Amendment_0001-_FA5702-18-R-0016.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

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Unclassified/Sensitive DataUnclassified/Sensitive Data

379 ECONS

Bldg 8109

APO AE 09309

05-Sep-2018

The purpose of this amendment is to:

- Answer offeror's pre-proposal questions-see attached document "SABER Q&A"

- Increase the number of pages for the technical submission from 20 pgs to 40 pgs

- Extend the solicitation close date to 5 September 2018.

All other terms and conditions remain unchanged and in full effect.

Project Title: Simplified Acquisition of Base Engineering Requirements (SABER)

Maximum Value: $50,000,000.00 Ordering Period: 5 year Indefinite Delivery/Indefinite Quantity contract

Notice to Offeror(s)/Supplier(s): The Government reserves the right to cancel this solicitation, either before or after the closing date.

The Government has no obligation to reimburse an offeror for any costs.

Questions regarding this solicitation shall be submitted to Olivia Dean at 379ECONS.construction@auab.afcent.af.mil no later than 26 July 2018 at 1700 AST. Please include the term 'SABER' in the email title.

13-Jul-2018

FA5702-18-R-0016

318-437-2027

See Item 7

Olivia Dean

FA5702

See Schedule

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AMOUNTS

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.

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AWARD (To be completed by Government)

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CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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Olivia Dean 318-437-2027 olivia.dean@auab.afcent.af.mil

Electronically Signed By: OLIVIA DEAN

EDIPI: 1041197613

See Schedule Prices

CONTRACT PIIN : FA5702-18-R-0016

Section B - Supplies or Services and Price/Costs

LINE ITEM QUANTITY UNIT OF ISSUE UNIT PRICE EXTENDED

PRICE

COST

CONSTRAINTS

0001 1.0000 Lot - -

Option:

Nomenclature: SABER Task Order Nsn:

Noun:

Part Number /

FSCM:

Serial Number:

Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item

Number:

CIN/SDN:

FOB: Inspection: Destination Acceptance: Destination Description: SABER contract for Al Udeid Air Base

Unclassified/Sensitive Data

SABER Questions

1. Will the government provide copy of the Unit Price Book as part of the RFP? And if not can the government provide the exact link for down loading / purchasing the book? The RS means web site contains so many different price books and we need to make sure that we are looking at the correct one. We also were not able to find the exact description stated in the SOW (R.S Means Master File) for the Unit Price book on their web site.

a. The government will not provide a copy of the Unit Price Book as part of the RFP.

b. e4Clicks is a software that uses RS Means, specifically designed for JOC and SABER types of work:

c. https://www.4clicks.com/products-services/software-features/e4clicks-project-estimator/

2. Will the contractor be able to submit different coefficients for the contract's base year and the four option years?

a. No, the contractor must submit a single coefficient for the entirety of the contract.

3. Will the current 2018 RS Means price book be the base for the entire duration of the contract or would it be changed for each calendar year as it gets updated by the developer?

a. The Unit Price Book (RS Means, e4Clicks) will be changed as the developer makes annual updates.

4. Will the Government require the contractor to furnish the pricing software for its personnel?

And if yes how many software licenses would be required for the Government use?

a. No. The contractor will not have to furnish pricing software for U.S. Government personnel. Software will be provided via different means to the USAF.

5. Project Pricing/Estimation: For this seed project(s) and future projects, the method for reaching the total evaluated cost of a project will be determined by using RS Means and then our coefficient applied to it. Is that correct?

i. Yes, that is correct.

a. If so, then the "Localization" coefficient will be neglected and as such can cause losses for the contractor. The reason being that certain "Bare Materials Cost" or "Bare Labor Cost" could be underestimated in RS Means.

ii. The contractor should account for this by incorporating his own area cost factor into his coefficient.

OR

b. Since E4clicks software will be used, does it mean that a local UPB specific to this location will be developed? As such, RS means will only be used as a guide and not indicator for price reasonableness?

i. E4clicks software is to be used. Any locational cost factors should be incorporated into contractor’s coefficient.

6. Are we allowed to provide a range of coefficients depending on the magnitude of the project or just one static coefficient? Ex. for project <500,000 (coefficient A), >500,000 (coefficient B)?

a. Offerors must submit one static coefficient regardless of magnitude of the project.

7. What is maximum allowable coefficient?

a. There is no maximum or minimum allowable coefficient. The offeror shall determine which coefficient is best suited for their company's proposal.

8. The repair of damaged tiles of swimming pool and modification of filter plant of swimming pool.

Need description of the jobs which need to perform. (See questions in attached drawings)

a. All job description information is included in the SOW.

b. Assume 10% of tiles will need replacing.

9. About 5 Open Sheds were visited and asked us to propose a ceiling to stop the resting of pigeons there, by which need to get rid of pigeon droppings and danger of pigeon hitting the aircraft. Need proper job description. (See questions in attached drawings)

a. All job description information is included in the SOW. Further information is detailed on the last page of this Q&A.

10. For firms applying as a Joint Venture, is it enough that both firms are active in SAM individually or shall the JV also be registered in SAM as one entity?

a. For offerors applying as a Joint Venture, it is not required that the JV is registered in SAM as one entity. However, our contract writing system only allows us to award to one CAGE code. Please explain in your joint venture arrangement details which CAGE code the contract should be awarded to in your submission.

11. Please provide updated page count limits for the Technical and Past Performance sections (Volumes I and II). The Past Performance questionnaire is 7 pages long and we are instructed to submit 10 projects, plus the Consent letters, plus any other pertinent Past Performance information relevant to this project. 35 pages will not be sufficient.

a. For the Past Performance (Volume II), the Past Performance Questionnaires (PPQ) and Consent letters will not be counted towards your total page count. Since the PPQ and consent letters do not count to total pages, there should be sufficient pages to explain any other pertinent past performance information.

12. For the Technical volume, 20 pages is not enough to adequately reply to two seed projects.

a. The solicitation has been amended to allow 40 pages to reply to the two seed projects.

13. Please confirm the Government will be providing one, standard RS Means price book to all contractors so we are calculating our coefficient based on the exact same data. Excel, PDF, or hyperlink to online source please.

a. The Government will not provide contractors RS Means price books. Contractors are to obtain RS Means themselves. The link for purchase is provided in question 1(c). RS Means is a standardized source for all divisions of construction costs.

14. Will we be providing one coefficient price for each contract year, or will we be using an updated

RS Means price data base each year to account for price fluctuations / inflation over the life of the contract?

a. Answers to questions #3 and 5.a. detail a response. RS Means updates based off of its own research.

b. The contractor must submit a single coefficient for the entirety of the contract.

15. Would the government provide a second contractor site visit for the 2 seed projects? Due to the RFP tight time constraints, we were unable to travel & attend the scheduled site visit on 19 July 2018.

a. Unfortunately due to strict badging restrictions, we are unable to hold another site visit during the solicitation period.

16. Can a professional bird control fabric mesh with steel guide wires be used in lieu of metal mesh netting?

a. No. Metal mesh netting is the requested material.

17. Will the chiller at the pool need to be replaced? Will the chiller be hooked up to the water?

a. Replacing those 3 large chillers is not part of the SOW, but they will need reconnecting to any new equipment and piping because they are cooling the pool water.

18. What is the power voltage used at the pool?

a. Per Electrical shop: Power feeding the transformer is from the QIT power plant (diesel, UK voltage) and what is feeding B10073 (pump house) is 240 phase-to-ground / 415 phase-to-phase.

19. Are all three motors working at the pool? Are there any standby motors if the other motors fail?

a. Motors=pumps? SOW says 2 normal operating duty and 1 standby.

b. This contract is requesting to have one standby pump (in line) as well an additional pump for repairs after warranty.

Memo / Drawing questions for CC Pool

1. Seed project #1 CC Pool Memorandum

a. Contractor is supposed to give us their design and specs based on what they calculated from pool capacity, required flow/refresh rate, environmental factors, etc.…

b. SOW says the Contractor shall provide us with their calculations justifying the equipment and piping selected for their quote/proposal.

2. Seed Project #1 Drawings

a. As-builts show 5.5 HP pumps but per Plumbing shop they are 7.5 HP existing.

i. Those items are hatched for removal on the demolition plan.

ii. Saline-chlorination unit is an all in one unit, so pumps and equipment should be pre-sized to meet the pool’s requirements based off of the Contractor's calculations of the pool’s capacity, environmental factors, etc.

3. Sheet Keynotes: “DO WE NEED TO REUSE ALL OTHER ITEMS WHICH ARE NOT REMOVED?”

a. Anything not in scope shall not be disturbed. Anything the Contractor has to remove that is not in scope must be returned or restored back to original or better condition.

Including any adjacent areas that are disturbed or damaged.

4. General Electrical Notes: The KTR is supposed to submit to us their proposed designs and specs.

ECES drawings you saw were concept drawings only.

a. Any deviations from final approved designs and specs must be reapproved by ECES an ECONS before constructing.

Drawing questions for Bird Netting

1. Welding will require hot-work permit. Structures are not under warranty, so pending hot-work approval and after a review of KTR drawings to specify what they propose, yes.

Additional Contractor Emails:

SEED 1:

1. May we obtain architectural and structural drawings detailing the dimensions of the pool? Also, any site plan showing the swimming pool and its immediate surroundings would be appreciated as well.

As-builts are 21MB. The Government can AMRDEC the As-Built's as requested. Please submit a request for the as-builts to 379econs.construction@auab.afcent.af.mil and the Government will AMRDEC the files to you.

2. Are there any existing Electrical plans along with the DB schedule?

See above #1

3. Are there any existing Mechanical plans (which include the drainage and domestic water system)?

See above #1

4. The file "6._Seed_Project_1_Form_66" states that a required submittal before acceptance is: Factory and Field Test Certificates, Logs and Test Results. What exactly are the tests required?

All of the below with an inspector on site for recording, preferably an ECES plumber on site as well:

o Pressure test all pipes for no leaks prior to energizing with refrigerant or water (and show results for recording) o Vacuum or PSI results of installed pumps and pipes with ECES member on site for recording o Electrical equipment op checks and volt/amp/etc... test results with inspector and plumber on site o Operational test flow rates of the pumps if possible o pH, salinity, and chlorine level results to ensure the new saline-chlorination unit is operating within BioEnv/Public Health standards o BioEnv, Safety, Public Health requests to conduct their own water tests at the pre-final inspection or whenever the pool is refilled and ready. Must be accomplished no later than the pre-final inspection date.

5. Is the roof of the pump house is sandwich panel? If yes, kindly provide the thickness of the sandwich panel.

Unknown.

SEED2:

1. Are there any available architectural and/or structural plans that show the facility as well as its immediate surroundings? (plan and site plan)

“As-builts” do not exist.

2. Since it is important that the metal netting not interfere with the lighting, ballasts and mass notification system, are there any electrical drawings that details these systems?

“As-builts” do not exist.

3. The file "7._Seed_Project_2_SOO_-_Install_Bird_Netting" includes "Required Submittals" as mentioned in the Statement of Objectives. Along with cost estimation and pricing of the project, are these the submittals required before acceptance?

Yes. Proposed materials, design, and how work shall be accomplished are also all required for the technical proposal and reviews from all competing contractors.

Additional Questions

As you know, traditional shipping costs cannot be used due to the current embargo, therefore additional costs are incurred for transshipping materials with shipping cost increasing 10 fold. We request guidance from your office on how to deal with the shipping costs for Qatar. Any assistance on this query would be greatly appreciated and beneficial to all bidding contractors.

a. Please include any additional shipping costs or costs of doing business in Qatar in your contractor coefficient as you see fit.

Section C - Description/Specification/Statement of Work

Section C - Description/Specification/Statement of Work Reference Attachment 1 – SABER SOW 16 June

(End of Section C)

Section D - Packaging and Marking

Section D - Packaging and Marking

THIS SECTION INTENTIONALLY LEFT BLANK

(End of Section D)

Section E - Inspection and Acceptance

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

Section E - Inspection and Acceptance

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/ACCEPTANCE INFO

E-1. Authorized representatives from the 379th ECES Engineering

Authorized representatives from the 379th ECES Engineering Sections shall be responsible for inspection and/or acceptance of each Task Order. The Project Manager (also the Contracting Officer Representative) and Construction Manager will be identified during the pre-final/final inspection. The Contracting Officer (CO) is responsible for final acceptance of the work for each Task Order.

