Solicitation - FA663326R0002.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

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

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.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated 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 incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Section A - Solicitation/Contract Form Repair Facade and Roof Bldg. 707

NAICS: 236220

Size Standard: USD 45,000,000.00 Annual receipts

Small Business Type: Small Business Set Aside Percent: 100

Product Service Code: Z2JZ

FA663326R0002

Section B - Supplies or Services & Prices or Costs Additional Information/Notes

Item Supplies / Services Quantity Unit Unit Price Amount

Base Bid: Contractor shall obtain professional design services (Title I Type A, Title I Type B and Title II Services), provide all supervision, labor, materials and equipment necessary to fully meet all requirements within the Statement of Work, Front-end Specifications, SOW Drawings and all other Contract Documents related to and/or titled: "REPAIR FACADE AND ROOF B707" at the Minneapolis Air Reserve Station, Minneapolis Minnesota.

A. Conduct site investigation of B707 Lodging to determine extent of repairs. The known repairs are as follows:

1. Replace Roof, B707, see SOW Drawings

2. Repair Skylight (Area A), see SOW Drawings

3. Repair brick facade, see SOW Drawings

4. Repair masonry joints, see SOW Drawings

5. Repair aluminum window trim compressed by collapsed control joints, see SOW Drawings

6. Investigate fenestration where glazing gaskets are not sealing the glazing to the window frame.

Specific locations are not identified on the SOW drawings.

Elevator lobby windows and 1st Floor connectors have multiple incidents, see SOW drawings for window locations.

7. Repair metal panel joints, see SOW Drawings

8. Repair brick control joints, see SOW Drawings

Product Service Code: Z2JZ Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

Bid Option 01: Contractor shall obtain professional design services (Title I Type A, Title I Type B and Title II Services), provide all supervision, labor, materials and equipment necessary to fully meet all requirements within the Statement of Work, Front-end Specifications, SOW Drawings and all other Contract Documents related to and/or titled: "REPAIR FACADE AND ROOF B707" at the Minneapolis Air Reserve Station, Minneapolis Minnesota.

Replace the carpet in public spaces with carpet squares, see Bid Option Drawings. Remove the existing carpet and wall baseboard. Remove the adhesive from the floor and prepare for the installation of the new carpet squares. Install new wall baseboard (match existing wall baseboard)

Product Service Code: Z2JZ Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

Bid Option 02: Contractor shall obtain professional design services (Title I Type A, Title I Type B and Title II Services), provide all supervision, labor, materials and equipment necessary to fully meet all requirements within the Statement of Work, Front-end Specifications, SOW Drawings and all other Contract Documents related to and/or titled: "REPAIR FACADE AND ROOF B707" at the Minneapolis Air Reserve Station, Minneapolis Minnesota.

Repair sheetrock walls, prepare surfaces for new paint, prime, and paint (match existing color) to change in wall direction, see Bid Option Drawings for locations. Sand and skimp coat sheetrock walls.

Clean and prepare surface for primer and paint (Bid Option 2).

Product Service Code: Z2JZ Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

Bid Option 03: Contractor shall obtain professional design services (Title I Type A, Title I Type B and Title II Services), provide all supervision, labor, materials and equipment necessary to fully meet all requirements within the Statement of Work, Front-end Specifications, SOW Drawings and all other Contract Documents related to and/or titled: "REPAIR FACADE AND ROOF B707" at the Minneapolis Air Reserve Station, Minneapolis Minnesota.

Repair sheetrock water damaged from leaking skylight, ceiling and west wall, prepare surfaces for new paint, prime, and paint (match existing color) to change in wall direction, see Bid Option Drawings for locations (Bid Option 3).

Product Service Code: Z2JZ Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

Bid Option 04: Contractor shall obtain professional design services (Title I Type A, Title I Type B and Title II Services), provide all supervision, labor, materials and equipment necessary to fully meet all requirements within the Statement of Work, Front-end Specifications, SOW Drawings and all other Contract Documents related to and/or titled: "REPAIR FACADE AND ROOF B707" at the Minneapolis Air Reserve Station, Minneapolis Minnesota.

12. Miscellaneous repairs (Bid Option 4), see Bid Option Drawings.

a. Repair popcorn ceiling, Rooms 456 & 458.

b. Add wainscot to First Floor hallway where carts are stored.

c. Restore corroded stairwell railing in Southwest stairwell.

d. Paint Main Lobby, 1st Floor.

