Solicitation 17 Feb 2009.doc

Section B - Supplies or Services and Prices

CLAUSES AND PROVISIONS

1. 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.

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

3. 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.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$100,000.00

$4,500,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,000.00

$500,000.00

Roofing IDIQ (Base Year)

FFP

Furnish all materials, plant and labor to inspect, restore, repair or replace roofs on Eielson Air Force Base, Alaska and any other facility under the jurisdiction of the 354th Fighter Wing. These roofs are comprised of composite shingles, Insulated Roof Membrane Assemblies (IRMA), Exposed Membrane roofs (EPDM), corrugated metal, built-up-roof, and standing-seam metal. This is an indefinite delivery, indefinite quantity (IDIQ) contract. At any time during the contract period a task order can be issued to the contractor to repair or replace roofs on Eielson Air Force Base or other locations. The cost of each task order will be determined by selecting work items that are pre-priced on the bid schedule. The performance period for this Base Year shall be from 1 May 2009 to 30 April 2010.

FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

Planning Task Orders

Contractor shall provide planning task orders in accordance with Section G - Planning Task Orders.

MAX

Roofing IDIQ (Option Year 1)

Furnish all materials, plant and labor to inspect, restore, repair or replace roofs on Eielson Air Force Base, Alaska and any other facility under the jurisdiction of the 354th Fighter Wing. These roofs are comprised of composite shingles, Insulated Roof Membrane Assemblies (IRMA), Exposed Membrane roofs (EPDM), corrugated metal, built-up-roof, and standing-seam metal. This is an indefinite delivery, indefinite quantity (IDIQ) contract. At any time during the contract period a task order can be issued to the contractor to repair or replace roofs on Eielson Air Force Base or other locations. The cost of each task order will be determined by selecting work items that are pre-priced on the bid schedule. The performance period for this Base Year shall be from 1 May 2010 to 30 April 2011.

MAX

Planning Task Orders

Contractor shall provide planning task orders in accordance with Section G - Planning Task Orders.

MAX

Roofing IDIQ (Option Year 2)

Furnish all materials, plant and labor to inspect, restore, repair or replace roofs on Eielson Air Force Base, Alaska and any other facility under the jurisdiction of the 354th Fighter Wing. These roofs are comprised of composite shingles, Insulated Roof Membrane Assemblies (IRMA), Exposed Membrane roofs (EPDM), corrugated metal, built-up-roof, and standing-seam metal. This is an indefinite delivery, indefinite quantity (IDIQ) contract. At any time during the contract period a task order can be issued to the contractor to repair or replace roofs on Eielson Air Force Base or other locations. The cost of each task order will be determined by selecting work items that are pre-priced on the bid schedule. The performance period for this Base Year shall be from 1 May 2011 to 30 April 2012.

MAX

Planning Task Orders

Contractor shall provide planning task orders in accordance with Section G - Planning Task Orders.

MAX

End of Section B

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

End of Section E

Section F - Deliveries or Performance Winter Exclusionary Period

No work will be required during the period from 1 October to 1 May for the base year and any excercised option years, unless specified otherwise on individual task order

** This period is inclusive and such period will not be considered in computing the time allowed for completion.

DELIVERY INFORMATION

30-APR-2010

30-APR-2011

30-APR-2012

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 days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the date identified in the task order. 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 task order, the Contractor shall pay liquidated damages to the Government in the amount of $263.05 for the first day and $231.18 for each additional calendar day of delay until the work is completed or accepted.

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

(End of clause)

End of Section F

Section G - Contract Administration Data

CONTRACT ADMINISTRATION

1. 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:

Jordan J. Omstead

354 CONS/LGCA

Phone: (907) 377-6895 354 Broadway Ave Unit 5B

Fax: (907) 377-2547

Eielson AFB, AK 99702 jordan.omstead@eielson.af.mil

2. 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.

3. 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.

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

5. 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

IAW DFARS 252.232-7003

1. 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.

ORDERING PROCEDURES

All Task Orders placed against this contract will be issued by the contract administration office identified in this contract. Once a project has been identified, a request for proposal will be requested from the contractor. The contractor shall have a maximum of 10 calendar days to provide a proposal. The contractor’s proposal shall include a price breakdown by Contract Line Item Number (CLIN), any assumptions the contractor has made regarding the project, drawings and any other documentation necessary to evaluate the proposal. It is the contractor’s responsibility to verify all conditions prior to submitting a proposal. Also, it is the contractor’s responsibility to acknowledge that the necessary steps taken to reasonably ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost. Upon review of the proposal by the Government, negotiations may occur, or the Government may accept the proposal without negotiations. After negotiations are complete or the proposal has been accepted, a Task Order will be issued to the contractor.

