FA5240-09-R-0018.pdf

SEE SCHEDULE

-RECOVERY - AJJW071144 - Construct By-Pass Line Santa Rosa Tank; AJJW071145 - Repair Waterline From Wells 5-9 To Santa Rosa Tank;

AJJW071146 - Repair Santa Rosa Water Tank; AJJY071147 - Repair Waterline From Santa Rosa Tank To Back Gate, Andersen AFB, Guam -The magnitude of this contract is betw een $5,000,000.00 and $10,000,000.00 -NOTE: The general statement of the magnitude of this project is set forth above and is furnished for convenience of the prospective Offeror.

The actual extent of the w ork w ill be governed by the contract specif ications and draw ings.

-Solicitation w ill result in a Firm-Fixed Price contract -Enter your price in Section B and submit your proposal. SEE SCHEDULE -This acquisition is a 100% set aside for HUBZone small business concerns -Performance Period: AJJW 07-1145, Repair Waterlines from Wells 5-9--300 calendar days; AJJW 07-1146, Repair Sta Rosa Water Tank--210 calendar days; AJJW 07-1144, Construct By-Pass Waterline--120 calendar days; AJJY 07-1147, Repair Waterline from Sta Rosa to Back Gate--300 calendar days -Pre-Proposal Site Visit: 13 July 2009 at 1:00 p.m. (Chamorro Time/GMT+10 hours), 36th Contracting Squadron, Bldg 17000, Andersen AFB, GU

-Proposals due no later than 3:30 PM (Chamorro Time), 28 July 2009

JAN A. MANGUBAT 366-6622

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

27-Jun-2009

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

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

11. The Contractor shall begin performance w ithin _______30 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________*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 __________3 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________28 Jul 2009 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______360 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

36 CONTRACTING SQUADRON (FA5240)

UNIT 14040

BUILDING 17000

APO AP 96543

FA5240

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:30 PM (hour) Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

FA5240-09-R-0018 48

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

FA5240-09-R-0018

Section A - Solicitation/Contract Form

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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

RECOVERY - AJJW071145 - REPAIR WATERLINE FROM WELLS 5-9 TO

SANTA ROSA TANK

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

0002 1 Lump Sum

RECOVERY - AJJW071146 - REPAIR SANTA ROSA WATER TANK

FFP

Clean and repair the Santa Rosa Water Tank. See attached scope of work FOB: Destination

MILSTRIP: F1C3469114A004

PURCHASE REQUEST NUMBER: F1C3469114A004

0003 1 Lump Sum

RECOVERY - AJJW071144 - CONSTRUCT BY-PASS LINE SANTA ROSA

TANK

FFP

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

0004 1 Lump Sum

RECOVERY - AJJY071147 - REPAIR WATERLINE FROM SANTA ROSA

TANK TO BACK GATE

FFP

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

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:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government

SCHEUDLING OF INSPECTIONS

To request final inspection, the Contractor shall notify the Contracting Officer, in writing, five (5) working days in advance. Notification shall include the desired time and date of inspection.

WARRANTY IMPLEMENTATION

The following requirements shall be in addition to the requirements set forth in Section I, FAR 52.246-21, “WARRANTY OF CONSTRUCTION (MAR 1994)”.

1) The Contractor shall designate a representative within the Territory of Guam to implement the warranties included in this contract. The Contractor may designate herself/himself provided she/he has a permanent office in the Territory of Guam. The Contractor may designate different representatives for separate specialties of work.

2) The name, address, telephone number of the representative, and nomenclature of warranty item shall be submitted to the Contracting Officer at least 10 days prior to the contract completion date or beneficial occupancy of the work or part thereof. For the purposes of the warranty clause, a reasonable time shall be considered to be as follows:

a) Seven (7) calendar days from receipt of a written notification of any failure, defect, or damage of such nature that the work remains functional or habitable or both, as applicable.

b) Twenty-four (24) hours (or as otherwise indicated in other sections of this specification) for failures, defects, or damages which render the work nonfunctional. Response in this instance starts from receipt of verbal notification from an authorized representative of the Contracting Officer. Written confirmation will follow the initial verbal request.

3) The warranty implementation shall require the Contractor to respond to a warranty notification within the time periods as described in paragraph (a) or (b) above. If the Contractor takes no remedial action, the Government shall take necessary corrective action to accomplish the repair and/or replacement and be reimbursed by the Contractor for all work and/or equipment including materials and labor to keep the warranty valid.

4) The Contractor shall place equipment warranty tags on all warranted equipment in the location designated by the Technical Representative of the Contracting Officer. The tags shall include the following information:

Equipment warranty until _______________________ Contract No. FA5240-09-C-______________________ Project No./Title: ______________________________ Contact for Warranty is 36 CES/CECC

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 300 days after issuance of Notice to Proceed

1 36 CES - F1CERU

LOUIS N. TORRES

UNIT 14007/BLDG 20021

ANDERSEN AIR FORCE BASE GU 96543

366-2530 FOB: Destination

F1CERU

0002 210 days after issuance of Notice to Proceed

1 (SAME AS PREVIOUS LOCATION)

0003 120 days after issuance

1 (SAME AS PREVIOUS LOCATION)

0004 300 days after issuance

1 (SAME AS PREVIOUS LOCATION)

PERFORMANCE PERIOD

Notice to Proceed: Reference FAR 52.211-10 “Commencement, Prosecution, and Completion of Work”, the Contractor shall commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed. The notice to proceed is contemplated to be issued within 30 days after award.

1. Contract Performance Period: The performance period under this contract shall be as follows. The breakdown of performance period set forth below is designated only as a guide for the contractor’s use:

a. AJJW 07-1145, Repair Water Line from Wells 5-9 to Santa Rosa Tank

i. Mobilization Period – 150 calendar days

ii. Construction Period – 150 calendar days

iii. Total – 300 calendar days

b. AJJW 07-1146, Repair Santa Rosa Water Tank

i. Mobilization Period – 120 calendar days

ii. Construction Period – 90 calendar days

iii. Total – 210 calendar days

c. AJJW 07-1144, Construct By-Pass Water Line, Santa Rosa Tank

i. Mobilization Period – 30 calendar days

ii. Construction Period – 90 calendar days

iii. Total – 120 calendar days

d. AJJW 07-1147, Repair Water Line from Santa Rosa Water Tank to the Back Gate

i. Mobilization Period – 150 calendar days

ii. Construction Period – 150calendar days

iii. Total – 300 calendar days

WORK HOURS

The work area will be made available to the Contractor during the hours of 7:30 a.m. to 4:30 p.m., Monday to Friday (except Federal holidays). If during the period of performance the Contractor desires to work on Saturdays, Sundays, holidays, or after the work hours specified herein, he/she shall submit their request in writing to the Contracting Officer at least three working days in advance of the desired work day. However, if approval is granted to allow the Contractor to work other than the normal work hours specified herein, he/she shall be required to bear all costs for Government inspection performed during the approved period. Under such circumstances, the Contractor shall reimburse the Government at the rate of $37.65 per hour for any hours worked by the Technical Representative of the Contracting Officer (TRCO) Inspector outside the normal hours specified herein unless requested or waived by the Contracting Officer.

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)

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.

Section G - Contract Administration Data

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

https://wawf.eb.mil/ https://myinvoice.csd.disa.mil/index.html

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 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.

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.

Section H - Special Contract Requirements

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.

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

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.

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.

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).

Section I - Contract Clauses

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

SEP 2007

52.203-15 Whstleblower Protections Under the American Recovery and Reinvestment Act of 2009

MAR 2009

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration APR 2008 52.204-11 American Recovery and Reinvestment Act--Reporting

Requirements

MAR 2009

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.211-13 Time Extensions SEP 2000 52.215-2 Alt I Audit and Records--Negotiation (Mar 2009) Alternate I MAR 2009 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Cost or Pricing Data--

Modifications

OCT 1997

52.215-13 Subcontractor Cost or Pricing Data--Modifications OCT 1997 52.215-21 Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data--Modifications

OCT 1997

52.219-3 Notice of Total HUBZone Set-Aide JAN 1999 52.219-8 Utilization of Small Business Concerns MAY 2004 52.219-14 Limitations On Subcontracting DEC 1996 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

JUL 2005

52.222-12 Contract Termination-Debarment FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

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

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-37 Employment Reports On Special Disabled Veterans, Veterans

Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-50 Combating Trafficking in Persons FEB 2009 52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003 52.223-6 Drug-Free Workplace MAY 2001

52.223-14 Toxic Chemical Release Reporting AUG 2003 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-1 Bid Guarantee SEP 1996 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets FEB 1992 52.228-14 Irrevocable Letter of Credit DEC 1999 52.229-3 Federal, State And Local Taxes APR 2003 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-13 Notice Of Progress Payments APR 1984 52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984 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 52.236-2 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 52.236-9 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…