FA8101-15-R-0004_DRAFT_RFP.pdf
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- Tinker AFB--Multiple Award Construction Contract Federal contract opportunity
- Solicitation number
- FA8101-15-R-0004
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F3Y0AA4336A002
TINKER AFB (TAFB): MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC)
THIS ACQUISITION IS 100% SET ASIDE FOR: SMALL BUSINESS FIRMS. FIRMS MUST BE REGISTERED UNDER NORTH AMERICAN INDUSTRY
CODE (NAICS) 236210. ALL OTHER SMALL BUSINESS PARTICIPANTS ARE DEEMED INELIGIBLE TO SUBMIT AN OFFER.
DUSTIN C. LASHLEY 405-739-4988
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS
NEGOTIATED (RFP)
(IFB)
X
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________360 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________52.211-10
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________3 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______240 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
AFSC/PZIOCB
DUSTIN C. LASHLEY/405-739-4988
7858 5TH ST, STE 1
TINKER AFB OK 73130
FA8101
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
(hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
405-739-7957FAX:TEL: 405-739-4988 TEL: FAX:
FA8101-15-R-0004 51
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued)
(Construction, Alteration, or Repair)
CODE FACILITY CODE
17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified)
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print)
TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
FA8101-15-R-0004
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 1 Lot MACC Construction Design-Engineering
FFP
Basic Year: Period of Performance: 13 Nov 15 thru 12 Nov 16
The MACC contractor shall furnish all plant, labor, material, equipment, transportation, supervision, management and administration necessary to perform all work required by this Indefinite Delivery/Indefinite Quantity (IDIQ) contract for Construction Design-Engineering at Tinker AFB.
NOTE: THE NTE COEFFICIENT MATRIX IS FOUND IN (ITO
ATTACHMENT 1.6) ONLY FILL IN PRICING IN THIS TABLE.
Orders will require contractor performance of work as indicated below for which specfic coefficients apply. (NOTE: Enter individual NTE Coefficients in table provided at ITO Attachment 1.6. Failure to enter all NTE Coefficients required by the coefficient table may cause your proposal to be unacceptable.) A completed coefficient pricing matrix is the "ONLY" stated pricing required. Do not submit pricing other than that in the NTE Coefficient Matrix found at ITO Attachment
1.6.
Applicable NTE Coefficient Table Items:
A0005 - Architecture-Engineering
FOB: Destination
NSN: Y1EB-15-MAC-IDIQ
PURCHASE REQUEST NUMBER: F3Y0AA4336A002
SIGNAL CODE: A
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
0002 1 Lot MACC Construction
FFP
Basic Year: Period of Performance: 13 Nov 15 thru 12 Nov 16
The MACC contractor shall furnish all plant, labor, material, equipment, transportation, supervision, management and administration necessary to perform all work required by this Indefinite Delivery/Indefinite Quantity (IDIQ) contract for Construction at Tinker AFB.
NOTE: THE NTE COEFFICIENT MATRIX IS FOUND IN (ITO
ATTACHMENT 1.6) ONLY FILL IN PRICING IN THIS TABLE.
Orders will require contractor performance of work as indicated below for which specfic coefficients apply. (NOTE: Enter individual NTE Coefficients in table provided at ITO Attachment 1.6. Failure to enter all NTE Coefficients required by the coefficient table may cause your proposal to be unacceptable.) A completed coefficient pricing matrix is the "ONLY" stated pricing required. Do not submit pricing other than that in the NTE Coefficient Matrix found at ITO Attachment
1.6.
Applicable NTE Coefficient Table Items:
A0001 - Normal Work Hours
A0002 - Other than Normal Work Hours
A0003 - Emergency/Time Critical
A0004 - Shutdown/Pull Off (Additive)
FOB: Destination
NSN: Y1EB-15-MAC-IDIQ
PURCHASE REQUEST NUMBER: F3Y0AA4336A002
UNIT UNIT PRICE MAX AMOUNT
0003 1 Lot MACC Minimum Guarantee
FFP
Initial Delivery Order: Delivery Date; 14 Dec 15
The awardee will receive an initial delivery order for the TAFB MACC IDIQ for the minimum guarantee. The minimum guarantee will be the fixed amount of
$5,000.00 to accomplish the requirements of the initial delivery order statement of work. A post award conference will be conducted approximately 30 days after contract award and will be held at Base Construction Contracting in building 3, Tinker AFB OK, 73145. The Government will provide the post award conference date approximately seven days after contract award.