E-2. Notice of Completion of Contract/Pre-Final and Final Inspection

The contractor shall submit a request for final inspection, in writing, to the CO for each Task Order. The final inspection will be requested at least five (5) business days before the completion date. The Project Manager/Contracting Officer Representative, Construction Manager, and CO, along with the contractor, shall conduct a pre-final inspection at least ten

(10) business days prior to the final inspection. The contractor shall correct any discrepancies noted prior to the final inspection.

The Project Manager/Contracting Officer Representative and Construction Manager will conduct the final inspection in the presence of the CO and contractor. The contractor will correct any discrepancies noted within the time specified by the CO. Upon request, final payment will be made after correction of all discrepancies.

(End of Section E)

Section F - Deliveries and Performance

Delivery Schedule

CLIN DELIVERY

DATE

SHIP TO ADDRESS QUANTITY SUPPLEMENTARY

ADDRESS

BPN/

DoDAAC

0001 1 After Receipt Of (ARO) Each Individual Order

FOB: -

Section F –Deliveries and Performance

CLAUSES INCORPORATED BY REFERENCE

52.247-52 Clearance and Documentation

Requirements – Shipments to DOD Air or Water Terminal Trans-shipment Points

FEB 2006

(End of Section F)

Section G - Contract Administration Data

Section G - Contract Administration Data

(End of Section G)

Section H - Special Contract Requirements

SECTION H - SPECIAL CONTRACT REQUIREMENTS

(End of Section H)

Section I - Contract Clauses

Section I - ContractClauses

FAR 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 these addresses:

FAR http://farsite.hill.af.mil/vffara.htm DFARS http://farsite.hill.af.mil/vfdfara.htm AFFARS http://farsite.hill.af.mil/vfaffara.htm

Clauses Incorporated by Reference

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant AgainstContingent 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 Illegalor 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 FederalTransactions 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

52.203-18 Prohibition On Contracting With Entities That Require Certain Internal Confidentiality Agreements Or Statements--Representation JAN 2017

52.203-19 Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements JAN 2017

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

52.204-12 Unique Entity Identifier Maintenance OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts OCT 2016

52.204-18 Commercial And Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems JUN 2016

52.209-6 Protectingthe Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment OCT 2015

52.209-7 Information Regarding Responsibility Matters. JUL2013

52.209-9 Updates of PubliclyAvailable Information Regarding Responsibility Matters JUL2013

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015

52.210-1 Market Research APR 2011

52.211-10 Commencement, Prosecution, and Completion of Work (Alt I) APR 1984

52.211-13 Time Extensions SEP 2000

52.215-2 Audit and Records-Negotiation OCT 2010

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data - Modifications AUG 2011

52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010

52.215-13 Subcontractor Certified Cost or Pricing Data - Modifications OCT 2010

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications OCT 2010

52.222-19 Child Labor—Cooperation with Authorities and Remedies OCT 2016

52.222-34 Project Labor Agreement MAY 2010

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-60 Paycheck Transparency (Executive Order 13673) OCT 2016

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts SEP 2013

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

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

52.223-6 Drug-Free Workplace MAY 2001

52.223-11 Ozone- Depleting Substances and High Global Warming Potential Hydroflourocarbons JUN 2016

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts MAY 2008

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 2011

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

52.224-3 Privacy Training JAN 2017

52.225-3 Buy American -- Free Trade Agreements -- Israeli Trade Act MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-14 Inconsistency Between English Version and Translation of Contract FEB 2000

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States MAR 2008

52.227-19 Commercial Computer Software License DEC 2007

52.228-3 Workers' Compensation Insurance (Defense Base Act) JUL 2014

52.229-6 Taxes—Foreign Fixed-Price Contracts FEB 2013

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-16 Progress Payments (Alt III) APR 2003

52.232-18 Availability of Funds APR 1984

52.232-23 Assignment of Claims MAY 2014

52.232-27 Prompt Payment for Construction Contracts JAN 2017

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-1 Disputes (Alt 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

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction (Alt I) APR 1984

52.236-26 Preconstruction Conference FEB 1995

52.242-13 Bankruptcy JUL 1995

52.239-1 Privacy or Security Safeguards AUG 1996

52.242-14 Suspension of Work APR 1984

52.243-4 Changes JUN 2007

52.243-5 Changes and Changed Conditions APR 1984

52.244-6 Subcontracts for Commercial Items JAN 2017

52.245-1 Government Property (Alt I) APR 2012

52.246-12 Inspection of Construction AUG 1996

52.246-21 Warranty of Construction MAR 1994

52.249-1 Termination for the Convenience of the Government (Short Form) APR 1984

52.249-2 Alt I Termination for Convenience (Fixed Price) – with Alternate I SEP 1996

52.249-10 Default (Fixed Price Construction) APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer’s Representative DEC 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

252.203-7004 Display of Hotline Posters OCT 2016

252.203-7005 Representation Relating to Compensation of Former DoD Officials. NOV 2011

252.204-7003 Control of U.S. 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

252.208-7000 Intent to Furnish Precious Metals as Government-Furnished Material DEC 1991

252.204-7015 Notice of Authorized Disclosure of Information For Litigation Support MAY 2016

252.205-7000 Provision Of Information to Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting with Firms That Are Owned or Controlled by a Government that is a State Sponsor of Terrorism OCT 2015

252.211-7007 Reporting of Government-Furnished Property AUG 2012

252.215-7000 Pricing Adjustments DEC 2012

252.222-7002 Compliance with Local Labor Laws (Overseas) JUN 1997

252.223-7006 Prohibition on Storage, Treatment and Disposal of Toxic or Hazardous Materials SEP 2014

252.225-7021 Trade Agreements DEC 2016

252.225-7041 Correspondence in English JUN 1997

252.225-7042 Authorization to Perform APR 2003

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States JUN 2015

252.225-7048 Export Controlled Items JUN 2013

252.227-7033 Right in Shop Drawings APR 1966

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7011 Payments in Support of Emergencies and Contingency Operations MAY 2013

252.233-7001 Choice of Law (Overseas) JUN 1997

252.236-7000 Modification of Proposals – Price Breakdowns DEC 1991

252.236-7001 Contract Drawings and Specifications AUG 2000

252.243-7001 Pricing of Contract Modification DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.247-7023 Transportation of Supplies by Sea MAY 2002

5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) NOV 2012

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(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 damagesto the Government in the amount of (depends on each Task Order) until the work is completedor 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 damagesare in addition to excess costs of repurchase under the Termination clause.

52.215-8 -- Order of Precedence -- Uniform Contract Format (Oct 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

(End of Clause)

52.216-19 - Ordering Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00, 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 single order in excess of $1,000,000.00

(2) Any order for a combination of items in excess of $50,000,000.00 or

(3) A series of orders from the same ordering office within 1 day that together call for quantities exceeding the limitation in subparagraph (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 2 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216-22 - Indefinite Quantity (Oct 1995)

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

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

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

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

52.223-7 Notice of Radioactive Materials (Jan 1997)

(a) The Contractor shall notify the Contracting Officer or designee, in writing, 30 days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either

(1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or

(2) other radioactive material not requiring specific licensing in which the specific activity is greater than

0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries.

Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107).

* The Contracting Officer shall insert the number of days required in advance of delivery of the item or completion of the servicing to assure that required licenses are obtained and appropriate personnel are notified to institute any necessary safety and health precautions. See FAR 23.601(d).

(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall --

(1) Be submitted in writing;

(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and

(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.

(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract.

(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause.

(End of Clause)

52.223-9 Estimate of Percentage of Recovered Material Content For EPA Designated Items (May 2008)

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

“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to the Contracting Officer.

52.228-3 - Workers’Compensation Insurance(Defense Base Act) (Jul 2014)

(a) The Contractor shall—

(1) Before commencingperformanceunder this contract, establish provisions to provide for the payment of disability compensation and medical benefits to covered employeesand death benefits to their eligible survivors, by purchasing workers’ compensationinsurance or qualifying as a self-insurerunder the Longshoreand Harbor Workers’ CompensationAct (33 U.S.C. 932) as extended by the Defense Base Act (42 U.S.C. 1651, et seq.), and continue to maintain provisions to provide such Defense Base Act benefits until contractperformance is completed;

(2) Within ten days of an employee’s injury or death or from the date the Contractor has knowledge of the injury or death, submit Form LS-202 (Employee’sFirst Report of Injury or Occupational Illness) to the Department of Labor in accordance with the Longshoreand Harbor Workers’ CompensationAct (33 U.S.C. 930(a), 20 CFR 702.201 to 702.203);

(3) Pay all compensation due for disability or death within the time frames required by the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 914, 20 CFR 702.231 and 703.232);

(4) Provide for medical care as required by the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 907, 20 CFR 702.402 and 702.419);

(5) If controverting the right to compensation, submit Form LS-207 (Notice of Controversion of Right to Compensation) to the Department of Labor in accordancewith the Longshoreand HarborWorkers’ Compensation Act (33 U.S.C. 914(d), 20 CFR 702.251);

(6) Immediately upon making the first payment of compensation in any case, submit Form LS- 206 (Payment of Compensation Without Award) to the Department of Labor in accordance with the Longshoreand Harbor Workers’ Compensation Act (33 U.S.C. 914(c), 20 CFR 702.234);

(7) When payments are suspended or when making the final payment, submit Form LS-208 (Notice of Final Payment or Suspension of Compensation Payments) to the Department of Labor in accordance with the Longshoreand Harbor Workers’ Compensation Act (33 U.S.C.

914 (c) and (g), 20 CFR 702.234 and 702.235); and

(8) Adhere to all other provisions of the Longshoreand Harbor Workers’ Compensation Act as extended by the Defense Base Act, and Department of Labor regulations at 20 CFR Parts 701 to 704.

(b) For additional information on the Longshoreand HarborWorkers’ Compensation Act requirements see http://www.dol.gov/owcp/dlhwc/lsdba.htm.

(c) The Contractor shall insert the substanceof this clauseincluding this paragraph (c), in all subcontracts to which the Defense Base Act applies.

(End of Clause)

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond FY2019. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond FY2019, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.232-34 Payment by Electronic Funds Transfer--Other Than System for Award Management (Jul 2013)

(a) Method of payment.

(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term “EFT” refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either--

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend payment due dates until such time as the Government makes payment by EFT (but see paragraph (d) of this clause).

(b) Mandatory submission of Contractor's EFT information.

(1) The Contractor is required to provide the Government with the information required to make payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this information directly to the office designated in this contract to receive that information no later than 15 days prior to submission of the first request for payment. If not otherwise specified in this contract, the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office(s).

(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office. However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. (1) The Government is not required to make any payment under this contract until after receipt, by the designated office, of the correct EFT payment information from the Contractor.

Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the updated EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension.

(e) Liability for uncompleted or erroneous transfers.

(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for--

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and--

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph (d) shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph (j) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information provided by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address in the contract.

(j) EFT information. The Contractor shall provide the following information to the designated office. The Contractor may supply this data for this or multiple contracts (see paragraph (b) of this clause). The Contractor shall designate a single financial agent per contract capable of receiving and processing the EFT information using the EFT methods described in paragraph (c) of this clause.

(1) The contract number (or other procurement identification number).

(2) The Contractor's name and remittance address, as stated in the contract(s).

(3) The signature (manual or electronic, as appropriate), title, and telephone number of the Contractor official authorized to provide this information.

(4) The name, address, and 9-digit Routing Transit Number of the Contractor's financial agent.

(5) The Contractor's account number and the type of account (checking, saving, or lockbox).

(6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the Contractor's financial agent.

(7) If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the Contractor's financial agent is not directly on-line to the Fedwire Transfer System; and, therefore, not the receiver of the wire transfer payment.

(End of clause)

52.232-39 - Unenforceability of Unauthorized Obligations (Jun 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulation and procedures.

(End of clause)

52.236-7 -- Permits and Responsibilities (Nov 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any host government and political subdivisions laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occurs as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

(End of Clause)

52.243-7 -- Notification of Changes (Jan 2017)

(a) Definitions. “Contracting Officer,” as used in this clause, does not include any representative of the Contracting Officer.

“Specifically Authorized Representative (SAR),” as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority.

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing promptly, within 7 (to be negotiated) calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions.