RFP_FA5613-19-R-0003_(MACC).pdf

PROGRAM: Multiple Aw ard Construction Contract (MACC) is a competitive Indefinite-Delivery Indefinite-Quantity (IDIQ), for the Kaiserslautern Military Community (KMC) and Spangdahlem Air Base (SAB) areas in Germany. Specif ic projects w ill be defined w ith each individual Task Order.

MAGNITUDE: Estimated total MACC program value is betw een $250,000,000 and $500,000,000.

PERIOD OF PERFORMANCE: A Single 5-year Ordering Period.

MININUM/MAXIMUM: The minimum guaranteed amount for the life of each aw arded contract is $1,000 (EURO equivalent) that is payable follow ing attendance at a mandatory post-aw ard conference. The total aggregate maximum contract value for all aw arded contracts combined is estimated at $425,000,000 for the 5-year ordering period.

INSTRUCTION TO OFFERORS: This acquisition is being solicited on an unrestricted basis. Offerors must submit the documentation requested in Section L, as w ell as complete and submit the Representation & Certif ication in Section K in its entirety. Offerors shall be registered and active in the System for Aw ard Management (SAM) at w w w .sam.gov in order to be eligible for contract aw ard. Offerors shall be licensed and meet all regulatory requirements to perform w ork in the Federal Republic of Germany.

ELIZABETH H. PRESTON +49-631-536-7777

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

01-Nov-2018

(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 _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, X negotiable. (See _________________________Task Orders

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.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________04 Dec 2018 (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 is, X 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 _______240 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

700TH CONTRACTING SQ

KAPAUN AIR STATION

BLDG 2767

D-67661 KAISERSLAUTERN

GERMANY

FA5613

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

04:00 PM (hour) Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

FA561319R0003 45

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

FA561319R0003

Section B - Supplies or Services and Prices

SECTION B CONTINUATION -- PRICE/COST INFORMATION

1) COST LIMITATIONS: Task orders may be subject to Statutory Cost Limitations. If so, the limitation will be cited in the applicable task order.

2) ONLY OFFERS RECEIVED IN EUROS WILL BE ACCEPTED.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lot MACC Ordering Period for KMC Area

FFP

Ordering CLIN to issue task orders for execution of design and/or construction work within the Kaiserslautern Military Community (KMC) area in accordance with the terms and conditions of the contract, Attachment 1, General Requirements & Provisions and Attachment 2, Special Contract Requirements.

Contractor shall provide all materials, labor, plant, tools, equipment, transportation; the execution of services, including engineering/technical design support; and the incidentals thereof, to perform the general construction work detailed within each individual task order. The work consists of a broad range of design-build, sustainment, maintenance, repair, alteration, renovation and minor construction projects to include residential and commercial work affecting real property on various federal and military installations. The guaranteed minimum amount is $1,000 (EURO equivalent) per contact award for the program ordering period. No other minimum guarantees shall be included or permitted. The total aggregate maximum amount of the overall MACC program shall not exceed $425,000,000.

Period of Performance: 1 Aug 19 – 31 Jul 24

FOB: Destination PROJECT: MACC Basic

MAX

NET AMT

PSC Code: Z2JZ

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 1 Lot MACC Ordering Period for SAB Area

FFP

Ordering CLIN to issue task orders for execution of design and/or construction work within the Spangdahlem Air Base (SAB) area in accordance with the terms and conditions of the contract, Attachment 1, General Requirements & Provisions and Attachment 2, Special Contract Requirements. Contractor shall provide all materials, labor, plant, tools, equipment, transportation; the execution of services, including engineering/technical design support; and the incidentals thereof, to perform the general construction work detailed within each individual task order.

The work consists of a broad range of design-build, sustainment, maintenance, repair, alteration, renovation and minor construction projects to include residential and commercial work affecting real property on various federal and military installations. The guaranteed minimum amount is $1,000 (EURO equivalent) per contact award for the program ordering period. No other minimum guarantees shall be included or permitted. The total aggregate maximum amount of the overall MACC program shall not exceed $425,000,000.

Period of Performance: 1 Aug 19 – 31 Jul 24

PROJECT: MACC Basic

MAX

NET AMT

PSC Code: Z2JZ

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$1,000.00 $425,000,000.00

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

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

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$1,000.00

$5,000,000.00

$1,000.00

$5,000,000.00

Section C - Descriptions and Specifications

DESCRIPTION OF WORK

See Section J Attachment 1, General Requirements & Provisions and Attachment 2, Special Contract Requirements.

The scope of work will be specified in individual task orders issued against this contract.

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

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996 52.246-13 Inspection--Dismantling, Demolition, or Removal of

Improvements

AUG 1996

INSPECTION AND ACCEPTANCE INFO

E-1. Authorized representative from the 86 CES and 52 CES Engineering Sections, as applicable, will be responsible for inspection and/or acceptance. The inspectors will be identified by name at the task order site visit.

E-2. Notice of Completion of Task Order/Pre-Final and Final Inspection:

a) The contractor shall submit a request for final inspection, in writing, to the CO. The final inspection will be requested at least five (5) workdays prior to the completion date.

b) The Government reserves the right if necessary, to schedule pre-final inspections prior to the completion date. In such case, the Government inspector, along with the contractor, shall conduct a pre-final inspection at least three (3) workdays prior to the final inspection. The contractor shall correct any discrepancies noted prior to the final inspection.

c) The Government inspector will conduct the final inspection in the presence of the Contracting personnel (CO or authorized Contract Specialist) and contractor. In the event that the work is not acceptable, the contractor shall record a list of items noted by the Government to be corrected. A subsequent inspection may take place in order to validate the corrected items. Deficiencies recorded during the final inspection shall be completed within ten (10) calendar days or as directed by the CO.

d) Final invoice will not be accepted until all deficiencies are resolved/corrected and as-built drawings are handed over.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-AUG-2019 TO

31-JUL-2024

N/A 86 CEG

UNIT 3175 BOX 290

D-66877 RAMSTEIN-FLUGPLATZ

GERMANY

480-9258

F3N053

0002 POP 01-AUG-2019 TO

31-JUL-2024

N/A 52 CES

52 CES CEX RESOURCE FLT.

BLDG 127

09126 APO

UNITED STATES

X

F3W353

52.211-13 Time Extensions SEP 2000 52.242-14 Suspension of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

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 (DETERMINED PER INDIVIDUAL TASK ORDER) 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 (DETERMINED PER INDIVIDUAL TASK ORDER).* The time stated for completion shall include final cleanup of the premises.

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

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of (DETERMINED PER INDIVIDUAL TASK ORDER) 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.

PERFORMANCE INFORMATION

F-1. HOLIDAY PERFORMANCE AND HOURS OF WORK:

Normal access to the job site shall be between the hours of 0600 to 1800, Monday through Friday. Work performed after standard hours or on German holidays shall be coordinated by the contractor and negotiated with the Contracting Officer (CO) at the task order level. Some work areas may not be accessible on “Goal days” or “Family days”.

Training Holidays, Goal days or Family days: These are unique to military forces stationed in Europe.

Most accompany Federal holidays and dates are determined each year. A current listing may be obtained from the CO.

List of U.S. Holidays:

(1) 1 January* New Year's Day

(2) 3rd Monday in January Martin Luther King's Day

(3) 3rd Monday in February Presidents Day

(4) Last Monday in May Memorial Day

(5) 4 July* Independence Day

(6) 1st Monday in September Labor Day

(7) 2nd Monday in October Columbus Day

(8) 11 November* Veterans Day

(9) 4th Thursday in November Thanksgiving Day

(10) 25 December* Christmas Day

*When the holiday is on a Saturday, the preceding Friday will be the U.S. holiday. When the holiday is on a Sunday, the following Monday will be the U.S. holiday.

List of Host Country Holidays in Germany:

(1) 1 Jan New Years Neujahrtag

(2) ** 3 Kings Day Heilige 3 Koenige

(3) ** Good Friday Karfreitag

(4) ** Easter Monday Osternmontag

(5) 1 May Labor Day Tag der Arbeit

(6) ** Ascension Day Himmelfahrt

(7) ** Whit Monday Pfingstmontag

(8) ** Corpus Christi Fronleichnam

(9) 3 Oct Union Day Tag der Deutschen Einheit

(10) 1 Nov All Saints Day Allerheiligen

(11) 25 Dec Christmas Weihnachten

(12) 26 Dec Christmas Weihnachten

**Indicates dates change each year. May be applicable on a state by state basis where work is performed under the contract.

F-2. LIQUIDATED DAMAGES (LDs) LDs will be incorporated in all task orders totaling $700,000 (EURO equivalent) or greater. The CO reserves the right to incorporate LDs for task orders less than this amount if he/she determines that LDs are warranted due to mission failure, loss of assets, etc. If LDs are used, they will be identified in the Task Order Request for Proposal (TORFP) and announced at the task order site visit.

