estimated amount shall be cited for each individual travel/cost worksheet. The Contractor exceeds this amount at its own risk. Changes to the “Estimated Amount” shall only be authorized by the Contracting Officer.

H.6. GOVERNMENT / THIRD PARTY SUPPORT (CLIN XX23)

(a) Contractor shall be reimbursed, upon authorization by the Contracting Officer, for labor surges when required to perform duties on behalf of the Government and Third Parties that are within the scope of the contract but are not part of the FFP of the O&M. Reimbursement shall be in accordance with PWS, Sections 1.9.4, 1.14.5 C, 1.14.6 D, 1.17, Appendix 1: 1.3.8 d.

(b) Not later than annually, on the first of October, the Contractor shall provide a firm-fixed priced hourly rate. The listed hours shall not include any travel. The listing shall be utilized to establish the labor rate for work when using Government, Third Party, and Emergency Support.

(c) The quantity specified for labor surges is based on the Government’s best estimate for the requirement.

Additional labor surges (within the scope of this contract) will be negotiated as required. Upon request from the Contracting Officer, the Contractor shall promptly submit a proposal for the requirement in the manner and detail as instructed. No additional labor surges shall be authorized until the Contracting Officer approves the requirement prior to performance.

(d) Within ten (10) calendar days of the Government’s Request for Proposal (RFP), the contractor shall provide a written technical and price proposal to the CO with the attached Work Request/Approval Form (Attachment J-6).

The proposal shall include the following information:

1. Brief Summary of the Requirement/Description of deliverables;

2. Proposed start and completion dates;

3. Proposed labor-hours quantity; and

4. Proposed Price

(e) As deemed necessary by the Contracting Officer, discussions with the contractor will be initiated.

(f) After an agreement is reached between the Government and Contractor, the Contracting Officer will approve the Work Request/Approval Form to document the number of hours and amount per transaction.

(g) The estimated quantity may be unilaterally increased or decreased by the Government as it deems necessary.

(h) Prior to the conclusion of each performance period, the Government will process a contract modification to finalize the estimated quantity of the respective labor surge CLIN and de-obligate any unused funds.

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.222-17 Nondisplacement of Qualified Workers JAN 2013

The following have been added by full text:

5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (NOV 2012)

(a) Contractors shall not:

(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or

(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.

[Note: This prohibition does not apply to manufacturing.]

(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and

(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

[NOTE: Material that use one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]

(End of clause)

The following have been modified:

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 not later than 15 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 120 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 12 years.

(End of clause)

52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

(a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed TBD or the overtime premium is paid for work --

(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature;

(2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting;

(3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or

(4) That will result in lower overall costs to the Government.

(b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall--

(1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime;

(2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule;

(3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and

(4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.

* Insert either "zero" or the dollar amount agreed to during negotiations. The inserted figure does not apply to the exceptions in paragraph (a)(1) through (a)(4) of the clause.

(End of clause)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

SMSA Counties, Anchorage

AK: 8.7%

Non-SMSA Counties, Anchorage AK: 15.1%

Nationwide: 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals.