Solicitation,_W911RX-17-B-0006,_Aggregate_Materials,_6_July_17.pdf

SEE ADDENDUM

(No Collect Calls)

W911RX-17-B-0006 06-Jul-2017

b. TELEPHONE NUMBER

785-239-4073

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 08 Aug 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911RX9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

HUBERT W. SCIPIO

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0010978194

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MICC- FT RILEY

BLDG 1792

FORT RILEY KS 66442-0248

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W55CU6 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DIRECTORATE OF PUBLIC WORKS - FORT RILEY

TOM HALL

BLDG 368

FORT RILEY KS 66442

TEL: 785-239-8516 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

212321

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF65

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W911RX-17-B-0006

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 1 Job

AGGREGATE STONE-MAIN POST

FFP

Aggregate Stone

Crushed Stone: Commonly referred to as AB3; according to Section 1112 of the Kansas Department of Transportation specification code, Year 1 (one) Pricing effective 1-Jan 2018 thru 31 DEC 2018

Year 2 (two) Pricing effective 1 Jan 2019 thru 31 Dec 2019

Year 3 (three) Pricing effective 1 Jan 2020 thru 31 Dec 2020

Year 4 (four) pricing effective 1 Jan 2021 thru 31 Dec 2021

Contractor shall provide unit pricing for estimated quantities per each year IAW

Exhibit A - Yearly Pricing Bid Schedule

FOB: Destination

PURCHASE REQUEST NUMBER: 0010978194

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0002 1 Job

AGGREGATE STONE-RANGE #18

FFP

Aggregate Stone

Crushed Stone: Commonly referred to as AB3; according to Section 1112 of the Kansas Department of Transportation specification code, Year 1 (one) Pricing effective 1-Jan 2018 thru 31 DEC 2018

Year 2 (two) Pricing effective 1 Jan 2019 thru 31 Dec 2019

UNIT UNIT PRICE ESTIMATED AMOUNT

0003 1 Job

AGGREGATE STONE-MPRC

FFP

Aggregate Stone

Crushed Stone: Commonly referred to as AB3; according to Section 1112 of the Kansas Department of Transportation specification code, Year 1 (one) Pricing effective 1-Jan 2018 thru 31 DEC 2018

Year 2 (two) Pricing effective 1 Jan 2019 thru 31 Dec 2019

UNIT UNIT PRICE ESTIMATED AMOUNT

0004 1 Job

SAND - MAIN POST

FFP

Sand

Natural from the breakup of siliceous / calcareous rock or produced from naturally occurring sand and gravel;

(i)Commonly used for ice control measures. Gradiation requirements as a percent retained on SQ. mesh sieve after removal of minus #200 materials (max pass #200 wash is 2%) or sieve 3/8, 4, 8, 16, 30, 100 PERCENT 0, 0-15, 8-24, 20-50, 50+, 95-100.

Year 1 (one) Pricing effective 1-Jan 2018 thru 31 DEC 2018

Year 2 (two) Pricing effective 1 Jan 2019 thru 31 Dec 2019

Section D - Packaging and Marking

CLAUSES INCORPORATED BY REFERENCE

252.246-7000 Material Inspection And Receiving Report MAR 2008

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

52.246-16 Responsibility For Supplies APR 1984

Section F - Deliveries or Performance

FT RILEY DELIVERY INFORMATION

Effective immediately all commercial vehicles delivery access is restricted to the 12th Street and Estes Access

Control Points (ACP). Cargo and/or load carrying vehicles one (1) ton and above are directed to access Fort Riley

Installation by using one (1) of these designated ACP.

12th STREET ACP: The 12th Street ACP can be accessed from Interstate I-70, take Exit 303, head North direction and take the 12th Street Exit. The 12th Street ACP can also be accessed from KS Highway 18 North of the Kansas

River Bridge. The 12th Street ACP is open from 5:00 a.m. to 7:00 p.m. (CST) Monday through Friday.

12th Street Gate will have inbound commercial vehicle lanes only. There is no outbound traffic authorized at

12th Street Gate.

ESTES ACP: The Estes ACP can be accessed from Interstate I-70, take Exit 295 and head North on US

Highway77, exit on Old Highway-77, and take Estes road onto the access control point. Estes ACP can also be accessed from US Highway-77.

Estes Gate will be open 24 hours a day. Commercial traffic at Estes are required to have an access pass or badge PRIOR to using the gate.

(a) Commercial vehicle driver(s) and/or passenger(s) must complete a successful National Crime Information

Center Interstate Identification Index (NCIC III) background check to enter the installation and issued either a

Fort Riley visitor pass or Fort Riley access badge.

NOTE:

A pre-registration form [FR Form 103 Feb 2015] is available as .DPF download @ http://www.riley.army.mil/Portals/0/Docs/Services/RileyServices/EmergencySvcs/FRfm103ReqAccessPass.pdf

The form can be filled-out at any time and turned-in at the 12th Street ACP.

(b) Commercial vehicle driver(s) must possess a valid state-issued driver’s license, state vehicle registration and proof of insurance for the commercial vehicle they are operating.

(c) Commercial deliveries shall have a bill of lading or delivery invoice, Contract Number, delivery address, contact’s name and phone number.

(d) Fort Riley badges and/or visitor passes for all commercial vehicles are available at the 12th Street ACP.

(e) For questions pertaining to the Fort Riley access control procedures, call Directorate of Emergency Services, Security Branch @ (785) 239-3138.

Commercial vehicle deliveries are accepted between 5:00 a.m. to 7:00 p.m. (CST) Monday through Friday and 8:00 a.m. to 5:00 p.m. (CST) on Saturdays. The 12th Street ACP is closed at 7:00 p.m. and closed on weekends and federal holidays. The Estes ACP is open 24 hours a day. The installation does not provide overnight parking. All deliveries must be accepted and off loaded the same day.

Reporting Suspicious Activity: The iWATCH is an Army wide initiative aimed at promoting heightened awareness and vigilance against terrorism. It is the Contractor’s responsibility to report any suspicious activity to the Fort Riley

Police Department @ (785) 239-6767, or Antiterrorism Office @ (785) 239-6303/6044. For additional information go to: http://www.riley.army.mil/Community/iWATCH.aspx.

Fort Riley Directorate of Emergency Services retains the right to refuse entry to the installation. Refusal of entry shall not relieve the prime contracted vendor from its responsibility to deliver as agreed to, or there be an additional cost to the Government resulting from refused entry.

For Fort Riley advisories, daily traffic update and other access control points hours of operations, go to:

http://www.riley.army.mil/AboutUs/Advisories.aspx

DELIVERY INFORMATION

CLIN ORDERING PERIOD QUANTITY SHIP TO ADDRESS DODAAC

0001 01-JAN-2018 TO

31-DEC-2021

N/A DIRECTORATE OF PUBLIC WORKS -

FORT RILEY

TOM HALL

BLDG 368

FORT RILEY KS 66442

785-239-8516

W55CU6

0002 01-JAN-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 01-JAN-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 01-JAN-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

52.247-34 F.O.B. Destination NOV 1991

CLAUSES INCORPORATED BY FULL TEXT

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

10% Percent increase

10% Percent decrease

This increase or decrease shall apply to each item quantity specified in the delivery schedule.

(End of clause)

Section G - Contract Administration Data

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7006 Billing Instructions OCT 2005

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports.

FEB 2016

DELIVERY AND INVOICE INFO

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause—

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and

Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data

Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

https://wawf.eb.mil/

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in

WAWF, as specified by the contracting officer.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0490

Issue By DoDAAC W911RX

Admin DoDAAC W911RX

Inspect By DoDAAC W55CU6

Ship To Code W55CU6

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send

Additional Email Notifications” field of WAWF once a document is submitted in the system.

hubert.w.scipio.civ@mail.mil janie.t.anderson.civ@mail.mil

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

mailto:hubert.w.scipio.civ@mail.mil mailto:janie.t.anderson.civ@mail.mil

WAWF helpdesk at 866-618-5988.

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

5152.233-4000 AMC-LEVEL PROTEST PROGRAM (NOV 2008) (LOCAL CLAUSE)

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC.

The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution.

HQ Army Material Command Office of Command Counsel 9301 Chapek Rd, Room 2-1SE3401 Ft. Belvoir, VA 22060-5527 Facsimile number (703) 806-8866 or 8875

Packages sent by FedEx or UPS should be addressed to:

HQ Army Material Command Office of Command Counsel Room 2-1SE3401 1412 Jackson Loop Ft. Belvoir, VA 22060-5527

The AMC-Level Protest procedures are found at: http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp.

If internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp

Section H - Special Contract Requirements

GENERAL INFORMATION

H.1. Federal Government Holidays: The Federal holidays listed below are observed. When a holiday falls on a Sunday, except for Independence Day holiday, the following Monday will be observed as the holiday. When the holiday falls on a Saturday, the preceding Friday will be observed as the holiday.

New Year's Day Labor Day

Martin Luther King's Birthday Columbus Day

Presidents' Day Veterans' Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

H.2.Hours of Operation: The contractor is responsible for conducting business, between the hours of 7:30 a.m. to 4:30 p.m. Monday through Friday except Federal holidays or when the

Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

H.3.Quality Control: Contracts for commercial items shall rely on Contractors’ existing quality assurance systems as a substitute for Government inspection and acceptance unless customary market practices for the commercial item has been acquired include in-process inspection. Any in-process inspection by the Government shall be conducted in a manner consistent with commercial practice.

H.4. Safety Requirements: The Contractor shall conduct all work in a safe manner, and in compliance with the Occupational Safety and Health Act (OSHA), the Safety and Health

Requirements Manual EM 385-1-1, and Federal, State and Army requirements. If the

Contractor fails, or refuses, to promptly comply with safety requirements, the Contracting

Officer may issue an order stopping part or all of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be made the subject of claim for extension of time or for excess costs or damages to the Contractor.

H.5. Conduct and Appearance: The Contractor shall ensure that the conduct of its employees, while on Fort Riley, shall not in any way be discourteous and shall present themselves in a professional appearance at all times. The conduct and appearance of Contractor employees shall not reflect discredit upon this installation or upon the Department of the Army (DA). The

Government reserves the right to require removal of a Contractor employee from the job site who endangers persons or property, or whose continued employment is inconsistent with military security or mission accomplishment. The Government reserves the right to refuse to permit any Contractor employee to perform services under this contract who is not in compliance with this contract. Failure of an employee to gain access to the installation due to the above will not relieve the Contractor of the duty of performance any work required by this contract.

H.6. Access and General Protection/Security Policy and Procedures: The Contractor shall comply with applicable Installation and facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office, Director of Emergency Services, or

Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection

Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes at no cost to the Government.

H.7. AT Level I Training: All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT

Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the Contract Administrator or to the contracting officer within 30 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: https://atlevel1.dtic.mil/at.

H.8. iWATCH Training: The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity

ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the Fort Riley Military Police

(785-239-6767). This training shall be completed within 30 calendar days of contract award and within 5 calendar days of new employees commencing performance with the results reported to the Contract Administrator NLT 30 calendar days after contract award.

H.9. Identification: Contractor personnel shall possess a corporate issued identification card and/or a copy of the contract/delivery order when supplies are being delivered and present a valid State Driver’s License/ID Card, proof of insurance and vehicle registration in order to access the installation.

H.10. Emergency Medical Treatment: Emergency medical treatment will be provided by

Irwin Army Community Hospital (IACH) Fort Riley in order to prevent undue suffering or loss of life. Emergencies will be treated only during the period of emergency and appropriate action will be taken to discharge or transfer such patients as soon as the emergency period ends.

Charges for medical care will be at the prevailing rate and at the Contractor's expense.

NOTE: Use of Cell Phone is authorized to dial 911 for emergency services while on Fort Riley.

Use land line or cell phone to dial (785) 239-6767 to reach Fort Riley Military Police.

H.11. Fire Protection and Prevention: The Contractor shall comply with all fire prevention measures prescribed in the installation's Fire Protection Regulations which are in or may be put into effect during the course of performance of work under the contract. Copies of the aforementioned fire regulations are on file in the office of the Contracting Officer or its designated representative. The Contractor shall be liable for loss of Government property attributable to negligent or willful misconduct of the Contractor or its employees, including https://atlevel1.dtic.mil/at failure to comply with the fire prevention measures prescribed in the aforementioned regulations.

The Contractor or his responsible employees shall be required to make a thorough inspection at the close of operations in each building where work under the terms of the contract has been accomplished to determine that all necessary safeguards relative to probable fire hazards are in effect. The Contractor shall familiarize its employees engaged in work under the contract with the aforementioned fire regulations, location of fire hazards and reporting procedures. The Fort

Riley Fire Prevention Branch may be contacted at (785)240-3713 for any additional information or clarification on fire prevention and protection matters.

H.12. Contract Management: The Mission and Installation Contracting Command (MICC) –

Fort Riley is the contracting activity for this contract. As the contracting activity, MICC – Fort

Riley will centrally manage the basic contract and will delegate authority to solicit, award, and administer Delivery Orders (DO) pursuant to H.13. The MICC – Fort Riley Contracting Officer

(KO) has the ultimate responsibility for the basic award of the Requirements Contract.

H.13. Delivery Orders (DO) Ordering Procedures: These instructions provide pertinent information using the Aggregate Materials Contract vehicle. These instructions also provide guidance for obtaining decentralized ordering authority and outlines procedures and process flows for identifying requirements for Aggregate Materials through Delivery Order (DO) award.

