pd21FB.doc

Section B - Supplies or Services and Prices

Fencing Hill AFB

FFP

Provide all Fencing materials, equipment, manpower, and supervision to accomplish individual fencing tasks at Hill AFB Utah, issued during the life of this contract IAW the attached SOW dated 23 Jul 2013 and the attached specifications. Contractor shall submit all pricing on attached Final Supplemental Schedule B dated 9 May 2013. Each delivery order will be negotiated utilizing Schedule of Items, dated 9 May 2013. The contractor shall use the following Wage determination for all projects at Hill AFB: UT130028 03/15/2013 - Heavy - Davis and Weber Counties

FOB: Destination

MAX

NET AMT

FSC CD: 5660

Fencing Little Mountain

Provide all Fencing materials, equipment, manpower, and supervision to accomplish individual fencing tasks at Little Mountain Utah, issued during the life of this contract IAW the attached SOW dated 23 Jul 2013 and the attached specifications. Contractor shall submit all pricing on attached Final Supplemental Schedule B dated 9 May 2013. Each delivery order will be negotiated utilizing Schedule of Items, dated 9 May 2013. The contractor shall use the following Wage determination for all projects at Little Mountain: UT130028 03/15/2013 - Heavy - Davis and Weber Counties

MAX

Fencing Utah Test and Training Range

Provide all Fencing materials, equipment, manpower, and supervision to accomplish individual fencing tasks at the Utah Test and Training Range (UTTR), issued during the life of this contract IAW the attached SOW dated 23 Jul 2013 and the attached specifications. Contractor shall submit all pricing on attached Final Supplemental Schedule B dated 9 May 2013. Each delivery order will be negotiated utilizing Schedule of Items, dated 9 May 2013. The contractor shall use the following Wage determination for all projects at Hill AFB: UT130039 01/04/2013 - Heavy - Box Elder County

MAX

Emergency Fence Repair

COST

Contractor will supply materials and personnel sufficient to perform emergency fence repair. Per the Statement of Work, dated 23 Jul 2013, in section 1.1 and section 1.2.1.2, the contractor must have personnel capable of mobilizing and arriving on site for emergency requirements within 2 hours of initial contact. Additionally, the contractor must supply an emergency contact to call in case of emergency.

MAX COST

FFP

Provide all Fencing materials, equipment, manpower, and supervision to accomplish individual fencing tasks at Hill AFB Utah, issued during the life of this contract IAW the attached SOW dated 23 Jul 2013 and the attached specifications. Contractor shall submit all pricing on attached Final Supplemental Schedule B dated 9 May 2013. Each delivery order will be negotiated utilizing Schedule of Items, dated 9 May 2013. The current wage determination will be incorporated when this option is exercised.

MAX

FFP

Provide all Fencing materials, equipment, manpower, and supervision to accomplish individual fencing tasks at Little Mountain Utah, issued during the life of this contract IAW the attached SOW dated 23 Jul 2013 and the attached specifications. Contractor shall submit all pricing on attached Final Supplemental Schedule B dated 9 May 2013. Each delivery order will be negotiated utilizing Schedule of Items, dated 9 May 2013. The current wage determination will be incorporated when this option is exercised.

MAX

FFP

Provide all Fencing materials, equipment, manpower, and supervision to accomplish individual fencing tasks at the Utah Test and Training Range (UTTR), issued during the life of this contract IAW the attached SOW dated 23 Jul 2013 and the attached specifications. Contractor shall submit all pricing on attached Final Supplemental Schedule B dated 9 May 2013. Each delivery order will be negotiated utilizing Schedule of Items, dated 9 May 2013. The current wage determination will be incorporated when this option is exercised.

MAX

COST

Contractor will supply materials and personnel sufficient to perform emergency fence repair. Per the Statement of Work, dated 23 Jul 2013, in section 1.1 and section 1.2.1.2, the contractor must have personnel capable of mobilizing and arriving on site for emergency requirements within 2 hours of initial contact. Additionally, the contractor must supply an emergency contact to call in case of emergency.

MAX COST

FFP

Provide all Fencing materials, equipment, manpower, and supervision to accomplish individual fencing tasks at Hill AFB Utah, issued during the life of this contract IAW the attached SOW dated 23 Jul 2013 and the attached specifications. Contractor shall submit all pricing on attached Final Supplemental Schedule B dated 9 May 2013. Each delivery order will be negotiated utilizing Schedule of Items, dated 9 May 2013. The current wage determination will be incorporated when this option is exercised.

MAX

FFP

Provide all Fencing materials, equipment, manpower, and supervision to accomplish individual fencing tasks at Little Mountain Utah, issued during the life of this contract IAW the attached SOW dated 23 Jul 2013 and the attached specifications. Contractor shall submit all pricing on attached Final Supplemental Schedule B dated 9 May 2013. Each delivery order will be negotiated utilizing Schedule of Items, dated 9 May 2013. The current wage determination will be incorporated when this option is exercised.

MAX

FFP

Provide all Fencing materials, equipment, manpower, and supervision to accomplish individual fencing tasks at the Utah Test and Training Range (UTTR), issued during the life of this contract IAW the attached SOW dated 23 Jul 2013 and the attached specifications. Contractor shall submit all pricing on attached Final Supplemental Schedule B dated 9 May 2013. Each delivery order will be negotiated utilizing Schedule of Items, dated 9 May 2013. The current wage determination will be incorporated when this option is exercised.

MAX

COST

Contractor will supply materials and personnel sufficient to perform emergency fence repair. Per the Statement of Work, dated 23 Jul 2013, in section 1.1 and section 1.2.1.2, the contractor must have personnel capable of mobilizing and arriving on site for emergency requirements within 2 hours of initial contact. Additionally, the contractor must supply an emergency contact to call in case of emergency.

MAX COST

FFP

Provide all Fencing materials, equipment, manpower, and supervision to accomplish individual fencing tasks at Hill AFB Utah, issued during the life of this contract IAW the attached SOW dated 23 Jul 2013 and the attached specifications. Contractor shall submit all pricing on attached Final Supplemental Schedule B dated 9 May 2013. Each delivery order will be negotiated utilizing Schedule of Items, dated 9 May 2013. The current wage determination will be incorporated when this option is exercised.

MAX

FFP

Provide all Fencing materials, equipment, manpower, and supervision to accomplish individual fencing tasks at Little Mountain Utah, issued during the life of this contract IAW the attached SOW dated 23 Jul 2013 and the attached specifications. Contractor shall submit all pricing on attached Final Supplemental Schedule B dated 9 May 2013. Each delivery order will be negotiated utilizing Schedule of Items, dated 9 May 2013. The current wage determination will be incorporated when this option is exercised.

MAX

FFP

Provide all Fencing materials, equipment, manpower, and supervision to accomplish individual fencing tasks at the Utah Test and Training Range (UTTR), issued during the life of this contract IAW the attached SOW dated 23 Jul 2013 and the attached specifications. Contractor shall submit all pricing on attached Final Supplemental Schedule B dated 9 May 2013. Each delivery order will be negotiated utilizing Schedule of Items, dated 9 May 2013. The current wage determination will be incorporated when this option is exercised.

MAX

COST

Contractor will supply materials and personnel sufficient to perform emergency fence repair. Per the Statement of Work, dated 23 Jul 2013, in section 1.1 and section 1.2.1.2, the contractor must have personnel capable of mobilizing and arriving on site for emergency requirements within 2 hours of initial contact. Additionally, the contractor must supply an emergency contact to call in case of emergency.

MAX COST

FFP

Provide all Fencing materials, equipment, manpower, and supervision to accomplish individual fencing tasks at Hill AFB Utah, issued during the life of this contract IAW the attached SOW dated 23 Jul 2013 and the attached specifications. Contractor shall submit all pricing on attached Final Supplemental Schedule B dated 9 May 2013. Each delivery order will be negotiated utilizing Schedule of Items, dated 9 May 2013. The current wage determination will be incorporated when this option is exercised.

MAX

FFP

Provide all Fencing materials, equipment, manpower, and supervision to accomplish individual fencing tasks at Little Mountain Utah, issued during the life of this contract IAW the attached SOW dated 23 Jul 2013 and the attached specifications. Contractor shall submit all pricing on attached Final Supplemental Schedule B dated 9 May 2013. Each delivery order will be negotiated utilizing Schedule of Items, dated 9 May 2013. The current wage determination will be incorporated when this option is exercised.

MAX

FFP

Provide all Fencing materials, equipment, manpower, and supervision to accomplish individual fencing tasks at the Utah Test and Training Range (UTTR), issued during the life of this contract IAW the attached SOW dated 23 Jul 2013 and the attached specifications. Contractor shall submit all pricing on attached Final Supplemental Schedule B dated 9 May 2013. Each delivery order will be negotiated utilizing Schedule of Items, dated 9 May 2013. The current wage determination will be incorporated when this option is exercised.

MAX

COST

Contractor will supply materials and personnel sufficient to perform emergency fence repair. Per the Statement of Work, dated 23 Jul, in section 1.1 and section 1.2.1.2, the contractor must have personnel capable of mobilizing and arriving on site for emergency requirements within 2 hours of initial contact. Additionally, the contractor must supply an emergency contact to call in case of emergency.

MAX COST

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

250.00

200,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

CLAUSES INCORPORATED BY FULL TEXT

FOREIGN OBJECT DAMAGE PREVENTION PROGRAM

ALL CONTRACTORS WORKING IN AND AROUND THE FLIGHT LINE AREA ON HAFB MUST COMPLY WITH AFMC 21-122, FOREIGN OBJECT DAMAGE PREVENTION PROGRAM. PRIOR TO STARTING WORK IN THESE AREAS, THE CONTRACTOR SHALL CONTACT THE ASSIGNED PROJECT MANAGER FOR SCHEDULING OF CONTRACTOR PERSONNEL FOR REQUIRED TRAINING.

CLAUSES AND PROVISIONS

(a) CLAUSES AND PROVISIONS FROM THE FEDERAL ACQUISITION REGULATION (FAR) AND SUPPLEMENTS THERETO ARE INCORPORATED IN THIS DOCUMENT BY REFERENCE AND IN FULL TEXT. THOSE INCORPORATED BY REFERENCE HAVE THE SAME FORCE AND EFFECT AS IF THEY WERE GIVEN IN FULL TEXT.

(b) CLAUSES AND PROVISIONS IN THIS DOCUMENT WILL BE NUMBERED IN SEQUENCE, BUT WILL NOT NECESSARILY APPEAR IN CONSECUTIVE ORDER.

SECTIONS K, L AND M WILL BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD. SECTION K WILL BE DEEMED TO BE INCORPORATED BY REFERENCE IN THAT AWARD.

CLAUSES INCORPORATED BY FULL TEXT

DELIVERY INFORMATION:

1. Delivery to Utah Test and Training Range (UTTR) Oasis Complex 388 RANS Compound (North Range) I-80 West to Exit 62 (Military Area), then 17 Miles North.

Take Interstate 80 west to Exit 62 (Military Area/Lakeside) Turn North, (follow paved road west then it curves north) for approximately 15.5 miles. Follow signs for “Explosive Ordinance Vehicle Check Area.”

Use the phone call box to contact “Oasis Security” – they will check your vehicle and direct you from there.

NOTE: If you have made arrangements with the POC’s listed below at least 24 hours in advance,, you will avoid delays while securiity tries to determine your delivery destination.

24 Hours Advance Notice Required Deliveries must be made Monday – Thursday, 0700-1600 (4 P.M.) ONLY. Government personnel will unload at destinatin point.

NO WEEKENDS (FIRDAY, SATURDAY, SUNDAY) AND NO HOLIDAY DELIVERIES WILL BE ACCEPTED.

2. GENERAL INFORMATION: SEA containers are used on UTTR to construct target and there must be a supply on on hand at al times.

3. SPECIAL CONSIDERATIONS: A point-of-contact (POC) to sign for deliveries and be responsible to receive invoices will be made available on delivery dates Monday – Thursday, 0700-1600 (4 P.M.) ONLY. POC’s responsible for actual deliveries are Greg Cicconi 801-777-1523(gregory.cicconi@hill.af.mil), Jon Thomas, and Dave Ferris, also 801-777-1523.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

21-AUG-2014

21-AUG-2014

21-AUG-2014

17-SEP-2014

21-AUG-2015

21-AUG-2015

21-AUG-2015

17-SEP-2015

21-AUG-2016

21-AUG-2016

21-AUG-2016

17-SEP-2016

21-AUG-2017

21-AUG-2017

21-AUG-2017

17-SEP-2017

21-AUG-2018

21-AUG-2018

21-MAY-2018

17-SEP-2018

Section G - Contract Administration Data

CONTRACT HOLIDAYS (APR 2003)

(a) The prices/costs in Section B of the contract include 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

Presidents’ Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

Performance bonds

Payment bonds

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index:

Title

File

No. Pgs.

Statement of Work

Basic SOW FINAL

Base Facility Design Standard

Base Facility Design Standard

Summary of Work

UFGS 01 11 00 Summary of Work

Price and Payment

UFGS 01 20 00.00 20 Price and Payment

Recycled – Recovered Materials

UFGS 01 62 35 Recycled – Recovered Materials

Demolition and Deconstruction

UFGS 02 41 00 Demolition and Deconstruction

Site Furnishings - Bollards, Wood Fence UFGS 12 93 00 Site Furnishings - Bollards, …

Electronic Security System – Vindicator UFGS 28 20 01.00 10 Electronic Security …

Earthwork

UFGS 31 00 00 Earthwork

Clearing for Civil Works

UFGS 31 10 00 Clearing for Civil Works

Military Handbook

MIL_HDBK_1013_10

Unified Facilities Criteria ufc_1_300_02

Concrete Sidewalks, Curb, Gutter

UFGS 32 16 13 Concrete Sidewalks, …

Chain Link Fences and Gates

UFGS 32 31 13 Chain Link Fences and Gates

High-Security Chain Link Fences and … UFGS 32 31 13.53 High-Security Chain Link …

Unified Facilities Guide Specifications

UFGS 32-12-16HMA

UFGS Portland Cement and Concrete …

UFGS 32-13-13.06PCC

General Requirements

01 00 00 General Requirements

Project Schedule

01 32 00 Project Schedule

Government Safety Requirements

01 35 26 Government Safety Requirements

Environmental Protection

01 57 20 Environmental Protection

Drawing 1, Cable, deadman, bollard Drawing 1, Cable, deadman, bollard

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

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 (cited on individual task orders). The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $184 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

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $250.00 (insert dollar figure or quantity), 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 $200,000.00;

(2) Any order for a combination of items in excess of $500,000 ; or

(3) A series of orders from the same ordering office within 7 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.

(End of clause)

52.219-3 NOTICE OF HUBZONE SET-ASIDE OR SOLE SOURCE AWARD (NOV 2011)

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (c).

(b) Applicability. This clause applies only to--

(1) Contracts that have been set aside or reserved for, or awarded on a sole source basis to, HUBZone small business concerns;

(2) Part or parts of a multiple-award contract that have been set aside for HUBZone small business concerns; and

(3) Orders set-aside for HUBZone small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General. (1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns will not be considered.

(2) Any award resulting from this solicitation will be made to a HUBZone small business concern.

(c) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for--

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the HUBZone prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the HUBZone prime contractor's employees or on a combination of the HUBZone prime contractor's employees and employees of HUBZone small business concern subcontractors; and

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or

(4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the HUBZone prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the HUBZone prime contractor's employees or on a combination of the HUBZone prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.

(e) A HUBZone joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the HUBZone small business participants.

(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

(End of clause)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.228-15 Performance and Payment Bonds--Construction (OCT 2010)

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

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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 50 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.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) - ALTERNATE II (APR 1984).

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.

(b) Wherever in the specifications or upon the drawings the words "directed", "required", "ordered", "designated", "prescribed", or words of like import are used, it shall be understood that the "direction", "requirement", "order", "designation", or "prescription", of the Contracting Officer is intended and similarly the words "approved", "acceptable", "satisfactory", or words of like import shall mean "approved by," or "acceptable to", or "satisfactory to" the Contracting Officer, unless otherwise expressly stated.

(c) Where "as shown," as indicated", "as detailed", or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete in place," that is "furnished and installed".

(d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements, and (2) the installation (i.e., fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.

(e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefor. Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below.

(f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued.

(g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the Contracting Officer and one set will be returned to the Contractor. Upon completing the work under this contract, the Contractor shall furnish 1 set of prints of all shop drawings as finally approved. These drawings shall show changes and revisions made up to the time the equipment is completed and accepted.

52.243-4 CHANGES (JUN 2007)

(a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes--

(1) In the specifications (including drawings and designs);

(2) In the method or manner of performance of the work;

(3) In the Government-furnished property or services; or

(4) Directing acceleration in the performance of the work.

(b) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating

(1) the date, circumstances, and source of the order and

(2) that the Contractor regards the order as a change order.

(c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment.

(d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause shall be made for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications.

(e) The Contractor must assert its right to an adjustment under this clause within 30 days after

(1) receipt of a written change order under paragraph (a) of this clause or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting to the Contracting Officer a written statement describing the general nature and amount of the proposal, unless this period is extended by the Government. The statement of proposal for adjustment may be included in the notice under paragraph (b) above.

(f) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (MAY 2002) ALTERNATE III (MAY 2002)

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

(1) "Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

(2) "Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

(3) "Foreign flag vessel" means any vessel that is not a U.S.-flag vessel.

(4) "Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

(5) "Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

(6) "Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

(7) "U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if--

(i) This contract is a construction contract; or

(ii) The supplies being transported are--

(A) Noncommercial items; or

(B) Commercial items that--

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it…