Solicitation FA5004-08-R-C005.doc

Section B - Supplies or Services and Prices

Maintain Turbine Generator #1

FFP

Provide all labor, material, equipment, supervision, work and facilities necessary to complete project FTQW 03-1000, Maintain Turbine-Generator #1, at Eielson's Central Heat and Power Plant, in accordance with the Specifications and Drawings.

FOB: Destination

MILSTRIP: F1U3C78061A001

PURCHASE REQUEST NUMBER: F1U3C78061A001

SIGNAL CODE: A

NET AMT

Materials for Recommended Repairs

Provide all material, equipment, subcontractors, travel, lodging, supplies and facilities necessary to perform repairs over and above the work required under CLIN 0001, but not previously described in the specifications. All work must have prior approval from the Contracting Officer.

FOB: Destination

MILSTRIP: F1U3C78061A001

Labor for Recommended Repairs

Provide all labor to perform repairs over and above the work required under CLIN 0001, but not previously described in the specifications. All work must have prior approval from the Contracting Officer.

FOB: Destination

MILSTRIP: F1U3C78061A001

ESTIMATED

ITEM(S) 0003 - SUBCLIN PRICING SCHEDULE

Please provide unit price with extended price for the following items. The contractor must input the total extended amount in CLIN 0003.

(Not to Exceed)

0003AC

Note 1: All labor rates shall include all labor burden, overhead, profit and allowances for meals and other incidentals. Labor rates shall not include lodging, travel or costs for rental vehicles. Provide average hourly rates based on the anticipated work schedule. For example, if the bidder anticipates working 10-hour days, 6 days per week, the rates provided shall be weighted averages of the straight time and overtime rates that will actually be paid.

Note2: Reference Section M, entitled “Evaluation Factors for Award”, for the above listed items.

Note 3: Offerors must provide a proposal price on all CLINs and Sub-CLINs to be considered responsive. Failure to provide a proposed price on all items will render the offer nonresponsive and it shall be rejected.

CLAUSES INCORPORATED BY FULL TEXT

CLAUSES AND PROVISIONS

(a) Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

(b) Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order.

(c) Sections K, L and M will be physically removed from any resultant award, but will be deemed to be incorporated, by reference, in that award.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

2310 CENTRAL AVE SUITE 3

EIELSON AFB AK 99702-2299

FOB: Destination F1U3C7

F1U3C7

F1U3C7

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 calendar days after Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $285.04 per calendar day for the first day of delay and $255.46 for each subsequent day until the work is completed or accepted.

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

(End of clause)

Section G - Contract Administration Data

LOCAL SECTION G

CONTRACT ADMINISTRATION

a. Following award, this contract will be administered by the 354th Contracting Squadron. The name, address, telephone number, and fax number of the Contracting Officer is:

Gerald F. Jacobs

354 CONS/LGCA

Phone: (907) 377-2464 354 Broadway Ave Unit 5B

Fax: (907) 377-2547

Eielson AFB, AK 99702 gerald.jacobs@eielson.af.mil

b. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the authority remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

c. Contractual problems, of any nature, which might occur during the life of the contract must be handled in accordance with very specific public laws and regulations (e.g. Federal Acquisition Regulation), and must be referred to the Contracting Officer for resolution. Only the Contracting Officer is authorized to formally resolve such problems. Therefore, the Contractor is directed to submit all such contractual problems to the immediate attention of the Contracting Officer.

d. Any request for contract changes/modifications shall be submitted to the Contracting Officer.

e. All correspondence concerning this contract, such as requests for information, explanation of terms, and contract interpretations, shall be submitted to the Contracting Officer.

DESIGNATION OF TECHNICAL REPRESENTATIVE

The Eielson AFB 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 clause in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in terms of the contract.

POST-AWARD/PRE-PERFORMANCE CONFERENCE

A pre-performance conference in accordance with FAR Clause 52.236-26, “Pre-construction Conference,” in Section I shall be scheduled by and held at the office issuing this solicitation prior to the commencement of any work under the contract which will be awarded as a result of this solicitation and offer. The contractor or his duly authorized representative shall be required to attend the pre-performance conference.

ELECTRONIC INVOICING, SUPPLEMENTAL INFORMATION – CONSTRUCTION

1. IAW DFARS 252.232-7003, Electronic Submission of Payment Requests, Eielson AFB is set up to receive electronic invoices through Wide Area Work Flow (WAWF). WAWF significantly accelerates all aspects of the invoicing process by removing the need for paper copy transmission of documents (i.e., faxes or snail mail). In addition, contractors using WAWF will be able to check on the status of submitted invoices by simply logging into the WAWF website.

2. Electronic submission of invoices is required unless an exception at DFARS 232.7002 is met. Any request to submit a non-electronic invoice IAW DFARS 232.7002(6)(i) must be submitted in writing to the Contracting Officer and shall state why the Contractor is unable to submit an electronic invoice.

3. Contractors may self register with WAWF by logging onto the website: https://wawf.eb.mil/.

4. If a Preconstruction Conference (PRECON) is held, additional information on invoicing via WAWF will be provided during this meeting.

5. Before invoicing in WAWF, the contractor must submit an AF Form 3065 for government review and approval. The government will review and return the AF Form 3065 as either approved or disapproved. The contractor may submit an invoice only after receiving approval on the AF Form 3065. Any invoice submitted prior to government approval of the AF Form 3065 will be immediately disapproved.

6. Use the information below when submitting an invoice in WAWF

Invoice Type: Construction Invoice

Admin DoDAAC: FA5004

Contracting Officer: F1U3TR

Paying Official DoDAAC: F67100

The use of extensions is not necessary and may result in delays and/or rejection of invoices Section H - Special Contract Requirements

LOCAL SECTION H

1. BONDING REQUIREMENTS

a. Bid Bond. Each offeror shall submit, with its proposal, a bid (offer) guarantee in the form of a Bid Bond (SF 24) with good and sufficient surety or sureties acceptable to the Government, or other security as described in FAR 52.228-1, Bid Guarantee. The required amount of the bid is twenty percent (20%) of the proposal price. The penal sum of a Bid Bond may be expressed in terms of a percentage of a bid price or as a stipulated monetary amount. When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated.

b. Performance and Payment Bonds. In accordance with the Miller Act (40 USC 2701-270f), the offeror to whom award is made shall, within ten (10) Calendar days after date of award, furnish a performance bond (SF 25) and a Payment Bond (SF 265a), each with a good and sufficient surety or sureties acceptable to the Government. The penal sum of the performance and payment bonds shall equal one hundred percent (100%) of the contract price. If the contract price increases by modification to the contract, an additional amount equal to one hundred percent (100%) of the increase will be required.

2. REQUIRED INSURANCE (IAW FAR 28.306(b))

Reference FAR Clause 52.228-5, Insurance Work on a Government Installation, the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract:

a. Workers’ compensation and employer’s liability Insurance: $100,000

b. General liability: $500,000 per occurrence.

c. Automobile liability: $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

3. STATE/LOCAL REQUIREMENTS

The state of Alaska currently requires that all residents of the North Star Borough maintain a current certification stating the vehicle has passed the required North Star Inspection and Maintenance (I/M) Program (Exceptions are listed in 18 AAC 52.005 (f)). A Borough resident is defined as any individual who regularly commutes to the area covered by the program. Regularly commuting translates into 30 days or more of being in the Borough. Therefore, all contractor vehicles that will be on Eielson AFB controlled lands within the Borough will be required to have a current I/M certification for their vehicle. Failure to do so may result in expulsion of the vehicle from the installation until a current I/M certification is obtained. Within 15 days of becoming employed in the State of Alaska, an out of state vehicle must be registered in Alaska and bare Alaska license plates.

4. FIRE SAFETY REQUIREMENTS

The Contractor shall obtain a permit from the Base Fire Department prior to conducting any welding or soldering or whenever the use of open flame is necessary during the construction phase. The Contractor and his employees will be required to adhere to any AFOSHA and OSHA requirements.

