Solicitation - Repair HVAC ETF-C Compressor Bldg 913.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

FA9101-10-B-0014

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

09 AUG 2010

PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUESTION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY AEDC PKE CODE FA9101 8. ADDRESS OFFER TO

AEDC/PKE

100 KINDEL DRIVE, SUITE A-332

ARNOLD AFB, TN 37389-1332

john.lominac@arnold.af.mil

AEDC/PKE

100 Kindel Drive, Suite A-332 Arnold AFB, TN 37389-1332 John Lominac Jr. (931) 454-7844

9. FOR INFORMATION

CALL:

A. NAME

JOHN K. LOMINAC JR

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

454-7844 X931

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no, date):

Construction Specification for Repair HVAC ETC-C Compressor Building 913, Specification No. 12868-10-0001, dated 10 June 2010, and Aerial and Lined Drawings (10).

Award pursuant to the Small Business Competitiveness Demonstration Program.

The estimated construction magnitude is between $25,000 and $100,000.

11. The Contractor shall begin performance within _10__ calendar days and complete it within __154__ calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See _FAR 52.211-10_.)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES”, indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 2:00 P.M. (hour) local time 08 September 2010. If this is a sealed bid solicitation, offers will be publicly opened at that time.

Sealed envelopes containing offers 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 guarentee [ ] is [X ] is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

E. There will be an organized site visit on 24 August 2010 at 9:00 A.M. (local time). See FAR provision 52.236-27, Site Visit (Construction) in Section L of the solicitation for requirements of the site visit.

NSN 7540-01-155-3212

ConWrite Version 6.12.0 Created 09 Aug 2010 3:11 PM

1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within __ __ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT 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)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

See Section G

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

26. ADMINISTERED BY

CODE

27. PAYMENT WILL BE MADE BY

EFT:T

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return _______ copies to issuing office.)

Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award,

(b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation, is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

TONY CLAYBORNE

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

STANDARD FORM 1442 PAGE 2 (REV. 4-85)

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B FA9101-10-B-0014

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

Repair HVAC ETF-C Compressor Bldg 913

0001 1 __________ Lot __________ Noun: REPAIR HVAC ETF-C COMPRESSOR BLDG 913

ACRN: AA

NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

Repair HVAC ETF-C Compressor Building 913 in accordance with Attachment 1, General Specification to Repair HVAC ETF-C Compressor Building 913 dated 10 June 2010.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B FA9101-10-B-0014

NO CLAUSES OR PROVISIONS IN THIS SECTION

SECTION C - DESCRIPTION/SPECS./WORK STATEMENT

SECTION C FA9101-10-B-0014

SECTION D - PACKAGING AND MARKING

SECTION D FA9101-10-B-0014

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E FA9101-10-B-0014

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-13 INSPECTION -- DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS

(AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

SECTION F FA9101-10-B-0014

SHIP MARK TRANS

ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE

0001 1 F1EESF FA9101 ASREQ

Noun: REPAIR HVAC ETF-C COMPRESSOR BLDG 913

ACRN: AA

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G FA9101-10-B-0014

Obligation ACRN Appropriation/Lmt Subhead/Supplemental Accounting Data Amount

AA $0.00

57 03600 290 4711 6606MC 7A2GK0 52900 65976F 503000 F03000

Funding breakdown: On CLIN 0001: $0.00

JON: 00012868

Descriptive data:

J20100

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

OTHER CONTRACT CLAUSES IN FULL TEXT

AEDC-G001 SUBMISSION OF INVOICES (AUG 2010)

Invoices, supported by a Contract Progress Report (AF Form 3065) under this contract, shall be submitted electronically using Wide Area Work Flow (WAWF)as a CONSTRUCTION invoice in accordance with DFARS Clause 252.232-7003.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H FA9101-10-B-0014

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

OTHER CONTRACT CLAUSES IN FULL TEXT

AEDC-H001 CONTRACTOR IDENTIFICATION (AUG 2010)

(a) Contractor personnel and their subcontractors must identify themselves as Contractors or subcontractors during meetings, telephone conversations, in electronic messages, or correspondence related to this contract.

(b) Contractor-occupied facilities (on AFMC or other Government installations) such as offices, separate rooms, or cubicles must be clearly identified with Contractor supplied signs, name plates or other identification, showing that these are work areas for Contractor or subcontractor personnel.

AEDC-H002 DISPOSAL AREAS (AUG 2010)

An approved disposal area is located about 2 miles from the construction site. This area is approved for surplus earth, stone, broken concrete, and building materials waste. Building materials waste also includes containers, dunnage, and other related items.

AEDC-H003 EXISTING UNDERGROUND UTILITIES (AUG 2010)

The location of existing underground utilities as shown on the contract drawings has been taken from as built drawings. There may be underground utilities which are not shown on the contract drawings and these utilities may be dangerous if ruptured. If the Contractor unearths or strikes any underground utility not shown, the excavation work shall cease and the Contracting Officer shall be notified immediately.

The Contractor shall determine with caution the exact location of such utilities and will not proceed with further excavation unless otherwise advised by the Contracting Officer.

AEDC-H004 PROGRESS SCHEDULE (AUG 2010)

(a) In accordance with FAR Clause 52.236-15, which is incorporated by reference in the Contract Clauses section of this solicitation, the Contractor shall submit three copies of a progress schedule (Air Force Form 3064) for review and approval by the Contracting Officer no later than five days after beginning work on the project site. The Contractor shall comply with the procedures for completing the form on the reverse of the Air Force Form 3064.

(b) When requesting payment for materials stored on site, the Contractor shall include stored materials as a separate work element on the progress schedule and submit paid invoices to support the request for payment.

AEDC-H005 REQUIRED INSURANCE (AUG 2010)

Pursuant to FAR clause 52.228-5, Insurance - Work on a Government Installation (JAN 1997) (Deviation) the contractor shall maintain the following minimum amounts of insurance:

TYPE AMOUNT

Workers' Compensation & Employer's Liability $100,000 Insurance General Liability Insurance (Bodily Injury) $500,000 per occurrence Automobile Liability $200,000 per person $500,000 per occurrence for bodily injury $20,000 per occurrence for property damage

AEDC-H006 INSURANCE CLAUSE IMPLEMENTATION (AUG 2010)

The Contractor shall obtain and maintain the minimum kinds and amounts of insurance during performance of this contract as specified by FAR 28.307-2 Liability, and contemplated by FAR 52.228-5, Insurance--Work on a Government Installation, and/or 52.228-7, Insurance--Liability to Third Persons.

AEDC-H007 SAFETY (AUG 2010)

The Contractor will obtain AEDC/SE coordination to assure adequate safety coverage. The Contractor shall take or cause to be taken such additional measures as the Contracting Officer may determine to be reasonably necessary for the protection of life and health of employees and other persons and for prevention of damage to property, materials, supplies, and equipment. The Contractor shall comply with safety rules (tags and work clearances) of the AEDC Support Contractor at interface points of new construction and modifications to existing systems and with AEDC Base Safety Standards.

AEDC-H008 SANITATION (AUG 2010)

The Contractor shall provide toilet facilities in a ratio of not fewer than one for each 30 persons or fraction thereof. Connections to existing sanitary sewer manholes may be made. The Contractor shall supply drinking water from conections to the existing potable water system. The Contractor shall take proper precautions to protect the water system from damage and contamination. Any temporary connections made for drinking water or toilet facilities shall be removed by the Contractor in a manner satisfactory to the Contracting Officer before final acceptance of the work.

AEDC-H009 SECURITY RULES AND REGULATIONS (AUG 2010)

Paragraph

1. General Security Requirements

2. Employee Listing and Badges

3. Citizenship

4. Vehicle Use

5. Traffic Laws

6. Private Cameras

7. Cellular Phone

8. Visitors

9. Labor Protests

10. Rooftop Access

11. Firearms

12. Security of Private Property & Vehicles Inspections:

13. Sponsoring Visitors

14. Reporting Requirements

15. Escort Requirements for Foreign Nationals Performing On Construction Projects

16. National Agency Check (NAC) Investigations

17. Operations Security (OPSEC) Requirements

18. Freedom of Information Act Program (FOIA)

19. Physical Security

20. Security Reviews/Exercises

21. References

22. Prescribed Forms

23. Abbreviations and Acronyms

1. GENERAL SECURITY REQUIREMENTS: The contractor shall comply with all security regulations and directives as identified herein and other security requirements shown elsewhere in this contract. These requirements apply to all contractors working on Arnold AFB that DO NOT have access to classified information in the performance of their contract. Arnold Engineering Development Center (AEDC) is a closed military installation, therefore the below requirements and procedures are prerequisites to the issuance of any government identification. Contractor requests for exceptions to the below requirements and procedures shall be addressed to the Contracting Officer/designee who will obtain an approval or disapproval from the installation commander who has the final authority on access issues.

2. EMPLOYEE LISITING AND BADGES: The contractor (company representative also known as the site superintendent) shall provide an updated GC Form 698, Contractor Employee Notice, listing each employee that will require access to prior to contract start. Badges and passes are issued at Visitor Control located adjacent to the main gate. Your contract monitor will provide Visitor Control a GC Form 700, Contract Clearance Request, which will identify the company representative. The company representative will provide a list of employees via the GC Form 698 to Visitor Control in person and will attach to the GC Form 698 copies of the birth certificate, Social Security Number, and state driver's license (if assigned). Visitor Control will not issue badges without this documentation or a current GC Form 700 on file. The badges are government property and must be retrieved and turned in upon completion of the contract. These badges must be presented at the gate for entry and displayed on the front of an outer garment and above the waist with the photograph visible at all times within the fenced area. The badge may be worn on a necklace/chain provided the badge remains visible outside the outer garment, above the waist, and the picture is shown outward.

NOTE: If displaying the badge on the outer garment in the immediate work area will create a safety hazard, then the badges can be removed and placed in the pocket of the individual. Upon departure of the immediate area, the badge will be displayed.

NOTE: Returning ID badges (if applicable) and Passes. Upon contract completion (to include employment termination), and before final payment can be made, the contractor shall ensure all ID badges (if applicable) have been turned in to the issuer and vehicle passes/decals have been returned to Visitor Control . Contractor employees terminating employment for any reason shall return all ID badges (if applicable) and vehicle passes/decals prior to departing the base.

3. CITIZENSHIP: All employees performing on this contract must be a US citizen or Registered Alien and show proof of citizenship. The AEDC host shall require that all Registered Aliens have in their possession their Permanent Resident Cards. A minimum lead-time of 14 business days is required to facilitate timely Permanent Resident Card validation. The visiting Lawful Permanent Resident (LPR) must provide color copies (front & back) of their Permanent Resident Card and their internal passport information (photo/documentation). Visiting LPRs having business with Aerospace Testing Alliance (ATA) must submit this documentation to the host and contractor security office. The contractor security office will coordinate directly with the AEDC Foreign Disclosure Office to complete the validation process and render a recommendation to authorize or deny access. All other visiting LPRs must submit their documentation directly to the Foreign Disclosure Office via mail. (Address: Foreign Disclosure Office, MS-2305, 251 Von Karman Road, Arnold AFB, TN 37389-2305) The Foreign Disclosure Office will provide a list of authorized LPR personnel to Visitor Control, allowing entry into the applicable areas.

Registered Aliens not on an approved list will not be permitted entry into any part of Arnold AFB. If Registered Aliens failed to produce the proper Immigration and Naturalization Service (INS) credentials, they will be denied access to all portions of Arnold AFB. You will be held responsible for complying with federal statutes, which prohibit the hiring of illegal aliens and foreign nationals who are not authorized to work in the United States. Non-US citizens must be identified and present their resident alien cards to Pass and Identification to show proof that they have been legally admitted to the United States. Failure to show proof will result in entry being denied. Employment of Foreign Nationals by Contractors at Arnold Air Force Base: The use of Foreign Nationals in the performance of contracts on AEDC will require prior notification to the Contracting Officer. In accordance with U.S. Immigration and Naturalization Service Directive 210, all foreign nationals performing on contract in support of any Federal Government activity will provide to that activity, identification and authorization for the performance of work within the U.S., for each individual. Information shall consist of the following and copies attached to the GC Form 698 for Pass and Identification. (Visitor Control will not issue badges without this documentation or a current GC Form 700 on file.)

Name Nationality Place of birth (Birth Certificate)(Copy maintained at Visitor Control ) Date of birth Social Security Number (Copy maintained at Visitor Control ) State driver license number (if assigned) (Copy maintained at Visitor Control ) Passport/Visa/Alien Registration Number(s) (Copy maintained at Visitor Control) Naturalization documents (Copy maintained at Visitor Control ) A foreign national is defined as any individual that is not a U.S. Citizen, regardless of any status or documentation promulgating the intent to become a U.S. Citizen. Any overt or negligent act in the lack of prior reporting of any employee deemed to be a non-U.S. Citizen shall be determined to be a violation of contract. The violation shall be formally reported to all government activities or agencies deemed necessary.

4. VEHICLE USE: If a personal vehicle will be operated on the base the operator must possess a valid state driver's license, ID card (if applicable), proof of ownership (title, state registration, bill of sale or lease agreement) and proof of insurance are required to be available at all times. The employee shall be responsible for maintaining insurance that meets or exceeds the minimum requirements of state law.

5. TRAFFIC LAWS: The contractor and its employees shall comply with base traffic regulations and installation entry/exit security measures. Vehicle operators are subject to random vehicle inspections.

6. PRIVATE CAMERAS: Use of private cameras inside the mission area is not allowed in areas marked as "No Photography." If you need photographs of your job site, you should contact your contract monitor.

Professional quality photo support can be provided by the base photo lab. Use of cameras in administrative areas is generally permitted.

7. CELLULAR PHONE: Cellular Telephones (private and government owned) are authorized for use on Arnold AFB except at facilities and/or areas where Facility. Managers or Safety Office has posted a policy prohibiting their use. A hands-free device must be utilized if a cell phone is used when driving.

8. VISITORS: To expedite entry into the mission area, during normal duty hours, call Visitor Control at Ext. . #5453. During non-duty hours, call the Security Forces Control Center (SFCC) at Ext. #5662. Only the company representative can authorize visitors (US citizens) in conjunction with the specific contract.

9. LABOR PROTESTS: If your company becomes a target of a labor protest while you are working on the installation, you will be assigned a gate to enter and exit the mission area, other than the main gate. All your employees will be directed to utilize this strike gate.

10. ROOFTOP ACCESS: You and your contract monitor are reminded that you must have permission from the building manager before you can access the roof of any building.

11. FIREARMS: Are prohibited within the fenced mission area. Concealed carry permits are not valid on any part of Arnold AFB.

12. SECURITY OF PRIVATE PROPERTY & VEHICLES INSPECTIONS: Secure your private property. Be prepared for vehicle inspections any time you are on Arnold AFB property.

13. SPONSORING VISITORS: Contractors that sponsor another contractor's visit shall receive an endorsement from the prime contractor or Department of Defense (DoD) Representative and comply with specified requirements.

14. REPORTING REQUIREMENTS: Contractor personnel shall report to an appropriate authority, any information or circumstances of which they are aware may pose a threat to the security of DoD personnel, contractor personnel, resources, and classified or unclassified defense information. Reports may be made to the Security Police at 454- 5662, the 704th Mission Support Group/Security Forces (704 MSG/SF), at 454-3424/7610 or the Air Force Office of Special Investigations at 931-454-7820.

15. ESCORT REQUIREMENTS FOR FOREIGN NATIONALS PERFORMING ON CONSTRUCTION

PROJECTS

The following rules apply to your responsibilities associated with escorting and monitoring your workers who are foreign nationals:

a. All foreign national employees must have permission of the government prior to working on any contract.

b. Non-US citizens will be issued a purple badge with the citizen's name and Citizenship on the badge. The badge must be worn at all times within the fenced in portion of AEDC.

c. You must appoint an escort who is a US citizen to escort non-US Citizens; Continuous monitoring is required, to include rest breaks, lunch, etc.

d. You must insure that access is limited to only authorized work areas. The only EXCEPTION is the main cafeteria.

e. The escort must retrieve the non-citizen's badge and vehicle pass, at the end of each work shift and hold it until the next day. Non-US citizens are not permitted to retain possession of their badges and vehicle passes overnight.

f. The non-citizen will not be allowed to enter or exit the fenced mission area without an escort. A representative of your company who is a US citizen must accompany the non-citizen at all times.

g. The non-citizen's badges and vehicle pass will be retrieved at the end of the project and returned to Visitor Control.

h. The contract monitor is responsible for notifying Facility Managers and custodians any time non-citizens are working within buildings.

i. All foreign national employees will process through Visitor Control upon arrival at AEDC on a daily basis for obtaining the appropriate badge.

16. NATIONAL AGENCY CHECK (NAC) INVESTIGATIONS: Contractor employees who require access into Government Automated Information or Computer Systems shall comply with the investigative requirement which consist of a favorably adjudicated National Agency Check (NAC). The installation commander or his designee, Designated Approval Authority Representative approves all requests for access, denials or withdrawals of access for contractor employees. Requested for NACs will be submitted to The Personnel Security section, (704 MSG/SF), who will process the request for Contractor NACs for investigation upon receipt of a completed Standard Form 85P, Questionnaire for Public Trust Positions. Contractors requiring interim access to AEDC information systems, prior to receiving a favorable NAC, must request interim access, through the AEDC Designated Approving Authority Representative (DAAR) through 704th Mission Support Group/Communications Squadron (704 CS).

Final AIS Access determination will require the Squadron Commander/Staff Agency Chief or other sponsoring activity to review the local files check, SF 85P, and any derogatory information before submission to the DAAR who determines final approval/disapproval. Contractor personnel who have a current, favorable government personnel security background investigation that is electronically accessible and immediately verifiable by the Government within the Joint Personnel Adjudication System (JPAS) are not required to obtain an additional background check for the purposes of complying with this clause (i.e., existing current, favorable security clearances may be used in lieu of the requirements of this clause).

17. OPERATIONS SECURITY (OPSEC) REQUIREMENTS: The contractor will comply with the AEDC OPSEC Program and will protect critical or sensitive information per AFI 10-701, Operations Security (OPSEC), and the OPSEC Protection information provided below. Contractor organizations requiring access to unclassified technical data disclosing militarily critical technology with military or space application must be certified with the Defense Logistics Information Service (DLIS) Joint Certification Program (JCP). OPSEC critical information can be released to government and AEDC contractor personnel with a valid need-to-know. Contact the ATA OPSEC Support Representative, Ext. 3131 or the AEDC OPSEC Program Manager at Ext. 7610 for clarification.

DLIS Certification:

Certification by the DLIS JCP is required for all U.S. or Canadian contractors who wish to obtain access to unclassified technical data disclosing militarily critical technology with military or space application that is under the control of, or in the possession of the DoD or the Canadian Department of National Defense.

Certification under the JCP establishes the eligibility of a U.S. or Canadian contractor to receive technical data governed, in the U.S., by DoD Directive 5230.25. To request DLIS Certification contractors must submit a DD Form 2345, Military Critical Technical Data Agreement, to DLIS along with a copy of the company's State Business License, Incorporation Certificate, Sales Tax Identification Form or other documentation, which verifies the legitimacy of the company.

Types of sensitive information:

· Distribution Limited Controlled Technology (has a distribution statement other than "A")

· Export Controlled information (has a warning notice that it is export controlled)

· For Official Use Only (FOUO - requires official government business need to know)

· Proprietary - belongs to a commercial entity

· Competition Sensitive - government is competing between multiple contractors - temporary designation

· Company Restricted - belongs to an organization

· Privacy Act Information - requires protection from unauthorized access (includes social security numbers, phone telephone numbers, specific salary data, etc.)

· Designated OPSEC Critical Information

OPSEC GUIDANCE: Applies to the access, handling, and protection of all sensitive information

Destruction:

When no longer required, sensitive information must be destroyed by any means that will prevent reconstruction of the material, preferably by shredding (if shredded, use equipment that produces no more than ½-inch residue and crosscuts the text so a legible line of text is not produced.) or initializing, degaussing, or shredding magnetic media.

Recycling:

Place only public domain materials such as textbooks, vendor catalogs and instruction booklets, magazines, newspapers, blank papers and forms, specification books and catalogs, BellSouth telephone books, etc. in Recycle bins

Reproduction:

Reproduce sensitive information on standard office equipment, but ensure all waste, overruns, originals, etc. are properly retrieved and stored or destroyed

Storage/Protection and Access:

When unattended, ensure locked protection of sensitive information from unauthorized access

Need-to-know must be verified before granting access to sensitive information - includes phone inquiries and unsolicited emails

Release of Information:

Need-to-Know must be verified prior to granting access to the information Do not discuss sensitive information over open, unsecured communication devices, such as telephones (includes cellular telephones), two-way radios, Blackberry devices, etc.

Do not telefax sensitive information over an unsecure (unencrypted) telefax machine Sensitive information must be encrypted prior to transmission over computer lines (email, Internet, etc.)

Do not place sensitive information or material on an external web site or web page that is accessible to unauthorized personnel (sensitive information is not approved for release to the public) Limit cafeteria and other "public use area" discussions to that which is approved as public domain or unofficial business.

18. FREEDOM OF INFORMATION ACT PROGRAM (FOIA): Access to FOUO material shall be limited to those employees needing the material to do their jobs. The FOUO marking is assigned to material created by a DoD User Agency. It is not authorized as a substitute for a security classification marking, but is used on official government information that may be withheld from the public under exemptions 2 through 9 of the Freedom of Information Act (FOIA). FOUO marking is assigned to information at the time of its creation by a DoD User Agency. Contractors may only disseminate FOUO information to their employees and subcontractors who have a need for the information in connection with the management of the contract. The contractor shall comply with DoD Regulation 5400.7/Air Force Supplement, DoD Freedom of Information Act Program, requirements. The regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, transmitting, and safeguarding FOUO material. Reporting Requirements:

19. PHYSICAL SECURITY: Areas controlled by contractor employees shall comply with base Operations Plans/Instructions for Force Protection Conditions procedures, Random Antiterrorism Measures and local search/identification requirements. The contractor shall safeguard all government property, including controlled forms, provided for contractor use. At the close of each work period, government training equipment, ground aerospace vehicles, facilities, support equipment, and other valuable materials shall be secured.

20. SECURITY REVIEWS/EXERCISES: The contractor may be subject to various security program reviews and participate in exercises in conjunction with the Air Force activity assigned.

21. REFERENCES

· U.S. Immigration and Naturalization Service Directive 210

· DoD Directive 5230.25,

· DoD Regulation 5400.7/Air Force Supplement, DoD Freedom of Information Act Program

· AFI 10-701, Operations Security (OPSEC)

· AEDC ISI 31-101, Installation Security Instruction

22. PRESCRIBED FORMS

· GC Form 698, Contractor Employee Notice

· GC Form 700, Contract Clearance Request

· Standard Form 85P, Questionnaire for Public Trust Positions

· DD Form 2345, Military Critical Technical Data Agreement

23. ABBREVIATIONS AND ACRONYMS

· ATA Aerospace Testing Alliance

· AEDC Arnold Engineering Development Center

· DLIS Defense Logistics Information Service

· DoD Department of Defense

· FOUO For Official Use Only

· FOIA Freedom Of Information Act Program

· INS Immigration and Naturalization Service

· JCP Joint Certification Program

· LPR Lawful Permanent Resident

· NAC National Agency Check

· OPSEC Operations Security

· SFCC Security Forces Control Center

· 704 CS 704th Communications Squadron

· 704 MSG/SF 704th Mission Support Group/Security Forces

AEDC-H010 TECHNICAL SURVEILLANCE (AUG 2010)

The Government designates the Air Force Project Engineer and the AEDC Mission Support Contractor to perform technical surveillance. They will recommend to the Contracting Officer acceptance or rejection of work under this contract. All references to the "Government representative " within the specification or other project documents shall mean the Air Force Project engineer or the AEDC Mission Support contractor personnel performing technical surveillance on behalf of the Government. As used in the specification or other project documents, the term "construction monitor" shall be understood as referring to the AEDC Mission Support Contractor personnel performing technical surveillance on behalf of the Government.

AEDC-H011 UTILITIES AVAILABLE (AUG 2010)

(a) Water: All reasonable required amounts of potable and raw water will be made available without cost to the Contractor from existing systems, outlets, and supplies near the vicinity of the work. All water shall be carefully conserved. All temporary connections and piping installed by the Contractor shall be removed in a manner satisfactory to the Contracting Officer prior to final acceptance of the work.

(b) Electricity: All reasonably required amounts of 60 HZ electric power at 110V and 480V will be made available without cost to the Contractor from existing electrical systems near the vicinity of the of the work.

The Contractor shall install and maintain at no cost to the Government any necessary supply connections and facilities in a manner satisfactory to the Contracting Officer. All electrical service shall be removed in a manner satisfactory to the Contracting Officer.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

SECTION I FA9101-10-B-0014

Contract Clauses in this section are from the FAR, Defense FAR Sup, Air Force FAR Sup, and the Air Force

Materiel Command FAR Sup, and are current through the following updates:

Database_Version: 6.12.x.600; Issued: 7/23/2010; FAR: FAC 2005-44, 43 (Partial); DFAR: DCN20100713;

DL.: DL 98-021; Class Deviations: CD 2010-O0014; AFFAR: 2002 Edition;

AFMCFAR: AFMCAC 07-13; AFAC: AFAC 2010-0402; IPN: 98-009

I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.204-07 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

52.204-09 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUL 2010)

52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

(SEP 2006)

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

(a) Number of calendar days is '10'

(c) Number of days or calendar date is '154 calendar days after receipt of Notice to

Proceed'

52.214-29 ORDER OF PRECEDENCE -- SEALED BIDDING (JAN 1986)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

52.222-01 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-03 CONVICT LABOR (JUN 2003)

52.222-06 DAVIS-BACON ACT (JUL 2005)

52.222-07 WITHHOLDING OF FUNDS (FEB 1988)

52.222-08 PAYROLLS AND BASIC RECORDS (JUN 2010)

52.222-09 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)

52.222-26 EQUAL OPPORTUNITY (MAR 2007)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (FEB

1999)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)

52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

52.223-02 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (DEC 2007)

52.223-05 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003)

52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (MAY 1995)

52.225-09 BUY AMERICAN ACT--CONSTRUCTION MATERIALS (FEB 2009)

Para (b)(2). Insert excepted materials or "none". 'None'

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.227-04 PATENT INDEMNITY -- CONSTRUCTION CONTRACTS (DEC 2007)

52.228-11 PLEDGES OF ASSETS (SEP 2009)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (OCT 1995)

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

Para (a), Payment protections: 'Payment Bond, Irrevocable Letter of Credit' Para (c), Number of days. '10'

52.232-05 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR

REGISTRATION (OCT 2003)

52.233-01 DISPUTES (JUL 2002)

52.233-03 PROTEST AFTER AWARD (AUG 1996)

52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.236-02 DIFFERING SITE CONDITIONS (APR 1984)

52.236-03 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

52.236-04 PHYSICAL DATA (APR 1984)

Description of investigational methods used: 'surveys' Summary of weather records and warnings '

(1) The location of the work is subject to atmospheric temperature ranging from minus 10 degrees F to plus 105 degrees F. The average annual rainfall is about 54 inches and the average annual snowfall is about 4 inches.

(2) Time Extensions for Unusually Severe Weather

a. Based on data from the National Oceanic and Atmospheric Agency

(NOAA), the following number of adverse weather days can be anticipated at Arnold AFB, TN in the month indicated.

JAN 16 MAY 8 SEP 7

FEB 13 JUN 6 OCT 5

MAR 9 JUL 8 NOV 7

APR 7 AUG 5 DEC 13

b. From receipt of Notice to Proceed throughout the contract performance period, the Government Project Officer will record daily the actual number of adverse weather days which prevent work for at least 50 percent of the contractor's workday.

c. Only after the cumulative number of "adverse weather days" as defined in b., above, has reached the total calculated from the monthly figures listed in a., above, or the proportionate number for partial calendar months in the performance period, will the Contracting Officer consider a time extension in accordance with the clause entitled "Default (Fixed-Price Construction)." A time extension will be granted on a day-for-day basis if the Contracting Officer determines that additional adverse weather days prevent work for at least 50 percent of the contractor's workday and delay work critical to the timely completion of the contract.

d. The contractor's schedule must reflect the delays associated with the anticipated adverse weather days listed in a., above. The Contracting Officer will grant no time extensions for adverse weather days within the cumulative total of the monthly numbers listed.'

Summary of transportation facilities providing access from the site ' Transportation Facilities to AEDC Fenced Area

(1) Highways. U.S. Highway 41A is a paved road passing through

Tullahoma, Tennessee. U.S. Highway 41 and Interstate 24 are paved roads passing through Manchester, Tennessee. State Highway 55 is a paved road connecting U.S.

Highway 41 and 41A at Manchester and Tullahoma, respectively.

Access to the AEDC area can be gained from State Highway 55 near Tullahoma via new paved highway intersecting U.S. Highway 41, 5.5 miles southwest of Manchester and 3.8 miles from the area entrance, and Interstate 24, 3.5 miles southeast of Manchester and

2.5 miles from the area entrance. Concrete pavements have been constructed within the AEDC area and may be used subject to the restrictions set forth herein. Access to the sites of work from the paved areas and other routes shall be provided and maintained by and at the expense of the Contractor. The route for equipment which is not permitted to operate on the concrete pavement shall be as approved by the Contracting Officer. No construction truck or trailer vehicles shall be operated upon pavements of the AEDC area except within the following load limitations.

(d) Travel Within the AEDC Area

(1) Streets and Roadways. Streets have been constructed within the

AEDC area and may only be used subject to the restrictions set forth herein.

a. A "Special Permit" is required for the movement of all construction equipment, unless hereinafter provided otherwise, which is to be moved over streets or over areas containing underground ducting, piping, or overhead utilities. Application for the Special permit to move heavy equipment will be submitted to the Contracting Officer. Application for such movements will be made sufficiently in advance of the time needed to avoid delays in movement. Only wheel or tire vehicles which fall under the following maximum allowable load limitations may operate without permit upon AEDC streets:

DESIGN AXLE AND WHEEL LOADS ON STREETS

Maximum Allowable Loads in Pounds

*Truck or Trailer **Large Tire Equipment Streets Per Axle Per Wheel Per Axle Per Wheel

Avenues A, B, and C and 2nd Street 18,000 9,000 25,200 12,600 Avenue E 24,000 12,000 33,600 16,800 1st, 4th, and 5th Streets 24,000 12,000 36,600 16,800 3rd Street between Avenues B and C 18,000 9,000 25,200 12,600 3rd Street between C and E 24,000 12,000 33,600 16,000

*Axles must be spaced greater than 40" apart.

**Equipment with tires wider than 16", such as large earth moving equipment.

These restrictions permit the operation of fully loaded DW-10's with No. 10 scrapers only on pavements with a maximum allowable load of 33,600 pounds. The axle load for large tire equipment shall be based upon the manufacturer's specified weights for fully loaded equipment.

b. If any equipment exceeds the above load limitations, or any track vehicles are used, the pavement must be protected with earth or fiber at the expense of the Contractor. Compliance with the above requirements does not preclude the Contractor's liability for any damage which results from his travel over AEDC streets.

(2) Other Routes. Routes for use of equipment which is not permitted on AEDC streets shall be as shown on the drawings, or as approved by the

Contracting Officer. Access to the sites of work from the paved areas, and other routes, shall be provided and maintained by and at the expense of the Contractor.

(3) Traffic Regulations. The Contractor shall be cognizant of and comply with all AEDC traffic regulations as published and enforced on the AEDC Installation.'

Other pertinent information: 'None'

52.236-05 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-06 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-07 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-09 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS (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)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.243-05 CHANGES AND CHANGED CONDITIONS (APR 1984)

52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2010)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.249-01 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)

(SHORT FORM) (APR 1984) - ALTERNATE I (APR 1984)

52.253-01 COMPUTER GENERATED FORMS (JAN 1991)

B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(JAN 2009)

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 ALTERNATE A, CENTRAL CONTRACTOR REGISTRATION (SEP 2007)

252.204-7008 EXPORT-CONTROLLED ITEMS (APR 2010)

252.211-7003 ITEM IDENTIFICATION AND VALUATION (AUG 2008)

Para (c)(1)(ii). Items with acquisition cost less than $5,000. 'N/A' Para (c)(1)(iii). Attachment Nr. 'N/A'

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS

MATERIALS (APR 1993)

252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(MAR 2008)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.236-7000 MODIFICATION PROPOSALS--PRICE BREAKDOWN (DEC 1991)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

Para (e). Identify drawings. 'Cover Sheet/Drawing List

TYT34156.G1 1 of 10 Mechanical Schedules Building 913 TYT34156.M1 2 of 10 Mechanical Demolition Building 913 TYT34156.M2 3 of 10 Asbestos Removal Building 913 TYT34156.M3 4 of 10 Mechanical Installation Building 913 TYT34156.M4 5 of 10 Fire Alarm Systems Modifications Building 913 TYT34156.F1 6 of 10 Electrical Lighting & Power Demolition First Floor & Mezzanine Building 913 TYT34156.E1 7 of 10 Lighting and Electrical Installation First Floor & Mezzanine Building 913 TYT34156.E2 8 of 10 Unit Heater Electrical Plan

First Floor Building 913 TYT34156.E3 9 of 10 Electrical Schedules Building 913 TYT34156.E4 10 of

10'

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

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

252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000)

C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

5352.201-9101 OMBUDSMAN (APR 2010)

Para (c). Ombudsmen names, addresses, phone numbers, fax, and email addresses.

'Mr. Michael B. Covington, Executive Director; AEDC/CA, 100 Kindel Drive Suite A327, Arnold AFB TN 37389-1327, Telephone 931-454-6505, Facsimile 931-454-6415, michael.covington@arnold.af.mil.'

5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (APR 2003)

Para (c), List of Class I ODSs. 'None'

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

Para (b), Any additional requirements to comply with local security procedures 'None' Para (d). Additional requirements. 'None'

II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).

52.252-02 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/

52.252-06 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.

PART III - LIST OF DOCUMENTS, EXHIBITS & ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

SECTION J FA9101-10-B-0014

DOCUMENT PGS DATE TITLE

ATTACHMENT 1 153 10 JUN 2010 CONSTRUCTION SPECIFICATION TO REPAIR

HVAC ETC-C COMPRESSOR BUILDING 913

ATTACHMENT 2 4 12 MAR 2010 USDOL WAGE DETERMINATION TN20080052

ATTACHMENT 3 2 BID BOND

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION K FA9101-10-B-0014

PAGE K - 1 of 9

I. NOTICE: The following solicitation provisions pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION SOLICITATION PROVISIONS

52.219-02 EQUAL LOW BIDS (OCT 1995)

II. NOTICE: The following solicitation provisions pertinent to this section are hereby incorporated in full text:

A. FEDERAL ACQUISITION REGULATION SOLICITATION PROVISIONS IN FULL TEXT

52.204-03 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

[ ] TIN:.--------------------------------------------------------

[ ]TIN has been applied for.

[ ] TIN is not required because:

[ ]Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United…