If the contractor fails to complete the work within the time specified in the contract, the contractor shall pay LDs to the Government in the amount specified in the task order for each calendar day of delay until the work is completed or accepted. Please reference FAR Clause 52.211-12 for additional information.

Section G - Contract Administration Data

GENERAL INVOICE/PAYMENT INFORMATION

1) The resulting basic MACC contract(s) will be administered by 700 CONS. However, the individual task orders will be awarded and administered by both of the following contracting offices:

FOR KMC & Ramstein AB:

700 CONS/PKC

Kapaun Air Station, Bldg 2767 D-67661, Kaiserslautern Germany

FOR Spangdahlem AB:

52 CONS/LGCC

Civil Engineering Flight Bldg. 128, Arnold Blvd D-54529, Spangdahlem Germany

2) All correspondence and data submitted by the contractor under this contract shall reference the contract number, task order number, project number, project title (if applicable), and must be written in English.

3) Accounting and Appropriation Data: The applicable accounting and appropriation data will be cited on individual task orders.

4) Invoices: The contractor will be paid no more than once a month upon the submission of proper invoices through Wide Area Work Flow (WAWF) at https://wawf.eb.mil for the construction services performed during the preceding month.

5) A separate invoice shall be submitted for each task order. A properly prepared invoice shall be submitted identifying the payment requested by Contract Line Item Number (CLIN) ---CLIN 0001 for KMC & Ramstein AB task orders and CLIN 0002 for Spangdahlem AB task orders --- and its corresponding two-digit Contract Reference Number (ACRN). Please reference DFARS Clause 252.232-7006 for additional information.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

https://wawf.eb.mil/

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Construction Payment Invoice

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Destination

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC DETERMINED PER INDIVIDUAL TASK ORDER Issue By DoDAAC DETERMINED PER INDIVIDUAL TASK ORDER Admin DoDAAC DETERMINED PER INDIVIDUAL TASK ORDER Inspect By DoDAAC DETERMINED PER INDIVIDUAL TASK ORDER Ship To Code DETERMINED PER INDIVIDUAL TASK ORDER Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) DETERMINED PER INDIVIDUAL TASK ORDER Service Acceptor (DoDAAC) DETERMINED PER INDIVIDUAL TASK ORDER Accept at Other DoDAAC N/A LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

DETERMINED PER INDIVIDUAL TASK ORDER

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

DETERMINED PER INDIVIDUAL TASK ORDER

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

Section I - Contract Clauses

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

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

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-13 (Dev) Subcontractor Certified Cost or Pricing Data - Modifications (Deviation 2018-O0015)

JUL 2018

52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.222-50 Combating Trafficking in Persons MAR 2015 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-36 Payment by Third Party MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-1 Disputes MAY 2014 52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

APR 1984

52.236-22 Design within Funding Limitations APR 1984 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.243-4 Changes JUN 2007 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items JUL 2018 52.245-9 Use And Charges APR 2012 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements)

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984 52.249-10 Alt I Default (Fixed-Price Construction) (Apr 1984) Alternate I APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252.225-7041 Correspondence in English JUN 1997 252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7033 Rights in Shop Drawings APR 1966 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.236-7005 Airfield Safety Precautions DEC 1991 252.236-7006 Cost Limitation JAN 1997 252.236-7010 Overseas Military Construction--Preference for United States

Firms

JAN 1997

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7002 Warranty of Construction (Germany) JUN 1997 252.247-7023 Transportation of Supplies by Sea APR 2014

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of $5,000,000.00;

(2) Any order for a combination of items in excess of $5,000,000.00; or

(3) A series of orders from the same ordering office within 5 workdays that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 workdays after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after completion of all task orders issued during the contract ordering period.

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least an average of twenty-five percent (25%) of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by DETERMINED PER INDIVIDUAL TASK ORDER [Description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels].

(b) Weather conditions DETERMINED PER INDIVIDUAL TASK ORDER (Summary of weather records and warnings).

(c) Transportation facilities DETERMINED PER INDIVIDUAL TASK ORDER (Summary of transportation facilities providing access from the site, including information about their availability and limitations.

(d) Other pertinent information DETERMINED PER INDIVIDUAL TASK ORDER.

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.hill.af.mil

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (DFARS) (48 CFR, Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from the start date of the Ordering Period through contract expiration.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(End of Clause)

252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION 2015-O0016) (SEP 2015)

(a) The Contractor shall—

(1) Exercise due diligence to ensure that none of the funds, including supplies and services, received under this contract are provided directly or indirectly (including through subcontracts) to a person or entity who is actively opposing United States or Coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities;

(2) Check the list of prohibited/restricted sources in the System for Award Management at www.sam.gov —

(i) Prior to subcontract award; and

(ii) At least on a monthly basis; and

(3) Terminate or void in whole or in part any subcontract with a person or entity listed in SAM as a prohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the Contracting Officer provides to the Contractor written approval of the Head of the Contracting Activity to continue the subcontract.

(b) The Head of the Contracting Activity has the authority to—

(1) Terminate this contract for default, in whole or in part, if the Head of the Contracting Activity determines in writing that the contractor failed to exercise due diligence as required by paragraph (a) of this clause; or

(2)(i) Void this contract, in whole or in part, if the Head of the Contracting Activity determines in writing that any funds received under this contract have been provided directly or indirectly to a person or entity who is actively opposing United States or Coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities.

(ii) When voided in whole or in part, a contract is unenforceable as contrary to public policy, either in its entirety or with regard to a segregable task or effort under the contract, respectively.

(c) The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts, including subcontracts for commercial items, under this contract that have an estimated value over $50,000 and will be performed outside the United States and its outlying areas.

252.229-7001 TAX RELIEF (SEPT 2014) - ALTERNATE I (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:

NAME OF TAX: Mehrwertsteuer (VAT) RATE (PERCENTAGE): 19%

(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.

http://www.sam.gov/

(d) Tax relief will be claimed in Germany pursuant to the provisions of the Agreement Between the United States of America and Germany Concerning Tax Relief to be Accorded by Germany to United States Expenditures in the Interest of Common Defense. The Contractor shall use Abwicklungsschein fuer abgabenbeguenstigte Lieferungen/Leistungen nach dem Offshore Steuerabkommen (Performance Certificate for Tax-Free Deliveries/Performance according to the Offshore Tax Relief Agreement) or other documentary evidence acceptable to the German tax authorities. All purchases made and paid for on a tax-free basis during a 30-day period may be accumulated, totaled, and reported as tax-free.

AFFARS 5352.201-9101 OMBUDSMAN (JUN 2016)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Primary:

Mr. Erik J. Symanski

AFICA/KU, UNIT 3103, APO, AE 09094-3103

AFICA/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany E-mail: erik.symanski@us.af.mil Tel: DSN: (314)480-2209 Fax: (49)-6371-47-2025

Alternate:

Ms. Heidi Hoehn

AFICA/KU, UNIT 3103, APO, AE 09094-3103

AFICA/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany E-mail: heidi.hoehn.de@us.af.mil Tel: DSN: (314)480-9330 Fax: (49)-6371-47-2025

Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

http://www.whitehouse.gov/omb/circulars_a076_a76_incl_tech_correction/

AFFARS 5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING

SUBSTANCES (ODS) (NOV 2012)

(a) Contractors shall 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 as part of this contract/order.

[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 uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]

AFFARS 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)

(a) The contractor shall obtain base identification and vehicle passes, if required, 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 http://static.e-publishing.af.mil/production/1/af_a4_7/publication/afi32-7086/afi32-7086.pdf to the issuing base pass and registration office or Security Forces 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 [insert any additional requirements to comply with local security procedures] to obtain a vehicle pass.

(1) For construction projects send the written request to either 86 CES/SABER (Ramstein projects) or 52 CES/SABER (Spangdahlem projects).

(2) For services contracts, send the written request to the Contracting Officer Representative for your contract as designated in writing by the Contracting Officer.

SPECIFIC ACCESS REQUIREMENTS FOR CONTRACTS PERFORMED IN GERMANY

A. US CITIZENS:

1. US Citizens employed under contract with Technical Expert, Troop Care, Analytical Support, or Military Exigency status, are vetted for performance and base access through DOCPER. Go to the DOCPER Internet site at http://www.per.hqusareur.army.mil/cpd/docper for information not covered below, i.e., AE Reg 715-9 FAQs (Frequently Asked Questions), Informative presentations, and a wealth of other status-related info.