5. SEATBELTS

The wearing of seatbelts by operators and passengers of all privately owned and Government vehicles, excluding motorcycles, is mandatory whenever the vehicle is in motion on a military installation. The failure by any occupant of a vehicle to comply with this requirement will result in denial of entrance to the station. Violation of this requirement by any occupant of a vehicle traveling on Eielson AFB will result in the driver of the vehicle losing his/her driving privileges on Eielson AFB as follows: First offense: a 7 day suspension; Two (2) seatbelt violations within a 12-month period: 60 days suspension; Three (3) seatbelt violations within a 12-month period: 6 month suspension. In accordance with Alaska Statute 28.05.011 (13 AAC 04.270), certain older vehicles may be legally operated despite the unavailability of seatbelts in the vehicle. State law and the U.S. Department of Transportation require, however, that every passenger car manufactured after 1 January 1965 must be equipped with lap seat belts for use by the driver and one other front seat position. Drivers operating vehicles manufactured after the dates described above and which have had the lap or shoulder belts removed or otherwise rendered inoperable are not exempt from the base seatbelt requirement.

6. WORK SCHEDULE

a. Working hours for the Contractor will be between the hours of 7:00 am through 7:00 pm at Eielson AFB excluding Saturdays, Sundays, and Federal holidays. The following federal holidays are observed at Eielson AFB:

New Year’s Day

Labor Day

Martin Luther King’s Birthday

Columbus Day

President’s Day

Veterans Day

Memorial Day

Thanksgiving Day

Independence Day

Christmas Day

b. If the Contractor desires to work during periods other than the above, additional Government inspection forces may be required. The Contractor must request permission to work outside the normal work schedule no later than three days in advance of his intention to work during other periods to allow assignment of additional inspection forces when the Contracting Officer determines that they are reasonably available. If such force is reasonably available, the Contracting Officer may authorize the Contractor to perform work during periods other than normal duty hours/days; however, if inspectors are required to perform in excess of their normal duty days solely for the benefit of the Contractor, the actual cost of inspection at overtime rates may be charged to the Contractor. These adjustments to the contract price may be made periodically as directed by the Contracting Officer.

7. WEATHER CONDITIONS

Historical climate conditions for Eielson AFB can be found on the World Wide Web at http://www.wrcc.dri.edu/summary/climsmak.html. Offerors are encouraged to review the data for Eielson AFB, AK prior to proposal submission.

8. REQUIRED DATE FOR MATERIAL SUBMITTAL/SHOP DRAWINGS

a. Material submittals as required by Section I, Clause 52.236-5 entitled “Material and Workmanship”, and shop drawings as required by Section I, Clause 52.236-21 entitled “Specifications and Drawings for Construction”, are listed on “Schedule of Material Submittals” attachment.

b. Contractor shall submit shop drawings and material submittals in accordance with the contract or as otherwise directed by the Contracting Officer.

c. All shop drawings and material submittals shall be prepared and submitted in accordance within this Section entitled “Material Approval Submittal Form”.

d. In the event the Contractor cannot meet the established dates for submission of material submittals or shop drawings, he will advise the Contracting Officer verbally and in writing and arrange a mutually acceptable date that will not delay progress of the work.

9. MATERIAL APPROVAL SUBMITTAL FORM (AF FORM 3000)

a. All materials and articles requiring approval, as contemplated by the Materials and Workmanship clause shall be submitted by the contractor, by means of AF Form 3000. The contracting officer shall establish a suspense date on action to be taken on submittals and retain the fourth copy for necessary follow-up action.

b. In so far as practical and before commencement of work, the contracting officer shall inform the contractor of the materials or articles requiring approval.

10. CONTRACT PROGRESS SCHEDULES AND REPORTS FOR CONSTRUCTION CONTRACTS

a. AF Form 3064, Contract Progress Schedule, shall be used to satisfy the requirements of the Schedules for Construction Contracts clause (FAR 52.236-15). Upon submission of the initial AF Form 3064, the Contracting Officer and Civil Engineer shall carefully evaluate the percentage of the total job assigned to each work element. Particular attention shall be devoted to those elements to be performed in the early stages of the effort to preclude overstatement that would result in an imbalance in payments and exceed the value of work performed. Work elements shall be limited to those tasks, which will indicate the progress of the work and which, may be readily identified and measured by personnel monitoring the contractor’s progress. Normally the percentage factors of each work element should be related to the total value of the contract. This may vary, however, depending on the percentage factor the Contracting Officer chooses to assign for materials stored on-site. Consideration for materials stored on-site should be limited to major high cost items. It is not the policy of the Air Force to pay the contractor for miscellaneous low dollar value items prior to installation. Payment will not be made for materials stored off-site. Payments for materials in advance of installation are at the discretion of the Contracting Officer and will be substantiated with paid invoices. The Government does not guarantee that any material payments will be made.

b. AF Form 3065, Contract Progress Report, shall be used to satisfy the requirement of periodic progress reporting by one of the following methods, at the discretion of the Contracting Officer:

1. Separate reports covering the same period will be prepared by the contractors and by the Civil Engineer or their designees.

