SP330010R0018.pdf

1. SOLICITATION NO 2 TYPE OF SOLICITATION '3 DATE ISSUED PAGE OF PAGES

SOLICIT ATION OFFER

SP3300-10-R-0018AND AWARD o SEALED BID (lFB)

16MAR2010 Al. (Construction, Alteration, or Repair) IRl NEGOTIATED (RFP)

IMPORTANT - The "offer" section on page 2 must be fully completed by offeror _ ...

4. CONTRACT NO. 5. REQUISITION/PURCHASE REO'cIEST NO. 16 PROJEcT NO

7. ISSUED BY CODE 8. ADDRESS OFFER TOSP3300

Defense Distribution Center

Acquisition Operations DDC J7-AB SEE BLOCK 7

J Avenue, Building 404

New Cumberland, PA 17070

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

9. FOR INFORMATION rNAME IBCALL ~ Donna Kautz 717- 770-6563

SOLICITATION

NOTE: The sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder"

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

TABLE OF CONTENTS

SECTION A - SOLICITATION, OFFER AND AWARD 2 PAGES

SECTION B - SUPPLIES OR SERVICES AND PRICES 5 PAGES

SECTION C - DESCRIPTION/SPECIFICATIONS 1 PAGE

SECTION D - PACKAGING AND MARKING 1 PAGE

SECTION E - INSPECTION AND ACCEPTANCE 1 PAGE

SECTION F - DELIVERIES OR PERFORMANCE 1 PAGE

SECTION G - CONTRACT ADMINISTRATION DATA 2 PAGES

SECTION H - SPECIAL CONTRACT REQUIREMENTS 7 PAGES

SECTION I - CONTRACT CLAUSES 26 PAGES

SECTION J - LIST OF DOCUMENT, EXHIBITS AND OTHER ATTACHMENTS 1 PAGE

SECTION K - REPRESENTATIONS, CERTIFICATIONS, }ll'TD OTHER STATEMENT OF BIDDERS 3 PAGES

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS 7 PAGES

SECTION M - EVALUATION FACTORS FOR AWARD 3 PAGES

11. The contractor shall begin performance within -E=L calendar days and complete it within LL cale ar days after receiving

IRl award, 0 notice to proceed. This performance period is [g] mandatorv. ,,,,~=":!n.!!:e~ot~ia:!:b~le~,,..I:'S~e~e-:""=::::t.===================-l.

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? 12.8. CALENDAR DAYS (If "YES," indicate within how many calendar days after award in item 128.)

DYES [KINO

13, ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __2_._ copies to perform the work required are due at the place specified ifj Item Bby 1400 (hour) local time Apr i 1 16 '_. 2010 (date). If this is a s.ealed bid soliCitation, offers must 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 guarantee is, ~ is not required, , C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses Incorporated In the 011 citation In full text or by reference.

60D. Offers providing less than calendar days for Government acceptance after the date offers are ue will not be considered and will be re·ected.

STANDARD FORM 1442 (Rev. 4-85)

Prescribed ~y GSA

FAR (48 CFR) 53.236-1 (a)

53.301-1442 FEDERAL ACQUISITION REGULATION (FAR)

OFFER (Must be full .E}!!1.p..!I!.;..:te;.,::d~b...,y~o;,;.;ffi;;.;.et'_"o"-,r)__-:-:--__....._...._.._._",,__,,___________

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

16 REMITTANCE ADDRESS (Include only if different than Item 141

accepted by the Government in writing calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 130. Failure to insert any number means the offeror accepts the minimum in Item 130.)

SEE SECTION B - SCHEDULE OF SUPPLIES/SERVICES

AMOUNTS ...

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

19. ACKNOWLEDGMENT OF AMENDMENTS

(Tile offemr acknowledges receipt of amendments to the sOlicitation" give number and date of each)

AMMENDMENT NO.

DATE

20A. NAME AND TITLE OF peRSON AUTHORIZED TO SIGN OFFER 20B. SIGNATURE 20C. OFFER DATE (Type or print)

AWARD (To be completed by Government)-----'-----_.....-.-............-...-.-----~-

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO24. SUBMIT INVOICES TO ADDRESS SHOWN IN", "TEM

__(~4-C-Op~~~s~u~n~~-ss--m-he-rw--~-e~s~---m-·~------_r-~I-~~--~~.~[J~.~10~.~U~S~C~2=3;;.;.04~(C~)~(--------2-~[]~4~1-"U-"S-"C~2~5~3~(c~)L:__________~

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BYI

1..------------1

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

~~~~~~~~~~~~~~~~~~--~~.[J 28. NEGOTIATED AGREEMENT (Contractor is required to [J 29. AWARD (Contractor is not required to sign this document.)

Your offer on this solicitation, is hereby accepted as to the items listed.

sign this document and return __copies to issuing office.) This award consummates the contract, which consists of (a) the Contractor agrees to furnish and cjeliver all items or perform all work, Government solicitation and your offer, and (b) this contract award. No reqUisitions iaentified on this forlll and any continuation sheets for the further contractual document is necessary.

consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) t~lis contract award, (b) the SOlicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

lOA. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN 31A. NAME OF CONTRACTlNG OFFICER (Type or pnnt) (Type or print)

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

BY

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

SP3300-10-R-0018 B-1

SECTION B

SUPPLIES OR SERVICES AND PRICES

B1 GENERAL OVERVIEW

This solicitation is for an Indefinite Delivery/Indefinite Quantity (IDIQ) Contract to fulfill miscellaneous paving and utilities requirements at the following locations:

(1) Defense Distribution Depot Susquehanna (DDSP), New Cumberland, PA

(2) Defense Distribution Depot Susquehanna (DDSP), Mechanicsburg, PA

B2 DESCRIPTION OF WORK REQUIREMENTS

The following summary of work is for the purpose of general information only and is not intended to include and describe every feature or item or to define the scope of work. The work requirements under this solicitation will included, but are not limited to, the following:

1. Installation of new and repairs to existing bituminous and cement concrete pavement surfaces, pads, etc.

2. Installation of new, repairs to existing and removal/demolition of existing abandoned underground utility pipelines and conduits of varied material composition, including some pipelines containing Asbestos Containing materials (ACM).

3. Earthwork including bulk excavation, earthmoving, grading, backfilling and compaction.

4. Construction site maintenance including construction layout instrument survey, traffic control and erosion and sediment pollution control.

B3 MAGNITUDE OF CONSTRUCTION

The estimated magnitude of construction is between $1,000,000 and $5,000,000 (base year plus one (1) option year).

B4 PERIOD OF PERFORMANCE

The base contract period of performance shall be for one year with one (1) option year period, if the Government exercises the option(s) in accordance with FAR

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

identified in Section I. The total duration of the base and one (1) option year period shall not exceed two (2) years.

Base Year Period of Performance will begin July 9, 2010 thru July 8, 2011 Option Year Period of Performance will begin July 9, 2011 thru July 8, 2012

B5 BONDING REQUIREMENTS FOR TASK ORDERS

TASK ORDERS BETWEEN $30,000.00 and $100,000.00 Any Task Order issued under this contract for more than $30,000.00 but less than $100,000.00 is subject to the requirement for alternative payment protections in accordance with FAR 52.228-13 ALTERNATIVE PAYMENT

SP3300-10-R-0018 B-2

PROTECTIONS (JUL 2000), identified in Section I. Within ten (10) days after the award of a task order in excess of $30,000.00 but less than $100,000.00, the Contractor shall furnish either a payment bond or an irrevocable letter of credit

(ILC).

TASK ORDERS IN EXCESS OF $100,000.00

FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION

(NOV 2006), identified in Section I applies to all Task Orders issued in excess of $100,000.00. Within ten (10) days after the award of a task order in excess of $100,000.00, the Contractor shall furnish a performance and payment bond to the Contracting Officer, each with good and sufficient sureties acceptable to the Government.

B6 INCURRED EXPENSES

The Government is not responsible for any costs incurred or associated with preparation and submission of a proposal in response to this solicitation. The Government also is not responsible and will not reimburse contractors for the cost preparing and submitting proposals for any Task Orders issued under this contract.

B7 MINIMUM GUARANTEE

The only work authorized under this contract will be ordered by the Government through the issuance of a written Task Order. No orders will be issued orally.

The Government makes no representation concerning the number of Task Orders or the actual amount of work to be ordered under this contract. However, the contractor is guaranteed a minimum $50,000.00 during the term, inclusive of the option year. Contractors are not guaranteed work in excess of the minimum guarantee specified herein. Task order(s) in the amount of the minimum guarantee will be issued at contract award.

B8 WORK BY THE GOVERNMENT

The Government reserves the right to undertake performance by Government forces or other contractors, the same type of similar work as contracted for herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.

B9 PROGRESS PAYMENTS

For Task Orders with a performance period of less than thirty (30) days, progress payments will not be authorized. Payment will be made after final acceptance by the Government. For Task Orders with a performance period of thirty (30) days or more, progress payments will be authorized once monthly, based on the percentage of work completed. Reference FAR 52.232-5 Payments under Fixed- Price Construction Contracts in this solicitation.

