Proposal Package.pdf

ARMY & AIR FORCE EXCHANGE SERVICE

PZ-RE (C)

Solicitation Number: GNFR-FC MOR-24-22619 Fort Moore, GA - Install New Panera Bread Project Number: 0783-23-000014

All Prospective Offerors:

You are invited to submit a proposal based on the requirements in the attached solicitation number GNFR-FC MOR-24-22619. This solicitation is issued by the Army and Air Force Exchange Service which is an instrumentality of the United States Government. The cost of the project is estimated to be in the range between $500,000.00 and $1,000,000.00. The construction period will be 140 calendar days.

You are encouraged to carefully review the entire solicitation package. A site visit is not required before submitting a proposal; however, if you would like to visit the site you must contact Stephanie Wilson, General Manager of the Fort Moore Exchange, at telephone number 706-682- 0826 or via email at wilsonste@aafes.com.

Please pay particular attention to General Provision, Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246), in the Agreement Document which covers minority and female participation goals established for federally involved and non-federally involved construction work.

The posters titled “Equal Employment Opportunity is the Law” and “Notice to Employees Working on Government Contracts” must be posted in a location conspicuous to all employees engaged in providing service under this contract. Refer to section 3.B, Labor Provisions, of the Agreement for additional information. These two posters are available and may be printed from the DOL website at https://www.dol.gov/general/topics/posters.

Any questions you may have after comparing the plans and specifications to the existing site conditions should be submitted in writing to Grace Perez-Martinez at martineg@aafes.com no later than COB on 29 November 2024.

In order for your proposal to be considered, please follow the procedures noted below.

NOTICE: The Agreement Document included in this solicitation will not be signed by either party until contract award. No signed Agreement Document will be accepted. This document is included as a part of the solicitation for your review of the terms and conditions only. Please return only the following documents:

1) COMPLETED PROPOSAL RESPONSE FORM WITH COMPLETED XINJIANG

UYGHUR AUTONOMOUS REGION (XUAR) REPRESENTATION.

mailto:wilsonste@aafes.com https://www.dol.gov/general/topics/posters mailto:martineg@aafes.com

PROPOSAL PACKAGE for GNFR-FC MOR-24-22619

2) COMPLETED FINANCIAL AND TECHNICAL CAPABILITY DATA SHEET IN ITS

ENTIRETY. PLEASE PROVIDE VALID EMAIL ADDRESSES AND POINTS OF

CONTACT FOR EACH REFERENCE ON THIS FORM.

3) COMPLETED BAA/TAA CONSTRUCTION FORM

4) A PROPOSAL BOND FROM A SURETY LISTED ON THE US TREASURY CIRCULAR

570.

5) THE COMPANY SUBMITTING THE MOST ADVANTAGEOUS OFFER TO THE

EXCHANGE WILL BE REQUIRED TO PROVIDE THE EXCHANGE WITH A W9 SIGNED

BY A PRINCIPAL OF THE COMPANY, AND A BLANK INVOICE & COMPANY

LETTERHEAD.

This solicitation is subject to the requirements of (i) the NDAA 2019, Section 889 “John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law No: 115-232)” which can be found at this link: https://www.congress.gov/bill/115th-congress/house-bill/5515/text, and (ii) Title 10 United States Code, Section 4661: Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (XUAR). The clauses titled “2019 NDAA Section 889 Representations” and “Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (XUAR) of the People’s Republic of China” set forth in the Agreement Document operate as representations of compliance when a resulting contract is signed. Any exception to these clauses may prohibit the Exchange from doing business with the offeror.

Your proposal package must be sent via email to martineg@aafes.com before 13 December 2024 at 2:00PM / 1400 CST.

The complete solicitation package is for you to retain in your files.

If your proposal falls within the competitive range, you will be required to complete a detailed breakdown of your offer in a format to be provided by the contracting officer. The contracting officer’s evaluation of proposals and check of financial and technical references may require up to 30 calendar days. No information will be available until this is completed. Please do not call the contracting officer or local Exchange office for results. You will be advised of results when proposal evaluations are completed and an award is made.