Contractor shall furnish all plant, labor, material, equipment, transportation, supervision, management and administration necessary to perform all work required by this Indefinite Delivery/Indefinite Quantity (IDIQ) contract for MACC
Initial Delivery order at Tinker AFB.
FOB: Destination
NSN: Y1EB-15-MAC-IDIQ
UNIT UNIT PRICE MAX AMOUNT
1001 1 Lot OPTION MACC Construction Design-Engineering
FFP
Option Year I: Period of Performance: 13 Nov 16 thru 12 Nov 17
The MACC contractor shall furnish all plant, labor, material, equipment, transportation, supervision, management and administration necessary to perform all work required by this Indefinite Delivery/Indefinite Quantity (IDIQ) contract for Construction Design-Engineering at Tinker AFB.
NOTE: THE NTE COEFFICIENT MATRIX IS FOUND IN (ITO
ATTACHMENT 1.6) ONLY FILL IN PRICING IN THIS TABLE.
Orders will require contractor performance of work as indicated below for which specfic coefficients apply. (NOTE: Enter individual NTE Coefficients in table provided at ITO Attachment 1.6. Failure to enter all NTE Coefficients required by the coefficient table may cause your proposal to be unacceptable.) A completed coefficient pricing matrix is the "ONLY" stated pricing required. Do not submit pricing other than that in the NTE Coefficient Matrix found at ITO Attachment
1.6.
Applicable NTE Coefficient Table Items:
A0105 - Architecture-Engineering
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
1002 1 Lot OPTION MACC Construction
FFP
Option Year II:Period of Performance: 13 Nov 16 thru 12 Nov 17
The MACC contractor shall furnish all plant, labor, material, equipment, transportation, supervision, management and administration necessary to perform all work required by this Indefinite Delivery/Indefinite Quantity (IDIQ) contract for Construction at Tinker AFB.
NOTE: THE NTE COEFFICIENT MATRIX IS FOUND IN (ITO
ATTACHMENT 1.6) ONLY FILL IN PRICING IN THIS TABLE.
Orders will require contractor performance of work as indicated below for which specfic coefficients apply. (NOTE: Enter individual NTE Coefficients in table provided at ITO Attachment 1.6. Failure to enter all NTE Coefficients required by the coefficient table may cause your proposal to be unacceptable.) A completed coefficient pricing matrix is the "ONLY" stated pricing required. Do not submit pricing other than that in the NTE Coefficient Matrix found at ITO Attachment
1.6.
Applicable NTE Coefficient Table Items:
A0101 - Normal Work Hours
A0102 - Other than Normal Work Hours
A0103 - Emergency/Time Critical
A0104 - Shutdown/Pull Off (Additive)
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
2001 1 Lot OPTION MACC Construction Design-Engineering
FFP
Option Year II:Period of Performance: 13 Nov 17 thru 12 Nov 18
The MACC contractor shall furnish all plant, labor, material, equipment, transportation, supervision, management and administration necessary to perform all work required by this Indefinite Delivery/Indefinite Quantity (IDIQ) contract for Construction Design-Engineering at Tinker AFB.
NOTE: THE NTE COEFFICIENT MATRIX IS FOUND IN (ITO
ATTACHMENT 1.6) ONLY FILL IN PRICING IN THIS TABLE.
Orders will require contractor performance of work as indicated below for which specfic coefficients apply. (NOTE: Enter individual NTE Coefficients in table provided at ITO Attachment 1.6. Failure to enter all NTE Coefficients required by the coefficient table may cause your proposal to be unacceptable.) A completed coefficient pricing matrix is the "ONLY" stated pricing required. Do not submit pricing other than that in the NTE Coefficient Matrix found at ITO Attachment
1.6.
Applicable NTE Coefficient Table Items:
A0205 - Architecture-Engineering
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
2002 1 Lot OPTION MACC Construction
FFP
Option Year II:Period of Performance: 13 Nov 17 thru 12 Nov 18
The MACC contractor shall furnish all plant, labor, material, equipment, transportation, supervision, management and administration necessary to perform all work required by this Indefinite Delivery/Indefinite Quantity (IDIQ) contract for Construction at Tinker AFB.
NOTE: THE NTE COEFFICIENT MATRIX IS FOUND IN (ITO
ATTACHMENT 1.6) ONLY FILL IN PRICING IN THIS TABLE.
Orders will require contractor performance of work as indicated below for which specfic coefficients apply. (NOTE: Enter individual NTE Coefficients in table provided at ITO Attachment 1.6. Failure to enter all NTE Coefficients required by the coefficient table may cause your proposal to be unacceptable.) A completed coefficient pricing matrix is the "ONLY" stated pricing required. Do not submit pricing other than that in the NTE Coefficient Matrix found at ITO Attachment
1.6.
Applicable NTE Coefficient Table Items:
A0201 - Normal Work Hours
A0202 - Other than Normal Work Hours
A0203 - Emergency/Time Critical
A0204 - Shutdown/Pull Off (Additive)
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
3001 1 Lot OPTION MACC Construction Design-Engineering
FFP
Option Year III: Period of Performance: 13 Nov 18 thru 12 Nov 19
The MACC contractor shall furnish all plant, labor, material, equipment, transportation, supervision, management and administration necessary to perform all work required by this Indefinite Delivery/Indefinite Quantity (IDIQ) contract for Construction Design-Engineering at Tinker AFB.
NOTE: THE NTE COEFFICIENT MATRIX IS FOUND IN (ITO
ATTACHMENT 1.6) ONLY FILL IN PRICING IN THIS TABLE.
Orders will require contractor performance of work as indicated below for which specfic coefficients apply. (NOTE: Enter individual NTE Coefficients in table provided at ITO Attachment 1.6. Failure to enter all NTE Coefficients required by the coefficient table may cause your proposal to be unacceptable.) A completed coefficient pricing matrix is the "ONLY" stated pricing required. Do not submit pricing other than that in the NTE Coefficient Matrix found at ITO Attachment
1.6.
Applicable NTE Coefficient Table Items:
A0305 - Architecture-Engineering
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
3002 1 Lot OPTION MACC Construction
FFP
Option Year III: Period of Performance: 13 Nov 18 thru 12 Nov 19
The MACC contractor shall furnish all plant, labor, material, equipment, transportation, supervision, management and administration necessary to perform all work required by this Indefinite Delivery/Indefinite Quantity (IDIQ) contract for Construction at Tinker AFB.
NOTE: THE NTE COEFFICIENT MATRIX IS FOUND IN (ITO
ATTACHMENT 1.6) ONLY FILL IN PRICING IN THIS TABLE.
Orders will require contractor performance of work as indicated below for which specfic coefficients apply. (NOTE: Enter individual NTE Coefficients in table provided at ITO Attachment 1.6. Failure to enter all NTE Coefficients required by the coefficient table may cause your proposal to be unacceptable.) A completed coefficient pricing matrix is the "ONLY" stated pricing required. Do not submit pricing other than that in the NTE Coefficient Matrix found at ITO Attachment
1.6.
Applicable NTE Coefficient Table Items:
A0301 - Normal Work Hours
A0302 - Other than Normal Work Hours
A0303 - Emergency/Time Critical
A0304 - Shutdown/Pull Off (Additive)
FOB: Destination
IDC CONTSTRAINTS
THIS CONTRACT WILL HAVE A $5,000.00 GUARANTEED MINIMUM ORDER WITH A $10 MILLION
LIMIT FOR INDIVIDUAL DELIVERY ORDERS AND A $20 MILLION MAXIMUM LIMIT FOR THE BASE
YEAR OR ANY OPTION PERIOD.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
0003 Destination Government Destination Government
1001 Destination Government Destination Government
1002 Destination Government Destination Government
2001 Destination Government Destination Government
2002 Destination Government Destination Government
3001 Destination Government Destination Government
3002 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-12 Inspection of Construction AUG 1996
52.246-13 Inspection--Dismantling, Demolition, or Removal of
Improvements
AUG 1996
52.246-21 Alt I Warranty of Construction (Mar 1994) - Alternate I APR 1984
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 13-NOV-2015 TO
12-NOV-2016
N/A F3Y0AB
CHRISTINA MACDONALD
72 ABW/CE
7615 5TH ST BLDG 400
TINKER AFB OK 73145-9026
405-734-4570
F3Y0AB
0002 POP 13-NOV-2015 TO
12-NOV-2016
N/A (SAME AS PREVIOUS LOCATION)
0003 14-DEC-2015 1 N/A
1001 POP 13-NOV-2016 TO
12-NOV-2017
N/A F3Y0AB
CHRISTINA MACDONALD
72 ABW/CE
7615 5TH ST BLDG 400
TINKER AFB OK 73145-9026
405-734-4570
1002 POP 13-NOV-2016 TO
12-NOV-2017
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 13-NOV-2017 TO
12-NOV-2018
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 13-NOV-2017 TO
12-NOV-2018
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 13-NOV-2018 TO
12-NOV-2019
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 13-NOV-2018 TO
12-NOV-2019
N/A (SAME AS PREVIOUS LOCATION)
52.211-10 Commencement, Prosecution, and Completion of Work APR 1984
52.211-10 Alt I Commencement, Prosecution, and Completion of Work (Apr
1984) - Alternate I
APR 1984
52.211-13 Time Extensions SEP 2000
52.247-34 F.O.B. Destination NOV 1991
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 of: $ TBD on individual Delivery Order basis, 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)
Section G - Contract Administration Data
FUNDING
FUNDS WILL BE CITED ON INDIVIDUAL DELIVERY ORDERS
Section I - Contract Clauses
NOTES:
1. **No contract shall be awarded to a firm whose A-E subcontractor or it’s subsidiaries or affiliates, designed the project and helped determine the programmed project amount, except with the approval of the head of the agency or authorized represenative.**
2. UNFUNDED PROJECTS:
Notice to Offerors: Funds are not presently available for this project. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date.
3. CONTRACTOR ID BADGE REQUIREMENT
Contractors working on Tinker AFB shall comply with all procedures outlined in TAFBI 31-101, AFI 10-245 and in accordance with TAFBI 31-101 para 5.3, 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. In accordance with TAFBI 31-101 para 7, all contractors/contractor personnel shall be subject to background checks as deemed necessary.
4. TASK ORDER PROCEDURE – FIRM FIXED PRICE (FFP) :
a) FFP task orders shall be issued against the contract in writing. Each FFP order shall identify the task objectives to be accomplished, required submittals, and delivery/completion date(s). Each order shall contain a citation of funds from which payment shall be made and shall be released in the current acquisition computer system and signed by the Contracting Officer. An order is considered “issued” when the Government hands it to the contractor’s representative, transmits it to the contractor by electronic means such as Electronic Document Access (EDA) facsimile/e-mail to the contractor, or deposits the order in the mail and postmarked. Issuance of the task order constitutes Notice to Proceed.
b) Prior to issuance of a FFP task order, the Contracting Officer will issue a project-specific Fair Opportunity to each contractor. The contractor shall submit to the Contracting Officer (within the time frame specified) a Part A-
Technical Proposal and Part B-Cost Proposal (cost plus profit) for accomplishing task objectives. Proposal submission shall include the following information as a minimum:
i. The contractor’s overall and specific technical plans for accomplishing task objectives.
ii. Milestones associated with task accomplishment.
iii. Estimated proposal cost to perform task requirements, including an RS Means breakout utilizing Not to Exceed (NTE) Coefficients by specific categories identified in the FFP
Coefficient Matrix. NTE Coefficients should be inclusive of OH, G&A and Profit rates. The proposal price shall be adjusted for the RS Means City Cost index (CCI) for Oklahoma City, Oklahoma.
52.202-1 Definitions NOV 2013
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct APR 2010
52.203-15 Whistleblower Protections Under the American Recovery and
Reinvestment Act of 2009
JUN 2010
52.203-16 Preventing Personal Conflicts of Interest DEC 2011
52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.204-2 Security Requirements AUG 1996
52.204-2 Alt II Security Requirements (Aug 1996) - Alternate II APR 1984
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards
JUL 2013
52.204-13 System for Award Management Maintenance JUL 2013
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
AUG 2013
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
JUL 2013
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
MAY 2012
52.210-1 Market Research APR 2011
52.213-1 Fast Payment Procedure MAY 2006
52.215-2 Audit and Records--Negotiation OCT 2010
52.215-2 Alt I Audit and Records--Negotiation (Oct 2010) Alternate I MAR 2009
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.215-15 Pension Adjustments and Asset Reversions OCT 2010
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.215-19 Notification of Ownership Changes OCT 1997
52.215-23 Limitations on Pass-Through Charges OCT 2009
52.216-7 Allowable Cost And Payment JUN 2013
52.217-8 Option To Extend Services NOV 1999
52.217-8 Option To Extend Services NOV 1999
52.219-6 Notice Of Total Small Business Set-Aside NOV 2011
52.219-8 Utilization of Small Business Concerns OCT 2014
52.219-14 Limitations On Subcontracting NOV 2011
52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013
52.222-1 Notice To The Government Of Labor Disputes FEB 1997
52.222-3 Convict Labor JUN 2003
52.222-4 Contract Work Hours and Safety Standards Act - Overtime
Compensation
MAY 2014
52.222-6 Construction Wage Rate Requirements MAY 2014
52.222-7 Withholding of Funds MAY 2014
52.222-8 Payrolls and Basic Records MAY 2014
52.222-9 Apprentices and Trainees JUL 2005
52.222-10 Compliance with Copeland Act Requirements FEB 1988
52.222-11 Subcontracts (Labor Standards) MAY 2014
52.222-12 Contract Termination-Debarment MAY 2014
52.222-13 Compliance With Construction Wage Rate Requirements and
Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988
52.222-15 Certification of Eligibility MAY 2014
52.222-21 Prohibition Of Segregated Facilities FEB 1999
52.222-23 Notice of Requirement for Affirmative Action to Ensure
Equal Employment Opportunity for Construction
FEB 1999
52.222-26 Equal Opportunity MAR 2007
52.222-27 Affirmative Action Compliance Requirements for
Construction
FEB 1999
52.222-30 Construction Wage Rate Requirements--Price Adjustment
(None or Separately Specified Method)
MAY 2014
52.222-35 Equal Opportunity for Veterans JUL 2014
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-37 Employment Reports on Veterans JUL 2014
52.222-50 Combating Trafficking in Persons FEB 2009
52.222-54 Employment Eligibility Verification AUG 2013
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-6 Drug-Free Workplace MAY 2001
52.223-7 Notice Of Radioactive Materials JAN 1997
52.223-9 Estimate of Percentage of Recovered Material Content for
EPA-Designated Items
MAY 2008
52.223-10 Waste Reduction Program MAY 2011
52.223-12 Refrigeration Equipment and Air Conditioners MAY 1995
52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007
52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
MAY 2008
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.224-1 Privacy Act Notification APR 1984
52.224-2 Privacy Act APR 1984
52.225-1 Buy American--Supplies MAY 2014
52.225-9 Buy American--Construction Materials MAY 2014
52.225-10 Notice of Buy American Requirement--Construction Materials MAY 2014
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.225-21 Required Use of American Iron, Steel, and Manufactured
Goods--Buy American Statute--Construction Materials
MAY 2014
52.225-22 Notice of Required Use of American Iron, Steel, and
Manufactured Goods--Buy American Statute--Construction
Materials
MAY 2014
52.227-1 Authorization and Consent DEC 2007
52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.227-4 Patent Indemnity-Construction Contracts DEC 2007
52.227-5 Waiver of Indemnity APR 1984
52.228-1 Bid Guarantee SEP 1996
52.228-2 Additional Bond Security OCT 1997
52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.228-11 Pledges Of Assets JAN 2012
52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014
52.228-15 Performance and Payment Bonds--Construction OCT 2010
52.229-3 Federal, State And Local Taxes FEB 2013
52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014
52.232-27 Prompt Payment for Construction Contracts MAY 2014
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.236-2 Differing Site Conditions APR 1984
52.236-3 Site Investigation and Conditions Affecting the Work APR 1984
52.236-5 Material and Workmanship APR 1984
52.236-6 Superintendence by the Contractor APR 1984
52.236-7 Permits and Responsibilities NOV 1991
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984
52.236-11 Use and Possession Prior to Completion APR 1984
52.236-12 Cleaning Up APR 1984
52.236-15 Schedules for Construction Contracts APR 1984
52.236-21 Specifications and Drawings for Construction FEB 1997
52.236-27 Site Visit (Construction) FEB 1995
52.237-3 Continuity Of Services JAN 1991
52.237-4 Payment by Government to Contractor APR 1984
52.237-4 Alt I Payment by Government to Contractor (Apr 1984) Alternate I APR 1984
52.237-5 Payment by Contractor to Government APR 1984
52.242-13 Bankruptcy JUL 1995
52.242-14 Suspension of Work APR 1984
52.242-15 Stop-Work Order AUG 1989
52.242-17 Government Delay Of Work APR 1984
52.243-1 Changes--Fixed Price AUG 1987
52.243-4 Changes JUN 2007
52.243-5 Changes and Changed Conditions APR 1984
52.243-7 Notification Of Changes APR 1984
52.244-6 Subcontracts for Commercial Items OCT 2014
52.246-21 Warranty of Construction MAR 1994
52.246-21 Alt I Warranty of Construction (Mar 1994) - Alternate I APR 1984
52.248-3 Value Engineering-Construction OCT 2010
52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-2 Alt I Termination for Convenience of the Government (Fixed-
Price) (Apr 2012) - Alternate I
SEP 1996
52.249-10 Default (Fixed-Price Construction) APR 1984
52.253-1 Computer Generated Forms JAN 1991
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-
Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.204-7000 Disclosure Of Information AUG 2013
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Alt A System for Award Management Alternate A FEB 2014
252.204-7006 Billing Instructions OCT 2005
252.204-7007 Alternate A, Annual Representations and Certifications AUG 2014
252.236-7000 Modification Proposals-Price Breakdown DEC 1991
252.236-7004 Payment for Mobilization and Demobilization DEC 1991
252.236-7005 Airfield Safety Precautions DEC 1991
252.236-7006 Cost Limitation JAN 1997
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military
Operations
OCT 2010
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
ALTERNATE I (OCT 1995)
(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.
(b) The prohibition in paragraph (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. For acquisitions of commercial items, the prohibition in paragraph (a) applies only to the extent that any agreement restricting sales by subcontractors results in the Federal Government being treated differently from any other prospective purchaser for the sale of the commercial item(s).
(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.
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
Contracting Officer—
(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster);
and
(ii) The website(s) or other contact information for obtaining the poster(s).)
(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.
52.216-7 ALLOWABLE COST AND PAYMENT (JUN 2013) -- 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 2 weeks, 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 30th calendar 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.
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 13 November
2015 through 12 November 2019.
(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.
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 $2,000.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $10,000,000.00;
(2) Any order for a combination of items in excess of $20,000,000.00.; or
(3) A series of orders from the same ordering office within 365 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 5 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.
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 conclusion of the last ordering period.
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 calendar days;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar 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 4 years.
52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)
(a) Definition. Ozone-depleting substance, as used in this clause, means any substance the Environmental Protection
Agency designates in 40 CFR part 82 as--
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform;
or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:
“WARNING: Contains (or manufactured with, if applicable), a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.”----------------------------
The Contractor shall insert the name of the substance(s).
52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)
Funds are not presently available for performance under this contract beyond Fiscal Year 2015 . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond Fiscal Year 2015, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)
The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifteen (15) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the
Contracting Officer determines that the reduction would be to the advantage of the Government.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/
252.203-7004 Display of Fraud Hotline Poster(s) (DEC 2012)
(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).
(1) The Contractor shall display prominently in…
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