Solicitation.doc

Section SF 30 - BLOCK 14 CONTINUATION PAGE

BID NOTES

1) A Firm-Fixed Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) Contract will result from this solicitation. Minimum guaranteed amount of $10,000.00 over the life of the contract, with an Estimated Contract Maximum Limitation of _(to be included upon award)__. Funds will be obligated by delivery order issuance. Delivery Order one (1)/Seed Project will be awarded with funds subsequently to the IDIQ contract. DO 1 Statement of Work (SOW) is attached. The pricing for DO 1 will be based on the proposal pricing submitted on the bid schedule and will not be negotiated separately. Technical Evaluations will be conducted only on DO 1/Seed Project proposals.

2) COSTS: All costs to be incurred by the Contractor shall be included in the proposed unit prices.

3) CONTRACT PERIOD: This is an IDIQ Contract for Protective Coating. This contract is for two (2) years for the basic period and three (3)-one (1) year options, with a potential six (6) month extension if deemed necessary by the contracting officer (CO).

4) TOTAL JOB: Offer Amount is for the total job complete. The contractor shall not make any changes to the design or specifications without prior approval of the Contracting Officer. Offers must be entered for all items. Failure to enter prices may render the offer/offeror non-responsive. The Government reserves the right to make award of any or all items of an offer.

5) PRE-PROPOSAL SITE VISIT: A site visit will be scheduled to provide the offeror the opportunity to inspect the site where the work is to be performed and to satisfy themselves as to all general and local conditions that may affect cost of performance of the contract. The tentative site visit date is 1 Feb 13. If there is a change to the site visit date, a notice will be posted to FBO.

6) TECHNICAL SPECIFICATIONS AND DRAWINGS: The technical specifications and drawings, referenced in Section J as attachments to this solicitation, have been prepared by the Civil Engineer. Any and all questions regarding these specifications and/or drawings must be submitted in writing to the Contract Specialist identified in Block 7 of the SF 1442. Any information obtained outside this procedure and acted upon may cause the resultant offeror to be non-responsive. Any and all questions received from industry will be responded by amendment to the solicitation. Issuance of the amendment will incorporate all the terms and conditions into a resultant award.

7) NON-PRICED ITEMS: If deemed necessary by the contracting officer, items of work not included as a line item in Schedule B, but within the scope of the general intent of the contract, may be negotiated by the Contracting Officer, and added at any time during the contract term by usage of referenced NPI CLINs in the Exhibits A-D. Non-Priced Items (NPIs) of work shall be incorporated into and made a part of the resultant delivery order and shall be performed at the negotiated amount. NPIs shall be identified separately in each contractor prepared proposal and all costs to be incurred by the Contractor shall be included in the unit price proposal, including but not limited to profit and overhead.

8) INDIVIDUAL ORDER SITE VISIT: Pre-Award site visits will be conducted at the discretion of the Contracting Officer for each individual delivery order.

9) COST AND CONSTRUCTION PROPOSAL SUBMISSION: In the event delivery order proposals are deemed necessary, the proposals shall be delivered to the Contracting Officer at the response times noted in Request for Proposal (RFP). The Government will determine classification of projects as routine, urgent or emergency.

10) AFFIRMATIVE PROCUREMENT PROPOSAL INSTRUCTIONS: Contractor shall reference Section 007200 dated 15 July 2011, paragraph 1.3.9 Affirmative Procurement, and submit a list of the Comprehensive Procurement Guideline (CPG) items applicable to this project, including the percentage of recycled content. EPA designated materials if applicable shall be identified in individual delivery orders.

11) WAGE DETERMINATION: The applicable wage determination for this acquisition is OK120080, dated 12 Oct 2012. Wage Decisions will also be cited as an attachment in Section J in each basic year/option year.

12) PERFORMANCE PERIOD: Please reference Block 11 of the SF 1442. The performance period for this acquisition shall be in accordance with the Federal Acquisition Regulation (FAR) clause 52.211-10, Commencement, Prosecution, and Completion of Work. The Performance Period shall be negotiated for each individual delivery order.

13) MAGNITUDE OF CONSTRUCTION: In accordance with FAR 36.204(f), Disclosure of the Magnitude of Construction, the estimated price range for this project is between $5,000,000.00 and $10,000,000.00 for the combination of the contract over five (5) years and six (6) months.

14) “TRUCK ENTRY GATE” NOTICE:

IMPORTANT DELIVERY INFORMATION

*************************************************************************** Tinker Air Force Base has constructed a “Truck Entry Gate” (Gate 33), which is located at the corner of 59th Street and Air Depot Blvd (southwest corner of the base). The gate will be opened beginning 15 September 2004.

Gate 33 shall be used for all deliveries by truck to this base.

(Trucks will not be allowed to gain access through any other gate.)

Since your firm’s delivery on this order is affected, please advise your delivery carrier to use the new gate. This should minimize the impact of your delivery.

DELIVERIES TO BUILDING 3001 (B / 3001)

Be advised that delivery vehicles destined for B / 3001 are prohibited from using “Staff Drive”.

Delivery vehicles may make deliveries only in designated unloading areas.

Since your firm’s delivery may be affected, ensure that your delivery carrier receives proper instructions on delivery / unloading requirements for B / 3001. Unloading in designated unloading areas will minimize any inconvenience, and, attendant ramifications, which may accrue, to your delivery / delivery carrier for failure to adhere to this requirement.

15) CONTRACT HOLIDAYS:

(a) The prices/costs in Section B of the contract holiday observances; accordingly, the Government will not be billed for such holidays, except when services are required by the Government and are actually performed on a holiday. Holidays in addition to those reflected in this contract, which are designated by the Government, will be billable provided the assigned Contractor employee was available for performance and was precluded from such performance.

(b) The following days are contract holidays: New Years Day, Martin Luther King, Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day.

16) WAWF DODAAC AND EMAIL DISTRIBUTION TABLE (Construction):

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR INVOICES AND ADDITIONAL EMAILS CORRECTLY THROUGH WAWF.

Invoice Type:

Construction Payment Invoice

*Contract Number:

SEE BLOCK 2

*Delivery Order: TBD

*Issue Date: SEE BLOCK 3

*Issue DODAAC: FA8101

*Admin DODAAC:

FA8101

*Inspected By DODAAC/Ext:

F3Y0BT

*Service Acceptor/Ext:

F3Y0BT

LPO DODAAC/Ext:

*Pay DODAAC:

F03000

ADDITIONAL EMAIL NOTIFICATIONS:

1. melissa.feng@tinker.af.mil

2. f3y0bt.wawf@tinker.af.mil

3. sharla.flowers-brandon@tinker.af.mil

4. lori.fixico@tinker.af.mil

Payments may be expedited electronically via the Internet through the Wide Area Work Flow (WAWF) system. WAWF may be accessed online at https://wawf.eb.mil. WAWF Training may be accessed online at http://www.wawftraining.com. Payment information may be accessed using the DFAS website at https://www.dfas.mil. Your purchase order/contract number or invoice will be required to inquire status of your payment. In accordance with DFARS 252.232-7006.

17) CONTRACTOR ID BADGE REQUIREMENTS:

Contractors working on Tinker AFB shall comply with badge requirement procedures, all contractors/contractor personnel will be assessed a charge of $50.00 for each badge lost, willfully damaged, or not surrendered to Pass and Registration. No charge will be made on a replacement required due to normal wear. Personnel will report to Accounting and Finance, Accounts Receivable Unit and a DD Form 1131, Cash Collection Voucher, will be prepared and presented to Pass and Registration prior to issuing a replacement identification. Identification will be surrendered to Security Forces personnel upon demand for the purpose of identification, investigation, abuse, misuse, or for any other reason necessary. Civilian and military retirees who conduct commercial business on base must obtain a badge through their place of employment. Also, all contractors/contractor personnel shall be subject to background checks as deemed necessary.

Section B - Supplies or Services and Prices

UNDEFINED

Protective Coating-Base Period

FFP

Informational CLIN Only

-All SubCLIN under this CLIN represent Exhibit A: Bid Schedule-Base Period (Two Base Years)

-All work shall be performed In Accordance With (IAW) the Statement of Work (SOW)

FOB: Destination

NSN: Z1AA-12-PAI-NTBY

PURCHASE REQUEST NUMBER: F3Y0AA2068A004

SIGNAL CODE: A

MAX

NET AMT

0001AA

UNDEFINED

Protective Coating-Base Period-Basic

Reference Exhibit A: Bid Schedule, all Exhibit Line Items (ELINs) included in A0001 through A0007

FOB: Destination

NSN: Z1AA-12-PAI-NTBY

MAX

0001AB

UNDEFINED

Protective Coating-Base Period-NPI

Non-Priced Items (NPI) CLIN. Reference Exhibit A: Bid Schedule, all Exhibit Line Items (ELINs) under A0008

FOB: Destination

MAX

UNDEFINED

FFP

Informational CLIN Only

-All SubCLIN under this CLIN represent Exhibit B: Bid Schedule-Option I

-All work shall be performed In Accordance With (IAW) the Statement of Work (SOW)

FOB: Destination

MAX

1001AA

UNDEFINED

FFP

Reference Exhibit B: Bid Schedule, all Exhibit Line Items (ELINs) included in B0001 through B0007

FOB: Destination

MAX

1001AB

UNDEFINED

FFP

Non-Priced Items (NPI) CLIN. Reference Exhibit B: Bid Schedule, all Exhibit Line Items (ELINs) under B0008

FOB: Destination

MAX

UNDEFINED

FFP

Informational CLIN Only

-All SubCLIN under this CLIN represent Exhibit C: Bid Schedule-Option II

-All work shall be performed In Accordance With (IAW) the Statement of Work (SOW)

FOB: Destination

MAX

2001AA

UNDEFINED

FFP

Reference Exhibit C: Bid Schedule, all Exhibit Line Items (ELINs) included in C0001 through C0007

FOB: Destination

MAX

2001AB

UNDEFINED

FFP

Non-Priced Items (NPI) CLIN. Reference Exhibit C: Bid Schedule, all Exhibit Line Items (ELINs) under C0008

FOB: Destination

MAX

UNDEFINED

FFP

Informational CLIN Only

-All SubCLIN under this CLIN represent Exhibit C: Bid Schedule-Option III

-All work shall be performed In Accordance With (IAW) the Statement of Work (SOW)

FOB: Destination

MAX

3001AA

UNDEFINED

FFP

Reference Exhibit D: Bid Schedule, all Exhibit Line Items (ELINs) included in D0001 through D0007

FOB: Destination

MAX

3001AB

UNDEFINED

FFP

Non-Priced Items (NPI) CLIN. Reference Exhibit D: Bid Schedule, all Exhibit Line Items (ELINs) under D0008

FOB: Destination

MAX

UNDEFINED

FFP

Informational CLIN Only If Extension Is Required

-All SubCLIN under this CLIN represent Exhibit E: Bid Schedule-6 Month Extension (if required)

-All work shall be performed In Accordance With (IAW) the Statement of Work (SOW)

FOB: Destination

MAX

4001AA

UNDEFINED

FFP

(Only If Required)

Reference Exhibit E: Bid Schedule, all Exhibit Line Items (ELINs) included in E0001 through E0007

FOB: Destination

MAX

4001AB

UNDEFINED

FFP

Non-Priced Items (NPI) CLIN. Reference Exhibit E: Bid Schedule, all Exhibit Line Items (ELINs) under E0008

FOB: Destination

MAX

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

30-APR-2015

CHRISTINA MACDONALD

72 ABW/CE

7460 ARNOLD AVE BLDG 460 STE 223

TINKER AFB OK 73145-9038

405-734-4570

FOB: Destination

F3Y0AA

30-APR-2015

F3Y0AA

30-APR-2015

F3Y0AA

30-APR-2016

F3Y0AA

30-APR-2016

F3Y0AA

30-APR-2016

F3Y0AA

30-APR-2017

F3Y0AA

30-APR-2017

F3Y0AA

30-APR-2017

F3Y0AA

30-APR-2018

F3Y0AA

30-APR-2018

F3Y0AA

30-APR-2018

F3Y0AA

28-OCT-2018

F3Y0AA

28-OCT-2018

F3Y0AA

28-OCT-2018

F3Y0AA

Section G - Contract Administration Data Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

(a) Definition.

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

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from/Report Fraud by:

Fax:

202-254-4297

Attention: Office of Investigations Hotline 245 Murray Drive SW Building 410/Mail Stop 2600 Washington, DC 20528

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5,000,000, except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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)

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 TBD calendar days. 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 each individual delivery order, the Contractor shall pay liquidated damages to the Government in the amount of $176 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

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FFP contract resulting from this solicitation.

(End of provision)

52.216-7 ALLOWABLE COST AND PAYMENT (JUN 2011) -- ALTERNATE I (FEB 1997)

(a) Invoicing.

(1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every month, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) Subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25. (3) The designated payment office will make interim payments for contract financing on the 14th day after the designated billing office receives a proper payment request. In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

(b) Reimbursing costs.

(1) For the purpose of reimbursing allowable costs (except as provided in paragraph (b)(2) of this clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term "costs" includes only-

(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;

(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for-

(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made-

(1) In accordance with the terms and conditions of a subcontract or invoice; and

(2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government;

(B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract;

(C) Direct labor;

(D) Direct travel;

(E) Other direct in-house costs; and

(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and

(iii) The amount of progress and other payments to the Contractor's subcontractors that either have been paid, or that the Contractor is required to pay pursuant to the clause of this contract entitled "Prompt Payment for Construction Contracts." Payments shall be made by cash, check, or other form of payment to the Contractor's subcontractors under similar cost standards.

(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless-

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes).

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause.

(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.

(c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks.

(d) Final indirect cost rates.

(1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.

(2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.

(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.

(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates,

(ii) the bases to which the rates apply,

(iii) the periods for which the rates apply,

(iv) any specific indirect cost items treated as direct costs in the settlement, and

(v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution.

(4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause.

(5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates.

(6)(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph (d)(5) of this clause, the Contracting Officer may-

(A) Determine the amounts due to the Contractor under the contract; and

(B) Record this determination in a unilateral modification to the contract.

(ii) This determination constitutes the final decision of the Contracting Officer in accordance with the Disputes clause.

(e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates-

(1) Shall be the anticipated final rates; and

(2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to prevent substantial overpayment or underpayment.

(f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in FAR 42.708(a) are satisfied.

(g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. Any payment may be-

(1) Reduced by amounts found by the Contracting Officer not to constitute allowable costs; or

(2) Adjusted for prior overpayments or underpayments.

(h) Final payment.

(1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d)(5) of this clause, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.

(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver-

(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and

(ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except-

(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known;

(B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and

(C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability.

(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 award date through the date of contract completion.

(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)

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 $2K, 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 $5M;

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

(3) A series of orders from the same ordering office within 10 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 10 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 365 days following completion.

(End of clause)

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 30 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 five years plus an optional six month extension to be determined by the government.

(End of clause)

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

(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.

(b) By submission of its offer, the Offeror represents 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 will notify the 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 2012)

(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/content/table-small-business-size-standards.

(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 238320- assigned to contract number TBD.

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

(End of clause)

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010)

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

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

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

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

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

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

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

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

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

Domestic construction material means--

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

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

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

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any…