Product Service Code: Z2JZ Pricing Arrangement: Firm Fixed Price

1 Lot

Bid Option 05: Contractor shall obtain professional design services (Title I Type A, Title I Type B and Title II Services), provide all supervision, labor, materials and equipment necessary to fully meet all requirements within the Statement of Work, Front-end Specifications, SOW Drawings and all other Contract Documents related to and/or titled: "REPAIR FACADE AND ROOF B707" at the Minneapolis Air Reserve Station, Minneapolis Minnesota.

13. Parking Lot repairs (Bid Option 5)

a. Crack seal where asphalt surface is stable, approximately 1,200 ft.

b. Mill and re-surface where asphalt surface is alligatored, approximately 400 square yards.

c. Restripe all parking lots, approximately 3,200 linear feet.

Product Service Code: Z2JZ Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

Bid Option 06: Contractor shall obtain professional design services (Title I Type A, Title I Type B and Title II Services), provide all supervision, labor, materials and equipment necessary to fully meet all requirements within the Statement of Work, Front-end Specifications, SOW Drawings and all other Contract Documents related to and/or titled: "REPAIR FACADE AND ROOF B707" at the Minneapolis Air Reserve Station, Minneapolis Minnesota.

14. Elevator Fire Sprinkler and Fire Alarm Changes (Bid Option 6)

a. East Elevator: Install check valve, inspector's test valve and piping for the flow switch. Direct water flow to exterior. Provide low point drain if needed to ensure inspector's test piping fully drains.

b. Center Elevator: Install flow switch, shunt trip, check valve, Install check valve, inspector's test valve and piping for the flow switch. Direct water flow to exterior. Provide low point drain if needed to ensure inspector's test piping fully drains.

c. Install check valve, inspector's test valve and piping for the flow switch. Direct water flow to exterior. Provide low point drain if needed to ensure inspector's test piping fully drains.

Product Service Code: Z2JZ Pricing Arrangement: Firm Fixed Price

1 Lot

Section C - Description/Specifications/Statement of Work

Requirements Contractor shall obtain professional design services (Title I Type A, Title I Type B and Title II Services), provide all supervision, labor, materials and equipment necessary to fully meet all requirements of this Statement of Work, Front-end Specifications, SOW Drawings and all other Contract Documents related to and/or titled: “REPAIR FAÇADE AND ROOF B707” at the Minneapolis Air Reserve Station, Minneapolis Minnesota. B707 Lodging is a 299-room hotel. It was constructed in three-phases from 2001-2005. Electronic PDF and AutoCAD drawings are available. Title II services shall be provided by the DOR.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.246-2 Inspection of Supplies-Fixed-Price. Aug 1996 52.246-12 Inspection of Construction. Aug 1996 52.246-16 Responsibility for Supplies. Apr 1984 Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F5G855 CountryCode: USA

934 CE

AF BPN NO MILSBILLS PROCESSES, 760 MILITARY HWY BLDG 744

MINNEAPOLIS, MN 55450

UNITED STATES

Ted Tio Email: theodore.tio@us.af.mil Telephone: 6127131979

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F5G855 CountryCode: USA

934 CE

AF BPN NO MILSBILLS PROCESSES, 760 MILITARY HWY BLDG 744

MINNEAPOLIS, MN 55450

UNITED STATES

Ted Tio Email: theodore.tio@us.af.mil Telephone: 6127131979

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F5G855 CountryCode: USA

934 CE

AF BPN NO MILSBILLS PROCESSES, 760 MILITARY HWY BLDG 744

MINNEAPOLIS, MN 55450

UNITED STATES

Ted Tio Email: theodore.tio@us.af.mil Telephone: 6127131979

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F5G855 CountryCode: USA

934 CE

AF BPN NO MILSBILLS PROCESSES, 760 MILITARY HWY BLDG 744

MINNEAPOLIS, MN 55450

UNITED STATES

Ted Tio Email: theodore.tio@us.af.mil Telephone: 6127131979

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F5G855 CountryCode: USA

934 CE

AF BPN NO MILSBILLS PROCESSES, 760 MILITARY HWY BLDG 744

MINNEAPOLIS, MN 55450

UNITED STATES

Ted Tio Email: theodore.tio@us.af.mil Telephone: 6127131979

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F5G855 CountryCode: USA

934 CE

AF BPN NO MILSBILLS PROCESSES, 760 MILITARY HWY BLDG 744

MINNEAPOLIS, MN 55450

UNITED STATES

Ted Tio Email: theodore.tio@us.af.mil Telephone: 6127131979

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F5G855 CountryCode: USA

934 CE

AF BPN NO MILSBILLS PROCESSES, 760 MILITARY HWY BLDG 744

MINNEAPOLIS, MN 55450

UNITED STATES

Ted Tio Email: theodore.tio@us.af.mil Telephone: 6127131979

Section F - Deliveries or Performance Overall Contract Delivery Period

Line Item Delivery Schedule Quantity Address and POC

Delivery Schedule From date of lead time event to beginning of performance 10 Calendar Days Date of Notice to Proceed Receipt

1 Lot Place of Performance DoDAAC: F5G855 CountryCode: USA

934 CE

AF BPN NO MILSBILLS PROCESSES, 760 MILITARY HWY

BLDG 744

MINNEAPOLIS, MN 55450

UNITED STATES

Ted Tio Email: theodore.tio@us.af.mil Telephone: 6127131979

Option Line Item

Delivery Schedule From date of lead time event to beginning of performance 10 Calendar Days Date of Notice to Proceed Receipt

1 Lot Place of Performance DoDAAC: F5G855 CountryCode: USA

934 CE

AF BPN NO MILSBILLS PROCESSES, 760 MILITARY HWY

BLDG 744

MINNEAPOLIS, MN 55450

UNITED STATES

Ted Tio Email: theodore.tio@us.af.mil Telephone: 6127131979

Option Line Item

Delivery Schedule From date of lead time event to beginning of performance 10 Calendar Days Date of Notice to Proceed Receipt

1 Lot Place of Performance DoDAAC: F5G855 CountryCode: USA

934 CE

AF BPN NO MILSBILLS PROCESSES, 760 MILITARY HWY

BLDG 744

MINNEAPOLIS, MN 55450

UNITED STATES

Ted Tio Email: theodore.tio@us.af.mil Telephone: 6127131979

Option Line Item

Delivery Schedule From date of lead time event to beginning of performance 10 Calendar Days Date of Notice to Proceed Receipt

1 Lot Place of Performance DoDAAC: F5G855 CountryCode: USA

934 CE

AF BPN NO MILSBILLS PROCESSES, 760 MILITARY HWY

BLDG 744

MINNEAPOLIS, MN 55450

UNITED STATES

Ted Tio Email: theodore.tio@us.af.mil Telephone: 6127131979

Option Line Item

Delivery Schedule From date of lead time event to beginning of performance 10 Calendar Days Date of Notice to Proceed Receipt

1 Lot Place of Performance DoDAAC: F5G855 CountryCode: USA

934 CE

AF BPN NO MILSBILLS PROCESSES, 760 MILITARY HWY

BLDG 744

MINNEAPOLIS, MN 55450

UNITED STATES

Ted Tio Email: theodore.tio@us.af.mil Telephone: 6127131979

Delivery Schedule From date of lead time event to beginning of performance

1 Lot Place of Performance DoDAAC: F5G855 CountryCode: USA

10 Calendar Days Date of Notice to Proceed Receipt

934 CE

AF BPN NO MILSBILLS PROCESSES, 760 MILITARY HWY

BLDG 744

MINNEAPOLIS, MN 55450

UNITED STATES

Ted Tio Email: theodore.tio@us.af.mil Telephone: 6127131979

Option Line Item

Delivery Schedule From date of lead time event to beginning of performance 10 Calendar Days Date of Notice to Proceed Receipt

1 Lot Place of Performance DoDAAC: F5G855 CountryCode: USA

934 CE

AF BPN NO MILSBILLS PROCESSES, 760 MILITARY HWY

BLDG 744

MINNEAPOLIS, MN 55450

UNITED STATES

Ted Tio Email: theodore.tio@us.af.mil Telephone: 6127131979

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.211-18 Variation in Estimated Quantity. Apr 1984 52.247-34 F.o.b. Destination. Jan 1991

Section G - Contract Administration Data

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.232-10 Payments under Fixed-Price Architect-Engineer Contracts. Apr 2010

