solicitation.doc

Section B - Supplies or Services and Prices

Paint Exterior, Area 2, KAB

FFP

Perform all necessary work to complete the project, Paint Exterior Finish, Area 2, (41 units), Kadena Air Base, Okinawa, Japan in in accordance with the attached Statement of Work and Specifications and Drawings. See SOW for building inventory.

FOB: Destination

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

Project No:

LXEZ 11-2659-1

Project Title:

Paint Exterior, Area 2, KAB

Location:

Kadena Air Base, Okinawa, Japan

CE Project Manager: SSgt Billy Starks

1.0 General Scope:

The Contractor shall furnish all tools, equipment, materials, testing, labor and personnel necessary to plan, manage, supervise and construct the project to paint exterior surfaces 41 buildings in Area 2, at Kadena Air Base. The work includes surface preparation, weatherproofing, caulking, sealing and other related incidental work necessary to complete the project in accordance with the approved specifications. The Contractor shall accomplish the work in conformance with current codes and regulations, not specifically stated elsewhere in this project statement of work to provide a complete and useable facility upon completion. The scope of work is further defined in the Description of Work section.

2.0 Project Schedule and Time Constraints:

2.1 Completion of Work: The Contractor shall be required to complete the entire work, ready for use, not later than 493 calendar days after the date of Notice to Proceed (NTP). Proposed schedule shall include material submittal review procurement and construction. The Contractor shall submit a Project Schedule at the pre-construction conference and shall resubmit updates as necessary until project completion.

2.2 Construction Schedule: The Contractor shall determine the most efficient work plan to minimize inconvenience to the building occupants.

2.3 Start Work Notification: Before starting on-site work the Contractor shall notify the Contracting Officer and the Project Manager in writing, thirty (30) calendar days prior to on-site work starting. After approval of on-site work, the Contractor shall provide written notice to all building managers affected by the project within a minimum of Fourteen (14) calendar days before starting on-site work.

2.4 Construction Access: The Contractor shall be allowed to work from 0730 to 1730, Monday through Friday, excluding U.S. Federal holidays, and other days specifically designated by the Contracting Officer.

2.5 Performance Time: The Contractor shall begin performance within five (5) calendar days after receiving the Noticed to Proceed (NTP) for construction.

Schedule

Shall Be Completed Within

3.0 Construction Requirements:

3.1 The work shall be accomplished in accordance with Japan Environmental Governing Standards (JEGS), Japanese Industrial Standards (JIS) and all other applicable criteria

3.2 As-built drawings will be provided to the Contractor for reference in their present form. The Government bears no responsibility for the accuracy of these drawings. Actual field investigation and survey of the facility must be conducted by the Contractor to ascertain existing conditions before start.

3.3 Project construction inspections and acceptance will be completed by 18CONS/LGCC, 718 CES/CENMA and other agencies as necessary.

3.4 Submit all catalog cuts of materials and equipment to be used for approval, (ref. submittal log). Project documents to be submitted are as follows:

Submittal

· Submittal shall be Windows compatible CD-ROM with drawings in US version of AutoCAD and PDF, the complete specifications in Microsoft Word, and AF Form 66 in Microsoft Excel.

3.5 The materials submittal must be coordinated through 18 CONS/LGCC for review by 718CES/CENMA. Required Submittals shall be identified on an AF Form 66, Material Submittal Log by the government. Submittals shall be transmitted provided an AF Form 3000.

3.6 Construction Project Signs: The Contractor shall provide and maintain construction signs on all project sites. Signs shall be installed on sites by the contract start date and shall be removed by the contract completion date. Location of project signs will be coordinated with the Facility Manager, and Project Manager. Contractor may install company signs at temporary site office locations. Request for company sign will be submitted to Contractor Officer and the Project Manager in writing for approval.

3.7 Protection of properties: Building(s) painted under this project will be occupied during performance of work under this Contract. Occupancy notifications will be posted in a prominent location in the work area and as noted in Para 2.3. Before work is started, the Contractor shall arrange with the Contracting Officer a sequence of procedure, means of access, space for storage of materials and equipment, and use of approaches, corridors, and stairways. In addition to "FAR 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements":

a. Remove or alter existing work in such a manner as to prevent injury or damage to any portions of the existing work which remain.

b. Repair or replace portions of existing work which have been altered during construction operations to match existing or adjoining work, as approved by the Contracting Officer. At the completion of operations, existing work shall be in a condition equal to or better than that which existed before new work started.

