FA5240-09-R-0018 Amendment 2.doc

Section A - Solicitation/Contract Form

CLAUSES AND PROVISIONS

CLAUSES AND PROVISIONS

a. Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplement thereto are incorporated in this document by reference and 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. Section K, L, and M will be physically removed from any resultant award, but will be deemed to be incorporated by reference, in that award.

Note that all contract line item are subject to the Guam Gross Receipts Tax (GRT) and that pricing must include all applicable GRT. Contact the Guam Department of Revenue and Taxation for applicable current information at (671) 475-1815.

Section B - Supplies or Services and Prices

AJJW071145 - REPAIR WATERLINE

FFP

Repair Water Line From Wells 5-9 To Santa Rosa Tank. Repair by replacement water line from Booster 3 at Andersen South to the Santa Rosa water tank including repair by replacement the water line from Water Wells 5-9 to Booster 3. See attached scope of work

FOB: Destination

MILSTRIP: F1C3469114A006

PURCHASE REQUEST NUMBER: F1C3469114A006

SIGNAL CODE: A

NET AMT

AJJW071146 - RPR SANTA ROSA WATER TANK

Repair Samta Rosa Water Tank. Clean and repair the Santa Rosa Water Tank. See attached scope of work

FOB: Destination

MILSTRIP: F1C3469114A004

PURCHASE REQUEST NUMBER: F1C3469114A004

NET AMT

AJJW071144 - CONSTRUCT BY-PASS LINE

Construct By-Pass Water Line, Santa Rosa Tank. Install water line intended to by-pass Santa Rosa Tank in order to take the tank off-line for cleaning and repair in accordance with design and specifications provided by the government. See attached scope of work

FOB: Destination

MILSTRIP: F1C3469114A005

PURCHASE REQUEST NUMBER: F1C3469114A005

NET AMT

AJJY071147 - RPR WATERLINE FR SANTA ROSA

repair by replacement water line from Santa Rosa Water Tank to Andersen AFB Back Gate. See attached scope of work.

FOB: Destination

MILSTRIP: F1C3469114A008

PURCHASE REQUEST NUMBER: F1C3469114A008

NET AMT

Section C - Descriptions and Specifications

DESCRIPTION

The contractor shall furnish all supervision, labor, equipment, materials necessary to perform all operations required to complete the work and have the facility, system, or equipment operational in accordance with the USAF and industry standards, specifications, and the applicable drawings, and subject to the terms and conditions of the contract.

Refer to Statement of Work, Specifications and Drawings, Attachments J-1 to J-3 of Section J

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

LOUIS N. TORRES

UNIT 14007/BLDG 20021

ANDERSEN AIR FORCE BASE GU 96543

366-2530

FOB: Destination

F1CERU

F1CERU

F1CERU

F1CERU

CLAUSES INCORPORATED BY FULL TEXT

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

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

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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 $184.00 for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

Section G - Contract Administration Data

CONTRACT ADMIN PERSONNEL

CONTRACT ADMINISTRATION PERSONNEL

The Contracting Officer will provide to the Contractor, a listing of the names of the Administrative Contracting Officer, Contract Administrator, Technical Representative of the Contracting Officer (TRCO/Government Inspector), and their telephone numbers at the time of award or at the pre-performance conference.

PRE-CONSTRUCTION CONFERENCE

Before the issuance of the Notice to Proceed, a conference shall be conducted by the Contracting Officer. This is to acquaint the contractor with government policies and procedures that are to be observed during the prosecution of the work and to develop mutual understanding relative to the administration of the contract.

CONTRACT PROGRESS MEETING

1. The Contract Administrator, and other government personnel, as appropriate, will meet periodically with the contractor to review the contract performance. At these meetings, the contract administrator will apprise the contractor of how the government views the contractor’s performance and the contractor will apprise the government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

2. These meetings may be held more frequently during the first quarter of the contract period as required.

3. Minutes of these meetings will be reduced to writing and signed by the Contracting Officer and the contractor. Should the contractor not concur with the minutes, the contractor shall set out in writing any area of non-concurrence. Appropriate action will be taken to resolve any area of non-concurrence.

WIDE AREA WORKFLOW – RECEIPT AND ACCEPTANCE (WAWF-RA) ELECTRONIC RECEIVING REPORT AND INVOICING INSTRUCTIONS

IN ACCORDANCE WITH DFARS 232.7002, USE OF ELECTRONIC PAYMENT REQUESTS IS MANDATORY. USE OF WAWF WILL SPEED UP YOUR PAYMENT PROCESSING TIME AND ALLOW YOU TO MONITOR YOUR PAYMENT STATUS ONLINE. THERE ARE NO CHARGES OR FEES TO USE WAWF.

Requests for payments must be submitted electronically via the Internet through the Wide Area Workflow – Receipt and Acceptance (WAWF-RA) system at https://wawf.eb.mil.

Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Limestone at (800) 756-4571. Please have your order number and invoice number ready when contacting DFAS about payment status. You can also access payment information using the DFAS My Invoice website at https://myinvoice.csd.disa.mil/index.html.

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR RECEIVING REPORTS, INVOICES, AND ADDITIONAL EMAILS CORRECTLY THROUGH WAWF.

CONTRACT NUMBER:

FA5240-09-C-XXXX

TYPE OF DOCUMENT:

Construction Invoice

CAGE CODE:

Insert you Cage Code here

ISSUE BY DODAAC:

FA5240

ADMIN DODAAC:

FA5240

SERVICE ACCEPTOR/SHIP TO:

Leave blank

LOCAL PROCESSING OFFICE:

Leave blank

PAY OFFICE DODAAC:

F68800

SEND MORE EMAIL NOTIFICATIONS:

CONTRACT ADMINISTRATOR: To be determined during Pre-Performance Conference

CONTRACTING OFFICER:

To de determined during Pre-Performance Conference

ADDITIONAL NOTIFICATION: TBD

TERRITORY OF GUAM NOTICE

TERRITORY OF GUAM NOTICE CONCERNING TAXES, LICENCES, WITHHOLDINGS

(Note: This clause summarizes certain requirements of Guam Territorial Law. Any questions concerning applicability or interpretation should be directed to Government of Guam, Department of Revenue and Taxation).

All persons engaging in business in Guam must be licensed to do so by the Government of Guam prior to commencement of business in Guam. Engaging in business include, but not limited to, services provided by contractors. Applications for business licenses shall be made to the Department of Revenue and Taxation, License and Registration Branch.

All corporations, domestic (created under the laws of Guam) or foreign (not created under the laws of Guam) must register with the Department of Revenue and Taxation, License and Registration Branch.

Any person engaging in business in Guam must file monthly Business Privilege Tax returns with the Department of Revenue and Taxation.

All corporations with Guam source of funds must file income tax returns to the Department of Revenue and Taxation on the prescribed forms.

All employers must deposit wage withholdings from their employees to the Treasure of Guam. Guam Depository Receipts, as well as Quarterly Withholding Statements are required to be filed with the U.S. Internal Revenue Service.

Failure to comply with the above may result in criminal or civil penalties as provided by law.

CLAUSES INCORPORATED BY FULL TEXT

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)

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

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when--

(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; or

(4) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System).

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

(End of clause)

Section H - Special Contract Requirements

HAZARDOUS MATERIAL ID

HAZARDOUS MATERIAL IDENTIFICATION

At the Pre-Performance Conference, the Contractor is required to provide the Government with a listing of all hazardous materials to be utilized during performance of this contract.

REQUIRED INSURANCE

Reference FAR SUBPART 28.306-4(b) entitled “Insurance Under Fixed-Price Contracts”, the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract:

1. Workmen’s Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen’s Compensation Insurance shall extend to cover employer’s liability for accidental bodily injury or deaths and for occupational disease with a minimum liability of $100,000.00.