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

FAR Clauses Incorporated by Full Text

52.236-22 Design Within Funding Limitations. (Apr 1984)

Design Within Funding Limitations (Apr 1984)

(a) The Contractor shall accomplish the design services required under this contract so as to permit the award of a contract, using standard Federal Acquisition Regulation procedures for the construction of the facilities designed at a price that does not exceed the estimated construction contract price as set forth in paragraph (c) of this clause. When bids or proposals for the construction contract are received that exceed the estimated price, the contractor shall perform such redesign and other services as are necessary to permit contract award within the funding limitation. These additional services shall be performed at no increase in the price of this contract. However, the Contractor shall not be required to perform such additional services at no cost to the Government if the unfavorable bids or proposals are the result of conditions beyond its reasonable control.

(b) The Contractor will promptly advise the Contracting Officer if it finds that the project being designed will exceed or is likely to exceed the funding limitations and it is unable to design a usable facility within these limitations. Upon receipt of such information, the Contracting Officer will review the Contractor's revised estimate of construction cost. The Government may, if it determines that the estimated construction contract price set forth in this contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph (c) of this clause, or the Government may adjust such estimated construction contract price. When bids or proposals are not solicited or are unreasonably delayed, the Government shall prepare an estimate of constructing the design submitted and such estimate shall be used in lieu of bids or proposals to determine compliance with the funding limitation.

(c) The estimated construction contract price for the project described in this contract is $____.

(End of clause)

Section H - Special Contract Requirements

1. REQUIRED INSURANCE (IAW FAR 28.306(b)) 52.228-5 Insurance--Work on a Government Installation.

Reference FAR Clause 52.228-5, entitled "Insurance--Work on a Government Installation" the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.:

A. Workmen's Compensation and Employer's Liability Insurance: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

B. General Liability: Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy; only applicable to construction services where work is being performed consistently on base.

C. Automobile Liability Insurance: This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

2. INSURANCE COMPLIANCE CERTIFICATE

The contractor agrees to execute an insurance certificate with the Contracting Officer in accordance with Section H, paragraph 1, Required Insurance. This certificate shall be executed on the form entitled "Certificate of Compliance with Insurance Requirements" (Section I). The contractor shall comply with the requirements of FAR 28.302 - Notice of Cancellation or Change.

3. PERFORMANCE EVALUATIONS

a. At the conclusion of this contract, the Contracting Officer will complete a contractor's performance evaluation on the contract. The evaluation will take into account all aspects of the contractor's performance. Contractors will be provided a copy of the performance evaluation and an opportunity to discuss the performance evaluation.

The performance evaluations may have an impact on the award of future contracts. After considering input from the contractor, the Contracting Officer makes the final determination on ratings for all performance evaluations.

4. BONDS

40 U.S. Chapter 31, subchapter III, Bonds (formerly known as the Miller Act), requires performance and payment bonds for any construction contract exceeding $150,000.

A. Performance bonds: Unless the contracting officer determines that a lesser amount is adequate for the protection of the Government, the penal amount of performance bonds must equal-

(a) 100 percent of the original contract price; and

(b) If the contract price increases, an additional amount equal to 100 percent of the increase

B. .Payment bonds: Contractor must provide a payment bond that shall equal-

(a) 100 percent of the original contract price; and

(b) If the contract price increases, an additional amount equal to 100 percent of the increase.

(ii) The amount of the payment bond must be no less than the amount of the performance bond.

5. RIGHTS AND OBLIGATIONS:

The rights and obligations of the parties to this contract shall be subject to and governed by the provisions of this contract, To the extent of any inconsistency between this contract, the provisions of this contract shall control.

6. PROVISIONS ON CONTRACTING OFFICER'S AUTHORITY:

No person other than a Contracting Officer shall have authority to modify the terms and conditions of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this agreement and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment

7. DESIGNATION OF TECHNICAL REPRESENTATIVE:

The Base Civil Engineer or their authorized technical representative of the Contracting Officer shall be identified for the purpose of technical surveillance for the contract. This clause in no way authorizes anyone other than the Contracting Officer to direct changes in terms and conditions of the contract/task orders.