(a) In accordance with the Exchange of Notes (dated 27 Mar 98) implementing the Provisions of Articles 72 and 73 of the German Supplementary Agreement (SA) to the North Atlantic Treaty Organization (NATO) Status of Forces Agreement (SOFA), non-German citizens of a NATO member country who perform services on US Government contracts shall not start work in Germany without meeting one of the following criteria:

(1) Technical Expert Status accreditation (TESA)

(2) Troop Care Status accreditation (TCSA)

(3) Analytical Support Status accreditation (ASSA)

(4) Military Exigency (ME) via TESA or ASSA

(5) TESA/ASSA TDY

(6) Exemption from German work permit ("fax back")

(7) German work permit or compliance with European Union member nation exchange laws and regulations

(8) Certificates of limited tax liability and a German work permit

(b) In order to request status under paragraph (a)(1) through (a)(5) above, the contractor shall submit all subcontractor agreements which will be used for the Government's Contract Notification package to DoD Contractor Personnel Office (DOCPER). The contractor shall submit Technical Expert Status Accreditation (TESA)/Troop Care Status Accreditation (TCSA)/Analytical Support Status Accreditation (ASSA) application packages for any employees for which TESA/TCSA/ASSA is sought within three business days of the individual being hired.

(c) The applications cited in paragraph (b) above shall be submitted by the contractor, by means of the DOCPER Contractor Online Processing System (DCOPS) through the contracting officer's appointed representative to DOCPER. DOCPER's contact information is available at the DOCPER Internet site http://www.per.hqusareur.army.mil/cpd/docper/GermanyDefault.aspx

(d) A 10-week temporary TESA or ASSA may be granted by the US Government for purposes of Military Exigency (ME). ME is granted for time sensitive, mission critical positions for the purpose of permitting individual contract employees, who upon initial review of the application appear to meet the requirements of TESA or ASSA, to begin working in Germany prior to TESA/ASSA accreditation.

http://www.per.hqusareur.army.mil/cpd/docper/GermanyDefault.aspx

(e) Current Common Access Card (CAC) procedures:

(1) DOCPER issues the DD 1172-2.

(2) The Contracting Officer’s Representative at the unit level (QAP/COR), as the Trusted Agent (TA), creates a Contractor Verification System (CVS) account for the contractor employee to enter and complete online personal information.

(3) The employee takes a copy of the DD 1172-2 and proof of CVS entry into the database to the pass and identification issuing office to obtain CAC.

(f) In addition to the contract clause AFFARS clause 5352.242-9001, CACs for Contractor Personnel, local policy directs the contractor to turn in CACs to the issuing office and provide written/signed documentation, by the Program Manager or equivalent, of the office and date CACs were returned for any actions defined in paragraphs (d) and (e). Contract clauses are located at http://farsite.hill.af.mil/VFFARa.HTM.

(g) The contractor shall allow German government authorities to visit the contractor's work areas for the purpose of verifying the status of positions and personnel as Technical Expert (TE)/Troop Care (TC)/Analytical Support (AS) employees. Such visits will not excuse the contractor from performance under this contract or result in increased costs to the Government.

(h) The contract price shall not be subject to an economic adjustment with regard to TESA/TCSA/ASSA in the event that

(1) the contract and any or all positions identified in the contractor's proposal are disapproved for TESA/TCSA/ASSA; or

(2) any or all positions submitted for TESA/TCSA/ASSA consideration during the life of the contract are disapproved for TESA/TCSA/ASSA; or

(3) any or all contractor employees are denied TESA/TCSA/ASSA; or

(4) TESA/TCSA/ASSA accreditation is rescinded during the life of the contract.

(i) If the contractor's employees will be performing in the Federal Republic of Germany under the conditions identified in paragraphs (a)(6) through (a)(8) of this clause, DOCPER is not involved in the process.

B. RESIDENT OF EUROPEAN UNION OR NATO-MEMBER (i.e., Contractor and Contractor Employee):

TEMPORARY BASE ACCESS OR CONTRACTS LESS THEN 90 DAYS IN DURATION:

Temporary pass issued if:

1. Contract period is less than 90 days

2. A favorable rating on the screening is not available for contract employee. Note: Once a favorable rating is received, the employee returns for issuance of a new pass for the total contract period requested in the original paperwork.

3. Required Documents:

i. 17 Page questionnaire or 604-1B) must be filled out entirely for it to be of any use to us (addresses, phone numbers, zip codes etc)

ii. Original and copy of Passports or Personal Ausweiss

iii. Original and copy of PGCC (Police Good Conduct Certificate) http://farsite.hill.af.mil/VFFARa.HTM

BASE ACCESS FOR CONTRACTS WITH A PERFORMANCE PERIOD OF MORE THAN 90 DAYS:

Mandatory Installation access procedures apply when contractors require access under this contract at least three (3) times per week for a period of at least 90 days.

1. Procedures to receive an Installation Pass (IP) are as follows:

a. USAFE Form 79:

i. The 577 card holder in the unit receiving services, will be responsible for completing the USAFE Form 79 and insuring the pass applicant has all of the…