If you receive a Notice of Contract Award, then performance and payment bonds, proof of insurance, and the Electronic Payment Authorization Form will be required at the pre-construction meeting. Bond requirements are covered in section 10 of the Proposal Response Form and insurance requirements are set out in section 3.A paragraph 14 of the Agreement Document.

Sincerely, Encl GRACE PEREZ-MARTINEZ Solicitation No. GNFR-FC MOR-24-22619 Category Manager I https://www.congress.gov/bill/115th-congress/house-bill/5515/text mailto:martineg@aafes.com

SCOPE AND LOCATION OF WORK: Fort Moore, Georgia – Install New Panera Bread. This project will include the installation of new interior finishes and equipment consistent with the development of a new in-line Panera Bread. Improvements are limited to the tenant space and the immediate exterior mall entrance to the space.

Project Number: 0783-23-000014

Technical questions must be e-mailed to Grace Perez-Martinez not later than close of business 29 November 2024

COMMENCEMENT AND COMPLETION OF WORK

The Contractor will commence work within 10 calendar days after the date of receipt of Notice to Proceed, shall prosecute work diligently, and shall complete the work within 140 calendar days after date of receipt of Notice to Proceed. The time for completion Includes final clean-up of premises.

Proposals are solicited for performing all work in strict accordance with the drawings, specifications, schedules and exhibits listed herein. Instructions to offerors for preparation of proposals are contained in the

Instructions to Offerors and Conditions of Proposals/Awards. Offerors are cautioned to carefully review the instructions, and all requirements of the solicitation. Proposals will be received until 2:00PM / 1400, local time on13 December 2024.

PROPOSAL (To Be Completed by Offeror)

OFFEROR REPRESENTATION

1. That it operates as an ___ Individual ___ Partnership ___ Corporation, incorporated in the State or

Country of _____________________.

2. That it ___ is ___ is not a minority business enterprise.

3. That it ___ is ___ is not a woman-owned business.

4. That an owner or officer of the firm or the firm or a related firm:

a. ___ has ___ has not been convicted of a felony related to a business transaction

b. ___ has ___ has not been suspended or debarred

5. In reference to 2019 National Defense Authorization Act (NDAA), Section 889, the Offeror represents that it:

a. ___will ___ will not provide prohibited telecommunications and video surveillance equipment or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

Full Name & Business Address of Offeror (Street, City, State & Zip Code or Country)

Telephone Number

Email Address

Printed Name and Title

Signature of Person Authorized to Sign Proposal

Date

Taxpayer Id Number

Duns Number

b. ___does ___ does not and will not use prohibited telecommunications and video surveillance equipment or services, or use any equipment, system, or service that uses prohibited telecommunications equipment or services.

6. In reference to Title 10, United States Code, Section 4661, the Offeror represents and warrants that it ____ has ____ has not made a good faith effort to determine that forced labor from the Xinjiang Uyghur Autonomous Region (XUAR) of the People’s Republic of China was not and will not be used in the performance of this contract, task order, delivery order, or purchase order.

7. That the person signing this proposal is an individual having the authority to obligate the firm contractually.

8. That the information provided is full, accurate and complete. For breach of this warranty, the Exchange may terminate for default any contract resulting from this solicitation and all other Exchange contracts.

The posters titled “Equal Employment Opportunity is the Law” and “Notice to Employees Working on Government Contracts” must be posted in a location conspicuous to all employees engaged in providing service under this contract. Refer to section 3.B, Labor Provisions, of the Agreement for additional information. These two posters are available and may be printed from the DOL website at https://www.dol.gov/general/topics/posters.

In compliance with the above, the undersigned agrees, if this proposal is accepted, to furnish all requirements and perform the work for which the proposal is submitted, at the price(s) and upon the terms and conditions contained in the solicitation and in the proposal. The option period for acceptance of this proposal shall be 60 calendar days after the date for receipt of proposals established above.

https://www.dol.gov/general/topics/posters

The offeror must furnish the following itemized work division cost breakdown, and a breakdown of total labor and total material, with the proposal or furnish it if and when required by the contracting officer.

COST BREAKDOWN

Project Install New Panera

Bread Project Number 0783-23-

000014 Total SF

Location Fort Moore, Georgia Estimate Date $ / SF Total Days Contractor Offeror # (GC MUST ENTER P/OH %) Profit ____% Overhead ____%

COST SUMMARY Material Labor Total Cost

1000 Division 1 - General Requirements 2000 Division 2 - Sitework 3000 Division 3 - Concrete 4000 Division 4 - Masonry 5000 Division 5 - Metals 6000 Division 6 - Wood And Plastics 7000 Division 7 - Thermal And Moisture Protection 8000 Division 8 - Doors And Windows 9000 Division 9 - Finishes

10000 Division 10 - Specialties 11000 Division 11 - Equipment 12000 Division 12 - Furnishes 13000 Division 13 - Special Construction 14000 Division 14 - Conveying Systems 15000 Division 15 - Mechanical 16000 Division 16 - Electrical

Division 17 Thru 20 - Not Used 21000 Division 21 - Fire Suppression 22000 Division 22 - Plumbing 23000 Division 23 - HVAC

Divisions 24 Thru 25 - Not Used 26000 Division 26 - Electrical 27000 Division 27 - Not Used 28000 Division 28 - Fire Alarm/Life Safety System

Divisions 29 Thru 30 - Not Used 31000 Earthwork 32000 Exterior Improvements 33000 Utilities

34 Thru 49 - Not Used Material Labor Lump Sum

TOTALS

OPTIONS, ALTERNATIVES AND/OR UNIT PRICES: If options, alternatives and/or unit prices are identified in this solicitation, enter price(s) in the space below. Any of option line items may be awarded independently, collectively, or may not be awarded at all. See Specifications Section 01 10 15-1

Combined Work – All Trades Contract

SCHEDULE OF OPTIONS:

Option Proposal 1: New powered overhead coiling grilles to close openings into mall from Panera space.

If you are the successful offeror and are awarded this contract, your awarded contract Lump Sum Amount will be shared with the unsuccessful offerors that propose on this solicitation.

1) Definitions

a) The term "minority business" means a business concern (1) which is at least 51 percent owned by minority group members; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more minority group members, and (2) whose management and daily business operations are controlled by one or more such minority group members. For purposes of this definition, minority group members include Black Americans, Hispanic Americans, Asian-Pacific Americans, Asian-Indian Americans, and Native Americans (such as American Indians, Eskimos, Aleuts and Native Hawaiians).

b) The term "women-owned business" means that is at least 51 percent owned by a woman or women who also control and operate it. "Control" in this context means exercising the power to make policy decisions. "Operate" in this context means being actively involved in the day-to-day management.

2) Proposal Preparation

a) General: All proposals are subject to the Instructions to Offerors and Conditions of

Proposals/Awards, the General Provisions, and such other provisions, representations, certifications, drawings and specifications as are attached or incorporated herein by reference. Offerors are expected to examine the General Provisions, Exhibits, Drawings and Specifications and all instructions. Failure to do so will be at the offeror's risk. Offerors are encouraged to contact the Contracting Officer regarding any question which may arise concerning this solicitation. Offerors should visit the site and take other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve the offerors from the responsibility of estimating properly the difficulty or cost of successfully performing the work.

The Exchange assumes no responsibility for any understanding or representation concerning conditions made by any of its employees or agents prior to the execution of the contract, unless included in the solicitation and related documents. it is understood that the contract finally awarded contains the whole agreement of the parties. information regarding this solicitation furnished any prospective offeror will be furnished all prospective offerors.

b) Data: Each offeror shall enter all data and furnish all information required by the solicitation on the Exchange forms provided. Failure to do so may result in a proposal being considered nonresponsive and therefore excluded from consideration for award.

c) Computation of Time: Time, if stated as number of days, will include Sundays and Holidays.

d) Authorized Signature: The person signing the proposal must be an officer of the firm having authority to obligate the firm contractually.

e) Unless otherwise authorized by the solicitation, any alteration to the terms and conditions contained in the solicitation may render offeror's proposal non-responsive.