2. General Liability Insurance. Bodily Injury Liability Insurance, in the minimum limits of $500,000.00 per occurrence shall be required on the comprehensive form of policy.

3. Automotive Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000.00 per person and $500,000.00 per occurrence for bodily injury and $20,000.00 per occurrence for property damage shall be required. (IAW FAR 28.306(b)), PREPARATION OF MATERIAL APPROVAL SUBMITTALS

The submittals contemplated by the clause at Section I, FAR 52.236-5 “Material and Workmanship (APR 1984)”, shall be accomplished on and in accordance with instructions pertaining to AF Form 3000, Material Approval Submittals that shall be addressed at the Pre-Performance Construction Conference.

SECURITY OF STORAGE AREA

At present, there is no storage are to be offered to the Contractor. However, should one later become available and the Contractor elects to utilize the storage area made available to them by the Government, they will be responsible for constructing a fence around the area subject to the approval of the Contracting Officer and at the Contractor’s expense. A sign will also be installed on the fence identifying the Contractor. The installation of this fence and sign does not relieve the Contractor from their responsibilities under the contract clause at Section I, FAR 52.236-10, “Operations and Storage Areas (Apr 1984)”. Only materials to be used under the contract are authorized for storage.

AVAILABILITY AND USE OF UTILITY SERVICES

The Contractor shall review the contract clause in Section I, FAR 52.236-14 “Availability and Use of Utility Services (Apr 1984)”. Reasonable required amounts of utilities (water and electricity) will be furnished, without charge, to the Contractor. Temporary connections and dismantling of utility lines are the sole responisibility of the Contractor at no additional cost to the Government.

TROPICAL CYCLONE CONDITIONS OF READINESS (TCCOR)

In order to protect U.S. Government property, the following actions will be taken upon declaration of Tropical Cyclone conditions and/or high wind warnings.

(a) Tropical Cyclone Condition 3: When Condition 3 is declared, the contractor will perform general area clean up. All loose debris, waste and excess contractor owned supplies, materials and equipment will be removed from U.S. Government facilities and disposed of off base in accordance with local State and Federal laws at contractor's expense. Work may continue provided effective and adequate clean up has been accomplished.

(b) Tropical Cyclone Condition 2: When Condition 2 is declared, all exterior work will cease immediately and interior work will be continued until Condition 1 is given. The contractor will take the necessary action listed below to secure the job site against damages which may result from anticipated weather conditions. The contractor may be called at any time to complete tropical cyclonization; therefore, the contractor will provide emergency telephone numbers and/or addresses where at least three (3) officials of the company may be reached and notified that immediate cyclonization is necessary.

General Area Clean Up: Clean up and disposal of loose debris and waste will continue as directed by Paragraph (a) above.

Usable Lumber: Usable lumber will be taken inside of a building and tied by heavy wire, cable or rope. This lumber may be securely tied together and anchored to the ground if there is no room inside a building or no building available.

Barrels: All remaining barrels will be placed within the construction building when available. When a building is not available, barrels will be tied together and securely staked to the ground or filled with sand or gravel.

Contractor Field Office: All contractor field offices will be either (i) removed from the military installation or (ii) securely anchored by heavy cable as approved by the Base Civil Engineering representative.

Concrete Forms, Form Supports, and Accessory Materials: All concrete forms, form supports and accessory materials required for future construction will be tied together into bundles with heavy wire, cable or rope and will be placed within the construction building or structures where available and practical.

Sand Aggregates: All piles of sand or aggregate on or near the flight line will be completely covered by either a tarpaulin weighted with building blocks or other methods approved by the Base Civil Engineering representative.

Contractor Equipment: All medium sized equipment will be removed, or placed close to a building will be secured with blocks or anchored with cable or both. Items or small equipment will be moved inside a building and secured or moved off U.S. Government facilities.

(c) Tropical Cyclone Condition 1: When Condition 1 is declared without normal progression through Condition 3 and/or 2, the contractor will take actions listed in paragraphs (1) through (7) above. These actions will commence immediately upon declaration of Condition 1. The contractor will be notified either at the job site or at the emergency phone numbers an/or addresses when tropical cyclonization is required in accordance with this paragraph.

(d) High Wind Warning: When gusts of 30 knots per hour or greater are forecasted, the contractor may be required to accomplish general area clean up in accordance with Paragraph (1) above, to bundle and securely tie or securely cover and weigh small wooden items, to remove and secure wooden barricades and to remove loose materials from roofs and other high unprotected areas.

(e) Salvageable Material: Salvageable material may not be taken to Defense Property Disposal after a tropical cyclone condition is declared. The contractor will be responsible for tropical cyclonization of such material.

(f) The contractor's representative will not leave the job site after notified under Paragraphs (b), (c), and (d) above until the area has been inspected and cleared by the Technical Representative of the Contracting Officer (TRCO) Inspector. The contractor may request an inspection by calling the TRCO.

(g) With regard to typhoon (hurricane) notification preparations, the contractor shall use the standard notification procedures as published by the NOAA National Weather Service, Radio/TV network for notification in the possible absence of other instruction.

COMPLIANCE WITH STATE AND FEDERAL LAWS AND REQUIREMENTS

This contract, the contractor and the contractor’s employees are subject to, and shall abide by and comply with, all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the President) and any state (or other public authority now or hereafter in force). The contractor agrees to observe and comply with all applicable State and Federal requirements regarding Social Security, Worker’s Compensation, Unemployment Insurance and any other matter concerning employment applicable to the performance of this contract or rules, regulations, directions and orders not inconsistent herewith as may from time to time be issued by the Government. The unilateral act of any governmental body against any employee of the contractor for the violation of a State or Federal law or regulation (to specifically include persons barred by the Andersen Base Commander) shall not excuse the contractor from full compliance with the terms and conditions of this contract.

RIGHT OF THE GOVERNMENT TO PERFORM FUNCTIONS WITH ITS OWN PERSONNEL

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

SUPERVISION AND CONTROL

The Government shall not exercise any supervision or control over the contractor’s employees performing services under this contract. Such employees shall be accountable not to the Government but solely to the contractor, who in turn is responsible to the Government.

REMOVAL OF EMPLOYEES

The contractor agrees to utilize only experienced, responsible and capable people in the performance of the work. The contracting officer may require that the contractor remove from the Government job any servant, agent or employee of the contractor whose continued employment, in the opinion of the administrative contracting officer (ACO), is inconsistent with the interests of the Government. Failure to do so may be cause for action under the Default Clause in Section I.

ACCIDENT REPORT PROCEDURES

In the event of an accident on Government property, or involving Government personnel or property, the contractor shall submit a report within 72 hours to the contracting officer in letter form that shall include the following: (1) the time and date of occurrence, (2) the place of occurrence, (3) a list of personnel directly involved, (4) a narrative or description of the accident to include chronological order of the accident and circumstances.

CONTRACTOR QUALITY CONTROL SYSTEM

(a) The contractor shall provide a Quality Control System to ensure performance in accordance with the contract requirements and to perform all inspection and/or testing required under this contract unless specifically designated to be performed by the Government.

(b) The Quality Control System shall be submitted to the Contracting Officer for approval not later than 15 calendar days after issuance of the Notice to Proceed. The plan should consist of but not be limited to: plans, procedures, and organization necessary to provide materials, equipment, workmanship, fabrication, construction and operations with comply with contract requirements. Should proposed changes to the accepted plan be required during construction, it shall be submitted for approval by Contracting Officer.

(c) Prior to the start of construction, the assigned quality control personnel shall meet the contract administrator, project engineer, and inspector. Subsequent conferences shall be held prior to the beginning of each major phase of construction.

CLAUSES INCORPORATED BY REFERENCE

5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODSs) (APR 2003)

(a) Unless the requiring activity has obtained prior Senior Acquisition Official (SAO) approval, contractors may not:

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

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

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

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

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

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

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

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

(c) The requiring activity has obtained SAO approval to permit the contractor to use the following Class I ODS(s):

Class I ODS/ Application or Use/Quantity (lbs.) per contract period of performance

NONE

(d) The offeror/contractor is required to notify the contracting officer if any Class I ODS that is not specifically listed above is required in the test, operation, or maintenance of any system, subsystem, item, component, or process.

(End of clause)

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

(a) The contractor shall obtain base identification and vehicle passes for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and contract number to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-209, the Air Force Resource Protection Program, and AFI 31-501, Personnel Security Program Management, as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

(End of clause)

ANDERSEN-002 ANDERSEN AFB LOCAL CLAUSE

Background Checks for Contractor Personnel Requiring Entry/Access To

Andersen Air Force Base, Guam (28 Jun 2004)

(A) Contractor and subcontractor personnel requiring entry/access to Andersen Air Force Base, Guam, shall be governed by the requirements of this clause. The below requirements and procedures are prerequisites to the issuance of any Government identification (i.e., pass/badge) or the registration of a privately owned or commercial vehicle and the issuance of a pass/decal.

(B) Immediately upon contract award, but before starting performance, the contractor shall submit the following documentation for personnel who will be performing work as a result of an awarded contracting instrument (Contract, Delivery Order, Purchase Order, Etc.) to the Contracting Officer/Designee:

(1) “Listing Of Personnel Requiring Access/Entry” (See Note 1).

(2) Completed Consent Forms/Access Affidavit (See Note 2).

(3) Favorable Criminal Background Histories (See Note 3).

These documentations shall be submitted at least seven (7) calendar days prior to performance on the installation/location.

(C) Subsequent to the contractor accomplishing (paragraph B), contractor personnel may report to the badge issuing activity (Visitors Control Center) and follow local installation/facility procedures to obtain identification passes/badges and vehicle passes/decals.

(D) For contractor personnel to obtain entry to the installation/facility in order to request the issuance of Government identification (i.e., pass/badge) or to register a privately owned/commercial vehicle and obtain a vehicle pass/decal, the contractor personnel shall report to the installation/location entry control point (Visitors Control Center) and badge issuing activity with a photo identification issued by a federal/state activity.

(E) To register a privately owned/commercial vehicle and obtain a vehicle pass/decal, contractor personnel shall provide a valid driver’s license, current vehicle registration, and valid vehicle insurance certificate.

(F) Contractor personnel shall follow local procedures for wearing and displaying Government-issued identification passes/badges, vehicle passes/decals, and contractor-issued identification. In general, all identification passes/badges and vehicle passes/decals shall at all times be prominently worn/displayed in a visible manner to Government personnel.

(G) During the performance period of the contract, the contractor shall:

(1) Provide written notification of any additions to the “Listing Of Personnel Requiring Entry/Access” and submit consent forms and criminal background histories for all new contractor personnel requiring entry/access to the contracting officer/designee.

(2) Within seven (7) calendar days, provide written notification of deletions or changes to the contractor’s “Listing of Personnel Requiring Entry/Access” to the contracting officer/designee. The contractor shall return all Government-issued identification passes/badges and vehicle passes/decals to the badge-issuing agency not later than one (1) work day after retrieval from the employee and obtain a proof of return. The proof of badge return shall be provided to the contracting office for inclusion in the contract file.

(3) Maintain a copy of all background checks for a 12-month period and ensure subsequently needed background checks are accomplished prior to the expiration of a 12-month period. (See note 3)

(h) Given a reasonable cause, condition, or reason, this clause does not circumvent an installation/location commander’s unilateral authority to deny or withdraw any individual’s entry/access to an installation/location.

(i) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with air force instructions 31-101, The Air Force Installation Security Program, and 31-501, Personnel Security Program Management, as applicable.

(j) Contractor personnel/service providers are not covered by FAR 52.222-3, Convict Labor, for the purposes of entry/access to entry/access to installations/locations. Contractor personnel are covered by FAR 52.222-3 for the purposes of performance outside of installations/locations.

(k) The contractor shall insert this clause in any subcontract where the subcontractor will require entry/access to the installation(s)/location(s) cited in the contract.

Note 1: “Listing of Personnel Requiring Access/Entry.” The contractor shall provide a “Listing of Personnel Requiring Entry/Access” to the contracting officer or the contracting officer’s designee(s). Contact information for the contracting officer’s designee follows: 36 CONS/LGCA, 671-366-6622.

This listing shall be submitted on company letterhead and, as a minimum, contain the following data elements:

- Contract number.

- Work site(s) or location(s).

- Performance start and stop date(s).

- work hours (typically 7:30am – 4:30pm, Monday-Friday)

-as a minimum, the following information for contractor personnel requiring entry/access: full name, social security number (or other identification number), and installation(s)/location(s) to be accessed.

No contractor personnel will be granted or authorized entry/access until identified on the “Listing of Personnel Requiring Entry/Access.”

Note 2: Consent Form. The consent form (see attachment 1) authorizes the air force to fingerprint contractor personnel and to conduct additional background checks. In general, the consent form will outline the following:

(1) The contractor has briefed the contractor personnel for the purpose of the consent form.

(2) The information on the form is collected in accordance with 50 U.S.C.797 and DoDD 5200.8 that permits installation commanders to limit access to installations for security reasons.

(3) Completion of the form is voluntary; however non-completion may preclude issuance of a base pass.

(4) Agreement to provide a specimen of fingerprints, if/when requested.

(5) Awareness of a list of “disqualifying factors” and/or access to the list.

(6) Consent and authorization for the air force to conduct additional background screening and to compare fingerprints against state and federal criminal databases.

(7) Knowing and willful false statements on the form can be punished by a fine or imprisonment, or both (10 U.S.C. 1001).

(8) The consent form remains valid for not less than a 24-month period in summary, the consent forms authorize the government to conduct additional background checks that may result in the identification of negative screening criteria (i.e., disqualifying factor(s)). If negative screening criteria are identified, the affected contractor personnel will be denied entry/access and the contracting officer/designee will notify the contractor. Furthermore, the contractor must immediately return all issued identification passes/badges and vehicle passes/decals to the badge-issuing office and obtain a proof of return.

Note 3: Background checks. Each background check shall be considered “current” for a 12-month period and valid for all contracts performed within the 12-month period of currency. Contractors must conduct background checks every 12 months to ensure no lapse in background check coverage. This requirement does not apply to contractor personnel who have a favorable government personnel security background investigation that is valid for a period longer than 1 year. Contractor personnel who have a current, favorable government personnel security background investigation that is electronically accessible and immediately verifiable by the government within the joint personnel adjudication system (JPAS) are not required to obtain an additional background check for the purposes of complying with this clause (i.e., existing current, favorable security background investigations may be used in lieu of the requirements of this clause).

(End of clause) Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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 exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

52.225-23 REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED GOODS—BUY AMERICAN ACT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAR 2009)

(a) Definitions. As used in this clause—

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Domestic construction material means—

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

(2) A construction material manufactured in the United States.

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

Free trade agreement (FTA) country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of an FTA country; or

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

Least developed country construction material means a construction material that—

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

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

Manufactured construction material means any construction material that is not unmanufactured construction material.

Recovery Act designated country means any of the following countries:

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

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

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

Recovery Act designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, or a least developed country construction material.

Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

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

Unmanufactured construction material means raw material brought to the construction site for incorporation into the building or work that has not been—

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

WTO GPA country construction material means a construction material that—

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

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