Solicitation 03-14-2011.pdf

F3Q2AD0168A002

This is a competitive 8(a) Set-Aside limited to 8(a) certif ied companies w ithin the geographical are serviced by SBA Offices w ithin Region IV (Alabama, Georgia, Florida, Mississippi, Tennessee, Kentucky, North Carolina, South Carolina) and other 8(a) certif ied companies having a bona f ide branch off ice w ithin the geographic boundaries of the relevant competitive areas.

Preproposal Conference: See Section "L".

North American Industry Classif ication System (NAICS) code is 238320. Size Standard is $14.0 Million.

Enter prices in the priced w ork list (Attachment 5) of this Solicitation.

Please include your CAGE Code, Tax Identif ication Number (TIN), and DUNS Number in Block 14, Page 2, of the Standard Form 1442.

MICHAEL S. MOORE 478-926-3309

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

14-Mar-2011

(RFP)

(IFB)

X

CALL:

Base Wide Paint IDIQ

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 _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 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 __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________15 Apr 2011 (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 _______90 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

WR-ALC/PKO

MICHAEL S. MOORE

375 PERRY STREET

BLDG 255 1ST FLOOR

ROBINS AFB GA 31098-1672

FA8501

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

04:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

100240W

8. ADDRESS OFFER TO (If Other Than Item 7)

478-926-7549FAX:TEL: 478-926-3309 TEL: FAX:

FA8501-11-R-0003 39

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

FA8501-11-R-0003

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

A534 ELECTRONIC RESPONSES ARE AUTHORIZED

In accordance with FAR 13.003(f); 14.202-8 or 15.203(c), electronic commerce method to receive proposals, modifications, and revisions is permitted and preferred. Contracting Officer's email address for submissions is michael.moore@robins.af.mil.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot

BASIC CONTRACT PERIOD

FFP

(Date of award through 12 months thereafter)

Furnish all plant, labor, equipment, materials, and supplies necessary to provide miscellaneous painting basewide on projects at Robins Air Force Base, Georgia, in strict accordance with the attached Specification for Project No. 100240W.

FOB: Destination

PURCHASE REQUEST NUMBER: F3Q2AD0168A002

SIGNAL CODE: A

ENTER PRICING ONLY IN

ATTACHMENT 5

1001 1 Lot

OPTION ANNUAL OPTION 1

FFP

(The 12 month period immediately following the Basic Contract Period. Option may be exercised on or before the last day of the Basic Contract Period.)

Furnish all plant, labor, equipment, materials, and supplies necessary to provide miscellaneous painting basewide on projects at Robins Air Force Base, Georgia, in strict accordance with the attached Specification for Project No. 100240W.

FOB: Destination

2001 1 Lot

OPTION ANNUAL OPTION II

FFP

(The 12 month period immediately following the Annual Option I. Option may be exercised on or before the last day of Annual Option I.)

Furnish all plant, labor, equipment, materials, and supplies necessary to provide miscellaneous painting basewide on projects at Robins Air Force Base, Georgia, in strict accordance with the attached Specification for Project No. 100240W.

FOB: Destination

3001 1 Lot

OPTION ANNUAL OPTION III

FFP

(The 12 month period immediately following Annual Option II. Option may be exercised on or before the last day of Annual Option II.)

Furnish all plant, labor, equipment, materials, and supplies necessary to provide miscellaneous painting basewide on projects at Robins Air Force Base, Georgia, in strict accordance with the attached Specification for Project No. 100240W.

FOB: Destination

4001 1 Lot

OPTION ANNUAL OPTION IV

FFP

(The 12 month period immediately following the Annual Option III. Option may be exercised on or before the last day of the Annual Option III.)

Furnish all plant, labor, equipment, materials, and supplies necessary to provide miscellaneous painting basewide on projects at Robins Air Force Base, Georgia, in strict accordance with the attached Specification for Project No. 100240W.

FOB: Destination

NOTE 1

Enter Not to Exceed (NTE) prices only in Attachment 5 (“PAINT IDIQ ITEMS”), not in Section B of the Schedule.

Ensure that each of these prices include all proposed Direct Costs, including but not limited to Material Costs, Labor Costs, and Other Direct Costs, as well as all Indirect Costs, including but not limited to General & Administrative Costs, Overhead Costs, Profit, and Bond Costs. The Government will add these prices for the BASE YEAR and for each of the four OPTION YEARs to determine the Total Evaluated Price (TEP).

NOTE 2

An Option is considered to have been exercised at the time the Government provides written notification to the Contractor, either electronically or by mail.

NOTE 3

Offerors are reminded that some Projects will be performed in controlled areas, requiring escort at all times. The Offeror should consider Labor costs due to the time required for workers to process in and out of controlled areas.

NOTE 4

A “Multiple Award” is anticipated as a result of this Solicitation. However, the Government reserves the right to award only one Contract as a result of this Solicitation.

B-900 NON-PREPRICED ITEMS

B-900 Non Pre-priced Items

The Contractor will perform work described in the pre-priced, “PAINT IDIQ ITEMS” form (Attachment 5) at the prices in the list which are applicable for the relevant Contract time period when the work is ordered. The Contracting Officer may issue Task Orders for work which is within scope of the Contract, but which is not described in the pre-priced, “PAINT IDIQ ITEMS” form, at a price negotiated by the Contracting Officer or the designated representative. The negotiated price will include the same cost for Labor, Overhead, and Profit as used to calculate rates used in submission of the Attachment 5 price proposal.

The Government will not issue a Task Order that contains non pre-priced work which totals more than 15% of the total price of the Order. The cumulative price for all non pre-priced work will not exceed 10% of the cumulative Contract price at any time during the life of the Contract. All non pre-priced work must be separately identified in each Order Proposal and the resultant Order. At the discretion of the Contracting Officer, unit prices for non pre-priced work may be negotiated and added to the PAINT IDIQ ITEMS (Attachment 5) by Contract modification at any time during the life of the Contract.

Section C - Descriptions and Specifications

C-900 ORDERING PROCEDURES

C-900 Ordering Procedures

1. All requirements contemplated under this contractual vehicle will be evaluated on a case-by-case basis for suitability based on magnitude and complexity. Before Task Orders are issued under this Contract, a decision will be made regarding whether to compete or restrict in accordance with FAR 16.505(b)(2).

2. The Contracting Officer or his authorized representative shall provide the Contractor(s) a Preliminary

Project Description/Statement of Work, and or Drawings if appropriate, for an existing requirement.

3. Upon receipt of these preliminary technical documents, the Contractor shall respond to the needs of the Government by:

a. attending a Pre-proposal Site Visit on the date/time established by the Contracting Officer’s Technical Representative or

b. establishing verbal contact with the Contracting Officer or his authorized representative to further define the scope of work.

4. Upon establishment of the scope of the individual requirement, the Contractor will be provided a formal Request for Proposal (RFP) that includes an updated Project Description/Statement of Work (SOW) and/or Drawings reflecting all changes confirmed at the Site Visit or after the Site Visit. The Contractor shall then prepare his Proposal for accomplishment of the task, and submit it to the Contracting Officer within the time specified in the RFP. Non-pre-priced work, if required, must be separately identified in the Contractor’s Proposal.

5.

a. The Contractor’s Proposal will set forth item numbers identified from Attachment 5 of the Contractor’s Proposal awarded with the basic IDIQ Contract (“PAINT IDIQ ITEMS, ROBINS AFB”), and will include proposed quantities, unit prices, and extended amounts for each item/cost element. The Proposal will be based upon the delivery or performance schedule set forth in the current Project Description (SOW). To ensure sufficient competition, Contractors competing for award of Task Orders are permitted to propose lower Unit Prices than those awarded in their basic IDIQ Contract. However, Contractors shall not, under any circumstances, propose Unit Prices that exceed the Not to Exceed prices in the Contractor’s Attachment 5 (“PAINT IDIQ ITEMS”)

b. The late Proposal rule in FAR 52.215-1 shall apply to submission, modification, revision, and withdrawal of Proposals for Task Orders.

6. Upon receipt of the Contractor’s Proposal, the Government will review the Proposal for completeness.

The Contracting Officer will negotiate with the Contractor, all non pre-priced items, quantities for pre-priced items, and performance time.

7. When Task Orders are competed, the award of these competitive Task Orders will be made based on an integrated assessment of total price and other factors considered relevant. Examples of these factors would be ability to perform the task within a specified period of performance or past performance on previous Task Orders.

8. Firm fixed-price Task Orders will be issued by the Contracting Officer using a Standard Form 1155. Each Task Order will include the following information:

a. Date of the Task Order

b. Contract Number and Task Order number

c. Item Number and Description, Quantity, Unit Price, and Total

d. Task Order price, delivery or performance date

e. Accounting and Appropriation Data

f. Any other pertinent data

Section E - Inspection and Acceptance

E-900

E-900 NOTICE OF COMPLETION OF DELIVERY ORDER/PRE-FINAL AND FINAL INSPECTION

Final Inspection and Acceptance shall be made on each separate Task Order completed by the Contractor, with the following additional provisions:

A. The Contractor shall finish all work required by the Contract before requesting Inspection. The Government will conduct a Pre-final Inspection prior to conducting a Final Inspection. Any discrepancies noted will be corrected prior to any Final Inspection. In the event no discrepancies are noted, the Pre-final Inspection may constitute the Final Inspection.

B. When the Contractor is ready for Pre-final Inspection and the Final Inspection, he will make the requests to the Contracting Officer and copy the Civil Engineering Contract Monitor with the requests.

C. Government personnel will perform the Final Inspection in the presence of the Contractor. The presence of an unreasonable number of discrepancies may cause the Inspection to be cancelled and subsequently rescheduled. In any event, all noted discrepancies will be corrected prior to final acceptance and final payment.

(End of Clause)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at the destination(s) set forth in Section B herein.

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F - Deliveries or Performance

52.247-34 F.O.B. Destination NOV 1991

F900, F-901 F-900 Period of Performance This is an Indefinite Quantity type Contract for base wide painting projects located at Robins Air Force Base, Georgia, effective for twelve (12) month period from the date of Contract award, with four (4) Annual Option periods of twelve (12) months each , with each Option to be exercised at the discretion of the Government.

Delivery or performance time for specific projects will be specified on each Task Order issued hereunder. The performance time for individual Orders will be negotiated in accordance with Provision C-900 (“Ordering/Selection Procedures”).

F-901 Commencement of Work The Contractor shall commence any mobilization and familiarization activities prior to actual work on individual Task Orders as soon after Contract award as practicable. A specific number of days required for the Contractor to commence work will be specified in the Statement of Work (SOW)/Project Description for all individual Task Orders. The contractor shall be fully operational and capable of immediately starting work within this time frame.

DELIVERY INFORMATION

TO BE CITED ON INDIVIDUAL TASK ORDERS ISSUED HEREUNDER

Section G - Contract Administration Data

WIDE AREA WORKFLOW – RECEIPT AND ACCEPTANCE (WAWF-RA)

In accordance with DFARS 252.232-7003, Electronic Submission of Payment Requests, use of electronic payment requests is mandatory. WAWF-RA is the Department of Defense system of choice for submission of invoices and receipt/acceptance documents. Detailed information regarding WAWF-RA is available on the internet at https://wawf.eb.mil.

The following codes will be required to correctly route your document(s) through WAWF-RA. The information (especially the TYPE OF DOCUMENT and DODAAC codes) should be entered exactly as shown below:

CONTRACT NUMBER: TO BE DETERMINED AT TIME OF AWARD

DELIVERY ORDER NUMBER: TO BE DETERMINED AT TIME OF AWARD

TYPE OF DOCUMENT: CONSTRUCTION

CAGE CODE: TO BE DETERMINED AT TIME OF AWARD

ISSUE BY DOCAAC: FA8501

ADMIN DODAAC: FA8501

INSPECT BY DODAAC: TO BE DETERMINED AT TIME OF AWARD

SERVICE ACCEPTOR/SHIP TO: FA8501

LOCAL PROCESSING OFFICE: Leave Blank

PAY OFFICE DODAAC: TO BE DETERMINED AT TIME OF AWARD

After creating the document, select the “ADDITIONAL E-MAIL NOTIFICATIONS” link and enter the following e-mail addresses:

CONTRACT ADMINISTRATOR: TO BE DETERMINED AT TIME OF AWARD

INSPECTOR: TO BE DETERMINED AT TIME OF AWARD

ACCEPTOR: TO BE DETERMINED AT TIME OF AWARD

You can access payment information from the DFAS web site at https://myinvoice.csd.disa.mil/index.html.

Section H - Special Contract Requirements

H-900 PROVISIONS

H-900 MINIMUM INSURANCE REQUIREMENTS

Reference Clause 52.228-5 – In accordance with Para. (“A”) therein, the minimum amounts of insurance required are as follows:

Employers Liability: $100,000 General Liability: Bodily injury liability coverage written on the comprehensive form of the policy: $500,000 per occurrence Automotive Liability: Automobile liability insurance written on the comprehensive form of the policy – The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the Contract. Policies of a least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage are required. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H-901 CONTRACT MINIMUM AND MAXIMUM CONTRACT VALUE

Reference Section I, Clause 52.216-22, Indefinite Quantity, the following minimum and maximums are provided for the purpose of Paragraph (b) of the clause:

(1) The Government is obligated to order work in the amount of $2,500.00 to meet the guaranteed minimum, and shall be met by obligating $2,500.00 on the initial Task Order issued under the basic Contract period.

The Contractor cannot bill against this initial Task Order until a Modification is issued against the Task Order after the specific task (Project) has been identified. This minimum guarantee amount applies to the Contract duration.

(2) The estimated value for each of the basic Contract and four Option periods is estimated to be

$1,400,000.00 per year. The total of actual Orders issued during a given contract period may or may not meet, or it may exceed, the estimated yearly value. However, the total aggregate value of all Task Orders issued under all Contracts awarded as a result of this Solicitation shall not exceed the CONTRACT MAXIMUM of $7,000,000.00.

H-902 Oral Direction/Authorization to Proceed

If the Contracting Officer (CO) determines a Project to be of such an urgent or compelling nature to warrant immediate attention, the CO will provide oral direction/authorization to proceed with the Project. Subsequently, the Contractor will take appropriate action to compel Project completion. All oral direction will be confirmed in writing within twenty-four hours. Failure by the Contractor to respond to oral direction will be handled in accordance with FAR 52.243-4 entitled “Changes”, and/or Clause 52.216-18 entitled “Ordering”, and all other applicable terms and conditions of the Contract. Absent written Specifications, the Contractor will perform in accordance with master Construction Specification Institute (CSI) guidelines.

H-903 Bonds Requirements

1. Bid Bond: Each Offeror shall submit with his/her Offer, a Bid Bond (Standard form 24) of $280,000.00.

The penal sum shall be expressed in dollars and cents.

2. Performance and Payment Bonds: Any Performance and Payment Bonds required hereunder must be furnished by the Contractor to the Government within 10 calendar days after Task Order award, and prior to receiving a Notice to Proceed or being allowed to start work.

a. Performance Bond (Standard Form 25) – The penal sum of the Performance Bond shall equal one hundred percent (100%) of the applicable Task Order amount.

b. Payment Bond (Standard Form 25a) – The penal sum of the Payment Bond shall equal one hundred percent (100%) of the applicable Task Order amount.

H-904 Option Items – Construction, Separately Priced Line Items

The Government may require delivery of the numbered Line Items identified in Section B of the Schedule as Option Year items at the applicable NTE prices set forth in the “PAINT IDIQ ITEMS”, Attachment 5. The Contracting officer may exercise the Option(s) by written notice to the Contractor prior to expiration of each Contract period.

H‐905 Order Limitations

(a) Minimum Order – When the Government requires supplies or services covered by this Contract in the 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 project in excess of $500,000.00;

(2) Any Order for a combination of projects in excess of $500,000.00 or

(3) A series of Orders from the same ordering office within 2 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 1 day 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.

Section I - Contract Clauses

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration APR 2008 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUL 2010

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.209-8 (DEV) Updates of Information Regarding Responsibility Matters (Deviation)

OCT 2010

52.211-13 Time Extensions SEP 2000 52.215-2 Audit and Records--Negotiation MAR 2009 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data OCT 2010 52.215-11 Price Reduction for Defective Cost or Pricing Data--

Modifications

OCT 1997

52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010 52.215-13 Subcontractor Cost or Pricing Data--Modifications OCT 1997 52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data--Modifications

OCT 1997

52.216-7 Alt I Allowable Cost and Payment (Dec 2002) - Alternate I FEB 1997 52.217-9 Option To Extend The Term Of The Contract MAR 2000 52.219-14 Limitations On Subcontracting DEC 1996 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

JUL 2005

52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005 52.222-6 Davis Bacon Act JUL 2005 52.222-7 Withholding of Funds FEB 1988 52.222-8 Payrolls and Basic Records JUN 2010 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) JUL 2005 52.222-12 Contract Termination-Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.222-34 Project Labor Agreement MAY 2010 52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-37 Employment Reports On Special Disabled Veterans, Veterans

Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-50 Combating Trafficking in Persons FEB 2009 52.222-54 Employment Eligibility Verification JAN 2009 52.222-99 (Dev) Notification of Employee Rights under the National Labor

Relations Act (DEVIATION 2010-O0013)

JUN 2010

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances MAY 2001 52.223-14 Toxic Chemical Release Reporting AUG 2003 52.225-10 Notice of Buy American Act Requirement--Construction

Materials

FEB 2009

52.225-11 Buy American Act--Construction Materials Under Trade Agreements

SEP 2010

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 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 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets SEP 2009 52.228-12 Prospective Subcontractor Requests for Bonds OCT 1995 52.228-14 Irrevocable Letter of Credit DEC 1999 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes APR 2003 52.230-2 Cost Accounting Standards OCT 2010 52.230-3 Disclosure And Consistency Of Cost Accounting Practices OCT 2008 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-17 Interest OCT 2010 52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984 52.232-27 Prompt Payment for Construction Contracts OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002 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 52.236-8 Other Contracts APR 1984 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 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items JUN 2010 52.245-2 Government Property Installation Operation Services AUG 2010 52.246-1 Contractor Inspection Requirements APR 1984 52.246-21 Warranty of Construction MAR 1994 52.247-55 F.O.B. Point For Delivery Of Government-Furnished

Property

JUN 2003

52.248-3 Value Engineering-Construction OCT 2010 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

MAY 2004

52.249-2 Alt I Termination for Convenience of the Government (Fixed- Price) (May 2004) - 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 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

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 JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.215-7000 Pricing Adjustments DEC 1991 252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.225-7002 Qualifying Country Sources As Subcontractors APR 2003 252.225-7012 Preference For Certain Domestic Commodities JUN 2010 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7005 Airfield Safety Precautions DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998

252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts)

AUG 2009

252.247-7023 Transportation of Supplies by Sea MAY 2002 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

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

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

*To be cited on each Task Order.

(End of clause)

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 (to be cited on each Task Order, if applicable) 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.

52.216-18 ORDERING. (OCT 1995)

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

(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.

52.216-22 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 completion of all Orders.

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

NOTE: This is a competitive 8(a) Set-Aside, limited to certified firms located within the geographical area serviced by SBA within Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, South Carolina, Tennessee, and North Carolina).

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

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

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

(3) The Offeror’s approved Business Plan is on file and serviced by SBA within Region IV.

(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)(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 WR-ALC/PKOC 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.

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (FEB 2009)

(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 the construction material or components listed by the Government as follows: none

(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 Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

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 $280,000.00.

(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)

52.236-1 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 25 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

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.219-7009 SECTION 8(A) DIRECT AWARD (SEP 2007)

(a) This contract is issued as a direct award between the contracting office and the 8(a) Contractor pursuant to the Partnership Agreement between the Small Business Administration (SBA) and the Department of Defense.

Accordingly, the SBA, even if not identified in Section A of this contract, is the prime contractor and retains responsibility for 8(a) certification, for 8(a) eligibility determinations and related issues, and for providing counseling and assistance to the 8(a) Contractor under the 8(a) Program. The cognizant SBA district office is:

(To be completed by the Contracting Officer at the time of award)

(b) The contracting office is responsible for administering the contract and for taking any action on behalf of the Government under the terms and conditions of the contract; provided that the contracting office shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting office also shall coordinate with the SBA prior to processing any novation agreement. The contracting office may assign contract administration functions to a contract administration office.

(c) The 8(a) Contractor agrees that--

(1) It will notify the Contracting Officer, simultaneous with its notification to the SBA (as required by SBA's 8(a) regulations at 13 CFR 124.308), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with Section 407 of Pub. L. 100-656, transfer of ownership or control shall result in termination of the contract for convenience, unless the SBA waives the requirement for termination prior to the actual relinquishing of ownership and control; and

(2) It will not subcontract the performance of any of the requirements of this contract without the prior written approval of the SBA and the Contracting Officer.

(End of Clause)

252.225-7044 BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL (OCT 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 of ``commercial item'' in section 2.101 of the Federal Acquisition Regulation);

(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. 40102), such as agricultural products and petroleum products.

“Component” means any article, material, or supply incorporated directly into 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.