3.8 Documents Required: All documents required under this Contract, including but not limited to all correspondence of any nature whatsoever, any written communications, documents, drawings, material submittals, reports, etc. shall all be written in English or translated in English before being provided to the Government by the Contractor. Delays encountered due to a translated copy were not submitted shall be at the Contractor’s expense.

3.9 Storage of Material, Latrines and Field Office: Storage of materials, latrines and field office or assembly area on base shall not be authorized for this contract. The contractor should be prepared all documents for and submit 30 days in advance to 718CES/CENMA for approval.

3.10 Availability of Latrine: Latrine is not available in the work area. The Contractor shall be responsible for providing latrines for his personnel.

3.11 Daily Reports: Contractor shall provide daily progress reports to the Government. There will be no photos or any media recording of this project. Photo or media recording of the project must be by approval and coordinated with 718 CES/CENMA.

3.12 The Contractor shall notify the government of any weather delays within 48 hours of inclement weather that caused any work delay. An extension to the construction completion date may be provided if the total amount inclement work days exceeds the estimated unfavorable weather days listed in para 2.5 (e).

3.13 The time for construction completion includes final clean-up of the premises.

3.14 Temporary Airfield Waiver: When an Airfield Construction waiver is required, details concerning equipment used with locations shall be provided with material submittals. The height of all equipment and vehicles will be provided to the Project Manager at this time.

3.15 Entry Authority List (EAL) and Personal Motor Vehicle (PMV) Pass Process – When the work is within a restricted area, the Contractor shall furnish a list of all employees including photo identification and personal motor vehicle details to the Contracting Officer prior to the start of construction. This list shall be updated as needed when a new contractor is added.

4.0 Special Requirements: None.

5.0 Description of Work: The work consists of the following elements in addition to the drawings and specifications.

5.1 The following facilities will be painted:

5.2 Complete surface preparation, to include but not be limited to: cleaning by power washing, repairing damaged surfaces, sealing, and caulking.

5.3 Apply primer as required to repaired areas.

5.4 Paint entire exterior of buildings to include any surface currently painted, as well as decorative/CMU wall enclosures, and trash enclosures.

5.5 Apply two coats of finish paint. Primary color, trim color and finish (texture) shall match existing.

5.6 Building number shall be repainted/stenciled per base standard.

6.0 Government Furnished Equipment of Materials: None

7.0 Attachments:

Kadena Base Map

Technical Provisions (Specifications)

Elevation Drawings

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

CONST-E-7140B

PRE-FINAL AND FINAL INSPECTION

In accordance with FAR 52.211-10 the contractor is required to complete this project, ready for use, within the number of calendar days specified in the Task Order. To ensure adequate time to correct any deficiencies noted by the government during the final inspection, it is highly recommended that the contractor schedules such final inspection through the contract administrator at least seven (7) calendar days prior to the scheduled project completion date. The contractor is solely responsible for scheduling this inspection and is reminded that failure to complete the project ready for use in accordance with the contract terms and conditions may result in the assessment of liquidated damages as described in FAR 52.211-12, Liquidated Damages - Construction. Occasionally, minor discrepancies may be detected during the final inspection that may be considered "punchlist" items. If only minor "punchlist" items are found, another inspection may not be required. However, all punchlist items must be corrected by the contractor, and verified by the project inspector, prior to expiration of the contract period unless otherwise authorized in writing by the contracting officer. The determination as to what constitutes a minor discrepancy rests solely with the contracting officer and nothing in this paragraph shall be construed as a waiver of the government's rights under any clause in this contract, including the right to assess liquidated damages as may be appropriate for failure to complete the project in accordance with the terms and conditions contained therein.

(End of Clause)

CLAUSES INCORPORATED BY FULL TEXT

CONST-E-7141

DESIGNATION OF GOVERNMENT INSPECTOR

The Base Civil Engineer or his authorized representative is designated as the representative of the contracting officer for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This designation in no way authorizes anyone other than the contracting officer to commit the Government to changes in the terms of the contract.

(End of Clause)

Section F - Deliveries or Performance

DELIVERY INFORMATION

SSGT BILLY STARKS

718 CES/CEH

APO AP

632-8569

FOB: Destination F2H2B9

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

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 493 days after commencement. The time stated for completion shall include final cleanup of the premises.

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

(End of clause)

CONST-F-7160

ISSUANCE OF NOTICE TO PROCEED

The United States Government will issue Notice to Proceed within 40 calendar days after contract award.

(End of clause)

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

CONST-G-7180

POST AWARD ADMINISTRATIVE INFORMATION

The contracting officer will provide to the contractor, a listing of the names of the Administrative Contracting Officer, Contract Administrator, and Construction Inspector (also referred to as the Contracting Officer’s Representative (COR) or Technical Representative of the Contracting Officer (TRCO), their organizational codes and telephone numbers at the time of award or at the pre-construction conference. This provision in no way authorizes any person other than the contracting officer to commit the United States Government to changes in the terms or conditions of this contract. Reference Section I, DFARS 252.201-7000 entitled Contracting Officer’s Representative (DEC 1991).

PAYING OFFICE:

Accounting and Finance

DFAS-BVNF/JA

Yokota Air Force Base

Fussa-shi

Tokyo, Japan 197-0001

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

GEN-G-0001

SUBMIT INVOICES ELECTRONICALLY

Wide Area Work Flow Clause

This contract contains DFARS Clause 252.232-7003, Electronic Submission of Payment Requests. This clause requires invoices for supplies and services purchased by the DoD be submitted via electronic means. The Wide Area Workflow (WAWF) system satisfies this mandatory requirement. WAWF can be accessed on the internet at https://wawf.eb.mil/.

Before using WAWF, ensure your company’s Electronic Business POCs listed in your System for Award Management (SAM) are the same individuals that will invoice through WAWF. If they aren't, changes can be made to your company’s SAM profile at https://www.sam.gov/portal/public/SAM/. Click on "Update” or “Renew” using “TPIN". SAM customer support can be reached at 1-866-606-8220.

If your company’s electronic businesses POCs are correct, contact the WAWF helpdesk at 1-866-618-5988 or by e-mail at cscassig@ogden.disa.mil and ask to establish a group for your company’s CAGE code. The group administrator will also have to call the WAWF helpdesk to request account activation. Once the group is established and the account is activated, your company will be able to create a combination invoice/receiving report using the codes below and instructions available from our contract administrator/buyer.

Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Air Force Pacific at 011-81-3117-55-3068. Please have the order number and invoice number ready when calling about payment status. The accounts payable mailing address can be located in Block 18a of the order. Payment information can be easily accessed using the DFAS web site at http://www.dfas.mil. The purchase order/contract number or invoice will be required to inquire status of payment. Go to DFAS on the web at: www/dfas.mil/money/vendor.

The contractor shall create one of the following:

“2-n-1 format” for services only

“Receiving report combo” for supplies or combination of supplies & services

“Invoice ” for medical supplies

[X] “Construction Invoice” for construction

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR INVOICES THROUGH WAWF

ISSUE BY DODAAC:

[FA5270]

ADMIN DODAAC:

[FA5270]

INSPECT BY DODAAC:

[F2H2B9]

SERVICE ACCEPTOR:

[FA5270]

“SHIP TO” DODAAC:

[F2H2B9]

PAY OFFICE DODAAC:

[F68800]

Please send additional emails to all listed:

EMAIL POINT OF CONTACT LISTING:

18 CONS.WAWF@US.AF.MIL

SERVICE ACCEPTOR/INSPECTOR:

GARY.WYNDER@us.af.mil

CONTRACT ADMINISTRATOR:

AMY.JENKINS.3@us.af.mil

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

CONST-H-7200

U.S. DOLLAR VERSUS YEN EQUIVALENT

For the duration of this solicitation the contractor shall use the following exchange rate in determining the Yen equivalent to referenced US dollar amounts in this solicitation provisions/contract clauses $1.00 = JPY103.9439 evaluation of the award. All referenced US dollar amounts in this solicitation provisions/contract clauses are modified to include "or Yen equivalent". Yen rate will be established per delivery order or task order.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

CONST-H-7201

REQUIRED INSURANCE (In addition to that required by Japanese Law)

a. The contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance on each vehicle used by the contractor at the work site.

Type: Automobile Property Damage and Bodily Injuries

Amount: JPY3,000,000 or Dollar equivalent for automobile property damage

JPY30,000,000 or Dollar equivalent for bodily injuries

b. Prior to the commencement of work hereunder, the contractor shall furnish to the contracting officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the US Government in such insurance shall not be effective for such period as may be prescribed by the laws of the country of Japan in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the contracting officer.

c. The contractor agrees to insert the substance of this clause, including this paragraph (c) in all subcontracts hereunder.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

CONST-H-7202

CONCILIATION

Except as otherwise provided in this contract, any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States - Japan Joint Committee for Conciliation in accordance with Paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI of this Treaty of Mutual Cooperation and Security between Japan and the United States of America. Requests by the contractor for conciliation shall be made in accordance with the following procedures:

a. In the event the contractor desires conciliation after the decision of the contracting officer has been served upon him, he will first file his appeal from such findings of facts with the appropriate authority in accordance with the clause of this contract entitled “DISPUTES”, and within the time limits described therein before filing request for conciliation with the Joint Committee and then request the appellate authority under the clause of this contract entitled “DISPUTES”, to suspend its action on his appeal until such time as the Joint Committee has had an opportunity for effecting conciliation.

b. The request for conciliation will be submitted by the contractor through the nearest Defense Facilities Administration Bureau, to the Contract Conciliation Panel of the Joint Committee. Upon the filing of the request with the Joint Committee, the contractor will immediately notify the contracting officer in writing that the request for conciliation has been filed.

c. In the event the disagreement submitted to the Joint Committee under subparagraph (b) above has been resolved through conciliation, it will be the responsibility of the contractor to notify the appellate authority designated in the clause of this contract entitled “DISPUTES”, of the settlement of the dispute and to withdraw his appeal.

d. In the event the contractor who has submitted a request for conciliation to the Joint Committee under subparagraph (b) above desires; notwithstanding tendency of his request for conciliation, that action by the appropriate authority under the clause of this contract entitled “DISPUTES” be resumed on his appeal, it is his responsibility to so request the said authority in writing. The Joint Committee shall be immediately informed by the contractor of his action taken hereunder.

e. No request for conciliation can be submitted to the Joint Committee in the case of a dispute upon which the final decision of the appropriate authority under the clause of this contract entitled “DISPUTES” has been rendered. Pending the hearing of Conciliation Panel the contractor shall proceed diligently with the performance of the contract in accordance with the contracting officer’s decision. The provisions of this clause shall not prejudice any right which the parties to the contract may have to file in a civil suit.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

CONST-H-7204

PERFORMANCE BOND

A performance bond in the penal amount of one hundred percent (100%) for each delivery order of $150,000 or greater (or Yen equivalent) price shall be submitted within 15 calendar days after the delivery order is issued or prior to the receipt of the notice to proceed whichever comes first.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

CONST-H-7207 BASE DEFENSE ACT/WORKMAN'S COMPENSATION/WORK ON AN

OVERSEAS INSTALLATION ( JUN 2004 )

This contract includes FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act) (Apr 1984), and FAR 52.228-4, Worker’s Compensation and War-Hazard Insurance Overseas (Apr 1984). FAR 52.228-3 applies only if the contractor has United States’ citizen or national employees, regardless of whether they have SOFA status or a status of residence in Japan. FAR 52.228-4 applies if the contractor has non-United States’ citizen or national employees. One or both clauses may apply to the contractor.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

CONST-H-7250

EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES PURSUANT TO STATUS OF FORCES AGREEMENT

(a) Paragraph 2, Article XI of the Status of Forces Agreement between Japan and the United States, authorizes the United States entry into Japan free from Japanese customs duties and all other charges on materials, supplies, and equipment imported for the official use of the United States Armed Forces or for the exclusive use of such forces or ultimately to be incorporated into articles or facilities used by such forces.

(b) Paragraph 3, Article XII of said Status of Forces Agreement, authorizes the United States exemption from certain Japanese taxes for materials, supplies, equipment and services procured for official purpose in Japan by the United States Armed Forces or by authorized agencies of the United States Armed Forces. Currently, these taxes are: (1) Gasoline tax and local road tax on gasoline; (2) Diesel oil tax; (3) Liquefied petroleum tax, and (4) Consumption tax.

(c) If you are the successful offeror, the contracting officer or his authorized representative will issue customs or tax exemption certificate in accordance with procedures agreed upon between the Government of Japan and the United States of America. Tax exemption certificates for either a the end of each month or upon termination of the contract. These can be applied against future purchases of motor fuel. They will be issued only to you as the prime contractor, so, if you employ a subcontractor or supplier who uses motor fuel, you must purchase the motor fuel to secure the exemption.

