Amendment FA5004-12-R-C003-0003 Conformed Copy.pdf

FA5004-12-R-C003-0003

1) Enter prices in the Bid Schedule, Attachment JA-1, and then enter the total amounts for each period of performance on the CLINS in Section

B. Enter a proposed price for providing Planning Task Orders (PTOs) on those CLINS in Section B.

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

3) The magnitude of this project is betw een $25,000,000 and $100,000,000 including options. The applicable NAICS is 237310 w ith a size standard of $33.5M.

4) Offeror shall be registered in the Central Contractors Registration (CCR) and the Online Representations and Certif ications Applications

(ORCA) in order to be eligible to receive an aw ard. Interested Parties can register viea the internet at w w w .ccr.gov and https://orca.bpn.gov/login.aspx.

5) The Offeror is cautioned to completely f ill out and return Section K. Additionally, Sections K, L and M w ill be physically removed from any resultant aw ard, but shall be deemed to incorporated by reference in that aw ard.

NOTE: All offerors are directed to Section F of this solicitation for the contract performance periods. The periods of performance for each task order issues under this contract w ill be negotiated on each task order.

NICHOLAS B. BASTIANI 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-Jun-2012

(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

X

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 w ithin _______10 calendar days and complete it w ithin ________ calendar days after receiving aw ard, 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 w ork required are due at the place specif ied in Item 8 by ___________ local time ______________19 Jul 2012 (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) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill 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

2310 CENTRAL AVE, BLDG 2258

LGCA - CONSTRUCTION

EIELSON AFB AK 99702-1801

FA5004

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

04:00 PM (hour)

Sealed envelopes containing offers

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

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

907-377-2547FAX:TEL: 907-377-5444 TEL: FAX:

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

FA5004-12-R-C003

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Lump

Sum

Paving IDIQ - Base Period

FFP

The Contractor shall provide all plant, labor, supervision, equipment, materials and labor to perform all operations necessary and/or required to maintain, repair and construct base and airfield pavement and surfaces in accordance with the attached specifications. This is an indefinite delivery, indefinite quantity (IDIQ) contract. At any time during the conract period, a task order can be unilaterally issued to the Contractor to restore, repair, replace or construct pavements on

Eielson Air Force Base. The cost of each task order will be determined by selecting work items that are pre-priced on the offer schedule. The performance period for the base year shall be from date of award through 31 March 2013. The offer schedule is identified and attached to the contract as Attachment JA-1. Offer schedule items for the Base Year are inclusive of Items A001 through A095.

FOB: Destination

NSN: Z222-CO-NST-RUCT

SIGNAL CODE: A

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 25 Lump

Planning Task Orders

The Contractor shall provide Planning Task Orders (PTO) in accordance with

Section G - Planning Task Orders and IAW the specifications.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

1001 UNDEFINED Lump

OPTION Paving IDIQ - Option Year 1

The Contractor shall provide all plant, labor, supervision, equipment, materials and labor to perform all operations necessary and/or required to maintain, repair and construct base and airfield pavement and surfaces in accordance with the attached specifications. This is an indefinite delivery, indefinite quantity (IDIQ) contract. At any time during the conract period, a task order can be unilaterally issued to the Contractor to restore, repair, replace or construct pavements on

Eielson Air Force Base. The cost of each task order will be determined by selecting work items that are pre-priced on the offer schedule. The offer schedule is identified and attached to the contract as Attachment JA-1. Offer schedule items for the Option Year One (1) are inclusive of Items B001 through B095. The performance period for the first option year shall be from 1 April 2013 through 31

March 2014.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

1002 25 Lump

OPTION Planning Task Orders

The Contractor shall provide Planning Task Orders (PTO) in accordance with

Section G - Planning Task Orders and IAW the specifications.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

2001 UNDEFINED Lump

OPTION Paving IDIQ - Option Year 2

The Contractor shall provide all plant, labor, supervision, equipment, materials and labor to perform all operations necessary and/or required to maintain, repair and construct base and airfield pavement and surfaces in accordance with the attached specifications. This is an indefinite delivery, indefinite quantity (IDIQ) contract. At any time during the conract period, a task order can be unilaterally issued to the Contractor to restore, repair, replace or construct pavements on

Eielson Air Force Base. The cost of each task order will be determined by selecting work items that are pre-priced on the offer schedule. The offer schedule is identified and attached to the contract as attachment JA-1. Offer schedule items for option year Two (2) are inclusive of Items C001 through C095. The performance period for the second option year shall be from 1 April 2014 through

31 March 2015.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

2002 25 Lump

OPTION Planning Task Orders

The Contractor shall provide Planning Task Orders (PTO) in accordance with

Section G - Planning Task Orders and IAW the specifications.

FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

**THIS CLIN HAS BEEN DELETED**

FOB: Destination

**THIS CLIN HAS BEEN DELETED**

**THIS CLIN HAS BEEN DELETED**

**THIS CLIN HAS BEEN DELETED**

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

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$50,000.00 $30,000,000.00

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

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$2,500.00 $3,500,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

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

CLIN

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

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

1001 Destination Government Destination Government

1002 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

3001 Destination Government Destination N/A

3002 Destination Government Destination N/A

4001 Destination Government Destination N/A

4002 Destination Government Destination N/A

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 POP 16-AUG-2012 TO

31-MAR-2013

N/A 354 CES/CEOE - F1U3CE

DAVID KOLNES

2310 CENTRAL AVE SUITE 4

EIELSON AFB AK 99702

(907) 377-1181

F1U3CE

0002 POP 16-AUG-2012 TO

31-MAR-2013

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-APR-2013 TO

31-MAR-2014

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-APR-2013 TO

31-MAR-2014

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-APR-2013 TO

31-MAR-2015

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-APR-2014 TO

31-MAR-2015

N/A (SAME AS PREVIOUS LOCATION)

3001 N/A N/A N/A N/A

3002 N/A N/A N/A N/A

4001 N/A N/A N/A N/A

4002 N/A N/A N/A N/A

52.211-13 Time Extensions SEP 2000

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 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the time specified on each task order. The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(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 $260.34 for the first calendar day of the delay and $236.56 for for each subsequent calendar day of delay until the work is completed or accepted. Greater costs can be incurred if the Government incurs costs due to mission impact or essential facilities or services availability is impeded due to contractor delay. If additional liquidated damages above the said amount are to be assessed, it will be stated per individual task order.

(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.

Section G - Contract Administration Data

CONTRACT ADMINISTRATION

1. CONTRACT ADMINISTRATION

a) Accounting and appropriation data will be cited on each individual task order (s) as awarded.

b) Guaranteed minimum amount: Upon award of the contract, task order for obligation record of guaranteed minimum amount of $50,000 will be placed to the contractor. The task order for obligation record will be retained by the Government until a task order for the construction work fulfilling the guaranteed minimum amount is placed.

c) Following award, this contract will be administered by the 354 th

Contracting Squadron.

The name, address, telephone number, and fax number of the Contracting Officer is:

Gregory Johnson

354 CONS/LGCA Phone: (907) 377-2464

2310 Central Ave Bldg 2258 Fax: (907) 377-2547

Eielson AFB, AK 99702 gregory.johnson@eielson.af.mil

d) 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.

e) 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.

f) Any request for contract changes/modifications shall be submitted to the Contracting

Officer.

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

Officer.

2. DESIGNATION OF TECHNICAL REPRESENTATIVE

mailto:gregory.johnson@eielson.af.mil

The Base Civil Engineer, or his authorized representative, is designated as the Technical

Represenative 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.

3. 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.

4. ELECTRONIC INVOICING, SUPPLEMENTAL INFORMATION – CONSTRUCTION

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

b. 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.

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

d. During the Preconstruction Conference (PRECON), additional information on invoicing via

WAWF will be provided.

e. 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.

f. 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.

g. 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.

Section H - Special Contract Requirements

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 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 52.228-5, 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

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. Offeror is 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.

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 http://www.state.ak.us/dmv/ 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 warning which will apply to the whole company; Second offense: 30 days suspension; Third offense: 90 days 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

Working hours for the Contractor will be between the hours of 7:30 am through 4:30 pm at Eielson AFBS 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

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. 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.

8. 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.

9. 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.

10. 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, waste water 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.

11. 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.

12. 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 require 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.

13. DYNAMIC SMALL BUSINESS SEARCH

All contractors are requested to utilize the DSBS program to assist them in obtaining resources to meet their contractual requirements. DSBS 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.

DSBS 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 home page address is:

http://dsbs.sba.gov/dsbs/dsp_dsbs.cfm

14. INVESTIGATION OF DAMAGE OR INJURY

http://dsbs.sba.gov/dsbs/dsp_dsbs.cfm

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.

15. 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 Eielson AFB roads. Every effort should be made to move broken down equipment to the nearest parking lot before leaving it.

16. PROGRESS PAYMENTS

The contractor may submit invoices for payment in accordance with information/instructions stated elsewhere within this contract and commensurate with percentage of work completed as verifed by progress reports/schedule. Invoices will be accepted by the Government up to 90% of contract amount. The remaining 10% will be accepted when the project is completed in its entirety. Completion or 100% means the project has been accepted for beneficial occupancy/use, punch list items are completed, all as-builts, manuals, or other material/equipment are received and accepted in their final form by the Government

17. 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 prior to proposal submission.

18. NOTICE TO PROCEED

The contractor shall begin construction within 10 Calendar Days of Notice to Proceed (NTP) and complete all work, including clean up, within the following specified times: The performance period for the various work items will be determined as outlined in the SOW and as negotiated for each T.O.

19. 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.

20. 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.

http://www.wrcc.dri.edu/summary/climsmak.html

21. WINTER EXCLUSION PERIOD

No exterior work will be required, unless otherwise approved by the Contracting Officer, during the period from 1

Oct through 1 May inclusive. If the contractor chooses to work during this period, those days WILL be deducted from the performance period.

Section I - Contract Clauses

52.202-1 Definitions JAN 2012

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 OCT 2010

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

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

FEB 2012

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

DEC 2010

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

FEB 2012

52.210-1 Market Research APR 2011

52.215-2 Audit and Records--Negotiation OCT 2010

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.215-14 Integrity of Unit Prices OCT 2010

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns JAN 2011

52.222-1 Notice To The Government Of Labor Disputes FEB 1997

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 JUN 2010

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

52.222-36 Affirmative Action For Workers With Disabilities OCT 2010

52.222-37 Employment Reports on Veterans SEP 2010

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons FEB 2009

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorization and Consent 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 JAN 2012

52.228-14 Irrevocable Letter of Credit DEC 1999

52.228-15 Performance and Payment Bonds--Construction OCT 2010

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 2010

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 Specifications and Drawings for Construction FEB 1997

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

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering-Construction OCT 2010

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

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009

252.204-7000 Disclosure Of Information DEC 1991

252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007

252.223-7004 Drug Free Work Force SEP 1988

252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.223-7008 Prohibition of Hexavalent Chromium MAY 2011

252.225-7012 Preference For Certain Domestic Commodities JUN 2010

252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011

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

252.244-7000 Subcontracts for Commercial Items and Commercial

Components (DoD Contracts)

SEP 2011

252.247-7023 Alt II Transportation of Supplies by Sea(May 2002) Alternate II MAR 2000

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

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 date of award through 31 March 2015.

(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.

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 $2,500.00, 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 $2,000,000;

(2) Any order for a combination of items in excess of $3,500,000; or

(3) A series of orders from the same ordering office within five (5) 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.

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 after the date defined in the final task order.

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 30 days ;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days 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 32 months.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for…