SP3300-10-R-0018 B-3

B10 INSURANCE

Minimum amounts of insurance are required prior to commencement of work on the contract. Required insurance amounts are identified at Section I, DLAD 52.228-9000 in this solicitation.

B11 COMMENCEMENT OF WORK

The Contractor shall commence any mobilization and familiarization activities prior to actual work on individual task orders as soon after contract award as practicable. The contractor shall be fully operational and capable of starting work on any required task order(s) within thirty (30) calendar days from the date of contract award. However, the Contractor shall not commence work on any task order until the Contracting Officer has issued a Notice to Proceed.

B12 MINIMUM/MAXIMUM CONTRACT VALUE

Minimum contract value - $50,000.00 (Inclusive of the option year) Maximum contract value - $2,500,000.00 (Inclusive of the option year)

B13 MINIMUM/MAXIMUM TASK ORDER VALUE

Minimum task order value-$2,000.00 Maximum task order value-$2,000,000.00

B14 ELECTRONIC SOLICITATION

This solicitation, including the specifications, drawings, attachments, and any amendments, is only available electronically at the Federal Business Opportunities website (http://www.fbo.gov). Offerors are cautioned that it is their responsibility to access the website for any amendments that may be issued under the solicitation. There will be no advance notification of an amendment being issued. Offerors are advised to consult the website frequently to check for amendments since an amendment may be issued up until the proposal due date.

Failure to acknowledge an amendment(s) may render your proposal ineligible for award.

B15 PROPOSAL SUBMISSION

Proposals must be submitted in hard copy only. The Contract Line Item Number (CLIN) pricing from Section B-Schedule of Supplies and Services must be provided in hardcopy and on a CD in Excel format. Electronically submitted proposals including facsimile and telegraph will not be accepted. Proposals shall be submitted in an envelope clearly marked with the solicitation number and the proposal due date and time. All proposals shall be submitted to the address shown in Block 7 on Standard Form 1442. Reference Section L, Proposal Preparation Instructions.

B16 CENTRAL CONTRACTOR REGISTRATION

Reference Section I, FAR Clause 52.204-7 and DFARS Clause 252.204-7004.

To receive awards resulting from solicitations issued after May 31, 1998, your http://www.fbo.gov/�

SP3300-10-R-0018 B-4

company must be registered in the Central Contractor Registration (CCR) database. Contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227-2423 or via the Internet at http://www.ccr.gov.

B17 CONTRACT LINE ITEM NUMBER (CLIN) PRICING

Contractors shall provide CLIN pricing for the base year period at Attachment I- Section B-Schedule of Supplies/Services Base Year CLIN pricing. Contractors shall provide CLIN pricing for the option year period at Attachment J-Section B- Schedule of Supplies/Services Option Year CLIN pricing. CLIN pricing shall be provided in hardcopy and electronic, in Excel format.

B18 DAVIS BACON WAGE RATE PRICE ADJUSTMENTS

Reference Section I, FAR Clause 52.222-32 for the Davis Bacon Act-Price Adjustment (Actual Method)

B19 SITE VISIT DATE, TIME AND LOCATION

Reference Section L, FAR Provision 52.236-27 for specific date, time and location. Due to security measures currently in place on this installation, anyone planning to attend the site visit needs to provide the following information to Donna Kautz Phone: 717-770-6563, Fax: 717-770-7591 or Email:

donna.kautz@dla.mil.

This information must be submitted at least two (2) working days prior to the site visit date. Failure to submit this information in the timeframe requested above may result in delays upon your arrival at the installation.

Company Name Employee Name Employee Social Security Number Employee Date of Birth Employee State and Country of Birth On the date of the site visit, employee will need to present at least one (1) form of photo identification, i.e., valid driver’s license. The employee will also need to present current registration and insurance for each vehicle entering the installation.

B20 HOURS OF WORK

The Contractor shall be prepared to perform the contracted tasks during the normal working period of 7:30AM to 4:30PM (except Federal holidays).

B21 PRE-CONSTRUCTION CONFERENCE

The Contracting Officer reserves the right to have a pre-construction meeting prior to the start of any task order issued under this contract to review scheduling, Government policies, Government procedures, obtain initial http://www.ccr.gov/� mailto:donna.kautz@dla.mil�

SP3300-10-R-0018 B-5

submittals and review any items unique to the completion of the particular task order.

B22 TASK ORDER ISSUANCE

The Government intends to issue task orders against this contract to the contractor via fax or email.

B23 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE

Reference Section I, FAR 52.219-6 Notice of Total Small Business Set-Aside.

Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected. Any award resulting from this solicitation will be made to a small business concern. The North American Industry Classification System (NAICS) code for this acquisition is 237310. The small business size standard is $33.5 Million (average annual gross revenue for the last 3 fiscal years). The three-year average annual receipts (AAR) means “total income” or “gross income” plus “cost of goods sold” as reported to the IRS tax returns and includes those of all affiliates world wide. The AARs are calculated based on your firm’s last three completed fiscal years. If a concern has not been in business for three (3) years, the average weekly revenue for the number of weeks the concern has been in business is multiplied by 52 to determine its average annual receipts. For more information see:

http://www.sba.gov/size/part121sects.html

END OF SECTION B

SP3300-10-R-0018 C-1

SECTION C

DESCRIPTION/SPECIFICATIONS

C1 SPECIFICATIONS. The following document is provided as part of the solicitation package and shall be used in the execution of work under this contract:

DEFENSE LOGISTICS AGENCY

DEFENSE DISTRIBUTION DEPOT SUSQUEHANNA (DDSP)

PENNSYLVANIA

NEW CUMBERLAND PA 17070-5002

SPECIFICATIONS

FOR

FY 10-11 MISCELLANEOUS PAVING AND UTILITIES

REQUIREMENTS CONTRACT

FACILITIES ENGINEERING DIVISION

FEBRUARY 2010

ATTACHMENT F

END OF SECTION C

SP3300-10-R-0018 D-1

SECTION D

PACKAGING AND MARKING

THIS SECTION NOT REQUIRED

END OF SECTION D

SP3300-10-R-0018 E-1

SECTION E

INSPECTION AND ACCEPTANCE

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

END OF SECTION E

SP3300-10-R-0018 F-1

SECTION F

DELIVERIES OR PERFORMANCE

52.211-13 TIME EXTENSIONS (SEP 2000)

FAR

52.242-14 SUSPENSION OF WORK (APR 1984)

FAR

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION

FAR OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within * calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use no later than *. The time stated for completion shall include final cleanup of the premises.

*Specific time frames required by the Government shall be identified with each individual task order. Time frames will be established based on the magnitude and complexity of the task order.

(End of Clause)

END OF SECTION F

SP3300-10-R-0018 G-1

SECTION G

CONTRACT ADMINISTRATION DATA

G1 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE

DFARS (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

G2 SUBMISSION OF INVOICES:

Invoices shall be prepared and submitted in accordance with FAR 52.232-5 Payments under Fixed-Price Construction Contracts (Sept 2002). Invoices should indicate the contract number and task order number.

Invoices shall be submitted to the Acquisition Operations Office via one of the following methods:

1. Mail to: Defense Distribution Center

Acquisition Operations (DDC J7-AB) J Avenue, Building 404 New Cumberland, PA 17070-5000 ATTN: Donna Kautz

2. Fax to: 717-770-7591 – ATTN: Donna Kautz

3. Email to: donna.kautz@dla.mil

G3 TASK ORDER ISSUING AUTHORITY

The following Contracting Office is authorized to issue task orders against this contract. The Contract Specialist and Contracting Officer are identified as the main points of contact for this contract. However, any Contract Specialist or Contracting Officer employed by the Government at the contracting office may perform authorized duties in conjunction with this contract.

SP3300-10-R-0018 G-2

Defense Distribution Center Acquisition Operations (DDC J7-AB) J Avenue, Building 404 New Cumberland PA 17070-5000

Points of Contact: Contract Specialist-Donna Kautz Phone: 717-770-6563 Fax: 717-770-7591 Email: donna.kautz@dla.mil

Contracting Officer-Thomas F. Martino Phone: 717-770-6169 Fax: 717-770-7591 Email: thomas.martino@dla.mil

Note: The contracting Office at Defense Distribution Center will issue task orders for the Defense Distribution Depot Susquehanna (DDSP), New Cumberland and Mechanicsburg, PA Sites.

END OF SECTION G

mailto:donna.kautz@dla.mil�

SP3300-10-R-0018 H-1

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H1 Liquid Asphalt Economic Price Adjustment (EPA) – March 12, 2010 DLA Defense distribution Center J7-AB

(a) General. The unit prices of Contract Line Item Numbers (CLIN) 0017, 0019, 1017 and 1019 of this contract shall be subject to adjustment periodically as provided herein. The Contractor shall notify the Contracting Officer of a Price Rebate or Price Increase per paragraph C below, within ten (10) days after the Pennsylvania Asphalt Paving Association’s (PAPA) monthly Asphalt Paving Index (API) has been published.

(b) Warranties. The Contractor warrants that:

(1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingencies covered by this clause. Pricing actions pursuant to the Changes clause or other provisions of the contract will be priced as though there were no provisions for economic price adjustment.

(2) The prices to be invoiced hereunder shall be computed in accordance with the provisions of this clause.

(c) Definitions. The terms used in this instruction are defined as specified below.

(1) Material Index Bid (IB) - The total $ price charged to the DDC for CLINs:

0017 BCBC Bituminous Pavement - Material Only Price 0019 Bituminous Wearing Course, ID-2-Material Only Price 1017 BCBC Bituminous Pavement - Material Only Price

1019 Bituminous Wearing Course, ID-2-Material Only Price delivered to the Government and included in the contract award schedule.

(2) Price Rebate (PR) - Price decrease to the IB in the event that the Asphalt Paving Index (API) decreases greater than ten (10) percent below the initial Baseline Index established by the Government. There is no percentage limit on the amount of decreases that may be made under this clause.