3) Submission

a) Proposals and modifications, if any, must be sent by email reply to the Contracting Officer using the same subject as the request. Proposals may be modified by email notice provided it is received before the time and date set for receipt of proposals.

b) Complete, sign and return the Proposal Response Form, along with a completed and signed Financial and Technical Capability Data sheet.

c) Solicitations may provide that a price, or prices, be submitted on one or more projects, on one or more items of work, on one or more additive or deductive items of work, or on any combination of projects or items. Where the solicitation explicitly requires proposals to be submitted on all projects or items listed, failure to do so will render the proposal nonresponsive.

4) Late Proposals The Exchange reserves the right to consider proposals or modifications received late, but before award is made, should such action be to the Exchange's advantage.

5) Withdrawal Proposals may be withdrawn by written notice received at any time prior to award.

6) No Proposal If your company does not submit a proposal, please let us know your company will not be responding and business reasons why.

7) Qualifications Of Proposed Contractor(S) Before a proposal is considered for award, the offerors may be requested by the contracting .officer to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources and facilities to be used in performing the work. Proposals will not be considered if submitted by military personnel on active duty, civil service employees of the U.S.

Government, or the Exchange employees.

8) Evaluation Award of contract(s) will be based on evaluation of the following:

a) Responsiveness of the offeror to all requirements of the solicitation.

b) Competitiveness of the proposal prices including any options exercised at time of award.

c) Responsibility of the offeror as relates to qualifications set forth in paragraph 8 above and capability to perform the resulting contract.

9) Acceptance

a) This is a negotiated contract. There will not be a public opening. The Exchange may accept, within the time specified therein, any timely proposal whether or not there are negotiations subsequent to this receipt. Subsequent negotiations, if any, shall not constitute a rejection or counter offer on the part of the Exchange.

b) The Exchange reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received.

c) It is contemplated that a contract will be awarded to that responsive, responsible offeror whose proposal is most advantageous to the Exchange, price and other factors considered. The Exchange reserves the right to conduct further negotiations with any or all, responsive, responsible offerors.

d) Award may be made by acceptance of the most favorable proposal received without further negotiation. Initial proposals submitted in response to the solicitation should therefore set forth the most favorable terms.

10) Bond Requirements

a) If total lump sum cost proposal exceeds $25,000 or if otherwise required herein, a proposal bond is required to be submitted in the penal sum of 20% of the proposal amount. Failure to furnish the proposal bond by the time and date set for receipt of proposals in the amount set forth in the solicitation may be cause for rejection of the proposal. The proposal bond shall be in the form of a firm commitment executed on EXCHANGE FORM 4450-045, "Proposal Bond."

b) Proposal Bonds will be returned (1) to unsuccessful offerors as soon as practical after award of contract to the successful offeror, and (2) to the successful offeror on execution of such further contractual documents or bonds as may be required by the solicitation.

c) Performance and payment bond are required for all the Exchange construction contracts which exceed $25,000. Both bonds shall be executed by the contractor as principal and be with a reputable bonding company, acceptable to the Exchange, as surety. The Performance Bond will be executed on EXCHANGE FORM 4400-041 and in the penal sum of one hundred percent (100%) of the contract price.

The Payment Bond will be executed on EXCHANGE FORM 4400-040 and in the penal sum of one hundred percent (100%) of the contract price. The contract price means the award of the contract. If the contract price increases, an additional amount equal to 100 percent of the Increase is required for both bonds. If the apparent successful offeror fails to furnish the required bonds within the time stated herein, no contract shall be awarded to the firm and their proposal bond will be forfeited.

d) The rights and remedies of the Exchange provided in this clause are in addition to other rights and remedies provided by law under this contract.

e) The bonds shall be supported by corporate sureties whose names appear on the Department of the Treasury's Listing of Approved Sureties (Department Circular 570). Other types of security are not acceptable.

11) Award The Contractor shall be required to submit payment and performance bonds within ten (10) days from the date of contract award or the Exchange may terminate the Contract for default and Contractor's proposal bond may be forfeited. Mailing or otherwise furnishing a copy of this form signed by the offeror and the contracting officer to the successful offeror within the time for acceptance, all conditions having been complied with, shall result in a binding contract, without further action by either party. This form, with all exhibits, shall constitute the complete contract. The Contractor shall not proceed with performance of contract until receipt of Notice to Proceed. Any work performed prior to receipt of Notice to Proceed will be at the Contractor's risk. Upon receipt of required payment and performance bonds and any other required documents, the contracting officer will execute the Notice to Proceed.