The Aggregate Materials contract terms are identified and explained to ease the ordering process.

H.13.1. Authority to Issue Delivery Orders (DO): MICC – Fort Riley has the authority to award and administer delivery orders under this procurement.

H.13.1.1 Minimum and Maximum Order Amounts: The Government shall place minimum and maximum orders as specified in the FAR Clause 52.216-19.

H.13.1.2. Unauthorized Work: The Contractor is not authorized to commence delivery order performance without a signed delivery order or direction by the Contracting Officer. Not with-standing any of the other provisions of this contract, the Contracting Officer will be only individual authorized on behalf of the Government to:

- Accept nonconforming work;

- Waive any requirement of the delivery order;

- Modify any term or condition of the delivery order; and

- Waive or modify any term or condition of the contract

H.13.2. Ordering and Invoicing:

H.13.2.1. Funds for the Aggregate Materials will be obligated at the delivery order level, as they become available, or excess funds de-obligated at the delivery order level, by modification unilaterally by the Government. The Contractor will only be paid for the effort that has been authorized by the Government and performed in accordance with contract specifications. All delivery orders will be Fixed Priced (FP).

H.13.2.2. The Government may issue delivery orders as needed with quantities. The KO will place the order via delivery order.

H.13.2.3. Invoicing will be in accordance with 252.232-7003 Electronic Submission of Payment

Requests and Receiving Reports.

H.13.3.Delivery Requirements: Contractor will be issued a delivery order 3-5 days prior to date of expected delivery. The delivery address listed in Section F is for billing purposes only. All points of delivery on Fort Riley are as follows:

(i) Main Post, Building 352, Public Works Yard

(ii) Tank Gunnery Range South, (Range 18) on Vinton School Road

(iii) Tank Gunnery Range North, (MPRC) on new U.S. Highway 77, north of Wakefield, Kansas

(iv) Main Post, Building 318 Salt Barn (Sand only)

H.13.3.1.The following information shall be provided by email to Mrs. Janie Anderson.

Janie.t.anderson.civ@mail.mil;

a. Bill of Lading and rock weight ticket, clearly bearing shipper and carrier names

b. Identification of company name and identifying numbers present on truck and trailer, and license plate numbers of each

H.13.3.2.. Drivers shall be prepared to provide a driver’s license, proof of insurance, and all training which pertain to hauling equipment at delivery to Fort Riley. Before the truck is permitted to unload, driver shall have appropriate Personal Protective Equipment (PPE).

H.13.3.3.. Contractor shall be responsible to ensure that appropriate PPE is provided to drivers and it meets OSHA safety requirements.

H.13.3.4.. The Contractor shall be responsible for providing its own equipment on site for removal of product from vehicles, and that all OSHA safety requirements are followed when transporting loose gravel and sand.

H.14. Safety Plan:

OSHA standards in 29 CFR 1910 and 1926 apply to the work within the scope of this Contract.

The OSHA standards are available at www.osha.gov .

H.15. Required Insurance:. Reference FAR Clause 52.228-5 entitled, Insurance--Work on a

Government Installation.

mailto:Janie.t.anderson.civ@mail.mil http://www.osha.gov/

Before commencing on-site operations (or within 10 days of award or receipt of notice to proceed), the Contractor shall provide the Contracting Officer evidence (i.e. Certificate Of

Liability Insurance) of the following minimum insurance coverage as required by FAR 28.307-2

Liability.

Statutory worker's compensation and employer's liability insurance (as applicable):

$100,000 or as prescribed by The State of Kansas, whichever is greater.

General liability – At minimum, bodily injury liability insurance in the amount of

$500,000 per occurrence.

Automobile liability (comprehensive): At a minimum, $200,000 per person and

$500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

Bodily injury liability and property damage liability shall cover the operation of all automobiles, trucks, vehicles and other mobile equipment used in connection with the performance of the contract. Insurance coverage shall be maintained continuously throughout the entire contract performance period, including any exercised options. All subcontracts shall provide the same coverage under the same terms. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request. All policies shall contain an endorsement stating that any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the insurer or the Contractor provides written notice of the cancellation or change in coverage to the Contracting Officer at least 30 days prior to the cancellation/change taking affect, signed by the Contractor’s insurance carrier. When the coverage is provided by self-insurance, the contractor shall not change or decrease the coverage without the Contracting Officer's prior approval in accordance with FAR 28.308(c).

