Solicitation.doc

Section B - Supplies or Services and Prices

Replace Steam Lines

FFP

A lump sum bid shall be submitted for all work in Project 04-0052 to furnish all materials and perform all labor required to replace underground steam lines along Skeel Avenue from Manhole S-222 to Manhole S-298, including associated architectural, civil, structural, mechanical, plumbing, electrical and miscellaneous work as shown on the project drawings and described in the specifications.

FOB: Destination

PURCHASE REQUEST NUMBER: F4F2AA8143A015

SIGNAL CODE: A

NET AMT

FFP

A lump sum bid shall be submitted for all work in Project 04-0052 to furnish all materials and perform all labor required to replace underground steam lines from Manhole S-298 to Manhole S-300, including associated architectural, civil, structural, mechanical, plumbing, electrical and miscellaneous work as shown on the project drawings and described in the specifications.

FOB: Destination

NET AMT

FFP

A lump sum bid shall be submitted for all work in Project 05-0013 to furnish all materials and perform all labor required to replace the steam and condensate return lines from the main utilidor to Bldg 18 E, including associated architectural, civil, structural, mechanical, plumbing, electrical and miscellaneous work as shown on the project drawings and described in the specifications.

NET AMT

Section C - Descriptions and Specifications

PKC C-001

PKC C001 - ENGLISH LANGUAGE REQUIREMENTS

(a) Deliver all documents in the English language.

(b) Provide an English language speaking person during on-site visits, inspections, reviews, audits, and other similar activities.

(End of clause) Section E - Inspection and Acceptance

PKC E-001

PKC E001 - INSPECTION AND ACCEPTANCE

(IAW FAR 46.401(b) and 46.503)

Inspection and acceptance of the (Services/Supplies) will be performed at Wright-Patterson AFB OH by 88 ABW/CEC.

(End of Clause)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

1450 LITTRELL ROAD

WRIGHT-PATTERSON AFB OH 45433-5209

F4F2AA

F4F2AA

F4F2AA

Section G - Contract Administration Data

PKC G-002

PKC G002 - CONTRACT HOLIDAYS

(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 Year’s Day; Martin Luther King’s Birthday; Presidents’ Day; Memorial Day; Independence Day; Labor Day; Columbus Day; Veteran’s Day; Thanksgiving Day; Christmas Day.

(End of Clause)

CLAUSES INCORPORATED BY FULL TEXT

88 CONS G-001, WIDE AREA WORK FLOW – RECEIPT AND ACCEPTANCE (WAWF-RA) ELECTRONIC INVOICING AND RECEIVING REPORT INSTRUCTIONS

1. Contractors shall submit invoices through WAWF-RA for payment. Submission of invoices via any other method shall delay payment. Hard copies of invoices are no longer acceptable methods of submission and may be returned to the contractor.

2. The contractor shall be paid after submission of a properly prepared invoice and after final inspection and acceptance by the Government. In accordance with DFARS 252.232-7003, use of electronic payment requests is mandatory. Wide Area Workflow – Receipt and Acceptance (WAWF-RA) is the Department of Defense system preferred choice for submission of electronic payment requests and receipt and acceptance documents. The following information will aid in the submission of an invoice through WAWF-RA.

3. Information regarding WAWF-RA is available on the Internet at https://wawf.eb.mil. Note that the Software Users Manual posted to WAWF-RA is an excellent source for information when completing the invoice submission process. WAWF-RA training is also available at http://www.wawftraining.com. The Customer Service Number is 1-866-5988, press 1.

4. Invoices shall be submitted: Monthly (After Performance)

5. The following codes are required to properly route your invoices and/or receiving reports through WAWF-RA. Missing elements in the following areas may cause delays in the payment process.

a. ISSUE DATE: . .

b. CONTRACT NUMBER:

c. DELIVERY ORDER NUMBER: . . (Note to contractor : Blank unless provided by the contracting officer )

d. CAGE CODE: . .

e. PAY OFFICE DODAAC: F03000

6. The contractor shall submit invoices using the following format for Payment Type. Be advised that only the selections noted below shall be used in the submittal process. the contractor shall sTRICTly aDhere TO THE selection noted below to avoid delays in the paymenT process. SUBMISSION OF INVOICE OTHER THAN THAT SPECIFIED BELOW MAY DELAY PAYMENT AND/OR CAUSE INVOICE TO BE RETURNED. Invoices must clearly delineate the cost to the respective Contract Line Item Number (CLIN) and sub-CLIN. (See FAR 4, DFARS 204.71 and AFMC FAR Supp 5304.71)

a. [. .] Invoice (Note to contractor: To be used ONLY if authorized by the Contracting Officer)

b. [X] Construction Payment Invoice

Contact the Contracting Officer for clarification when in doubt on how to submit an invoice through Wide Area Work Flow. Also note that if the contractual document requires attachments to be submitted (e.g., a copy of a paid freight bill), this can be accomplished by following instructions under Software User’s Manual on the WAWF-RA site regarding “attachments”.

7. The following additional codes are required to properly route your invoices and/or receiving reports through WAWF-RA. Note that if errors are received in the creation of your document, stop and call the Contracting Officer for verification of code required. Also note that some fields shown may or may not be included depending upon the type of invoice created. An example of the fields required when submitting an invoice are provided:

a. ISSUE BY DODAAC: FA8601

b. ADMIN DODAAC: FA8601 (Note to contractor: This field may also be referred to as ADMIN BPN)

c. INSPECT BY DODAAC or BPN: F4F2AA EXT: . . (Note to contractor: These fields may be blank if not filled out by the contracting office, EXT may be blank even if the Inspect By DODAAC is shown.)

d. MARK FOR CODE: Leave Blank

e. SHIP TO CODE: . . EXT: . . (Note to contractor: EXT may be blank even if the first code here is shown. Also note this may also be referred to as Service Acceptor Code or Contracting Officer Code. In the future, this code may be referred to as BPN)

f. SHIP FROM CODE: Leave Blank

g. SHIPMENT NUMBER: (Note to contractor: This field is created and provided by the contractor. If no shipment number is completed in the WAWF process, the invoice number will be the default number.)

h. INVOICE NUMBER: (Note to contractor: This is the invoice number created and provided by the contractor)

i. ADDRESSES TAB (Note to contractor: WAWF-RA will pre-populate the address information, ensure it is correct.)

j. DISCOUNT TAB (Note to contractor: This allows for prompt payment discounts)

k. FOB: . . (D, S, V) (D denotes destination shipping, S denotes shipment address same as contractor’s address, V denotes shipment from other than contractor’s address.) (Note to contractor: If other than Destination (D), submission of a paid freight bill may be required as an attachment to substantiate shipping charge.)

8. When creating invoices and/or receiving reports, the contractor shall select the “Additional

E-mail Notifications” link and enter the e-mail addresses below. The Government will advise the contractor of changes to these e-mail notifications by letter or e-mail vs. contract modification. Upon receipt of the change(s), the contractor shall include the new e-mail notifications when creating invoices and/or receiving reports. Contractor shall send an email notification to the addressees listed below upon submittal of an invoice through Wide Area Work Flow (WAWF-RA).

a. INSPECTOR: Don.Pierce@wpafb.af.mil

b. ACCEPTOR: Dave.Dihrkop@wpafb.af.mil

c. CONTRACT ADMINISTRATOR: Terri.Parson@wpafb.af.mil

d. CONTRACTING OFFICER: Dave.Dihrkop@wpafb.af.mil

e. ADDITIONAL CONTACT: John.Vanscoy@wpafb.af.mil

9. Questions concerning payments should be directed to the Defense Finance Accounting Services (DFAS) located in Block 27 of the contract/order. The contract, purchase order, or invoice number is required when inquiring about payment status. Payment information may also be accessed from the DFAS web site at https://myinvoice.csd.disa.mil/index.html.

10. DEFINITIONS. Following is a list of definitions that may be helpful. Additional information can be found at http://farsite.hill.af.mil/ and http://www.dod.mil/dfas/commpay/contractorpayment/.

BPN: Business Partner Number. An integrated electronic infrastructure the Government uses to manage (i.e., collect, validate, access and maintain) the information it needs to transact business with its contractors. The BPN is located at http://www.bpn.gov.

CAGE CODE: Commercial and Government Entity Code. A CAGE Code is a five (5)-position code that identifies companies doing or wishing to do business with the Federal Government. http://www.ccr.gov/

Commercial Item FINANCING is a form of contract financing resulting from the Federal Acquisition Streamlining Act (FASA) of 1994. Use of this type of invoicing shall be approved by the Contracting officer.

CONTRACTING OFFICER: The person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

CONTRACTOR: Also known as vendor

DODAAC: Department of Defense Activity Address Code. A six-position code that uniquely identifies a unit, activity, or organization that has the authority to requisition and/or receive materiel

Delivery order: An order for supplies placed against an established contract or with Government sources.

F.o.b. destination: Free on board at destination; i.e., the seller or consignor delivers the goods on seller’s or consignor’s conveyance at destination.

F.O.B. ORIGIN: Free on board at origin; i.e., the seller or consignor places the goods on the conveyance. Unless the contract provides otherwise, the buyer or consignee is responsible for the cost of shipping and risk of loss.

Inspection: means examining and testing supplies or services (including, when appropriate, raw materials, components, and intermediate assemblies) to determine whether they conform to contract requirements.

Invoice: means a contractor's bill or written request for payment under the contract for supplies delivered or services performed (see also “proper invoice”).

Must: see SHALL.

Performance-Based Payments: A provision for the use of Performance-Based Payments (PBPs) as an alternative to progress payments for contract financing. Use of Performance Based Payment method shall be approved by the Contracting Officer

Progress Payments: Progress payments are payments made based on the cost incurred by the contractor as work progresses under the contract. Use of Progress payment method shall be approved by the Contracting Officer.

Proper invoice: An invoice that meets the minimum standards specified in FAR 32.905(b).

Receiving report: Written evidence that indicates Government acceptance of supplies delivered or services performed.

SHALL: The imperative.

SHOULD: An expected course of action or policy that is to be followed unless inappropriate for a particular circumstance.

Taxpayer Identification Number (TIN): The number required by the IRS to be used by the offeror in reporting income tax and other returns.

WINS: Web Invoicing System. https://ecweb.dfas.mil/wins/login.jsp DFAS has implemented a Web Invoicing System (WInS) available through the Internet system in addition to the traditional Value Added Network (VAN) based EDI.

Section H - Special Contract Requirements

PKC H-008

PKC H-008 - GOVERNMENT DOWN TIME FOR VARIOUS AUTHORITIES INCLUDING THE PRESIDENT, SECRETARY OF DEFENSE, SECRETARY OF THE AIR FORCE, AFMC/CC, ASC/CC, 88 ABW/CC, AND PROGRAM MANAGERS

(a) Base Closures Due to Emergencies. From time to time, the Center or Base Commander or other authority may decide to close all or part of the base in response to an unforeseen emergency or similar occurrence. Sample emergencies include, but are not limited to, adverse weather such as snow or flood, an act of God such as a tornado or earthquake, acts of war or terrorism, computer failures, or a base disaster such as a natural gas leak or fire. Contractor personnel are “non-essential” for purposes of any instructions regarding the emergency.

(1) Contractor shall be officially dismissed upon notification of a base closure in accordance with paragraph b. Contractor shall promptly secure all government furnished property appropriately and evacuate in an expedient but safe manner.

(2) With regard to work under the contract, the Government shall retain the following options:

(i) Government may grant a time extension in each task order delayed by the closure equal to the time of the closure, subject to the availability of funds.

(ii) Government may forego the work. The Contractor will not be paid for work not performed.

(iii) Government may reschedule the work on any day satisfactory to both parties.

(iv) The Government may, in its discretion, permit the Contractor to perform at an off-site location during the period of base closure if meaningful work can be accomplished. Contractor shall certify to the Government by letter within 5 business days of returning to work, the nature and scope of the work completed off-site. Contractor shall be permitted to bill the Government at the labor rates identified in the contract.

(v) In rare instances, Government may request that the Contractor continue on-site performance during the base closure period. Such a request shall be subject to agreement by Contractor.

(b) Base Closure Notification Procedures.

(1) After an official decision to close Wright-Patterson AFB has been made by the Base Commander, the following radio and television stations shall be notified of the closure:

Television:

WHIO 7

WDTN 2

WTJC 26

WKEF 22

Radio:

WHIO AM 1290

WBVE FM 96-5

WONE AM 98

WTUE FM 104.7

WBLY AM 1600

WBZI FM 95.3

WIZE AM 1340

WYSO FM 91.3

WLW AM 700

WYMJ FM 103.9

WDAO AM 1210

WFCJ FM 93.7

WING AM 1410

WHKO FM 99.1

WAZU FM 102.9

WVUD FM 99.9

(2) The Contractor is directed to listen or watch one of the radio or television stations listed in paragraph b.1 for a base closure. Contractor should follow instructions intended for non-essential personnel.

(3) The Contractor will not receive any other form of notification of a base closure from the Government. The Contractor is responsible for notification of his or her employees.

(4) If the decision to close all or part of the base is made during the duty day, and the Base Commander’s decision is transmitted through official notification channels, the Contractor shall follow the instructions as given. Contractor personnel shall notify their task monitor and act in accordance with the task monitor’s instruction.

(c) Base Closure Due to Non-Emergencies. The Center or Base Commander or other authority may elect to close all or part of the base for non-emergency reasons such as time-off award, base open house, etc. In the event of a non-emergency base closure, the Contract Task Monitor and the Contractor shall jointly choose a course of action within the following options:

(1) If there is a need for the service during the base closure and a Government employee will be present, Contractor shall bill the Government at the labor rates identified in the contract.

(2) If there is a need for work during the base closure but either a Government employee will not be present or access will not be available, the Contractor may work off-site provided meaningful work may be accomplished. Contractor shall certify to the Government by letter within 5 business days or returning on-site the nature and scope of the work completed off-site. Contractor shall bill the Government at the labor rates specified in the contract.

(3) If there is no need for the service during the scheduled base closure, contractor shall not work on or off-site. Government may grant a time extension in each task order delayed by the closure equal to the amount of time of the closure, subject to the availability of funds. The Government will not be liable for time not worked.

(End of Clause)

PKC H-017

The contractor grants to the Government options to acquire the supplies described in Section B as “Option Items,” and identified as CLIN 0002 (Project 04-0052) and CLIN 0003 (Project 05-0013) FILLIN \* MERGEFORMAT at the price set forth in the schedule. The Government may exercise said options unilaterally by giving the contractor written notice. Period of performance (see Schedule F) for each option CLIN will be from the Notice to Proceed (NTP) issued after each unilateral modification.

(End of Clause)

PKC H-018

PKC H-018 - EMS TRAINING

Initial Environmental Management System awareness-level training is required for all personnel working on base at WPAFB.

(a) The installation office responsible for providing the EMS training is 88 ABW/CEVY

(b) The training requires less than 30 minutes

(c) The EMS Awareness-level training shall be accomplished within 30 days of contract (or modification) award. New contract employees shall be trained within thirty days of starting work on the installation.

(d) The EMS Awareness-level training is available via the 88 ABW/CEVY website (https://wrigem.wpafb.af.mil/viewchild.cfm?id=228), which provides materials that meet the training requirement.

(e) Upon completion of the training, the contractor shall provide the AF program manager (PM) a list of the contractor employees' names and the date the training was completed.

(End of Clause)

PKC H-019

PKC H-019 PROGRESS MEETINGS

The contractor shall be responsible for conducting project progress meetings at least every 2 weeks. The days and times shall be coordinated after contract award.

The meeting shall discuss at a minimum:

Work elements completed or scheduled to be completed

Open Requests for Information (RFI)

Submittals

Schedule discussion (Percentages scheduled to be complete/Percentages actually completed)

Project Issues/Action Items

Change Order Status

Progress meeting minutes shall be provided to all individuals attending and all other individuals deemed vital to the project. A sample format of the progress meeting minutes can be provided by 88 CONS/PKC upon request after contract award.

(End of Clause)

CLAUSES INCORPORATED BY FULL TEXT

88 CONS H-002 - Delivery Procedures Commercial Vehicles (JUL 2005)

All vehicles larger than a large pick-up truck are required to be inspected by the Wright-Patterson Air Force Base Commercial Vehicle Delivery Gate (CVDG) prior to entering the installation. Vehicles to be inspected include, but are not limited to, the following:

1. Step van/panel truck

2. Tractor/trailer, box and flat bed containing cargo

3. Tanker trucks

4. Box trucks

5. Tour buses

6. Garbage/recycled waste trucks

7. Concrete trucks/mixers, dump trucks

8. Cranes, recreational vehicles, petroleum tanker

This inspection will be conducted at Gate 16A located off State Route 444.

The following are exemptions to vehicles utilizing the CVDG:

1. If the vehicle has the product inside (concrete and asphalt trucks) and timely delivery is necessary due to product deterioration it does not need to enter the CVDG. To bypass the CVDG, the contractor shall submit a list containing drivers’ names, social security numbers and the state in which the driver's license is held for those drivers who will be entering the base. This shall be accomplished 24 hours prior to requested entry time. If entry is requested on Monday, this list must be submitted by Friday at 1630 hours. All lists shall be submitted to the 88th ABW/CE Directorate contract inspector. The only gates that may be used under this exemption shall be 15A, 26C, 38C, 1B, 26C and gate 1B. If the driver's name is not on the list, he/she will not be allowed access to the installation through these gates and the base will not assume liability for denied access.

2. If a delivery vehicle must exit, and then re-enter the base to complete its route, the vehicle shall be resealed upon exiting the base. After initially passing through the commercial vehicle delivery gate, trucks shall be resealed at Gates 15A, 38C and 22B. The resealing of the trucks will allow them to continue to any other area of the installation (Areas A, B, C, or Kittyhawk) without reprocessing through the CVDG. To receive resealing assistance, the drivers shall physically stop at one of the three authorized gates and request the installation entry controller to reseal their truck and provide the next location of their delivery. The controller will reseal the truck and give the delivery driver a pre-clearance form. The driver shall present the pre-clearance form to the entry controller at the next point of installation entry. This reentry can be through any base gate.

Vehicles may be subject to an inspection at any of installation entry control points during a directed random antiterrorism measure (RAM.) Any commercial vehicle, regardless of size, can be directed to the CVDG at the discretion of the installation entry controller.

88 CONS H003 PROCEDURES FOR RETURNING GOVERNMENT-ISSUED IDENTIFICATION (December 2006) The Contractor shall use the following procedures for returning Government-issued identification. Government-issued identification includes, but is not limited to, the common access card (CAC), vehicle stickers, medical center badges, and badges required for entry into buildings or secured areas of the base.

It is the Contractor’s responsibility to ensure all Government-issued identification is safeguarded from theft or misuse as well as returned to the Government upon expiration or termination of the contract or order. Contractors shall follow these instructions at the end of each option year, if applicable, regardless of the decision to exercise the next option.

Returning Government-Issued Identification

1. The Contractor’s Contract Manager (or Program Manager) shall be responsible for collecting all Government-issued identification.

2. The Contractor shall contact Security Forces at (937) 257-6506 to schedule an appointment for identification return. All identification for this contract or order shall be returned during this appointment with minimal exception.

3. Upon return of all identification Security Forces will provide the Contractor with a letter verifying receipt of identification. This letter will identify any badges that were not returned.

4. Medical center badges shall be returned to the medical center staff. The Contractor shall obtain a letter of receipt from the medical center staff.

5. Final invoices will not be paid until letters of receipt are received by the acceptor identified in this contract or order.

6. The Government may withhold monetary consideration from the final invoice for identification(s) that are not returned.

7. The Government reserves the right to consider the Contractor’s history of returning Government-issued identification when evaluating past performance and responsibility for future awards. Failure to return Government-issued identification may result in ineligibility for future contract awards if the contractor is barred from the base.

(End) Section I - Contract Clauses

PKC I-001

PKC I-001 - PREPARATION OF MATERIAL APPROVAL SUBMITTALS

The materials and workmanship submittals shall be done in accordance with AF Form 3000 “Material Approval Submittal” instructions.

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 10 days after the date the Contractor receives the notice to proceed (NTP) (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 135 calendar days for Project 04-0052 and 90 days for Project 05-0013. The time stated for completion shall include final cleanup of the premises and shall run concurrent with each other.

(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 $411.55 for Project 04-0052 and $161.97 for Project 05-0013.

(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.

(c ) It has been determined that additional liquidated damages are appropriate, due to mission impact, over and above those required for normal construction and administration costs in the amount of $10,442.88 per day for Project 04-0052.

(1) Heating Load: 42Mbtu/Hr.

(2) fuel Cost: Gas or fuel oil cost at $10.36/Mbtu.

(3) Operating Cost: 42Mbtu/Hr x $10.36/Mbtu = $435.12/Hr = $10,442.88 day

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 90 days.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUNE 2007)

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

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

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

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

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

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

(3) For long-term contracts--

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

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

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

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

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

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

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

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 238220 assigned to contract number .

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

(End of clause)

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (JAN 2005)

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

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; or

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

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. 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.

(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 or $3,000,000.00, whichever is less.-

(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 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 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.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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/ (End of clause)

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 of drawings:

PROJECT 04-0052

Number Sheet Designation

Date G-1

Title Sheet & Site/Location Plans

6/08

G-2

General Notes

6/08

CME-1

Removal Plan & Profile

CME-2

CME-3

Removal Plan & Profile; Option #1

6/08

CME-4

New Plan & Profile

CME-5

New Plan & Profile

CME-6

New Plan & Profile; Option #1

6/08

C-1

Concrete Shallow Trench/Manhole Details 6/08

C-2

Concrete Shallow Trench Details

6/08

M-1

Manhole S-222 Removals/New Work

6/08

M-2

Manhole S-223A Removals/New Work

6/08

M-3

Manhole S-223B/S-224 Removals/New Work 6/08

M-4

Manhole S-340/S-225 Removals

M-5

Manhole S-225A/S-225B Removals/New Work 6/08

M-6

Manhole S-226/S-227 Removals/New Work 6/08

M-7

Pump Pit S-298 Removals

M-8

Pump Pit S-298 New Work

M-9

Mechanical Details

M-10

Direct Buried Piping Details

M-11

Concrete Shallow Trench Details

6/08

M-12

Pump Pit S-298 Removals; Option #1

6/08

M-13

Pump Pit S-298 New Work; Option #1

6/08

M-14

Manhole S-299 Removals/New Work; Option 1 6/08

M-15

Manhole S-300 Removals/New Work; Option 1 6/08

E-1

Electric Circuit

PROJECT 05-0013

Number Sheet Designation

Date G-1

Title Sheet & Site/Location Plans

5/07

G-2

General Notes

5/07

CME-1

CME-2

Proposed Plan & Profile

M-1

Tunnel Details

M-2

Steam Pit Details

M-3

Bldg. 18E Details

M-4

Mechanical/Civil Details

(End of clause)

5352.201-9101 OMBUDSMAN (10 AUG 2005)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMBC A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen, Ms Karen Emery, ASC/CS, 1865 4th Street, Bldg. 14, Wright-Patterson Air Force Base, OH 45433, Tel. 937-656-4803, e-mail: karen.emery@wpafb.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUG 2007)

(a) The contractor shall obtain base identification and vehicle…