09-R-C012 Final.pdf

1) Enter prices in Section B of this solicitation.

2) Faxed and/or Electronic Proposals are not authorized and will not be accepted.

3) The magnitude of this project is between $1,000,000 and $5,000,000.

4) Offeror shall be registered in the Central Contractors Registration (CCR) and the Online Representations and Certifications Applications (ORCA) in order to be eligible to receive an award. Interested Parties can register via the internet at www.ccr.gov and https://orca.bpn.gov/login.aspx

5) The Offeror is cautioned to completely fill out and return Section K. Additionally, Sections K and L will be physically removed from any resultant award, but shall be deemed to be incorporated by reference in that award.

6) See FAR 52.236-27 Alt 1 for site visit details.

7) This project is advertised under the American Recovery & Reinvestment Act. See Sections I, K and L for instructions on submission of non-US materials/products.

PHILIP R. CIRRINCIONE 907-377-1406

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

12-May-2009

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance within _______ 10 calendar days and complete it within ________ 60 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________ Section F

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ 1 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ 16 Jun 2009 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______ 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

354 CONTRACTING SQUADRON ISSUING OFFICE

354 BROADWAY ST, UNIT 5B

LGCA - CONSTRUCTION

EIELSON AFB AK 99702-1801

FA5004

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

907-377-2547 FAX: TEL: 907-377-2464 TEL: FAX:

FA5004-09-R-C012 43

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

FA5004-09-R-C012

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum Maintain Turbine Generator

FFP

Provide all labor, material, equipment, supervision, work and facilities necessary to complete project FTQW 07-1054, Maintain Turbine Generator #4, at Eielson's

Central Heat and Power Plant, in accordance with the Specification and Drawings.

FOB: Destination

SIGNAL CODE: A

NET AMT

0002 1 Lump Sum Materials for Recommended Repair

FFP

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. This CLIN is a "Not To Exceed".

Labor for Recommended Repairs

FFP

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. This CLIN is Informational only.

0003AA 230 Labor

Hours

Technical Director, Start Up Engineer

FFP

Provide all Technical DirectorUp Engineer 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.

This CLIN is an "Estimated amount".

0003AB 250 Labor

On-Site Supervisor

Provide all On-Site Supervisor 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. This CLIN is an

"Estimated amount".

0003AC 2,070 Labor

Skilled Workers

Provide all Skilled Workers (Millwrights, Welders, Pipefitters, etc) 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. This CLIN is an "Estimated amount".

0003AD 750 Lump Sum Laboreers, Helpers, & Apprentices

FFP

Provide all Laboreers, Helpers, & Apprentices 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.

This CLIN is an "Estimated amount".

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:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0003AA Destination Government Destination Government

0003AB Destination Government Destination Government

0003AC Destination Government Destination Government

0003AD Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 60 dys. ADC 1 354 CES/CECC - F1U3C7

DAVID WILSON

2310 CENTRAL AVE SUITE 3

EIELSON AFB AK 99702-2299

377-1736

F1U3C7

0002 60 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 60 dys. ADC 0 (SAME AS PREVIOUS LOCATION)

0003AA 60 dys. ADC 230 (SAME AS PREVIOUS LOCATION)

0003AB 60 dys. ADC 250 (SAME AS PREVIOUS LOCATION)

0003AC 60 dys. ADC 2,070 (SAME AS PREVIOUS LOCATION)

0003AD 60 dys. ADC 750 (SAME AS PREVIOUS LOCATION)

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, (c) complete the first phase of work ready for use not later than 60 days after Notice to Proceed, and (d) complete the recommended repairs no later than

140 days after written notification. 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 $224.76 for the first day and $192.44 for subsequent days until the work is completed or accepted. In the event Turbine Generator #4 is needed as backup but isn’t operational due to delay beyond contract completion date. The contractor will be held accountable to whichever method the government deems appropriate.

(1) Estimated damages for purchasing power from GVEA; NOT TO EXCEED $45,000/month during the affected period and NOT TO EXCEED 31,500/month for eleven months after the month in which the affected period ends.

(2) Estimated damages for having to run the CH&PP’s diesel generators is NOT TO EXCEED

$1,600/hour.

(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.

EXCLUSIONARY PERIOD

No work shall be required during the period of 1 October 2009 through 14 April 2010. This period has not been considered in computing the time allowed for completion.

Section G - Contract Administration Data

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). 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

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 bond 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

52.202-1 Definitions JUL 2004

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees APR 1984

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures JUL 1995

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000

52.204-7 Central Contractor Registration APR 2008

52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

SEP 2006

52.211-13 Time Extensions SEP 2000

52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

JUL 2005

52.219-8 Utilization of Small Business Concerns MAY 2004

52.219-9 Small Business Subcontracting Plan APR 2008

52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

JUL 2005

52.222-6 Davis Bacon Act JUL 2005

52.222-7 Withholding of Funds FEB 1988

52.222-8 Payrolls and Basic Records FEB 1988

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.222-11 Subcontracts (Labor Standards) JUL 2005

52.222-12 Contract Termination-Debarment FEB 1988

52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility FEB 1988

52.222-21 Prohibition Of Segregated Facilities FEB 1999

52.222-26 Equal Opportunity MAR 2007

52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998

52.222-37 Employment Reports On Special Disabled Veterans, Veterans

Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-39 Notification of Employee Rights Concerning Payment of

Union Dues or Fees

DEC 2004

52.222-50 Combating Trafficking in Persons FEB 2009

52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003

52.223-6 Drug-Free Workplace MAY 2001

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-4 Patent Indemnity-Construction Contracts DEC 2007

52.228-2 Additional Bond Security OCT 1997

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-11 Pledges Of Assets FEB 1992

52.228-12 Prospective Subcontractor Requests for Bonds OCT 1995

52.228-14 Irrevocable Letter of Credit DEC 1999

52.228-15 Performance and Payment Bonds--Construction NOV 2006

52.229-3 Federal, State And Local Taxes APR 2003

52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002

52.232-17 Interest OCT 2008

52.232-23 Assignment Of Claims JAN 1986

52.232-27 Prompt Payment for Construction Contracts OCT 2008

52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-2 Differing 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 NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

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 Accident Prevention NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-17 Layout of 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

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.243-4 Changes JUN 2007

52.244-6 Subcontracts for Commercial Items FEB 2009

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering-Construction SEP 2006

52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (May 2004) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007

252.204-7006 Billing Instructions OCT 2005

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.223-7001 Hazard Warning Labels DEC 1991

252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.225-7012 Preference For Certain Domestic Commodities DEC 2008

252.227-7033 Rights in Shop Drawings APR 1966

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment MAR 1998

252.247-7023 Transportation of Supplies by Sea MAY 2002

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND

REINVESTMENT ACT OF 2009 (MAR 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT-REPORTING REQUIREMENTS (MAR

2009)

(a) Definitions. As used in this clause—

Contract, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards;

job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

First-tier subcontract means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

Jobs created means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in

FAR 2.101). The number shall be expressed as ―full-time equivalent‖ (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Jobs retained means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as ―full-time equivalent‖ (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Total compensation means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting

Standards No. 123 (Revised 2004) ( FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6). Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American

Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government's on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(l) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

52.215-2 AUDIT AND RECORDS--NEGOTIATION (MAR 2009) - ALTERNATE I MAR 2009)

(a) As used in this clause, "records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour,…