H.16. Compliance with Immigration Laws: The Contractor shall warrant that, in the performance of its obligation under this Agreement, that all goods and/or services to be furnished hereunder will be manufactured and/or furnished by the Contractor and/or its subcontractors in compliance with all applicable Federal, state and local laws, executive orders, rules and regulations. These include, but are not limited to, the immigration laws of the United States.

Contractor’s employees shall be citizens of the United States, or shall be resident aliens with appropriate permissions and documentation to work in the United States.

The Contractor shall indemnify and hold the Government harmless to the full extent of any loss, damage, or expense incurred by the Government resulting from violation by the Contractor or its lower tier subcontractors of any federal, state, or local law or regulation.

Delay resulting from violation will not be considered excusable delay as provided for elsewhere in this agreement. Delay resulting from violation shall not relieve the Contractor from their responsibility to deliver as agreed to. Corrective actions shall not result in additional cost to the

Government. Where correction of goods or services will not satisfy the Government requirement, consideration shall be provided to the Government.

H.17. Pollution Prevention Act Clause, Fort Riley Local, 15 December 2005: Contractors must comply with Public law 101-508, 5 November 1990 (PPA pf 1990) and the Fort Riley, Environmental Management Plan (EMP). Compliance with the PPA and EMP requires the following of Contractors to:

H.17.1. Prevent or reduce pollution at the source whenever feasible (i.e., limit quantity and toxicity of material(s) used).

H.17.2. Recycle in an environmentally safe manner, whenever feasible (e.g., filtration and reuse of solvents, recycle antifreeze and oil etc.). Contractors may present a company letter or recycle records to satisfy requirement.

H.17.3. Comply with the Fort Riley Environmental Management Plan (EMP) and other site-specific plans regarding recycling of materials and handling of wastes.

H.17.4. Coordinate the sampling of wastes generated on Fort Riley by contacting the Hazardous

Waste Program Coordinator at least 60 days prior to the anticipated turn-in date to the Defense

Reutilization and Marketing Office (DRMO) or transporting the waste off Fort Riley.

H.17.5. Ensure proper disposal of wastes generated on Fort Riley that otherwise cannot be reused, recycled, or treated in accordance with applicable laws and regulations.

(i) Long-term contractors, and short-term contractors, generating 550 gallons or less of controlled materials and industrial, universal, or hazardous waste per quarter, must turn in their controlled materials and waste to DRMO according to the guidelines contained in the

EMP. Turn-in document numbers can be obtained from the directorate responsible for the contract.

(ii) Short-term contractors, generating more than 550 gallons of controlled and industrial, universal, or hazardous waste per quarter, must arrange for disposal off-site in accordance with applicable laws and regulations. The Environmental Division, Hazardous Waste

Program Coordinator must approve and sign profile sheets, manifests, and land disposal restriction notifications. The contractor must obtain any special disposal permits.

H.17.6. Obtain approval from the Environmental Division’s Solid Waste Program Coordinator prior to disposing construction-related waste in Fort Riley’s Construction/Demolition Debris C/D

Landfill must be disposed as industrial waste.

H.17.7. Dispose of Wastes that cannot be reused, recycled, or treated in accordance with all applicable laws and regulations.

Section I - Contract Clauses

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986

52.216-24 Limitation Of Government Liability APR 1984

52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-10 Waste Reduction Program MAY 2011

52.225-1 Buy American--Supplies MAY 2014

52.227-1 Authorization and Consent DEC 2007

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.232-1 Payments APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-11 Extras APR 1984

52.232-18 Availability Of Funds APR 1984

52.232-23 Assignment Of Claims MAY 2014

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-1 Disputes MAY 2014

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes--Fixed Price AUG 1987

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

52.246-16 Responsibility For Supplies APR 1984

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7004 Display of Hotline Posters OCT 2016

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.227-7000 Non-estoppel OCT 1966

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports.

FEB 2016

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.247-7023 Transportation of Supplies by Sea APR 2014

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of Contracting Officer and shall not be binding until so approved.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

XXX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

XXX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

XXX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

XXX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41

U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014)

(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

XXX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

XXX (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Nov 2016) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

XXX (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

XXX (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XXX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XXX(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

XXX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XXX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

XXX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

XXX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

XXX (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

XXX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

XXX (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

22.1803.)

____ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal

Register advising the public of the termination of the injunction.

____ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(June, 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and

13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

XXX (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

XXX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

XXX (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter

83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XXX (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

____ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XXX (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31

U.S.C. 3332).

____ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July

2013) (31 U.S.C. 3332).

____ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

____ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

XXX(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

_____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

XXX (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple

Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY

2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

XXX(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

_____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items.