FA8601-10-R-0010 SABER Solicitation.doc

Section B - Supplies or Services and Prices

Simplified Acq of Base Eng Rqmt (SABER)

FFP

This acquisition shall provide one year of Simplified Acquisition of Base Engineering Requirements (SABER) service. The contractor shall perform any and all functions called out in the contract per scope specified in individual delivery orders issued against this contract. All performance shall be in accordance with the attached documents: SOW (Section J; Atch 1); Base Facility Stardard & Specifications (Section J, Atch 2); Wage Decision (Section J, Atch 3); Seed Project SOO (Section J, Atch 4); Addendum 1 (Section J, Atch 5); Specification Section 01 33 00 (Section J, Atch 6); VPP Safety & Health Plan Requirement (Section J, Atch 7) and Addendum 2 (Section J, Atch 8). The unit prices shall be as specified in the unit price database provided by the R.S. MEANS(R) Company, current as of the first date of the contract, updated quarterly, multiplied by the applicable coefficient entered below. THE MINIMUM TOTAL AWARD AMOUNT FOR THIS CONTRACT IS $25,000. THE MAXIMUM TOTAL AMOUNT FOR CONTRACT IS $10,000,000. The $10M maximum contract amount includes the 12 month base period of performance and the up to 6 month extension of services allowed by FAR 52.217-8; for a total maximum period of performance of up to 18 months.

CONTRACT COEFFICIENT = ________________

FOB: Destination

NSN: Z199-10-LS-Base

PROJECT: 101001

SIGNAL CODE: A

MAX

NET AMT

Section C - Descriptions and Specifications

PKJ C-001 ENG LANGUAGE REQS

PKJ 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)

C003 PROFESSIONAL DEGREES

C003

PROFESSIONAL DEGREES

The contractor shall employ at least one individual on staff holding the minimum of a bachelors degree in civil or structural engineering, or a bachelors degree in architecture. This individual(s) shall have direct oversight of all project design and planning activities. The requirement provides the Government with a measure of demonstrated assurance that a competent authority manages the contractor’s design and project planning activities. The requirement for a professional engineer may be needed at times, but may be obtained by using a professional engineering service. The requirement for a professional engineer shall not be construed to imply that all designs require professional engineering services. The possibility exists that occasional project designs could require proof of licensing (i.e., an Engineer’s stamp). The Government anticipates less than five percent (5%) of the designs will require this type of modification. However, when such conditions do occur, the contractor shall provide said proof of this discipline.

C004 CONSTRUCTION CODES

C004

CONSTRUCTION CODES

The contractor shall comply with the latest edition of the following building codes for any construction under this contract:

The Construction Codes required to be followed are as follows:

International Building Code (IBC)

NFPA 101 Life Safety Code

International Mechanical Code

National Electric Code (NEC)

International Plumbing Code

National Fire Protection Association Code (NFPA)

Uniform Facility Code (UFC)

Wright-Patterson Base Facility Standards (BFS)

The contractor shall have a copy of each of these documents for use during the term of the contract, and furnish one (1) complete set to the Government at the beginning of the contract. The contractor shall maintain these code books current throughout the life of the contract by obtaining copies of any and all revisions/updates as they become available, not to exceed sixty (60) days of the release of the revision. If there is a conflict between these codes, regulations, and specifications, the most stringent requirement shall take precedence.

Section E - Inspection and Acceptance

PKJ E-001 INSPECT & ACCEPTANCE

PKJ 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

NO CONTACT IDENTFIED

1450 LITTRELL RD

WRIGHT-PATTERSON AFB OH 45433-5209

FOB: Destination

F4F2AA

CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data

PKJ G-002 CONTRACT HOLIDAYS

PKJ 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.

4. Invoices shall be submitted (Selection determined by the Contracting Officer by placing an X in the appropriate block):

a. [. .] After Delivery of Supplies or Services

b. [X] Monthly (After Performance)

c. [. .] Quarterly (After Performance)

d. [. .] Semi-annually (After Performance)

e. [. .] Yearly (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: TBD

b. CONTRACT NUMBER: TBD

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

d. CAGE CODE: TBD

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. [. .] Invoice 2n1 (Services Only)

c. [X] Construction Payment Invoice

d. [. .] Commercial Item Financing (Note to contractor: To be used ONLY if authorized by the Contracting Officer)

e. [. .] Performance Based Payment (Note to contractor: To be used ONLY if authorized by the Contracting Officer)

f. [. .] Progress Payments (Note to contractor: To be used ONLY if authorized by the Contracting Officer)

g. [. .] Receiving Report

h. [. .] Invoice and Receiving Report (COMBO)

Note: Inspection = . . (source, destination) Acceptance = . . (source, destination)

i. [. .] Public Voucher (Note to contractor: If no selection is specified above, contractor shall utilize the Invoice 2n1 (Services Only) format. 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: F4F2AA 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 (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: john.vanscoy@wpafb.af.mil

b. ACCEPTOR: kevin.parks@wpafb.af.mil

c. CONTRACT ADMINISTRATOR: tracy.hunt-cupp@wpafb.af.mil

d. CONTRACTING OFFICER: kevin.parks@wpafb.af.mil

e. ADDITIONAL CONTACT: joe.brumfield@wpafb.af.mil

9. Questions concerning payments should be directed to the Defense Finance Accounting Services (DFAS) located in Block 15 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.

Section H - Special Contract Requirements

PKJ H-008 DOWNTIME-BASECLOSURE

PKJ 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)

PKJ H-018 EMS TRAINING

PKJ 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 thirty minutes

(c) The EMS Awareness-level training shall be accomplished within thirty 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)

PKJ H-019 PROGRESS MEETINGS

PKJ H-019

TIMEPATH MEETINGS

The contractor shall be responsible for conducting workload status update/progress meetings twice per month. The days and times shall be coordinated after contract award.

(End of Clause)

H-006 STATUTORY COST LIMITATIO

H-006

STATUTORY COST LIMITATIONS

Some delivery orders may be subject to a statutory cost limitation. In those instances, DFARS 252.236-7006 shall apply. It shall be referenced in those delivery orders.

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

PKJ I-001 PREP OF MATERIAL APP

PKJ 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)

PKJ I-002 TYPES OF TASK ORDERS

PKJ I-002 - TYPES OF TASK ORDERS (88 CONS/PKJ)

Only priced task orders shall be issued under this contract. Both parties shall agree upon all the terms of the task orders prior to issuance.

(End of Clause)

PKJ I-003 TASK ORDER PROCEDURE

PKJ I-003 - TASK ORDER PROCEDURES

1. This clause supplements clause 52.216-18.

2. The tasks identified in Section J, Statement of Work (SOW), of this contract are described in general terms. Individual tasks orders will be required from time to time to assign specifically defined tasks to the contractor.

3. Orders shall be issued against the contract in writing, dated and labeled as “TASK NUMBER XXXX” on a DD Form 1155. Each order shall identify the specific task to be accomplished, the completion date and the required reports to be delivered upon completion. Each order shall contain a citation of funds from which payment shall be made and shall be signed by the Contracting Officer. An order is considered “issued” when the Government deposits the order in the mail or hands it to the contractor’s representative.

4. Prior to issuance of a Task Order, the contractor and a designated Government representative from 88 CONS/PKJ and/or 88 ABW/CEC will complete a scope/job walk of the prospective project. This will give the contractor a better understanding of what is entailed for the effort. This also allows both parties to reach an agreement on how the effort will be conducted. Once this is accomplished, the official RFP will be submitted to the contractor for pricing.

5. The Contracting Officer will award task orders in accordance with the following procedures:

(a) Request for Proposal (RFP): The Contracting Officer shall furnish the Contractor with a written request for proposal (RFP) that includes:

(1). A description of the specified work required;

(2). The anticipated performance period;

(3). Any other pertinent information (such as site or location).

(b) Proposal: The Contractor shall, within the time specified, provide an original (additional copies, if requested) proposal that addresses:

(1) The comprehensive technical and management approach to accomplish the work effort;

(2) A detailed cost proposal using prepriced line items from RSMeans. The proposal shall include labor rates in accordance with the wage determination as stated in Section J of the contract.

(3) A proposed schedule for completing the delivery order effort;

(4) Any other pertinent information.

(c) Discussions/Negotiation: The Contracting Officer will review the proposal and enter into discussions/negotiation with the contractor as necessary.

(d) Task Order Issuance: The CO will issue a task order that will include:

(1) Contract and Task Order Number;

(2) Statement of Work that may include reference to applicable specifications;

(3) Government-furnished property, material or base support to be made available during performance;

(4) Total price;

(5) Performance period;

(6) The Contracting Officer's Representative (COR) as well as any other points of contact;

(7) Any other pertinent information deemed necessary during the performance.

(e) Contractor Performance: Upon receipt of a written order issued by the Contracting Officer, the Contractor shall furnish the services/supplies as set forth in the Task Order.

6. The OPR will be responsible for evaluating the Contractor's Implementation plan and shall recommend (i) approval of the plan, (ii) approval of the plan after resolving problems, or (iii) disapproval of the plan. The Contracting Officer will enter into negotiations with the Contractor to resolve problems and determine price.

7. The fixed price dollar amount of the Task Order will be determined by multiplying the negotiated price to perform the project (as determined by the appropriate RSMeans line items) by the proposed coefficient.

8. Following negotiations, a unilateral order shall be issued by the Contracting Officer on a DD Form 1155. Changes to the Order shall be issued by written bilateral modification by the Contracting Officer.

9. Although task order awards, by law are not subject to protest, an Ombudsman is available to hear complaints on any perceived inequities in the placement of awards. The Ombudsman for Air Force Materiel Command is:

Howard E. Marks, Jr.

ASC/AQH

1755 Eleventh St. B570, R101

WPAFB, OH 45433-7404

Tel 937-255-8642

E-mail howard.marks@wpafb.af.mil

(End of Clause)

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT-REPORTING REQUIREMENTS (MAR 2009)

(a) Definitions. As used in this clause—

Contract, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

First-tier subcontract means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

Jobs created means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Jobs retained means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Total compensation means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) ( FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government's on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(l) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than (time specified on individual delivery orders*).

*The time stated for completion shall include final cleanup of the premises.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of (to be cited on individual task orders) for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.216-18 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 date of award to 365 days after date of award..

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $1,000,000;

(2) Any order for a combination of items in excess of $1,000,000 or

(3) A series of orders from the same ordering office within two (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 three (3) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or…