(d) List below the customs duties or taxes which have been excluded from your proposal as required by the taxes clause. Contractor must claim all customs and tax exemptions to which the US Government is entitled.

Type of Commodity & Amount of Duty or

Percentage of Tax Tax Excluded in Yen

(1) Customs Duties

(2) Taxes

(a) Gasoline tax and local road tax on gasoline

(b) Diesel oil tax

(c) Liquefied petroleum tax

(d) Consumption tax

(End of provision)

GEN-H-7951

TAX EXEMPTION CERTIFICATE (AUG 2001)

The Contractor will submit requests for gasoline or diesel oil tax exemption certificates to the Contracting Officer. This request will show the actual amount of gasoline or diesel oil used exclusively for the performance of this contract, with documentary evidence and detailed item breakdown to certify the accurate consumption of gasoline or diesel oil, or other necessary information and data as may be required. The Contracting Officer will issue to the Contractor a Tax Exemption Certificate for the actual amount of gasoline or diesel oil used exclusively for the performance of this contract. The Contractor shall claim all tax and customs exemptions as listed in clause CONST-H-7250, entitled, “EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES PURSUANT TO STATUS OF FORCES AGREEMENT”.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

GEN-H-7952

JAPANESE ROAD LAWS (AUG 2001)

The Contractor shall comply with Japanese Road Laws while on U.S. military installations to specifically include:

Article 43, The Road Law (Japan) (prohibitive acts relative to roads). No person shall commit the following described acts:

Damaging the road, causing roads to be littered with debris, polluting the roads with debris or fall out from motor vehicles or otherwise defacing roads unreasonably or without due cause.

Article 43-2 (Measures to be taken to prevent cargo or things loaded on motor vehicles from falling out)

The agency managing a road may, when there is reasonable cause for him to feel that items or cargo being carried in or on a motor vehicle may fall out and damage, pollute, or otherwise deface the road in such manner as to hinder or obstruct the traffic, order the operator of the vehicle in question to take steps or measures necessary to prevent occurrence of such hindrance by stopping operation of the vehicle, correcting the method of loading or traveling, or operation of the vehicle.

(End of clause)

GEN-H-7953

REGISTRATION OF MOTOR VEHICLES (AUG 2001)

All company-owned and privately-owned motor vehicles required to be on U.S. Government facilities during the performance of this contract must be registered with Vehicle Registration, Camp Foster. Necessary decals and/or permits will be issued and displayed on the vehicles in the manner as directed by the Vehicle Registration Officer. Vehicle decals shall be removed from vehicles and turned in to Vehicles Registration, Camp Foster, at the end of the contract period or sooner when vehicles are no longer used in the performance of the contract or as directed by the Contracting Officer.

(End of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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

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

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

Material

Identification No.

(If none, insert "None")

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

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

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

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

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000 whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

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

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

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hil.af.mil/

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

None (End of clause)

CLAUSES INCORPORATED BY FULL TEXT

252.223-7001 HAZARD WARNING LABELS (DEC 1991)

(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labeling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through

(5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert "None.")

ACT

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.

(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (MAR 2006)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from [Contracting Officer to insert applicable information cited in PGI 225.7403-1].

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

252.225-7044 BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL--BASIC (NOV 2014)

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

Commercially available off-the-shelf (COTS) item--

(i) Means any item of supply (including construction material) that is--

(A) A commercial item (as defined in paragraph (1) of the definition of ``commercial item'' in section 2.101 of the Federal Acquisition Regulation);

(B) Sold in substantial quantities in the commercial marketplace; and

(C) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(ii) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means any article, material, or supply incorporated directly into construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a 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.

“Cost of components” means--

(i) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

ii) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means--

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

(ii) A construction material manufactured in the United States, if--

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(B) The construction material is a COTS item.

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

(b) Domestic preference. This clause implements the Balance of Payments Program by providing a preference for domestic construction material. The Contractor shall use only domestic construction material in performing this contract, except for—

(1) Construction material valued at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation;

(2) Information technology that is a commercial item; or

(3) The construction material or components listed by the Government as follows:

(Contracting Officer to list applicable excepted materials or indicate “none”) (End of clause)

252.229-7001 TAX RELIEF (SEPT 2014)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

Consumption Tax – 8.00%

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and…