(3) Price Increase (PI) –Price increase to the IB in the event that the Asphalt Paving Index (API) rises greater than ten (10) percent above the initial Baseline Index established by the Government. The maximum percentage price increase will be 40 percent (%) per contract calendar year.

(4) Contract Date. The term which means the date of award of the contract resulting from this solicitation.

SP3300-10-R-0018 H-2

(5) Economic Indicator. The economic indicator for price adjustments under this instruction is contained in the Pennsylvania Asphalt Paving Association’s (PAPA) monthly Asphalt Paving Index (API) price for asphalt cement. The API uses pricing data obtained on the last Wednesday of the preceding month, from a survey of producers who do business in Pennsylvania. The API price can be found at the following website: www.pahotmix.org. The applicable API price used for this solicitation is found under Zone 1-Districts 3, 4, 5, 6, 8. Using this information, the Government is establishing a Baseline Index to determine the changes to the cost of asphalt pavement for the duration of the Contract.

(6) Baseline Index. For purposes of price adjustment under this clause, the Baseline Index shall be the index posted for material placed in March 2010 which has a price of $494/ton. This Baseline Index applies to both the base contract year and option year one CLINs.

(7) Adjusting Price Index. For purposes of price adjustment under this clause, this term shall mean the API indicator for the month in which the unit price(s) are being adjusted.

(d) Cumulative Price Adjustment. Unit price adjustments under this contract shall be subject to the following limitations:

(1) The unit prices of the Base Year CLINs will serve as the Index Bids (IB) that will be used in the calculation of any future Price Rebate (PR) or Price Increase (PI), including the option year.

(2) The Government will only require a Price Rebate (PR) from or issue a Price Increase (PI) to the Contract in the event that the API either falls below or rises greater than ten (10) percent above or below the initial Baseline Index of $494/ton. When this occurs, the PR or PI shall be equivalent to the percentage the PR or PI falls below or rises above the initial Baseline Index (ex.: 21.3% increase in Baseline Index yields (21.3-10.0) 11.3% increase).

(3) PRs and PIs resulting from changes to the Baseline Index will only affect a portion of the IB for the bituminous material because the bituminous material is not wholly composed of asphalt. Industry standards indicate that BCBC is composed of 4% asphalt and ID-2 Wearing Course is composed of 6.2% asphalt. The remainder of the bituminous material is composed of sand and stone aggregate.

Therefore, the PR and PI resulting from the Asphalt Escalation Formula shall only be applied to 4% of CLINs X017 and 6.2% of CLINs X019.

(4) Upon publication of the Adjusting Price Index, the contracting officer will make an effort to monitor the monthly changes to the API, but the http://www.pahotmix.org/�

SP3300-10-R-0018 H-3

Contractor is responsible for notifying the Government in writing of the monthly status of the API and is also responsible for providing the Government with a written calculation showing any required PR or PI resulting from updates to the APIs. Any adjustments made in accordance with this clause whether increased or decreased, shall be the responsibility of the Contracting Officer via modification. The Government has developed a form for reporting the monthly price adjustment which will be provided to the contractor for their use.

(5) The following are examples of a PR and PI adjustment calculations using the Baseline Index (Figures shown were created to illustrate the method of calculating changes to the CLIN pricing. They do not represent actual data.)

Example PR Adjustment Baseline Index $494/ton, Month 1 Current Index 410/price per ton CLIN 0017/price per ton bid: $400.00

(410-494)/494 = -17% + 10% = -7% X $400.00 = -$28.01 PR

-$28.01 X0.04 = -$1.12 decrease in value to IB or $398.88 price per ton

Example PI Adjustment:

Baseline Index $494/ton, Month 1 Current Index 550/price per ton CLIN 0017/price per ton bid: $400.00

(550-494)/ 475 =11.3% - 10% = 1.3% X $400.00 = $5.2 PI

$5.2X0.04 = $.21 increase in value to IB or $400.21 price per ton

Baseline Index $494/ton, Month 2 Current Index 570/price per ton CLIN 0017/price per ton bid: $400.00

(570-494)/494 = 15.3% -11.3%= 4% X $400.21 = $16.00 PI

$16.00 X0.04 = $.64 increase in value to IB or $400.85 price per ton

(6) If PAPA fails to publish a monthly API value for the designated commodity item or if the Contracting Officer determines that the index consistently and substantially fails to reflect market conditions, the Contracting Officer may amend the contract to specify use of an appropriate substitute index effective on the date the index specified in the contract was not published or, if published, begins to consistently and substantially fail to reflect market conditions.

(e) Contract Modifications. The price adjustment(s) to be made hereunder shall be evidenced by a Modification signed by the Contractor and the Contracting Officer.

The Modification shall be issued within ten (10) days of notification by the contractor that a PI or PR price adjustment is required based on the monthly API publication:

Shall set forth the unit price(s) as adjusted in accordance with this clause to establish the Contract CLIN Price(s) for the ensuing performance period and, SP3300-10-R-0018 H-4

(1) Shall adjust the unit prices of any task orders issued during this 10 day period.

(2) If the adjustment results in a decrease to the unit price(s) of task orders issued during this (10) day period, the Contractor shall submit a credit memorandum in the amount of the decrease within thirty

(10) days of the date of the Modification. This credit will be applied to subsequent task orders.

(f) Disputes. Any disagreement which arises in connection with the administration of this clause shall constitute a dispute under the “Disputes” clause of the contract.

(g) Examination of Records: The Contracting Officer (or their authorized representative) may examine the Contractor’s books, records, and other supporting data relevant to the cost of material applicable to this clause during all reasonable times until the end of three years after the date of final payment under this contact or the time periods specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier.

H2 DEPOT REGULATIONS. Illegal drugs, guns or other contraband are not authorized on this Federal installation. It is the contractor's responsibility to ensure that its employees working on-site at this installation are U.S. citizens or legal aliens with no outstanding warrants. This installation is manned by a DoD Police Force who possesses apprehension authority, which includes holding suspects for local authorities. These officers can and will charge individuals with an established court appearance via the Federal Magistrate. This agency processes illegal aliens in accordance with INS instructions.

H2 SECURITY PROCEDURES FOR CONSTRUCTION CONTRACTORS

WORKING AT THE DEFENSE DISTRIBUTION DEPOT SUSQUEHANNA (DDSP),

NEW CUMBERLAND, PA.

EMPLOYEES/PERSONNEL AND VISITORS

All persons, with the exception of delivery truck drivers, entering the installation must obtain an Identification Badge from DDSP Security, Pass and ID. All visitors and personnel expected to be on site for less than 90 days will receive a temporary badge.

Personnel expected to be on site for longer than 90 days will be provided a permanent badge. The construction contractor shall follow the procedures below to obtain and renew Identification Badges for all direct hire and subcontractor employees and visitors:

1) Complete the attached New PERSONNEL NOTIFICATION form (Attachment “A”).

2) Complete the attached Identification Badge request form for each employee. Use the short form (Attachment “B”) for personnel expected to be on site less than 90 days. Us the long form (Attachment “C”) for personnel expected to be on site more

SP3300-10-R-0018 H-5

than 90 days. (Note: Only employees with permanent badges will be permitted to escort delivery vehicles and new employees.)

3) Fax only NEW PERSONNEL NOTIFICATION form to security desk at 717-770- 5480 and Contracting Officer’s Representative (COR) at 717-770-2910 the day prior to arrival (day prior is the minimum, may be sent up to one week prior to arrival) .

4) Fax NEW PERSONNEL NOTIFICATION form and Identification Badge request forms to Pass and ID Section (located at Post 3) at 717-770-8146 the day prior to arrival (day prior is the minimum, may be sent up to one week prior to arrival).

5) When new personnel arrive at Post 3 (DDSP entrance gate nearest the Eastern Distribution Center, Building 2001) security will notify the escort designated on the NEW PERSONNEL NOTIFICATION form. The escort will be required to meet the new personnel at Post 3 and escort same to Pass and ID for processing. If the contractor has completed step 4 in a timely manner, badge information will be entered into DDSP system prior to arrival and will be an aid to expedite processing.

6) When new personnel arrive at Pass and ID, they will be required to provide a valid photo identification card (Driver’s License preferred) and registration and proof of insurance for any vehicles that they will be driving on the installation. New personnel will then receive a DDSP photo ID badge and a “paper” temporary vehicle pass.

The prime contractor will be responsible for providing a weekly updated list of all badges issued by Pass and ID to the COR. Badge listing shall identify Project Name, Prime contractor name and any subcontractor names. This listing shall provide the employee’s/visitor’s name, badge number (only 90 day + duration badges are assigned a number), employer, date issued and date returned to Pass and ID. Failure to return all badges issued, including temporary and/or expired badges may delay progress and/or final contract payments. The COR will forward a copy to the DDSP Pass and ID section by fax for weekly reconciliation.

BADGE RENEWAL OF EXPIRED OR EXPIRING BADGES

Complete a new long form badge application (Attachment “D”) and FAX to Pass and ID section (717-770-8146) 24 hours in advance of renewal application.

ENTRANCE INTO DDSP

Contractor personnel with DDSP ID badges, entrance into DDSP is determined by the type of vehicle they are driving:

Contractor with sedan Enter via Post 3 (EDC Gate) Contractor with empty pick-up truck Enter via Post 3 (EDC Gate) Contractor with pick-up containing tools or Enter via Post 4 (Truck Gate) jobsite equipment or having a cap Contractor with utility vehicle or van Enter via Post 4 (Truck Gate)

SP3300-10-R-0018 H-6

DELIVERIES

All contractor deliveries shall enter the installation through Post 4 (DDSP Truck Gate).

To help avoid delays at the entrance, all deliveries should be scheduled after 8:00AM whenever possible. The construction contractor shall follow the following procedure for all deliveries (including pick-ups at the construction site):

1) Complete the attached CONTRACTOR’S DELIVERY NOTIFICATION form (Attachment “E”).

2) Fax the completed CONTRACTOR’S DELIVERY NOTIFICATION form to the COR at 717-770-2910 a minimum of one day prior to delivery.

3) When the delivery truck arrives at Post 4, DDSP will contact the delivery POC identified on the notification form. The POC will be required to escort the delivery truck from Post 4 to the construction site.

4) After delivery is completed, the delivery truck must be escorted from the construction site back to Post 4.

PHOTOGRAPHS

Cameras may be possessed and operated by authorized persons only. To obtain a Camera Authorization Pass, the COR will fax the request to Pass and ID. The contractor’s name and length of time the camera pass is required will be included in the request. Camera Passes will be issued upon approval at the time the contractor picks up his/her badge at Pass and ID. Authorization will be for prime contractor personnel only. A Camera Pass must be in possession of the person taking the photographs when challenged. Failure to maintain, or loss of this pass will be reported to the COR for action and security will be notified as necessary. Personnel found to be in the possession of photographic equipment without the proper documentation will have their equipment confiscated and returned upon their departure from the installation or other arrangements will be made.

THREAT CONDITIONS

Contractors are allowed to enter the installation when threat conditions are at:

ALPHA

BRAVO

CHARLIE

Contractors will not be allowed to enter the installation when the threat condition is at:

DELTA

To determine the threat level and any other restrictions concerning restrictions or delays to enter DDSP, contractors need to call the DDSP information line:

SP3300-10-R-0018 H-7

717-770-2866 (local calling area) 1-877-639-2012 (outside local area) Section DDSP – Option #2

CONTACTS

DDSP Security Desk - Phone: 717-770-6270 Fax: 717-770-5480

DDSP Pass and ID Section - Phone: 717-770-7111 Fax: 717-770-8146

DDSP Emergency Phone Number: 717-770-7777

DDSP Information Line: 717-770-2866

DDSP Facilities Engineering CORs – will be identified at time of award.

END OF SECTION H

SP3300-10-R-0018 I-1

SECTION I

CONTRACT CLAUSES

I1 CONTRACT CLAUSES

52.202-1 DEFINITIONS (JULY 2004)

FAR

52.203-3 GRATUITIES (APR 1984)

FAR

52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

FAR

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

FAR GOVERNMENT (SEP 2006)

52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)

FAR

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS

FAR FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

FAR ACTIVITY (JAN 1997)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FAR FEDERAL TRANSACTIONS (SEP 2007)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER

FAR (AUG 2000)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

FAR PERSONNEL (SEP 2007)

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN

FAR SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)

52.215-2 AUDIT AND RECORDS—NEGOTIATION (MAR 2009)

FAR

52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT

FAR (OCT 1997)

SP3300-10-R-0018 I-2

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003)

FAR

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)

FAR

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

FAR

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

FAR (FEB 1997)

52.222-3 CONVICT LABOR (JUN 2003)

FAR

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT –

FAR OVERTIME COMPENSATION (JUL 2005)

52.222-5 DAVIS-BACON ACT—SECONDARY SITE OF THE WORK

FAR (JUL 2005)

52.222-6 DAVIS BACON ACT (JUL 2005)

FAR

52.222-7 WITHHOLDING OF FUNDS (FEB 1988)

FAR

52.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988)

FAR

52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

FAR

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS

FAR (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (JUL 2005)

FAR

52.222-12 CONTRACT TERMINATION-DEBARMENT (FEB 1988)

FAR

52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT

FAR REGULATIONS (FEB 1988)

SP3300-10-R-0018 I-3

52.222-14 DISPUTES CONCERNING LABOR STANDARDS

FAR (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988)

FAR

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

FAR

52.222-26 EQUAL OPPORTUNITY (MAR 2007)

FAR

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

FAR CONSTRUCTION (FEB 1999)

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS,

FAR VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE

VETERANS (SEP 2006)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES

FAR (JUN 1998)

52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS,

FAR VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE

VETERANS (SEP 2006)

52.223-3 HAZARDOUS MATERIAL IDENITIFICATION AND MATERIAL

FAR SAFETY DATA (JAN 1997)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

FAR INFORMATION (AUG 2003)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

FAR

52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

FAR

52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

FAR

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

FAR (JUN 2008)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

SP3300-10-R-0018 I-4

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT

FAR AND COPYRIGHT INFRINGEMENT (DEC 2007)

52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS

FAR (DEC 2007)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

FAR

52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION

FAR (JAN 1997)

52.228-11 PLEDGES OF ASSETS (SEP 2009)

FAR

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS

FAR (OCT 1995)

52.228-14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)

FAR

52.229-3 FEDERAL, STATE AND LOCAL TAXES (APR 2003)

FAR

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

FAR CONTRACTS (SEP 2002)

52.232-17 INTEREST (OCT 2008)

FAR

52.232-23 Alt I ASSIGNMENT OF CLAIMS (JAN 1986)

FAR ALTERNATE I (APR 1984)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS

FAR (OCT 2008)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

FAR CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

52.233-1 DISPUTES (JULY 2002)

FAR

52.233-3 PROTEST AFTER AWARD (AUG 1996)

SP3300-10-R-0018 I-5

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT

FAR CLAIM (OCT 2004)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

FAR

52.236-3 SITE INVESTIGATION AND CONDITIONS

FAR AFFECTING THE WORK (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

FAR

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

FAR

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

FAR

52.236-8 OTHER CONTRACTS (APR 1984)

FAR

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

FAR EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

FAR

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION

FAR (APR 1984)

52.236-12 CLEANING UP (APR 1984)

FAR

52.236-13 ACCIDENT PREVENTION (NOV 1991)

FAR

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES

FAR (APR 1984)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS

FAR (APR 1984)

52.236-17 LAYOUT OF WORK (APR 1984)

SP3300-10-R-0018 I-6

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

FAR (FEB 1997)

ALTERNATE I (APR 1984)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

FAR

52.242-13 BANKRUPTCY (JUL 1995)

FAR

52.243-4 CHANGES (JUN 2007)

FAR

52.243-6 CHANGE ORDER ACCOUNTING (APR 1984)

FAR

52.245-1 PROPERTY RECORDS (JUN 2007)

FAR

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

FAR

52.248-3 VALUE ENGINEERING – CONSTRUCTION (SEP 2006)

FAR

52.249-2 Alt I TERMINATION FOR CONVENIENCE OF THE

FAR GOVERNMENT (FIXED-PRICE)(MAY 2004) –

ALTERNATE I (SEP 1996)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION)

FAR (APR 1984)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

FAR

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF

DFARS FRAUD OR OTHER DEFENSE-CONTRACT-RELATED

FELONIES (DEC 2009)

252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991)

DFARS

SP3300-10-R-0018 I-7

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK

DFARS PRODUCT (APR 1992)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE

DFARS AGREEMENT HOLDERS (DEC 1991)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE

DFARS OWNED OR CONTROLLED BY THE GOVERNMENT OF A

TERRORIST COUNTRY (DEC 2006)

252.223-7001 HAZARD WARNING LABELS (DEC 1991)

DFARS

252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)

DFARS

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF

DFARS TOXIC AND HAZARDOUS MATERIALS (APR 1993)

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC

DFARS COMMODITIES (DEC 2008)

252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL

DFARS (JUN 2005)

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN

DFARS OWNED ECONOMIC ENTERPRISES AND NATIVE

HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)

252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966)

DFARS

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

DFARS

252.236-7000 MODIFICATION PROPOSALS-PRICE

DFARS BREAKDOWN (DEC 1991)

252.236-7005 AIRFIELD SAFETY PRECAUTIONS (DEC 1991)

DFARS

252.243-7001 PRICING OF CONTRACT MODIFICATIONS

DFARS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT

DFARS (MAR 1998)

SP3300-10-R-0018 I-8

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA

DFARS (MAY 2002)

52.223-9000 MATERIAL SAFETY DATA SHEETS AND HAZARD

DLAD WARNING LABELS (MAR 1992)

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of HQ DLA, Procurement Integrity and Pricing Branch (J-3313) and shall not be binding until so approved.

52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

DFARS 252.204-7004 ALTERNATE A (SEP 2007) substitutes the following paragraph (a) for paragraph (a) of the FAR 52.204-7 clause:

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

“Central Contractor Registration (CCR) database” means the primary Government repository for contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file.

This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same parent concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database;

(2) The Contractor’s CAGE code is in the CCR database; and

SP3300-10-R-0018 I-9

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service, and has marked the records “Active.”

The Contractor will be required to provide consent for TIN validation to the Government as part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

http://fedgov.dnb.com/webform�

SP3300-10-R-0018 I-10

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

SP3300-10-R-0018 I-11

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1- 888-227-2423, or 269-961-5757.

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract award through one year for the base year period and for one option year period if the Government exercises the option.

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

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail.