FA6656-12-R-0003.doc

Section B - Supplies or Services and Prices

SABER Construction - Base Period

FFP

Period of Performance for this line item is from 1 July 2012 to 30 June 2013..

The Contractor shall provide all labor, equipment, materials, transportation, supervision, administration, testing., etc., necessary to complete maintenance, repair, and minor construction services during standard and non-standard working days/hours in accordance with the SABER Specifications, Unit Price Book (RS Means E4Clicks), and Schedule B, Coefficient Schedule at the Youngstown Air Reserve Station, Vienna OH 44473 (Trumbull County).

The ordering period within which to issue delivery or task orders is shown above. The individual delivery or task orders issued against the contract shall be at the national average bare costs specified in the SABER Unit Price Book and/or the negotiated non-prepriced items (NPI) bare costs multiplied by the appropriate coefficient shown in the Coefficient Schedule.

FOB: Destination

SIGNAL CODE: A

NET AMT

FFP

Period of Performance for this line item is from 1 July 2013 to 30 June 2014.

The Contractor shall provide all labor, equipment, materials, transportation, supervision, administration, testing., etc., necessary to complete maintenance, repair, and minor construction services during standard and non-standard working days/hours in accordance with the SABER Specifications, Unit Price Book (RS Means E4Clicks), and Schedule B, Coefficient Schedule at the Youngstown Air Reserve Station, Vienna OH 44473 (Trumbull County).

The ordering period within which to issue delivery or task orders is shown above. The individual delivery or task orders issued against the contract shall be at the national average bare costs specified in the SABER Unit Price Book and/or the negotiated non-prepriced items (NPI) bare costs multiplied by the appropriate coefficient shown in the Coefficient Schedule.

NET AMT

FFP

Period of Performance for this line item is from 1 July 2014 to 30 June 2015.

The Contractor shall provide all labor, equipment, materials, transportation, supervision, administration, testing., etc., necessary to complete maintenance, repair, and minor construction services during standard and non-standard working days/hours in accordance with the SABER Specifications, Unit Price Book (RS Means E4Clicks), and Schedule B, Coefficient Schedule at the Youngstown Air Reserve Station, Vienna OH 44473 (Trumbull County).

The ordering period within which to issue delivery or task orders is shown above. The individual delivery or task orders issued against the contract shall be at the national average bare costs specified in the SABER Unit Price Book and/or the negotiated non-prepriced items (NPI) bare costs multiplied by the appropriate coefficient shown in the Coefficient Schedule.

NET AMT

FFP

Period of Performance for this line item is from 1 July 2015 to 30 June 2016.

The Contractor shall provide all labor, equipment, materials, transportation, supervision, administration, testing., etc., necessary to complete maintenance, repair, and minor construction services during standard and non-standard working days/hours in accordance with the SABER Specifications, Unit Price Book (RS Means E4Clicks), and Schedule B, Coefficient Schedule at the Youngstown Air Reserve Station, Vienna OH 44473 (Trumbull County).

The ordering period within which to issue delivery or task orders is shown above. The individual delivery or task orders issued against the contract shall be at the national average bare costs specified in the SABER Unit Price Book and/or the negotiated non-prepriced items (NPI) bare costs multiplied by the appropriate coefficient shown in the Coefficient Schedule.

NET AMT

FFP

Period of Performance for this line item is from 1 July 2016 to 30 June 2017.

The Contractor shall provide all labor, equipment, materials, transportation, supervision, administration, testing., etc., necessary to complete maintenance, repair, and minor construction services during standard and non-standard working days/hours in accordance with the SABER Specifications, Unit Price Book (RS Means E4Clicks), and Schedule B, Coefficient Schedule at the Youngstown Air Reserve Station, Vienna OH 44473 (Trumbull County).

The ordering period within which to issue delivery or task orders is shown above. The individual delivery or task orders issued against the contract shall be at the national average bare costs specified in the SABER Unit Price Book and/or the negotiated non-prepriced items (NPI) bare costs multiplied by the appropriate coefficient shown in the Coefficient Schedule.

NET AMT

B-001. CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

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

MINIMUM MINIMUM

MAXIMUM MAXIMUM

QUANTITY AMOUNT

QUANTITY AMOUNT

Contractor A

UNDEFINED

$100,000.00

UNDEFINED

$12,500,000.00

Contractor B

UNDEFINED

$100,000.00

UNDEFINED

$12,500,000.00

TOTAL AMOUNT

$25,000,000.00

B-002 COEFFICIENTS

(a) The purpose of applying the coefficients to direct costs, national average bare costs as obtained from the Unit Price Book, and/or negotiated bare costs of non-Unit Price Book (non-prepriced) items, is to compensate the Contractor for all indirect costs and profit for performance.

(b) The offeror’s/contractor’s coefficients (in percentage format, no more than 2 decimal places) shall contain any/all applicable profit and burden costs such as, but not limited to, bond premiums; insurance; computer system, software and support costs; compliance with environmental and safety laws/regulations, taxes, overhead, general and administrative expense and any/all other associated indirect costs required to perform the work. SABER unit prices are for materials in place (FOB Destination) and, unless otherwise specified, include materials, labor and equipment.

(c) Task order prices will be based on negotiated quantities times the total of the current established prices in the R.S. Means database bare cost column (which means no markup for overhead and profit (O&P)) times the current City Cost Index (weighted average percentage) for Youngstown Ohio 44473. After the City Index has been applied, this amount will then be multiplied by the co-efficient proposed for the applicable category. Any non-priced items will then be added on to the total to arrive at the total task price for a unit of work. Example : Total amount of R.S. Means items (Base) $1000.00 X Youngstown City Index .958 = $958 X Coefficient of .98 = $938.84 + any non-priced items ($20) = $958.84.

(d) The R.S. Means data is updated annually. Except as otherwise authorized herein, the R.S. Means annual update shall provide the only economic price adjustment under the contract. The pricing coefficients are not subject to economic price adjustment and shall remain unchanged for the existing terms and conditions of the contract.

(e) The categories of pricing coefficients in this contract are based on a combination of standard and non standard work hours and size of project. If a task order includes work that has more than one pricing coefficient category, the work will be prorated and the applicable coefficient applied to its portion of the direct costs.

B-003 COEFFICIENT SCHEDULE

Contractor shall insert proposed coefficient rates for the Base and Four (4) option years to furnish all plant, labor, equipment, materials, transportation, supervision, administration and all else necessary to perform all work required by this Indefinite-Delivery, Indefinite Quantity (IDIQ) type contract for Simplified Acquisition of Base Engineering Requirements (SABER). The ordering period within which to issue task orders shall be from date of award for a period of one year, unless extended by exercise of an option. The individual task orders issued against the contract shall be at the prices specified in MEANS/E4-Clicks and the non-priced items (NPI) multiplied by the appropriate coefficient as follows:

Standard Work Hours, Under $100,000

(Estimated at 4% of all work.)

Non-Standard Work Hours, Under $100,000

(Estimated at .5% of all work.)

Standard Work Hours, Between $100K and $250K

(Estimated at 12% of all work.)

Non-Standard Work Hours, Between $100K and $250K

(Estimated at .5% of all work.)

Standard Work Hours, Over $250K

(Estimated at 81% of all work.)

Non-Standard Work Hours, Over $250K

(Estimated at 2% of all work.)

Section C - Descriptions and Specifications

SPECIFICATIIONS

C-001. STATEMENT OF WORK (SOW), Dated 27 April 2012, SECTION J, Attachment 1.

C-002. SPECIFICATIONS:

(a) The intent of the specifications is to furnish concise industrial and/or commercial standards for construction, maintenance, repair and alteration of Government facilities.

(b) Construction Specifications Institute (CSI) Master Format, 2004; revised Specification Sections included in the Statement of Work (SOW) listed in Section J, NFPA 52 Standards (NFC), UL Requirements, Uniform Building Code, National Electric Code, and county, state and federal standards, codes and laws; supplements provided herein by the Government, shall be the standard for performance of any task order issued under this contract. The Contractor shall provide the CSI Master Format Specifications (see Paragraph H-002). Any additional specifications, codes, standards, etc., to be utilized for a particular project, shall be enumerated in the statement of work and/or delivery order for that project. Contractor is responsible for obtaining copy of specifications, standards, codes, manufacturers recommendations, etc.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

30-JUN-2013

ROBERT WOODS

3976 KING GRAVES ROAD

UNIT 5937

VIENNA OH 44473

330-609-1061

F5Q337

01-JUL-2014

F5Q337

30-JUN-2015

F5Q337

30-JUN-2016

F5Q337

30-JUN-2017

F5Q337

CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

Youngstown ARS 2

WIDE AREA WORK FLOW – RECEIPT AND ACCEPTANCE (WAWF-RA)

ELECTRONIC RECEIVING REPORT AND INVOICING INSTRUCTIONS IN ACCORDANCE WITH DFARS 232.7002, USE OF ELECTRONIC PAYMENT REQUESTS IS MANDATORY. USE OF WAWF WILL SPEED UP YOUR PAYMENT PROCESSING TIME AND ALLOW YOU TO MONITOR YOUR PAYMENT STATUS ONLINE. THERE ARE NO CHARGES OR FEES TO USE WAWF.

Requests for payments must be submitted electronically via the Internet through the Wide Area Work Flow – Receipt and Acceptance (WAWF-RA) system at https://wawf.eb.mil.

You can access payment information using the DFAS MyInvoice web site at http://www.dod.mil/dfas/contractorpay/myinvoice.html. Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Limestone/Omaha at (800) 756-4571, Option 2, Option 3. Please have your purchase order number and invoice number ready when contacting DFAS about payment status.

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR INVOICE/RECEIVING REPORT.

CONTRACT NUMBER: FA6656

DELIVERY ORDER NUMBER:

TYPE OF DOCUMENT: FORMDROPDOWN

CAGE CODE:

ISSUE BY DODAAC: FA6656

ADMIN DODAAC: FA6656

SERVICE ACCEPTOR/SHIP TO CODE: F5Q337

LOCAL PROCESSING OFFICE: Leave Blank

PAY OFFICE DODAAC: FORMDROPDOWN

Section H - Special Contract Requirements

H-001 ORDERING PROCEDURES

Delivery Order Procedures:

Each proposal shall be prepared and submitted in accordance with the basic contract Statement of Work, Date 27April 2012. Additionally these procedures shall be followed when initiating and awarding task orders:

A. Request for Proposal (RFP):

For each task order the Contracting Officer will furnish the contractors with one copy of the request for proposal which lists all due dates and pertinent information pertaining to the task order. The contractors shall arrange to visit the site within three (3) business days of receiving the RFP to verify site conditions and obtain sufficient information to prepare a competitive proposal for the Government’s evaluation.

B. Statement of Work:

For each task order, the contractors will be furnished one copy of the task order statement of work. Packages provided by the Government may be anywhere from a basic concept to a complete design package. The contractors shall verify all contents to ensure accuracy.

C. Delivery Order Award Process: All Task Orders as defined in this contract will be formally executed by the issuance of a form DD 1155 Order for Supplies or Services. Generally, Lowest Price Technically Acceptable (LPTA) will be used in determining task order award, unless the Contracting Officer states otherwise in the RFP. The contractor shall comply with all appropriate requirements as follows:

1. Selection of Contractor. When the government requires work under this contract, a Request for Proposal (RFP) shall be issued.

a. In accordance with FAR 16.505(b) awardees will be given fair opportunity to be considered for each task order awarded, unless an exception applies as noted in 16.505(b)(2).

b. To ensure fair opportunity is given, the contracting officer will include price and other evaluation factors in reaching a best value determination for the government for each task order awarded under this contract

2. Task Order General Submission Instructions. Contractor shall submit at a minimum with each RFP the following:

a. Conceptual Drawings in sufficient detail to show basic project strategies and determine required material and equipment quantities.

b. Specification division and section number applicable to the task order.

c. Proposed construction performance period required to complete the work to include critical path construction schedule for time sensitive tasks for complex tasks as determined by the Contracting Officer.

d. Completed AF Form 66 , Schedule for Material Submittals, listing the submittal items the contractor has determined appropriate for the task order. The Government may add or delete submittal items at is discretion and return the AF Form 66 to the contractor. The final negotiated AF Form 66 will be incorporated into the task order.

e. A detailed cost proposal identifying tasks and defining the quantity of required items using the RS Means will be submitted and agreed upon by both the contractor and the government. Then the current City Cost Index for Youngstown, Ohio will be applied to those agreed upon costs. Subsequently, the contractor’s applicable coefficient(s) would be applied next to calculate the total price for the Task Order. If the Contracting Officer directs work during non-standard hours, the appropriate non-standard hour coefficient(s) will be applied to the items for with the work was directed.

f. Non Price Items.

i. Any item of work not found in the UPB, but required under an individual task order shall be negotiated by the Contracting Officer as a Non-Priced Item. A onetime use of the NPI will be the “in place” price to include material, equipment, labor, overhead, and profit.

ii. NPIs that are used more than once shall include direct costs only. The coefficient shall be applied to the negotiated NPI cost.

iii. NPIs that are used more than once and are projected to be used throughout the life of the contract shall be negotiated and incorporated into the UPB by written modification.

iv. The contractor shall track the total non-priced dollar percentage for each task order and shall clearly indicate the percentage on each proposal wherein it is contained.

v. If the contractor’s task order proposal includes any NPIs, those items shall be separately identified and priced. Proposed NPI pricing shall be documented by supporting documentation as required by the Contracting Officer.

g. The contractor shall submit any other requested documents, drawings, or information as specified by the Contracting Officer in the letter RFP.

h. The Contracting Officer may indicate a deviation from the Delivery Order General Submission Instructions. In such cases, the RFP shall clearly state the submission requirements for that delivery order. The deviation from normal submission procedures outlined in the delivery order RFP shall only be valid for that RFP.

3. Delivery Order Evaluation Factors.

a. Price. Contractors shall prepare each proposal using cost proposal procedures outlined in 2 e. of this section. The government will evaluate the total price for all CLINs specified in the delivery order. Offerors may propose lower coefficients than those established in the basic contract. Coefficients cannot exceed those established in the basic contract.

b. Current and past performance. The government may consider performance on prior task orders after six months of demonstrated performance on this contract. Performance considerations may include quality of work, customer satisfaction, timeliness of prior task orders, capacity to perform, subcontracting considerations, and any other relevant performance considerations.

4. Offeror’s proposal. The Contractor shall, within the time specified in the delivery order RFP, provide the Contracting Officer with the number of hard copies and electronic copies of the proposal as requested in the RFP. Time for submittal of the Offeror’s proposal for each individual requirement will be determined by the Government, but will normally be:

a. 10 working days for routine delivery orders.

b. 5 working days for quick response delivery orders.

H-002. CONTRACTOR-FURNISHED COMPUTER EQUIPMENT/SOFTWARE:

(a) The Contractor shall provide, utilize, and maintain, for the duration of the contract, for his use, the proper computer system, (equipment, components, cabling, wiring, modem, printer, hardware, software, etc.) needed to run/utilize the software and or to prepare and provide the documentation, files, or other items required under this contract. The Contractor’s system(s) shall be in operation not later than 10 calendar days after contract award.

(1) Operating System should be Microsoft PC compatible. It is the Contractors responsibility to have an operational office set-up to access the programs and databases for cost estimates, specifications, and Means database and to allow for submission of these items to the Contracting Officer electronically.

(2) Contractor should have Internet access/use and capability to submit documentation electronically.

Electronic submission shall be to the email address provided by the Contracting Officer.

(b) Computer Software: The Contractor, at his own expense, shall provide his own copy/copies with seats/authorizations, of the prescribed pricing, operating system and office software; contractor shall provide

Government copy/copies with seats/authorizations, including the applicable owner/user manuals for each copy, of the software enumerated herein. The Contractor shall obtain and utilize annual updates/versions by 15 Jan of each year the contract is in effect.

(1) RS Means Electronic Estimating Program - 4Clicks Software and Services (software). The Contractor shall provide the current annual concurrent seats and resulting Government right to access and use the Server/Client version of the software by Jan 15 of each year the contract is in effect. The concurrent seating/authorization documentation shall be provided the Contracting Officer via AF 3000 submittal package. The Contractor shall provide a total of nine (9) concurrent seats of E4Clicks Premier Project Estimator in the titles listed below; these licenses/authorizations shall be issued to and become the property of the Government for use by Government personnel only. Contractor shall also provide, via AF 3000 submittal package, three (3) each paper/book copies of the three R.S. Means Cost Books listed in bold font below. These paper/book copies shall become the property of the Government for use by Government personnel only. Software shall provide access to the following two R.S. Means Electronic Data and Books:

(a) Building Construction Cost Data

(b) Assemblies Cost Data

(c) Concrete & Masonry Cost Data

(d) Electrical Cost Data

(e) Facilities Construction Cost Data

(f) Heavy Construction Cost Data

(g) Interior Cost Data

(h) Mechanical Cost Data

(i) Open Shop Building Construction Data

(j) Plumbing Construction Cost Data

(k) Facilities Maintenance and Repair Data

(l) Site Work and Landscape Cost Data

The software shall provide the means/process to add negotiated non-pre-priced items to the database; shall be able to link the technical specifications with the unit price line items of the delivery orders; and provide mean/process to summarize the differences on a line-item-by-line-item basis or by construction division basis. The database spreadsheet shall be in e4Clicks. NOTE: The database spreadsheet for the instant acquisition only may be in e4Clicks, Microsoft Excel format, or other comparable format approved by the Contracting Officer.

(2) CSI Format Specifications. Within fifteen (15) calendar days after receipt of contract award, the contractor shall provide, via AF3000 submittal package, one copy (CD) of the Construction Standards Institute

(CSI) 2004 Master Format Specifications, 50 Divisions, or online license, with multiple user (minimum of nine-user) licenses. Contractor is responsible for providing program updates, patches, upgrades, etc., as issued by the software manufacturer/publisher/provider. Contractor shall provide the Government with patches/fixes within five (5) calendar days of issuance by the software manufacturer/publisher/provider and current version/edition of the software at time of exercise of options, throughout the contract term.

(c) Contractor shall be reimbursed for the actual cost of the items to be supplied under Paragraph H-002. The actual costs shall be included in a delivery order issued after the provision of the items to the Government and provision of evidence of actual costs, such as the suppliers invoice for the items. The coefficient shall not be applied/added to these actual costs.

CLAUSES INCORPORATED BY FULL TEXT

Conformance with Environmental Management Systems while working on Government Facilities.

EMS Awareness Training is a mandatory requirement in order to perform work on Youngstown Air Reserve Station. This training will be provided by YARS using a CD-Rom video. The Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the Environmental Management System and how these requirements affect their work performed under this contract. This is a requirement for all employees performing on-site work on YARS, to include all subcontractors, and is required prior to the beginning of work. For new employees, they will be required to receive the training within 30 days of start of performance on YARS. The prime contractor is responsible for ensuring the training is completed and for providing documentation to the contracting office stating that this has been completed prior to the beginning of work.

The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility environmental management system (EMS) applicable for your contract. The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the agency, organizational, or facility EMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the EMS Site Coordinator.

Also note this training does not exclude the need for all on-site contractor personnel to complete yearly EPA sponsored environmental training specified for the type of work conducted at YARS.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the number of days specified in the individual delivery order. The time stated for completion shall include final cleanup of the premises.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount specified in each delivery order for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract award through twelve months, or otherwise as extended by the exercise of option(s).

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

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $2,000,000;

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

(3) A series of orders from the same ordering office within five days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(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) above.

(d) Notwithstanding paragraphs (b) and (c) above, 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 five calendar 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)

52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) 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 31 Dec 2017.

(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 last day of the period of performance of any task order issued under this contract.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.219-17 SECTION 8(a) AWARD (DEC 1996)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements and advance payments, delegates to the 910 CONF, Contracting Officer the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the 910th Operational Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.

The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the 910th Operational Contracting Office..

52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN 2003)--ALTERNATE I (APR 2005)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer--

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(3) The offeror's approved business plan is on the file and serviced by either the SBA Cleveland or Pittsburgh district office .

(b) By submission of its offer, the Offeror certifies that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The__Contractor’s Name____ will notify the 910th Operational Contracting Office, Youngstown Air Reserve Station Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 236220 - assigned to contract number FA6656-11-D-000X.

Signature: _____________________________________________

Date: _________________________________________________

Firm Name and Address: _________________________________________________

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with

29 CFR…