2. The contractor shall prepare the report and route it through Civil Engineering. The Civil Engineer or their designees shall review the report and make necessary comments and forward it to the base contracting office for action.

3. Appropriate action shall be taken to resolve any significant variances of five percent or more in the percent of progress reported by the contractor and the Civil Engineer.

c. Appropriate revisions shall be made to the existing AF Form 3064, or a revised form obtained, whenever a contract modification causes a change in the original progress schedule. A revised AF Form 3064 shall be obtained whenever the performance period is extended for 60 days or more. Upon completion of the contract, the actual completion date shall be entered on the AF Form 3064 and the form, together with all supporting copies of AF Form 3065, shall be filed as permanent records.

d. Work elements entered in column B of the AF Form 3064 shall be limited to those tasks which will indicate the progress of the work under the contract, and which may be readily identified and measured by personnel monitoring the contractor’s progress. Such elements as preparatory work, supervision, administration, mobilization, demobilization, and cleanup may be considered as appropriate entries when they represent actual progress upon which the Contracting Officer may make a decision regarding approval or disapproval of the contractor’s payment estimates.

11. INTERRUPTION OF UTILITY SERVICES

The Government may not be held responsible for interruptions of utility service and will not be liable for contractor delays, damages, or increased costs occasioned by any such interruption of service.

12. UTILITY SERVICES

The Contractor will be required to participate in all Air Force energy conservation programs. Utility services furnished to the contractor by the Government from the Government’s existing system outlets and supplies will be at no cost to the Contractor, but see contract clause titled FAR 52.236-14, “Availability and Use of Utility Services,” in Section I.

13. DAMAGE TO UTILITIES

The contractor shall be responsible for any and all damages to accurately marked utilities resulting from its operations. Further, the contractor shall be held liable for all costs associated with such damages. Such costs include not only the costs to properly repair the damaged utility, but also any direct costs incurred by the government to provide emergency response to the site, as well as for any other monetary losses. Such loss may also include the value of loss of productivity experienced by the government due to loss of power and /or facility evacuation arising from the utility damage.

14. DEWATERING PERMIT

The contractor is required to comply with current applicable permits, state regulations, and requirements for any dewatering operations. Specifically, the contractor is required to comply with Alaska Wastewater Disposal Permit No. 9440-DB002 governing dewatering activities, which is hereby incorporated by reference into this contract. In accordance with the subject permit, wastewater discharged or diverted from any construction activity such as culvert placement, gravel mining, bridge construction, and building construction must comply with Alaska Water Quality Standards as well as the limitations in Permit No. 9440-DB002. In addition, the contractor is required to notify the State of Alaska at least two weeks before discharging any water from the construction site when the total volume of water to be discharged or moved exceeds 500,000 gallons. This notification must meet the requirements of Appendix A, Section I of Permit 9440-DB002. Nothing in this section relieves the contractor of its obligation under the Federal Acquisition Regulation Permits and Responsibilities Clause to comply with all applicable environmental standards and laws.

15. FINAL INSPECTION

Final Inspection will be conducted during the period of Monday through Friday between 0800 hours and 1600 hours. The Contractor must notify the Contracting Officer in writing a minimum of five (5) calendar days prior to completion date. Final Inspection falling due on weekends, legal holidays, and 354th Wing down days will be postponed to the following workday.

16. TELECOMMUNICATIONS MONITORING AND ASSESSMENT PROGRAM (TMAP)(IAW AFI 33-219)

All communications within DOD organizations are subject to TMAP 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 or terminating at DOD organizations. Therefore, civilian contractor personnel are advised that anytime they place a call to or receive a call from a USAF organization, they are subject to TMAP 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.

17. HAZARDOUS MATERIAL REPORTING

a. The contractor shall submit an initial Hazardous Material Report within 10 calendar days after award, to the Base Contracting Office. Hazardous material is defined as any material that requires a Material Safety Data Sheet (MSDS) in accordance with 29 CFR 1910.1200 and Federal Standard 313c, paragraph 3.3. This initial Hazardous Material Report will be reviewed and annotated by the Base Bioenvironmental Office to identify which hazardous materials shall be tracked and reported by the contractor in a Hazardous Material Usage Report, discussed later.

b. The initial Hazardous Material Report will be returned to the contractor within 30 calendar days after submission. The initial Hazardous Material Report shall include the following information and follow the format indicated below:

1. Hazardous Material Product Name

2. MSDS Serial #, Estimated quantity that will be stored and used on Eielson AFB, in direct support of contract performance for the calendar year.

c. The contractor shall submit an annual Hazardous Material Usage Report for hazardous material used in direct support of contract performance at Eielson AFB. The report shall show:

1. Maximum quantity of hazardous material stored on Eielson AFB

2. Quantity used on Eielson AFB

3. Quantity removed from Eielson AFB.

This report is due to the Base Contracting Office within 20 calendar days after completion of the contract or within 20 calendar days after 31 December of each calendar year, whichever comes first. The annual Hazardous Material Report shall include the following information and follow the format indicated below:

Hazardous Material Product Name, MSDS Serial #, the Total Quantity of the hazardous material that was stored on Clear AFS during the calendar year, Total Quantity used on Clear AFS during the calendar year, and the Total Removed from Clear AFS at the completion of subject contract.

18. DYNAMIC SMALL BUSINESS SEARCH PROGRAM

All contractors are requested to utilize the Dynamic Small Business Search Program to assist them in obtaining resources to meet their contractual requirements. Dynamic Small Business Search is an electronic gateway of procurement information – for and about small businesses. It is a search engine for Contracting Officers, a marketing tool for small firms and a “link” to procurement opportunities and important information. It is designed to be a “virtual” one-stop-procurement-shop. Dynamic Small Business Search is an Internet based database of information on small, disadvantaged, 8(a) and women-owned businesses. It is free to federal and state Government agency as well as prime and other contractors seeking small business contractors, subcontractors and/or partnership opportunities. The SBA home page address is: http://dsbs.sba.gov/dsbs/dsp_dsbs.cfm.

19. INVESTIGATION OF DAMAGE OR INJURY

The United States Government will have the right to conduct an investigation, or participate in the Contractor’s investigation, of any damage or injury to United States Government property, equipment or personnel.

20. CONSTRUCTION EQUIPMENT

Equipment and vehicles to be used on base shall be safe and in good operating condition. The Contracting Officer, or authorized representative, reserves the right to inspect any on-base equipment and reject such equipment if he/she considers it unsafe, in poor operating condition, or inappropriate for work. Contractor must notify the Contracting Officer of any Contractor equipment that is broken down on roads. Every effort should be made to move broken down equipment to the nearest parking lot before leaving it.

21. CELL PHONE USE IN VEHICLES

Contractors operating motor vehicles on all PACAF installations WILL NOT use cell phones unless the vehicle is safely parked or they are using a hands-free device. Violation of this policy will result in loss of on-base driving privileges for 30 days.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (JAN 2005)

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

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; or

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

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

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. 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 the construction material 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)

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2002)

(a) Definitions. 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” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations 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 the clause at FAR 52.225-9 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 material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(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 not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic 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 the clause at FAR 52.225-9 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 the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic 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)

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.

(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 default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of clause)

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 12 (twelve) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.farsite.hill.af.mil

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.222-7000 RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)

(a) The Contractor shall employ, for the purpose of performing that portion of the contract work in Alaska, individuals who are residents thereof and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills to perform the contract.

(b) The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded under this contract.

(End of clause)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Attachment JA-1 (End of clause)

5352.201-9101

OMBUDSMAN (AUG 2005)

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

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

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen, Major James O’Quinn at 354 Broadway Street, Unit 5B Eielson AFB, AK 99702 or phone 907-377-2441, fax 907-377-4647 or email to james.oquinn@eielson.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067.

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

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

(End of clause)

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (JUN 2002)

(a) The contractor shall obtain base identification…