FA5703-13-R-0004.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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4:00 PM

386 ECONS

Bldg 592

APO AE 09855

11-Jan-2013

-PROJECT TITLE: MILL & OVERLAY TAXIWAY ALPHA

-FACSIMILE BIDS/MODIFICATIONS ARE NOT AUTHORIZED

-ENTER PRICE IN SECTION B (USE TYPEWRITER OR BLACK INK)

-PROJECT MAGNITUDE: Magnitude of this project is between $250,000.00 and $500,000.00 U.S. Dollars (KWD 70,300.000 to

KWD 140,600.000)

-SEE SECTIONS L & M FOR ADDITIONAL DETAILS AND INSTRUCTIONS

FA5703-13-R-0004

9722-3896

See Item 7

Kenneth Layre III

F1ECES33050100

FA5703

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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CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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Kenneth Layre III 442-2731 kenneth.layre@asab.afcent.af.mil

02-Dec-2012

See Schedule Prices

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

SECTION E - INSPECTION AND ACCEPTANCE

LINE ITEM QUANTITY UNIT OF ISSUE UNIT PRICE EXTENDED

PRICE

COST

CONSTRAINTS

0001 1.0000 Lot _________ _________ Firm

Option:

Nomenclature: Repair Taxiway Alpha Nsn:

Noun:

Part Number /

FSCM:

Serial Number:

Contract Type: Firm-Fixed-Price Contracts ACRN: Dollars Obligated: $0.00 PR Number: PR Line Item

Number:

CIN/SDN:

FOB: Inspection: Destination Acceptance: Destination Description:

Repair Taxiway Alpha (Mill & Overlay) in accordance with (IAW) the attached statement of work (SOW).

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

Section E Clauses

Section E – Inspection and Acceptance

FA5703-13-R-0004

CLAUSES INCORPORATED BY FULL TEXT

FAR 52.246-12 -- Inspection of Construction (Aug. 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract. Inspection of construction will be accomplished by 386 ECES, both at the contractor’s facility (interim material inspections) and on site at Ali Al Salem Air Base, Kuwait.

(c) Government inspections and tests are for the sole benefit of the Government and do not --

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may --

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

SECTION F - DELIVERIES AND PERFORMANCE

Section E – Inspection and Acceptance

FA5703-13-R-0004

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the

Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of Clause)

Deliveries or Performance

Section F – Deliveries or Performance

PLACE OF PERFORMANCE

The destination for all work against this contract shall be Ali Al Salem Air Base, Kuwait, as identified in the attached drawings.

U.S. HOLIDAYS

This base observes the following U.S. holidays:

Independence Day 4 th of July

Thanksgiving Day 4 th Thursday in November

Christmas Day 25 th of December

NOTE: The Commander, 386 AEW, will determine the actual day of observance. This does not entitle the contractor to these as non-work days.

KUWAIT HOLIDAYS

This base acknowledges the following holidays:

Ramadan 01 August – 31 August (approximately)

Eid Al Feter 27 August – 03 September (approximately)

Eid Al Adha 04 November – 09 November (approximately)

Independence Day 25 February (approximately)

Liberation Day 26 February (approximately)

NORMAL WORK HOURS

Normal work hours at Ali Al Salem Air Base are from 7:00 am to 5:00 pm, Monday through Sunday, excluding holidays. Access to work sites may be restricted to these hours and days. Work that requires inspection during accomplishment or that prevents inspection of previous work after accomplishment normally will not be allowed during other than normal work hours specified above. The Contracting

Officer must approve work during other than normal hours. Requests must be submitted in writing, 48 hours in advance and shall include proposed work hours and outline specific work to be performed.

FAR 52.211-10 -- Commencement, Prosecution, and Completion of Work (Apr 1984)

The Government will issue two (2) Notices to Proceed (NTPs) after the contract is awarded. The first

NTP will be issued within ten (10) calendar days after contract award and requires the contractor to submit base access badge paperwork. The second NTP will be issued within thirty (30) calendar days after contract award and requires the contractor to begin physical site work for the project.

The Contractor shall be required to:

(a) commence work under this contract within _10_ calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than _72 CALENDAR DAYS ARFTER RECEIVING

THE SECOND NOTICE TO PROCEED (NTP)_. The time stated for completion shall include final cleanup of the premises.

FAR 211-12 -- Liquidated Damages -- Construction (Sept 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 KWD 183.148 for the FIRST DAY of liquidated damages, and KWD 158.591 for each subsequent calendar day of delay until the work is completed or accepted.

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

(End of Clause)

FAR 52.211-13 -- Time Extensions (Sept 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

(End of Clause)

Suspension of Work (Apr 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted

(1) by an act of the Contracting Officer in the administration of this contract, or

(2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract

(excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the

Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed --

(1) For any costs incurred more than 20 days before the Contractor shall have notified the

Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of Clause)

FAR 52.242-15 -- Stop-Work Order (Aug. 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the

Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either --

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for

Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the

Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the

Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of Clause)

FAR 52.242-17 -- Government Delay of Work (Apr 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted

(1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or

(2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly.

Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed --

(1) For any costs incurred more than 20 days before the Contractor shall have notified the

Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

Special Contract Requirements

Section H – Special Contract Requirements

H-1 COORDINATION OF WORK WITH OTHER CONTRACTS

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with

Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting

Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

H-2 GOVERNING LAW

This contract shall be construed and interpreted in accordance with the substantive laws of the United

States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United

States Court of Federal Claims for the hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

H-3 SECURITY / PASS REQUIREMENTS

(a) The contractor shall follow existing security procedures and instructions applicable to Ali Al Salem

AB, Kuwait. Contractor personnel working on Ali Al Salem Air Base shall posses a valid “Red Badge” for Ali Al Salem (American pass requirement requiring registration in DBIDS), and hold a current Kuwait

Pass necessary to gain access to the front Gate. The U.S. shall not be liable for delays caused by inaccessibility through the Kuwaiti Gate.

(b) The contractor shall submit AFCENT Installation Access Application to the Contracting Officer and

Engineering Assistant within 5 calendar days after receipt of “Notice of Contract Award”. The contractor is also required to complete AFCENT Installation Access Application for all employees entering

AASAB. Once the application is complete all contractor employees must then register within the Defense

Biometric Identification System (DBIDS) and receive a DBIDS “Red” badge.

(c) The contractor shall submit properly completed pass request applications (for DBIDS and Kuwaiti passes) to the Engineering Assistant within 5 calendar days after receipt of “Notice of Contract Award”.

The pass request applications require coordination with the Host Nation Liaison. The U.S. Air Force shall not be liable for delays resulting from Kuwaiti pass coordination/approval. Contractor shall be liable for completing all requirements within the specified time frames. Therefore, it is imperative for the pass applications be completed correctly. No extensions on work will be granted due to delays from

Kuwaiti pass coordination/approval. Contracts with length greater than 30 days shall require a KMOD J2 pass for ALL workers to satisfy the Kuwaiti pass requirement.

(d) The work site is located in a restricted or controlled area. The contractor may therefore experience delays due to compliance with entrance/exit requirements of restricted/controlled areas. The maximum amount of delay should not exceed four (4) hours per occurrence.

(e) The host Nation base will not grant access for individuals of the following nationalities: IRAN, CUBA, LIBYA, SYRIA, AND SUDAN.

H-4 ESCORTS

Upon entry through the US Air Force Ali Al Salem Gate, contractor personnel are required to be in the presence of a military escort at all times. The contractor shall comply with escort directions. The U.S.

Air Force shall provide escorts, provided the contractor makes the proper coordination discussed below.

Initial contractor personnel/escort requirements shall be discussed at the Pre-construction Conference.

The contractor shall notify the designated Project Inspector (or Contracting Officer

Representative, COR) 48 hours in advance of any new/revised personnel/escort requirements. The contractor shall notify the designated Project Inspector/COR 24 hours in advance of any change in time that the escorts shall meet the contractor and/or when the number of contract workers increases or decreases. The contractor will not be able to start work until escort arrangements are made. The U.S. Air Force shall not be liable for delays caused by the contractors’ failure to follow the above notification requirements.

H-5 SECURITY / SEARCH

(a) Upon entry through the Ali Al Salem Gate, contractor personnel and vehicles shall process through the search area.

(b) Materials including but not limited to concrete, asphalt, asphalt emulsions, and water require search and surveillance by U.S. Air Force personnel from the point of origin to the search area inside the Ali Al

Salem Gate. The contractor shall notify the designated Project Inspector/COR TWO (2) days in advance of the scheduled delivery. The contractor shall immediately notify the Project

Inspector/COR of changes. Changes shall require an additional TWO (2) days advance notice for

Government personnel coordination. The U.S. Air Force shall not be liable for delays resulting from the contractor’s failure to follow the above notification requirements or supplier/contractor delivery changes.

(c) All vehicle and trailer compartments shall allow for a complete visual inspection. All tanks and all baffled sections shall have a minimum 3 ft / .91meter diameter visual inspection port. Equipment not meeting the above requirements shall not be allowed entry onto AASAB. The U.S. Air Force shall not be liable for delays caused by equipment not meeting the above requirements.

(d) TELEPHONE USE PROHIBITION: Contractor personnel working on Ali Al Salem Air Base are prohibited from using telephone instruments, (to include but not limited to, cell, mobile, land line and satellite phones, fax machines, and pagers) without expressed written-approval from the Contracting

Officer and 386 ECES Commander.

(e). The below list of items have been identified as contraband and may not be carried onto the installation by non-DoD contractors and/or TCNs without written authorization from the Contracting

Officer or Requesting Agency’s Commander and approved by the 386 ESFS Commander. The Contractor is required to inform all employees of these restrictions. Those found attempting to bring contraband on base (Contractor or any of their employees) may result in the individual or company being barred from base. Any delay of work resulting from debarment will be at the Contractors expense.

Ammunition

Beepers/Pagers

Bottled Fuel

Cameras, Recording Devices (Both Audio and Video)

Cellular Telephones

Electronic Storage Devices (Memory Cards, Hard/Thumb Drives, Sim Cards)

Explosives

Illegal Drugs (i.e. not prescription)

Laptop Computers

Mobile Radios

Tools (Not required for contracted duties)

US Military Uniforms

Weapons (i.e. knives with a blade exceeding 3 inches in length)

Writing Materials (i.e. Pens/Pencils/Paper)

*List is subject to change as required by the 387 AEG and United States Air Force

H-6 CONSTRUCTION PERMIT

Prior to beginning of any excavation, which may be required under this contract, the contractor shall obtain a Base Civil Engineering Work Clearance Request, AF Form 103, from the Civil Engineering

Construction Management Section. Seven (7) working days are required for Government processing of the construction permit. Forms can be requested free of charge, and will be provided in electronic format whenever possible.

H-7 UTILITIES

(a) For the purpose of this contract, where available, utilities, construction water, electricity, etc., will be furnished at no cost to the Contractor. The Contractor will be required to participate in all energy conservation programs.

(b) The contractor shall notify the designated Project Inspector/COR 24 hours in advance of construction water requirements. The contractor shall furnish all equipment, material, and labor necessary to obtain and deliver water to the work site(s). The U.S. Air Force shall not be liable for delays caused by the contractor’s failure to follow the above notification requirements.

(c) The contractor shall be responsible for providing ample drinking water for their personnel, subcontractors, and any other non Department of Defense personnel linked to the project in any way.

H-8 DAMAGE TO UTILITIES

In the event of a contractor caused utility failure/disruption, the Contractor will first make the area safe, then immediately contact the Civil Engineer Project Inspector and Contracting Officer. If the damaged utilities were previously known or shown to the contractor, or there is negligence on his part, the utilities will be repaired by the contractor in a timely manner at no cost to the government. If the damaged utilities were not previously known or shown to the contractor and there is not negligence on his part, they will be repaired at government expense.

H-9 MATERIAL APPROVAL SUBMITTAL FORM (AF FORM 3000)

Within 15 calendar days after receipt of Notice to Proceed or as otherwise established by the contracting officer, all material and articles requiring approval, as contemplated by the Materials and

Workmanship Clause, shall be submitted by the contractor using AF Form 3000. AF Form 3000 will be provided to awardee in the Pre-Construction Conference. Any submission that differs from the contract specifications shall be annotated clearly and completely documented on the AF Form 3000.

See Technical Specification, Submittal Procedures and the Submittal Register for a listing identifying submittal requirements. Within five (5) calendar days after issuance of Notice to Proceed (NTP), the contractor shall submit the Submittal Register to the Contracting Officer with submission dates identified for each line item identified on the Submittal Register.

H-10 AS-BUILT DRAWINGS

The Contractor shall maintain one set of drawings at the work site and record all changes and hidden or subsurface data discovered during construction. All changes which transpire during the contract shall be included on this copy in ink, and shall be neat, legible, reproducible, and consistent with the drawings' drafting standards. The As-Builts will be given to the Contracting Officer prior to the final inspection.

H-11 ENGLISH SPEAKING SITE SUPERVISOR

Contractor shall have a Site Supervisor that can read, speak and write fluently in English or in absent of

Site Supervisor shall have such an individual on site.

H-12 ENVIRONMENTAL IMPACT/COMPLIANCE WITH APPLICABLE

FEDERAL, STATE, AND LOCAL REQUIREMENTS

All waste materials generated by work under a contract performed on a Government installation shall be handled, transported, stored, disposed of, and treated by the contractor and any subcontractor in accordance with all applicable federal, state, and local laws, ordinances, regulations, executive orders, agency rules or order, court orders, or any other types of rules or rulings having the effect of the law. In performing work under this contract, the contractor shall comply with all other relevant federal, state and local statutes, ordinances, regulations, executive orders, agency rules or orders, court orders or any other rules or rulings having the effect of law. Contractor shall be liable for all cost incurred as a result of his failure to perform in accordance with the performance work statement; contract; and federal, state, and local environmental compliance regulations or any other types of rules or rulings having the effect of the law.

H-13 WORKING IN AN EXPLOSIVE SAFETY CLEAR ZONE

(a) You may be working in an explosive safety clear zone. This means there are U.S. military personnel working with explosives closer than normally recommended from your location.

(b) In the event of a catastrophic explosion you may be exposed to the possibility of injury or death.

Your risks are very slight, however, AFMAN 91-201 requires we inform you of the hazards associated with working near explosives.

(c) Use the following guidelines when working in explosive clear zones.

(1) Stay clear of all explosive operations and explosives storage locations.

(2) Smoking is allowed only in specially designated and posted “authorized smoking areas”. Please ensure smoking is authorized before lighting up.

(3) Keep heat-producing devices at least 100 feet from all explosive locations.

(4) If you discover unexploded ordnance (UXO), immediately evacuate the area and call mobile #

457-0324. DO NOT USE CELL PHONES OR HAND HELD RADIOS UNTIL YOU ARE AT

LEAST 100 FEET (35 METERS) AWAY! DO NOT DISTURB SUSPICIOUS ITEMS! MARK

THEM AS BEST AS YOU CAN BEFORE EVACUATING! Most UXOs are metal and have a cylindrical or cigar shape.

Clauses Incorporated by Full Text

FAR 52.236-8 -- Other Contracts -- (Apr 1984)

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with

Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting

Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

SECTION I - CONTRACT CLAUSES

Section I Clauses

Section I – Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

FAR 52.203-12 Limitation on Payments to Influence Certain Federal

Transactions

Oct 2010

FAR 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

FAR 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

Aug 2012

FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment

Dec 2010

FAR 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

May 2012

FAR 52.215-8 Order of Precedence – Uniform Contract Format Oct 1997

FAR 52.222-1 Notice to the Government of Labor Disputes Feb 1997

FAR 52.222-50 Combating Trafficking in Persons Feb 2009

FAR 52.223-3 Hazardous Material Identification and Material Safety Data Jan 1997

FAR 52.223-6 Drug-Free Workplace May 2001

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging

While Driving

Aug 2011

FAR 52.225-13 Restrictions on Certain Foreign Purchases Jun 2008

FAR 52.225-14 Inconsistency Between English Version and Translation of

Contract

Feb 2000

FAR 52.232-5 Payments Under Fixed-Price Construction Contracts Sep 2002

FAR 52.232-27 Prompt Payment for Construction Contracts Oct 2008

FAR 52.233-1 Disputes Jul 2002

FAR 52.233-3 Protest After Award Aug 1996

FAR 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004

FAR 52.236-2 Differing Site Conditions Apr 1984

FAR 52.236-3 Site Investigation and Conditions Affecting the Work Apr 1984

FAR 52.236-5 Material and Workmanship Apr 1984

FAR 52.236-6 Superintendence by the Contractor Apr 1984

FAR 52.236-7 Permits and Responsibilities Nov 1991

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

Apr 1984

FAR 52.236-10 Operations and Storage Areas Apr 1984

FAR 52.236-11 Use and Possession Prior to Completion Apr 1984

FAR 52.236-12 Cleaning Up Apr 1984

FAR 52.236-15 Schedules for Construction Contracts Apr 1984

FAR 52.236-17 Layout of Work Apr 1984

FAR 52.236-21 Specifications and Drawings for Construction Feb 1997

FAR 52.236-26 Preconstruction Conference Feb 1995

FAR 52.243-5 Changes and Changed Conditions Apr 1984

FAR 52.244-6 Subcontracts for Commercial Items Dec 2010

FAR 52.246-21 Warranty of Construction Mar 1994

FAR 52.253-1 Computer Generated Forms Jan 1991

DFARS 252.201-7000 Contracting Officer’s Representative Dec 1991

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

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

Sep 2011

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights Jan 2009

DFARS 252.204-7003 Control of Government Personnel Work Product Apr 1992

DFARS 252.204-7008 Export-Controlled Items Apr 2010

DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country

Dec 2006

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

DFARS 252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous

Materials

Apr 2012

DFARS 252.225-7041 Correspondence in English Jun 1997

DFARS 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

Mar 2006

DFARS 252.232-7008 Assignment of Claims (Overseas) Jun1997

DFARS 252.232-7010 Levies on Contract Payments Dec 2006

DFARS 252.233-7001 Choice of Law (Overseas) Jun1997

DFARS 252.247-7023 Transportation of Supplies by Sea May 2002

AFFARS 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances

(ODS)

Nov 2012

FAR 52.232-34 -- Payment by Electronic Funds Transfer--Other Than Central Contractor

Registration (May 1999)

(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 (hereafter:

``designated office'') by _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)

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 this/these address:

http://farsite.hill.af.mil/

(End of Clause)

DFARS 252.225-7993 – Prohibition on Contracting with the Enemy in the United States Central

Command Theater of Operations (Deviation 2012-O0005) (Jan 2012)

(a) The Contractor is required to exercise due diligence to ensure that none of the funds received under this contract are provided, directly or indirectly, to a person or entity who is actively supporting an insurgency or otherwise actively opposing U.S. or coalition forces in a contingency operation.

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

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

(2) Void this contract, in whole or in part, if the HCA determines in writing that any funds received under this Contract have been provided, directly or indirectly, to a person or entity who is actively supporting an insurgency or otherwise actively opposing U.S. or coalition forces in a contingency operation.

(End of clause)

DFARS 252.225-7994 – Additional Access to Contractor and Subcontractor Records in the United

States Central Command Theater of Operations (Deviation 2012-O0005) (Jan 2012)

(a) In addition to any other existing examination-of-records authority, the Department of Defense is authorized to examine any records of the Contractor to the extent necessary to ensure that funds available under this Contract are not—

(1) Subject to extortion or corruption; or

(2) Provided, directly or indirectly, to persons or entities that are actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation.

(b) The substance of this clause, including this paragraph (b), is required to be in subcontracts under this

Contract that have an estimated value over $100,000.

(End of clause)

AFFARS 5352.201-9101 Ombudsman (APR 2010)

(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 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, concerned parties may contact the following:

Center/MAJCOM or AFISRA ombudsmen:

Deputy Chief, Contracting Division

ACC/A7K

DSN: (312)574-5371

Commercial: 011-965-757-764-5371

Email: eric.thaxton@langley.af.mil

Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU or

ARISRA level, may be brought by the concerned party for further consideration to the following:

Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting):

SAF/AQC

1060 Air Force Pentagon

Washington DC 20330-1060

Commercial: (703) 588-7004

Facsimile: (703) 588-1067

(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.

SECTION J - LISTING OF ATTACHMENTS

FA5703-13-R-0004

(End of Clause)

Attachment Number Title of Attachment Date of the Attachment Number of Pages

1 Statement of Work 30-Oct-2012 24 2 Ali Al Salem AB General Paving Standards &

Specs 01-Nov-2011 149

3 AF Form 66 28-Nov-2012 1 4 AF Form 3064 28-Nov-2012 2 5 Figures 30-Oct-2012 5 6 Taxiway Alpha Marked Diagram 28-Nov-2012 1 7 Taxiway Alpha Marked Aerial Photo 28-Nov-2012 1 8 U.S. Federal Specification TT-B1325C 01-Jun-1993 8 9 U.S. Federal Specification TT-P-1952D 07-Jan-1994 13 10 AFI 32-1042 27-Oct-2005 11 11 ETL 94-1 14-Jun-1991 19 12 FAA AC 150-5370 29-Sep-2011 58 13 Past Performance Questionaire 30-Nov-2012 4

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

Reps & Certs

Section K – Representations, Certification, and Other Statements of Offerors

PROVISIONS INCORPORATED BY REFERENCE

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence

Certain Federal Transactions

Sep 2007

FAR 52.209-2 Prohibition on Contracting With Inverted Domestic

Corporations – Representation

May 2011

FAR 52.225-25 Prohibition on Contracting with Entities Engaging in

Sanctioned Activities Relating to Iran – Representation and

Certification

Nov 2011

FAR 52.236-28 Preparation of Proposals – Construction Oct 1997

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

Nov 2011

DFARS 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

Jan 2009

PROVISIONS INCORPORATED BY FULL TEXT

FAR 52.204-3 -- Taxpayer Identification (Oct 1998)

(a) Definitions.

“Common parent,” as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

“Taxpayer Identification Number (TIN),” as used in this…