12) Certificate Of Independent Proposal Determination Offeror certifies that this proposal is made without consultation, communication, or agreement, for the purpose of restricting competition, and this proposal has not been disclosed and will not be disclosed prior to award.

13) Proprietary Information The Exchange will not be bound by any language in an offer purporting to limit the Exchanges' right to use or disclose an offer or any part of an offer because of proprietary information in it unless the contracting officer specifically agrees in writing to such limitations.

14) Construction Cost Estimate Breakdown Spreadsheet:

General contractors who have submitted proposals in response to an Exchange solicitation and are considered to be in the competitive range may be asked to prepare and submit a cost breakdown spreadsheet. If a construction contract is awarded, the spreadsheet will be used as a basis to negotiate change orders throughout the construction performance period.

15) Copies of Documents Furnished:

After contract award, and for construction purposes only, the General Contractor will be provided with a record set of drawings and specifications and a reproducible set of drawings and specifications. Additional copies will be the responsibility of the General Contractor.

ARMY AND AIR FORCE EXCHANGE SERVICE

FINANCIAL AND TECHNICAL CAPABILITY DATA SHEET

PERSONS AUTHORIZED TO C- OMMIT FIRM CONTRACTUALLY ·-··· .-- ---

COMPLETE BUSINESS NAME AND ADDRESS

NAME TITLE HOW LONG IN

PRESENT BUSINESS

NAME TITLE HOW LONG IN

PRESENT BUSINESS

BANK AND BOND REFERENCES

BANK NAME TELEPHONE NUMBER (Include Area Code)

ADDRESS Email/Fax No.

CONTACT Amt of Current Loan ACCOUNT NUMBER AVG. MO. BAL.

BANK NAME TELEPHONE NUMBER (Include Area Code)

ADDRESS Email Fax No.

CONTACT Amt of Current Loans ACCOUNT NUMBER AVG .MO. BAL.

LOCAL SURETY AGENT TELEPHONE NUMBER (Include Area Code)

ADDRESS Email/Fax No.

CONTACT

CREDIT REFERENCES FOR SOPPLIES AND EQUIPMENT

FIRM NAME TELEPHONE NUMBER (Include Area Code)

ADDRESS Email/Fax No.

CONTACT

FIRM NAME TELEPHONE NUMBER {Include Area Code)

ADDRESS Email/Fax No.

CONTACT

FIRM NAME TELEPHONE NUMBER (Include Area Code)

ADDRESS Email/Fax No.

CONTACT

Relationship with the Government: Is the owner or any official of the firm currently an employee of the Federal Government, the Army and Air Force Exchange Service, or an active duty with any branch of the active military service, or an immediate family member residing in the same household of such personnel, or retired officer of the Army or Air Force?

___YES ___NO

CONSTRUCTION EXPERIENCE (See Reverse)

SIGNATURE OF OFFEROR

AAFES FORM 4200-45 (REV SEP 09)

EXPERIENCE: Identify below current and completed construction projects for the past two (2) years for both Federal Government and Civilian Enterprises. As appropriate, Experience to include New, Ground Up Construction of a Retail Box and/or Phased Approach Retail Construction where facility remains open and operational for duration of construction.

NOTE: Include area code on all telephone numbers.

PROJECT

OWNER

*(Complete Address & Telephone No.)

Email

ARCHITECT

(Complete Address & Telephone No.)

Email/Fax No.

CONTRACT

AMOUNT

PROJECTS

OPEN

%COMPLETED

PROJECT

COMPLETED

DATE

COMPLETED

%OF WORK

DONE WITH

OWN

FORCES

(NOTE: USE BLANK PAGES FOR ADDITIONAL EXPERIENCE TO TOTAL 2 YEARS.)

(REVERSE AAFES FORM 4200-45)

PROPOSAL BOND

(SEE INSTRUCTIONS ON REVERSE)

DATE BOND EXECUTED (MUST NOT BE

LATER THAN DATE SET FOR RECEIPT OF

PROPOSALS)

PRINCIPAL (Legal Name and Business Address) TYPE OF ORGANIZATION ("X" ONE)

INDIVIDUAL PARTNERSHIP

JOINT VENTURE CORPORATION

STATE OF INCORPORATION

SURETY(IES) (Name(s) and Business Address(es)

PENAL SUM OF BOND PROPOSAL DATE SOLICITATION NUMBER

PERCENT OF

PROPOSAL

PRICE:

AMOUNT NOT TO EXCEED

MILLION(s) THOUSAND(s) HUNDRED(s) CENTS

OBLIGATION: We, the Principal and Surety(ies) are firmly bound to the Army and Air Force Exchange Service (hereinafter called Exchange) and the United States of America in the above penal sum. For the payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.

CONDITIONS: The Principal has submitted the proposal identified above.

THEREFORE: The above obligation is void if the Principal - (a) upon receipt of the "Notice of Intent to Award" within the period specified in the proposal [sixty (60) days if no period is specified], executes the further contractual documents and gives the bond(s) required by the terms of the proposal within the time specified [ten

(10) days if no period is specified]; or (b) in the event of failure to execute such further contractual documents and give such bonds, pay Exchange for cost of procuring the work which exceeds the amount of the proposal.

Each Surety executing this instrument agrees that its obligation is not impaired by any extension(s) of the time for acceptance of the proposal that the Principal may grant to Exchange. Notice to the Surety(ies) of extension(s) are waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the proposal.

WITNESS: The Principal and Surety(ies) executed this proposal bond and affixed their seals on the above date.

PRINCIPAL

SIGNATURE(s)

1.

(Seal)

2.

CORPORATE

SEAL

TYPED NAME(s) & TITLE(s)

1. 2.

CORPORATE SURETY

NAME AND

ADDRESS

STATE OF INC LIABILITY LIMIT

TYPED NAME(s) AND TITLE(s)

1. 2.

EXCHANGE FORM 4450-045 (REV MAY 19) (Prev Editions Obsolete) EOP 65-01

INSTRUCTIONS

1. The full legal name and business address of the Principal shall be inserted in the space designated "Principal" on the face of this form. The bond shall be signed by an authorized person. Where such person is signing in a representative capacity (e.g., an attorney-in-fact), but is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved, evidence of his authority must be furnished.

2. The penal sum of the bond may be expressed as a percentage of the proposal price, if desired. In such cases, a maximum dollar limitation may be stipulated (e.g., 20% of the proposal price but the amount not to exceed dollars). The penal sum of the bond may not be less than 20% of the proposal price.

3. Corporation executing the bond as sureties must be among those appearing on the Treasury Department's list of approved sureties and must be acting within the limitations set forth therein.

4. Corporations executing the bond shall affix their corporate seals.

5. The name of each person signing this performance bond should be typed in the space provided.

EXCHANGE FORM 4400-041 (REV MAY 13) (Prev Editions Obsolete)

PERFORMANCE BOND

BOND NUMBER DATE BOND EXECUTED

PRINCIPAL (Legal Name and Business Address) TYPE OF ORGANIZATION ("X" ONE)

INDIVIDUAL PARTNERSHIP

JOINT VENTURE CORPORATION

STATE OF INCORPORATION

SURETY(IES) (Name(s) and Business Address(es) PENAL SUM OF BOND MILLION(s) THOUSAND(s) HUNDRED(s) CENT(s)

CONTRACT DATE CONTRACT NO.

KNOW ALL MEN BY THESE PRESENTS, That we, the Principal and Surety(ies) hereto, are firmly bound to the Army & Air Force Exchange Service and the United States of America in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, and successors jointly and severally: Provided, That, where the Sureties are corporations acting as co-sureties, we the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into the contract identified above;

NOW, THEREFORE, if the Principal shall:

(a) Perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the Army & Air Force Exchange Service with or without notice to the Surety(ies), and during the life of any guaranty required under the contract, and shall also perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the Surety(ies) being hereby waived; and

(b) If the said contract is subject to the Miller Act, as amended (40 U.S.C. 270a-270e), pay to the United States of America the full amount of the taxes imposed by the United States of America which are collected, deducted, or withheld from wages paid by the Principal in carrying out the construction contract with respect to which this bond is furnished; then the above obligation shall be void and of no effect.

IN WITNESS WHEREOF, the Principal and Surety(ies) have executed this performance bond and have affixed their seals on the date set forth above.

TYPED NAME(s) & TITLE(s)

1. 2.

CORPORATE SURETY

NAME &

& TITLE(s)

INSTRUCTIONS

1. The full legal name and business address of the Principal shall be inserted in the space designated "Principal" on the face of this form. The bond shall be signed by an authorized person. Where such person is signing in a representative capacity (e.g., an attorney-in-fact), but is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved, evidence of his authority must be furnished.

2. Corporations executing the bond as sureties must be among those appearing on the Treasury Department's list of approved sureties and must be acting within the limitations set forth therein.

3. Corporations executing the bond shall affix their corporate seals.

4. The name of each person signing this performance bond will be typed in the space provided.

(REVERSE EXCHANGE FORM 4400-041)

PAYMENT BOND

(SEE INSTRUCTIONS ON REVERSE)

DATE BOND EXECUTED BOND NUMBER

PRINCIPAL (Legal Name and Business Address)

TYPE OF ORGANIZATION ("X" ONE)

INDIVIDUAL PARTNERSHIP

JOINT VENTURE CORPORATION

STATE OF INCORPORATION

SURETY(IES) (Name(s) and Business Address(es)

PENAL SUM OF BOND

MILLION(s) THOUSAND(s) HUNDRED(s) CENT(s)

CONTRACT DATE CONTRACT NO.

KNOW ALL MEN BY THESE PRESENTS, that we, the Principal and Surety(ies) hereto, are firmly bound to the Army & Air Force Exchange Service and the United States of America in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, and successors jointly and severally: Provided, that, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into the contract identified above;

NOW THEREFORE, if the Principal shall promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the Surety(ies) being hereby waived, then the above obligation shall be void and of no effect.

IN WITNESS WHEREOF, the Principal and Surety(ies) have executed this payment bond and have affixed their seals on the date set forth above.

TYPED NAME(s) & TITLE(s)

1. 2.

CORPORATE SURETY

NAME &

& TITLE(s)

BUY AMERICAN ACT / TRADE AGREEMENTS ACT /

CARIBBEAN BASIN ECONOMIC RECOVERY ACT

To the extent that this solicitation and any resulting contract requires the purchase by the Exchange of non-resale items for use within the United States and/or outside of the United States, preference will be given to:

Domestic end products, Domestic construction material, U.S.-made end products, Designated country end products, and Caribbean Basin country end products, in accordance with the:

Buy American Acct, 41 U.S.C. 10a – 10d;

Executive Order 10582, as amended:

Executive Order 13881;

Executive Order 14005;

Trade Agreements Act of 1979, 19 U.S.C. 2511, et seq.;

Caribbean Basin Economic Recovery Act, 19 U.S.C. 2701, et seq.

CERTIFICATION:

1. The Offeror hereby certifies that each end-product offered in response to this solicitation, EXCEPT THOSE LISTED BELOW are Buy American Act / Trade Agreement Act (BAA/TAA) compliant:

2. The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 60 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

3. The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(a) Foreign End Products:

LIST OF END PRODUCTS WHICH ARE NOT BAA or TAA COMPLIANT

Line Item No. Country of Origin Exceeds domestic content (yes/no)

[List as necessary]

(b) Domestic end products containing a critical component:

LIST OF CRITICAL ITEMS OR CRITICAL COMPONENTS

Line Item No. ___

Line Item No. ___

[List as necessary]

If the above listing is left blank, Offeror is certifying that all products offered are BAA/TAA compliant.

Offeror’s Signature: ________________________

Date: ___________________________________ https://www.acquisition.gov/far/25.105#FAR_25_105 https://www.acquisition.gov/far/25.105#FAR_25_105