8. AVOIDANCE OF ORGANIZATIONAL CONFLICTS OF INTEREST

Any contractor, subcontractor associated, affiliated or a consultant to the design contractor who furnished the design information and/or specifications for a specifications for a specific project shall not be allowed to furnish such services or items as required by the construction contract for that project either as a prime contractor, subcontractor, or supplier.

9. REPLACEMENT OF KEY PERSONNEL

The contractor shall employ the key professional personnel and maintain the subcontractors and/or consultants identified in their SF 1413 submission to perform the services required under this contract. No substitution will be made without the advance written approval of the Contracting Officer, after the Government's review of the proposed replacement's experience and qualifications submitted by the contractor with explanation of the necessity for the change. No increase in discipline rates will be allowed when contractor personnel and/or subcontractor/consultant substitution is authorized.

10. PREPARATION OF SCHEDULE OF MATERIAL SUBMITTALS (AF66 Excel version)

The A&E contractor shall be responsible for the completion of the AF 66 Excel Form for the submittals contemplated by clause herein titled "FAR 52.236-5, Material and Workmanship" to be submitted utilizing AF Form 3000, "Material Approval Submittal".

11. FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by this base:

New Year's Day: January 01 Martin Luther King's: Third Monday in January Presidents Day: Third Monday in February Memorial Day: Last Monday in May Juneteenth: June19 Independence Day: July 4 Labor Day: First Monday in September Columbus Day: Second Monday in October Veteran's Day: November 11 Thanksgiving Day: Fourth Thursday in November Christmas Day: December 25

Section I - Contract Clauses

NONAPPROPRIATED FUND STANDARD CLAUSES

l. DEFINITIONS

As used throughout this contract, the following terms and abbreviations have the meanings set forth below:

a. Contract. An agreement that creates a legal obligation. The elements of a contract are a mutual agreement; between competent parties; for a legal purpose;

involving the exchange of legal consideration; and that creates a mutuality of obligation to perform between the parties. The term contract, as used herein, includes without limitation, formal bilateral contracts, purchase orders, consignment sales agreements, amendments and modifications thereto, as well as other agreements entered into by an authorized Contracting Officer acting within his or her authority.

b. Contracting Officer. An individual delegated the authority to legally bind the NAFI by entering into, modifying, administering, and terminating contracts.

c. Contractor. Any legal entity that is awarded a contract. The Contractor is the party responsible for and agrees to furnish supplies and/or services at specified prices/rates and/or to pay the NAFI mutually agreed to commissions and/or fees in conjunction with providing services to NAFI customers under this contract.

Contractor may include but is not limited to the following terms "vendor," "seller," "supplier," "manufacturer," "distributor," "concessionaire" and/or "licensee."

d. Contracting Officer's Representative (COR). An individual authorized in writing by a Contracting Officer to monitor Contractor performance and/or help administer a contract but does not have authority to legally bind the NAFI into any contractual or legal obligations. Definition applies to Contracting Officer's Technical Representative (COTR) and Alternate COR (ACOR).

e. Day. A day means, unless otherwise provided, a 24 hour period of time denoted as midnight to midnight of a calendar day, unless the last day of a specified number of days within which the contractor must file a claim or notice with the Contracting Officer falls on Saturday, Sunday or a federal holiday, in which case the last day shall be the next business day denoted as Monday through Friday.

f. Nonappropriated Fund Instrumentality (NAFI). A DoD organizational and fiscal entity supported in whole or in part by Nonappropriated Funds. A NAFI, as an instrumentality of the U.S. Government, enjoys the same immunities and privileges as the U.S. Government in the absence of specific Federal statute. It is not incorporated under the law of any State but has the legal status of an instrumentality of the United States. References to United States, the Government, and other related references will generally be implied to mean the NAFI throughout this contract.

2. LEGAL STATUS

The Nonappropriated Fund Instrumentality (NAFI), which is party to this contract, is an integral part of the Department of Defense and is an instrumentality of the United States Government. No appropriated funds of the United States shall become due or be paid the Contractor by reason of this contract.

3. CLAIMS, PROTESTS & APPEALS

a. This contract is not subject to the Contract Disputes Act of 1978 (41 U.S.C. 7101-7109), and therefore, not subject to the jurisdiction of the Government Accountability Office (GAO), except when issued by an Appropriated Fund buying office. Disputes arising under or relating to this contract shall be resolved under this clause IAW DoDI 4105.67 and DAFMAN 64-119. When the contract is issued by an Appropriated Fund buying office, disputes shall be resolved by the Appropriated Fund buying office dispute procedures.

b. Protests and/or protest appeals shall be filed with the Contracting Officer that issued the contract, or other designated authority, in strict accordance with the procedures and timelines in DAFMAN 64-119.

c. "Claims," as used in this clause, means the inability of a Contractor and the Contracting Officer to reach a mutual agreement related to contractual issues in controversy resulting in the filing of a written demand or assertion seeking payment of money, adjustment or interpretation of contract, or other relief, and issuance of a Contracting Officer's final decision. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under this clause. The submission may be converted to a claim under this clause, by complying with the submission requirements of this clause. If it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(1) A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the NAFI against the Contractor shall be subject to a written decision by the Contracting Officer.

(2) For Contractor claims exceeding $100,000, the Contractor shall submit with the claim a certification that contains the following statement: "Subject to the False Claims Act, 31 USC 3729, I certify the claim is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the NAFI is liable; and that I am duly authorized to certify on behalf of the Contractor."

(3) For contract claims of less than $100,000, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request.

For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

d. The Contracting Officer's decision shall be final unless the contractor appeals as provided in paragraph (d) of this clause.

(1) The Contracting Officer's final decision on claims may be appealed by submitting a written appeal to Armed Services Board of Contract Appeals with a copy to the Contracting Officer, within 90 days of receipt of the Contracting Officer's final decision. Decisions of the Armed Services Board of Contract Appeals are final, but certain claims may be subject to the jurisdiction of the U.S. Court of Federal Claims.

(2) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.

4. REPRESENTATIONS

a. This written contract, including identified attachments, enclosures and documents incorporated by reference, is the entire agreement between the parties. The NAFI will not be bound by any oral or written representation not included or incorporated in the written contract or a written modification thereto. The NAFI will not be bound by any terms on Contractor forms or letters unless such terms are specifically agreed to and incorporated in the contract and signed by the Contracting

Officer. Except as otherwise specifically provided in this contract, all additions, changes or deletions to this contract must be prepared in writing as a modification and signed either unilaterally by the Contracting Officer or bilaterally by both parties in accordance with applicable regulations.

b. The Contractor shall not represent itself to be an agent or representative of the NAFI or any other agency or instrumentality of the United States.

5. ADVERTISEMENTS

The Contractor shall not represent in any manner, expressly or by implication, that items or services purchased or sold under this contract are approved or endorsed by any element of the U.S. Government, including the NAFI. All Contractor advertisements that refer to the NAFI or a NAFI activity will contain a statement that the advertisement was neither paid for nor sponsored, in whole or in part, by the U.S. Government or the NAFI.

6. EXAMINATION OF RECORDS

a. The Contractor agrees that the Contracting Officer or a duly authorized representative(s) shall have the right to examine and audit the books and records of the Contractor directly pertaining to the contract during the period of the contract and until expiration of three (3) years after the final payment under the contract.

b. The Contractor shall include this clause in all subcontracts.

7. HOLD AND SAVE HARMLESS

The Contractor agrees to indemnify and hold harmless the NAFI and any other agency or instrumentality of the United States, and their officers, agents, and employees, from any loss, expense, damage, injury, claim, suit or judgment (including administrative actions taken against the NAFI by other federal, state or local agencies) arising from the Contractor's (employees, agents or subcontractors) acts or omissions or the items/services provided pursuant to the contract (including any patent, copyright, or trademark infringement claimed by a third party in connection with the items/services provided by the contractor). Nothing contained herein, however, shall relieve or be construed as relieving the NAFI or any other agency or instrumentality of the United States from any liability resulting from its negligence.

8. INSURANCE

a. The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract at least the insurance coverage as stated in this contract. In no event shall the coverage be less than the minimum requirements established by applicable state and local regulations and laws for the risk associated with the services to be provided by the contract. The Contractor shall be fully responsible to the NAFI for errors and omissions of its associates and subcontractors under this contract.

b. The Contractor shall furnish to the Contracting Officer a current certificate of insurance prior to the commencement of performance under the contract. The "INSURED" block of the Certificate of Insurance must list both the Contractor's name (or Contractor's d.b.a. name) / and the contract number. The Certificates of Insurance shall evidence that all lines of insurance coverage required by the contract are in effect, and that not less than thirty (30) days prior written notice shall be provided to the Contracting Officer in the event of modification, cancellation, or non-renewal of any portion of the insurance coverage(s). All certificates of insurance must list the NAFI as the certificate holder, name the NAFI and the United States as additional insureds, and carry an endorsement waiving the Contractor's rights to subrogation against the NAFI and the United States.

9. PROCUREMENT INTEGRITY

By submission of an offer or performance of this contract, the offeror or Contractor certifies with respect to this NAFI contract action:

a. That no discussion, offer, or promise of future employment or business opportunity has nor will be made to NAFI civilian or military personnel who personally and substantially participated in the contract action.

(1) That no offer, promise, or gift of any gratuity, entertainment, money, or other thing of value has nor will be made to any NAFI civilian or military personnel or any other employee of the NAFI or member of their family or household.

(2) That no information proprietary to other offerors or other contracting information (offeror list, prices offered, technical evaluations, rankings, etc.) is sought or obtained until it is available to the public under NAFI procedures.

(3) That no person or selling agency has been employed or retained to secure this contract for a commission, percentage, brokerage, or contingent fee except bona fide employees or bona fide established commercial selling agencies retained by the Contractor for the purpose of securing business.

b. The Contractor certifies that no gratuities (entertainment, gifts, money, kickbacks, or other things of value) were nor will be solicited or accepted by the Contractor or Contractor representative, nor from any Subcontractor or Subcontractor representative, for the purpose of obtaining or rewarding favorable treatment in connection with this contract or any subcontract under it.

c. The Contractor will report in writing to the Contracting Officer any possible violation of this clause when there are reasonable grounds to believe a violation may have occurred. The Contractor will cooperate fully with any federal agency investigation of a possible violation of this clause.

d. For breach of any of these certifications, the NAFI may terminate this contract for default, and/or deduct from amounts due under this or other contracts or charge the Contractor for the total value of any contingent fee, gratuity, kickback or other loss to the NAFI arising out of the breach.

10. ASSIGNMENT OF CLAIMS

The Contractor cannot assign any right or delegate any obligations under this contract without the prior written permission of the Contracting Officer.

11. TERMINATION FOR CONVENIENCE

The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the NAFI. If this contract is for supplies and is so terminated, the Contractor shall be compensated in accordance with FAR, Sub Parts 49.1 and 49.2 in effect on this contract's date. To the extent that this contract is for services and is so terminated, the NAFI shall be liable only for payment in accordance with the payment clauses of this contract for services rendered prior to the effective date of termination, providing there are no Contractor claims covering nonrecurring costs for capital investment. If there are any such Contractor claims, they shall be settled in accordance with FAR, Sub Parts 49.1 and 49.2.

12. CANCELLATION BY MUTUAL AGREEMENT

Should the situation warrant, the parties upon mutual agreement and no costs, may cancel this contract without further recourse to the other and mutual release of any further obligations.

13. TERMINATION FOR CAUSE

a. The NAFI may, subject to paragraphs c. and d. below, by written notice of cause to the Contractor, terminate this contract in whole or in part if the Contractor fails to-

(1) Deliver the supplies or perform the service within the time specified within this contract or any extension;

(2) Make progress, so as to endanger performance of this contract (however, see paragraph b. below); or

(3) Perform any of the other clauses of this contract (however see paragraph b. below).

b. The NAFI's right to terminate this contract under paragraph a.2., and a.3. above, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of notice from the Contracting Officer specifying the failure.

c. If the NAFI terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will remain liable to the NAFI for any excess costs for those supplies or services. However, the Contractor must continue the work not terminated.

d. Defaults by subcontractors at any tier for any reason do not constitute causes beyond the control and without the fault or negligence of the Contractor. The Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include:

(1) Acts of God or of the public enemy

(2) Act of the NAFI in either its sovereign or contractual capacity

(3) Fires

(4) Floods

(5) Epidemics

(6) Quarantine restrictions

(7) Strikes

(8) Freight embargoes

(9) Unusually severe weather

e. If this contract is terminated for cause, the NAFI may require the Contractor to transfer title and deliver to the NAFI as directed by the Contracting Officer, any

(1) completed supplies, and

(2) partially completed supplies and materials, parts, tool dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as manufacturing materials in the clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the NAFI has an interest.

f. The NAFI shall pay the contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Claims Clause. The NAFI may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the NAFI against loss because of outstanding liens or claims of former lien holders.

g. If, after termination, it is determined that the cause by the Contractor was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for convenience of the NAFI.

h. The rights and remedies of the NAFI in this clause are in addition to any other rights and remedies provided by law or under this contract.

i. This contract is automatically terminated for the convenience of the NAFI in the event the NAFI is dissolved.

14. CHANGES

a. The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

(1) If the requirement is for supplies and/or services: Drawings, designs, or specifications; method of shipment or packing; description of services to be performed;

time of performance (i.e., hours of the day, days of the week, etc.); place of delivery or place of performance of services.

(2) If the requirement is for concession services (including public private ventures): Specifications (including drawings and designs); method or manner of performance of work; NAFI-furnished facilities, equipment, materials, services, or site; and/or directing acceleration in the performance of work.

(3) If the requirement is for transportation services: Specifications; work or services; place of origin; place of delivery; tonnage to be shipped; and/or amount of NAFI-furnished property.

b. If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer will make an equitable adjustment in the contract price, the delivery schedule, or both, and modify the contract.

c. The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order; however, if the Contracting Officer decides that thefacts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

d. If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

e. If the requirement is for architect-engineer or other professional services, no services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written authorization of the Contracting Officer.

f. If the requirement is for concession services (including public private ventures), the Contractor shall notify the Contracting Officer in writing within seven (7) days of the occurrence of any event that the Contractor considers a change to the contract that has not been authorized in writing signed by the Contracting Officer. The Contractor will be deemed to have waived any right to an adjustment if timely notice is not provided to the Contracting Officer as required herein. For purposes of this clause, "event" shall include, but not be limited to, an order or direction by a NAFI or other NAFI official, a contested contract interpretation, interference with or interruption of the contract work, or any other event that increases the cost or time to perform the contract as compared to the cost or time that would be required if the Contractor performed the contract in accordance with its terms.

g. Failure to agree to any adjustment shall be a "claim" under the "Claims" clause of this Contract; however, nothing in this clause shall excuse the Contractor from proceeding with the Contract as changed.

15. SOCIAL RESPONSIBILITY AND LABOR STANDARDS NONRESALE

By performance of this contract, the Contractor and any subcontractors shall comply with the Social Responsibility requirements addressed herein:

a. Combating Trafficking in Persons (CTIP). Applicable to all contracts, regardless of location performed.

(1) Definitions. The meanings of the terms coercion, commercial sex act, debt bondage, forced labor, involuntary servitude, severe forms of trafficking in persons, and sex trafficking are as is defined in the Trafficking Victims Protection Act of 2000, Public Law 106-386, October 28, 2000 < http://www.state.gov/documents/ organization/10492.pdf >.

(2) Policy. DoD NAFIs have adopted the U.S. Government's zero tolerance policy regarding trafficking in persons. During the contract period of performance, Contractor and Contractor employees shall not: (a) Engage in severe forms of trafficking; (b) Procure commercial sex; or (c) Use forced labor

(3) Contractor Requirements. Contractor shall: (a) Notify its employees of: Zero tolerance policy described in this clause; and actions that will be taken against employees for violations of this policy. (Such actions may include, but are not limited to, removal from the Contract, reduction in benefits, or termination of employment); and (b) Take appropriate action against employees or subcontractors that violate policy in paragraph a.(2) of this clause, up to and including termination.

(4) Notification. Contractor shall inform the Contracting Officer immediately of: (a) Any information it receives from any source (including host country law enforcement) alleging a Contractor employee, subcontractor, or subcontractor employee has engaged in conduct that violates this policy; and (b) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this clause.

(5) Remedies. In addition to other remedies available to the NAFI, Contractor's failure to comply with the requirements of this clause may result in (a) Requiring the Contractor to remove a Contractor employee or employees from performance under the contract; (b) Requiring the Contractor to terminate a subcontract; (c) Suspension of contract or fee payments; (d) Termination of the contract for default or cause, in accordance with the termination clause of this contract; and/or (e) Suspension or debarment.

(6) Mitigating Factors. The Contracting Officer may consider whether Contractor had a Trafficking in Persons awareness program at the time of any violation as a mitigating…