PAYMENTS

The contractor may invoice for up to 90% of the amount cited on each task order (provided progress payments are applicable) and final invoicing shall be authorized only after the Contracting Officer has received and approved all submittals required by the contract and/or the task order

PLANNING TASK ORDERS

1. The Government shall issue a Planning Task Order (PTO) for all projects which are awaiting funding decisions. Issuance of a PTO for proposal preparation does not obligate the Government to issue a Task Order (TO) to construct the work described in the resulting negotiated proposal.

2. Following are the steps involved in a PTO:

3. CE submits request for proposal (RFP) and funding for the PTO to Contracting.

4. Contracting Officer (CO) issues a PTO to the Contractor, which will include a Statement of Work and any other documents necessary for the Contractor to prepare the proposal.

5. Contractor requests a site visit (if necessary).

6. Contractor shall have 5 calendar days to submit their proposal to the Contracting Officer.

7. The contractor’s proposal shall include a price breakdown by Contract Line Item Number (CLIN), any assumptions the contractor has made regarding the project, drawings and any other documentation necessary to evaluate the proposal. It is the contractor’s responsibility to verify all conditions prior to submitting a proposal. Also, it is the contractor’s responsibility to acknowledge they have taken the necessary steps to reasonably ascertain the nature and location of the work, and they have investigated and satisfied themselves as to the general and local conditions which can affect the work or its cost.

8. Government reviews proposal and schedules negotiations (as required).

9. Government approves final negotiated proposal.

10. Contractor invoices and Government pays for PTO.

11. Upon completion of the steps 1-10 listed above, the project is considered “on the shelf” and awaiting funds.

12. The negotiated/accepted cost resulting from the PTO shall remain valid through the end of the current option year.

13. The contractor may update any projects funded during previous option year(s) using current option year pricing.

14. Prior to invoicing, the contractor shall submit a Progress Report (AF Form 3065) indicating 100% progress to meet receiving report requirements. (No AF Form 3064 will be required).

15. If funding to construct the project becomes available at any time during the proposal process, the PTO may be converted to a normal TO.

ISSUANCE OF A TASK ORDER FROM PTO

1. Upon receipt of funding, a new task order will be issued to construct the project.

2. The previously paid proposal fees will be deducted from the overall price of the new Task Order.

End of Section G

Section H - Special Contract Requirements

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 clause 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 25a), each with a good and sufficient surety or sureties acceptable to the Government. The penal sum of the performance and payment bonds shall equal $1,500,000. If the value of awarded TASK ORDERS exceeds the $1,500,000, an additional amount equal to one hundred percent (100%) of the excess will be required.

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.

STATE/LOCAL REQUIREMENTS

If the Contractor, its employees and/or agents, will be utilizing motor vehicles under the performance of the subject contract within the state of Alaska, the Contractor shall abide by and comply with all State of Alaska, Division of Motor Vehicle Requirements which can be reviewed at http://www.state.ak.us/dmv/. Additionally, failure to meet and/or maintain the Alaska Division of Motor Vehicle Requirements may result in expulsion of the vehicle from the installation until such requirements are met. Offerors are encouraged to review the aforementioned website prior to proposal submission. Note that the previously stated website and its contents are subject to change with or without notice. Accordingly, it is the Contractor’s sole responsibility to ensure compliance at all times. The expulsion of any Contractor operated vehicle shall not affect the period of performance for any and/or all projects and is not considered a Government caused delay. Furthermore, the website as noted above is NOT endorsed, operated or maintained by the United States Air Force; its inclusion is merely for reference. .

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 Federal, State, Local, AFOSHA and OSHA requirements.

SEATBELTS

The wearing of seatbelts by operators and passengers of all privately owned and Government vehicles, excluding motorcycles, are 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 installation. Violation of this requirement by any occupant of a vehicle traveling on Eielson AFB may result in the driver of the vehicle losing his/her driving privileges on Eielson AFB. Lose of driving privileges for failure to comply with Eielson AFB Traffic Regulations shall not affect the period of performance for any and/or all projects and is not considered a Government caused delay.

WORK SCHEDULE

a. Working hours for the Contractor will be between the hours of 7:00 am through 5:00 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.

WEATHER CONDITIONS

Historical climate conditions for Eielson AFB can be found on the following website at http://www.wrcc.dri.edu/summary/climsmak.html. Offerors are encouraged to review the data for Eielson AFB, AK prior to proposal submission. Note that the previously stated website and its contents are subject to change with or without notice. Furthermore, the website as noted above is NOT endorsed, operated or maintained by the United States Air Force; its inclusion is merely for reference. Any reliance on such information is at the risk of the Interested Party.

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.

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.

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). The Contractor shall submit the AF Form 3064 for all task orders written against this contract with a period of performance of 60 days or more. Contract Progress Schedules shall be submitted for task orders with performance periods less than 60 days at the request of the contracting officer. 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.

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.

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.

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.

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 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.

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.

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.

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.

HAZARDOUS MATERIAL REPORTING

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. 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:

Hazardous Material Product Name, MSDS Serial #, Estimated quantity that will be stored and used on Eielson AFB, in direct support of contract performance for the calendar year. 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 the maximum quantity of hazardous material stored on Eielson AFB, the quantity used on Eielson AFB, and the 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 Eielson AFB during the calendar year, Total Quantity used on Eielson AFB during the calendar year, and the Total Removed from Eielson AFB at the completion of subject contract.

DYNAMIC SMALL BUSINESS SEARCH PROGRAM

All Contractors are requested to utilize the Dynamic Small Business Search program in Central Contractor Registration to assist them in obtaining resources to meet their contractual requirements. The Dynamic Small Business Search program 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. The Dynamic Small Business Search program is an Internet based database of information. 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.

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.

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. The Contractor must notify the Contracting Officer of any Contractor equipment that is “broken down” on Eielson AFB. Every effort should be made to move “broken down” equipment to the nearest parking lot before leaving it.

TRAFFIC REGULATIONS / CELL PHONE USAGE

The Contractor, its employees and/or agents, operating motor vehicles on Eielson AFB shall comply with all installation traffic regulations inclusive of any cell phone usage guidelines. Installation traffic regulations are subject to change with or without notice. Accordingly, it is the Contractor’s sole responsibility to ensure compliance at all times. Violation of any traffic regulations may result in loss of on-base driving privileges. Loss of driving privileges shall not affect the period of performance and is not considered a Government caused delay.

WINTER EXCLUSION PERIOD

No work will be required unless otherwise approved in writing by the Contracting Officer, during the period from 1 October through 30 April inclusive. If the Contractor chooses to work during this period, those days will be deducted from the performance period. The winter exclusion will be negotiated for each task order.

End of Section H

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.202-1 DEFINITIONS (JUL 2004)

(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(1) The solicitation, or amended solicitation, provides a different definition;

(2) The contracting parties agree to a different definition;

(3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at http://www.acqnet.gov at the end of the FAR, after the FAR Appendix.

(End of clause)

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from CONTRACT AWARD through THE EXPIRATION OF THE CONTRACT.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $500,000.00;

(2) Any order for a combination of items in excess of $1,500,000.00; or

(3) A series of orders from the same ordering office within TEN (10) days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within FIVE (5) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract more than 365 days beyond the contract period of performance.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within FOURTEEN (14) DAYS OF CONTRACT EXPIRATION.

(End of clause)

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

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed FORTY TWO (42) MONTHS.

(End of clause)

52.222-30 DAVIS-BACON ACT--PRICE ADJUSTMENT (NONE OR SEPARATELY SPECIFIED METHOD) (DEC 2001)

(a) The wage determination issued under the Davis-Bacon Act by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, that is effective for an option to extend the term of the contract, will apply to that option period.

(b) The Contracting Officer will make no adjustment in contract price, other than provided for elsewhere in this contract, to cover any increases or decreases in wages and benefits as a result of-- (1) Incorporation of the Department of Labor's wage determination applicable at the exercise of the option to extend the term of the contract;

(2) Incorporation of a wage determination otherwise applied to the contract by operation of law; or

(3) An increase in wages and benefits resulting from any other requirement applicable to workers subject to the Davis-Bacon Act.

(End of clause)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material

Identification No.

(If none, insert "None")

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor…