Upgrade Range Sol.doc

Section 00010 - Solicitation Contract Form

SECTION 00010

TABLE OF CONTENTS/NOTES

SOLICITATION, OFFER, AND AWARD SF 1442 and SF 1442 BACK

SECTION 00010 - BID SCHEDULE, NOTES

SECTION 00100 - INSTRUCTIONS, CONDITIONS AND NOTICE TO OFFERORS

SECTION 00600 - REPRESENTATIONS AND CERTIFICIATIONS*

SECTION 00700 - CONTRACT CLAUSES

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

*Note that as of 1 January 2005, offerors are now required to use Online Representations and Certifications (ORCA) and to update them annually. The website for ORCA is http://orca.bpn.gov. This is in addition to filling in the Representations and Certifications in Section 00600.

SECTION 00010

NOTES

1. A complete bid package must contain the following: Offer, Standard Form (SF) 1442, Section 00010 Line Items and Section 00600, Representations and Certifications, completed in their entirety. Bid Guarantee is Required. In addition, the offeror must have entered current and complete data within the past year in Online Representations and Certifications (ORCA), is http://orca.bpn.gov. When completing the “Offeror” portion of the SF 1442 (Blocks 14 – 20), an official having the authority to contractually bind the company must sign the SF 1442 in accordance with FAR 4.102. One copy of the SF1442 is required to have an original signature. All amendments to the solicitation must be acknowledged. Mark the front of the envelope with the following “BID No. W912JC-09-B-0001”, and the Name and Address of Bidder. See Block 13A of SF 1442 for required number of copies.

2. All questions and requests for information regarding this Invitation For Bids (IFB) must be received NOT LATER THAN 24 Feb 09 in writing, in order to minimize the need to extend the bid opening date. Questions may be emailed to linda.j.criss@us.army.mil. See Section 00100 for more information.

3. Offeror’s attention is invited to the insurance requirement contained in this solicitation (Contract Clause FAR 52.228-5). Certification of the required coverage for the prime contractor shall be furnished prior to beginning work on this contract, and the Contracting Officer may request evidence of the required insurance at any time during the life the contract.

4. Solicitations issued with a DRAFT WATERMARK on the SF 1442 and SF 1442 Back Page will be replaced with NON DRAFT WATERMARK forms by amendment prior to closing date.

5. Reference Contract Clause 252.236-7008, CONTRACT PRICES – BIDDING SCHEDULES (DEC 1991). The prices shown in the Bidding Schedule must reflect ALL costs involved in performing the work, as described in the plans and specifications.

6. The term “Bidding Schedule” shall also be construed to mean “Offer Schedule” or “Schedule”. The terms “bid” and “offer”, and “bidder” and “offeror” shall be construed as having the same meaning in this solicitation and resulting contract.

7. All information relating to this IFB, including pertinent changes/amendments and information will be posted on web site: www.fbo.govt. For security reasons, all potential offerors, plan rooms and printing companies are required to register in the Central Contractor Registration (CCR), http://www.ccr.gov, and the FEDERAL BUSINESS OPPORTUNITIES, http://www.FBO.gov (FORMALLY WWW.FEDTEDS.GOV in order to view or download the plans or drawings from the web site. A link to this site can be found under Plans at the solicitation website.

8. Facsimile transmission of bid is not authorized.

9. Offerors’ attention is directed to the specification requirements for Permits. The contractor will be responsible for obtaining all required permits. Work for which the permit is required cannot be accomplished until a valid permit is issued and submitted to the contracting officer.

10. In accordance with FAR 52.219-9 Alt. 1 (see Section 00700), the apparent low bidder will be required to submit a small business subcontracting plan prior to award, if it is a large business.

11. Davis Bacon Act and applicable labor laws apply to this federal contract. General Wage Decision

KS080009 dated 12/26/2008 is applicable. All bidders are advised to ensure that the most recent decision be applied for labor cost under this solicitation. The most recent determination will be used during the contract performance period after award.

12. Significant Liquidated Damages (see FAR Clause 52.211-12) apply for exceeding the 365 calendar day contract performance period. Offeror’s attention is directed to the performance period requirements in the specifications.

End of Section 00010

Operations Building

FFP

FOB: Destination

NET AMT

New Range Target Building

NET AMT

Extension to Building 4002

NET AMT

Generator Shed

NET AMT

Main Gate at Main Entrance

NET AMT

DEMO of Bldgs 4001,4004,4006,&6011

NET AMT

New SAM Storage Bldg

NET AMT

New Range Residue Bldg

NET AMT

New Fueling Complex

NET AMT

ABI 0001

Ceramic Paver Tile with Cove Base in Lieu of VCT w/Resilient Base.

NET AMT

ABI 0002

Vinyl Wallcovering in Lieu of Paint

NET AMT

ABI 0003

Architectual Specialties Markerboards, Tackboards, Projector Mounts, TV Mounts and Projection Screens

NET AMT

ABI 0004

Horizontal Louver Blinds and Roller Shades

NET AMT

ABI 0005

Signage

NET AMT

ABI 0006

MRS 2.2 - Construction Waste Management - 75%

NET AMT

ABI 0007

Masonry Monument Signage at Entry Gate

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

Section 00100 - Bidding Schedule/Instructions to Bidders

SECTION 00100

Section 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1.0 INTRODUCTION

SCOPE:

You are invited to submit a BID in response to our Invitation for Bid (IFB) entitled project number VUBV059124, for CONSTRUCTION OF UPGRADE RANGE COMPLEX, SMOKY HILL RANGE, SALINA, KS in accordance with plans and specifications, Smoky Hill Range, Salina, KS. As a result of this solicitation, the Government intends to award a Firm Fixed Price (FFP) contract resulting from this solicitation to the responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Government, considering only price. In accordance with the Competitiveness Demonstration Program Award will be UNRESTRICTED.

1.2 NOTICE OF PRE-BID CONFERENCE AND SITE VISIT:

1.2.1. A pre-bid conference will be conducted on Friday, February 6, 2009 at 9:00 A.M. local time at the Smoky Hill Range, Bldg 6001, Salina, KS for the purpose of briefing on the bid requirements, answering questions regarding this solicitation, and conducting a site visit. All interested offerors and their major subcontractors are encouraged to attend the pre-bid conference and site visit.

1.2.2. Due to security conditions, all offerors must register to attend this conference and site visit. Email the following information for all attendees to Linda Criss linda.j.criss@us.army.mil and Brent Greschwentner.crt@ang.af.mil no later than 2:00 P.M. local time on 5 Feb 2009.

Firm Name and Telephone Number

Visitor’s Name and Social Security No.

Drivers License

Citizenship

1.2.2.1 This information must be provided in advance in order to ensure access to the military base and conference site and ensure adequate seating the conference attendees. The furnishing of the above information is voluntary; however your failure to furnish all or part of the requested information may result in the Government’s denial of your access to the pre-bid conference. This information will be provided to the Base Security Forces who will authorize your entrance to the Smoky Hill Range, Salina, KS. Visitors must pick up their passes at the Installations Main Entry Gate prior to arrival. To obtain a one day vehicle pass, you will be required to present the following information: (1) Vehicle Registration, (2) Valid Drivers License, (3) Proof of Insurance for Vehicle, (4) Safety he conference attendees. None of the above information furnished by you and protected under the Privacy Act shall be released unless permitted by law and/or you have consented to such.

1.2.3 Bidders are requested to submit ALL questions on Exhibit A for the conference via e-mail to Linda Criss at linda.j.criss@us.army.mil or by fax to 785 274-1642 by February 24, 2009. Information provided at this conference shall not quality the terms and conditions of this solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

1.2.4 A record of the conference shall be made and furnished to all prospective offerors via posting to our web site at www.fbo.gov. The record will include minutes of the meeting, including questions (on a non-attribution basis) and answers.

1.3. CLAUSES:

1.3.1 Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

1.3.2 Clauses and provisions in this document may not appear in consecutive order.

1.4. REMOVAL OF SECTIONS AT TIME OF AWARD:

Section 00100 and 00600 will be physically removed as a result of an award, but will be deemed to be incorporated by reference in that award.

1.5. DISPOSITION OF UNSUCCESSFUL BIDS:

In compliance with FAR Subpart 4.8, the Government will retain one copy of all unsuccessful bids. The Government will destroy extra copies of the unsuccessful bids. No destruction certificate will be provided.

1.6. FORMAL COMMUNCATION, OFFEROR EXPLANATIONS:

1.6.1 Any explanation desired by a bidder regarding the meaning of interpretation of the solicitation, drawings, specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach bidders before the submission of the bid. All questions and requests for information (RFI) must be received NO LATER THAN February 24, 2009 and will be posted not later than February 25, 2009. Any interpretations made will be the form of an amendment of the solicitation, drawings, specifications, etc, and will be furnished to all prospective offertory via posting to our web site at www.fbo.gov. Receipt by the bidder must be acknowledged in the space provided on the SF 1442, or by returning a signed copy of the amendment by the time set for bid opening. Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding. Questions (on a non-attribution basis) and answers shall be furnished to all prospective offerors via the web site. For security reasons, all potential offerors, plan rooms and printing companies are required to register in the Central Contractor Registration (CCR), http://www.ccr.gov/ and www.fbo.gov in order to view or download the plans or drawings from the web site. A link to this site can be found under plans at the solicitation website.

1.6.2 Questions and requests for clarification and information concerning this solicitation must be submitted in writing, electronic mail or by facsimile (electronic mail is preferred) to the contracting office at the address below:

1.7. AMENDMENTS PRIOR TO DATE SET FOR OPENING OF BIDS: The right is reserved, as the interest of the Government may require, to revise or amend, the solicitation, specifications or drawings prior to and/or after the date set for opening of bids, as necessary. Such changes, if any, will be announced by an amendment or amendments to this Invitation for Bids. All information relating to this IFB including pertinent changes/amendments and other information applicable prior to the date set for receipt of bids will be posted on the following website www.fbo.gov. Though every effort will be made to provide email notification when a change is posted such notification is NOT guaranteed and should not be expected. Offerors are strongly cautioned to check this site frequently and to “refresh” their web page to ensure they have the lasted information.

1.8. HAND CARRIED BIDS/INVITATIONS:

A bid repository is provided for hand carried bids and is located at USPFO for Kansas, Purchasing & Contracting, 2737 S. Kansas Ave, Topeka, KS 66611. Hand carried bids must be deposited in the repository prior to the time established for opening of bids. Bidders are cautioned that they will be required to produce identification at the security gate to enter the facility and should allow time to accomplish this. Late receipt of bids due to base entry delays may not be deemed excusable and the Contracting Officer may declare the bid “late” in accordance with FAR 14.304.

1.9. WAGE DETERMINATION

Davis Bacon Wage Rates are applicable to the prototypical project. The current prevailing wage determination information, current at time of issuance of solicitation is KS20082009, dated 12/26/2008. In the event the current prevailing Wage Determination is changed by the Department of Labor to 10days before bid opening, the updated Wage Determination is hereby considered incorporated. No amendment will be issued. Applicable wage rates can be found at http://www.access.gpo.davisbacon/ks.html. Bidders are cautioned that they should download and maintain a copy of the wage decision, as current revisions will NOT be available from this website or from DOL, once modified.

1.10. BID PREPARATION EXPENSES AND PRE-CONTRACT COSTS:

This IFB does not commit the Government to pay costs incurred in preparation and submission of initial and subsequent proposals or for other costs incurred prior to award of a formal contract.

1.11. INFORMATION REGARDING AVAILABILITY OF UTILITY SERVICES:

It has been determined that all reasonable amounts of electricity and water, where/if physically available, used in connection with this project will be furnished to contractor without cost. The bidder shall take this into consideration when computing its bid. (FAR Clause No. 52.236-14, Availability and Use of Utility Services.)

Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

END OF SECTION 00100

CLAUSES INCORPORATED BY REFERENCE

52.211-6

Brand Name or Equal

Aug 1999

52.214-3

Amendments To Invitations for Bids

Dec 1989

52-214-4

False Statement in Bids

Apr 1984

52.214-5

Submission of Bids

Mar 1997

52.214-6

Explanation To Prospective Bidders

Apr 1984

52.214-7

Late Submissions, Modifications, and Withdrawals of Bids Nov 1999

52.214-34

Submission of Offers in the English Language

Apr 1991

52.214-35

Submission of Offers In U.S. Currency

Apr 1991

252.232-7003 Electronic Submission of Payment Requests & Receiving Mar 2008

Reports

232.232-7010 Levies on Contract Payments

Dec 2006

52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within 60 calendar days (60 calendar days unless a different period is inserted by the bidder) from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

(End of clause)

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM FIXED PRICED contract resulting from this solicitation.

(End of provision)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JUL 2005)

(a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer.

These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns.

(e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the HUBZone small business participant or participants.

(f) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

(End of clause)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Smoky Hill Range, Salina, KS.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Mr. Adam Villalobos

USPFO for Kansas – Contracting Officer

2737 S. Kansas Avenue

Topeka, KS 66611

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled – Immediately after prebid conference, Smoky Hill Range, Salina, KS on February 6, 2009 at 9:00 A.M.

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/VFFARA.HTM or WWW.ARNET.GOV/FAR (End of provision)

252.211-7002 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS, DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS (DEC. 1991)

The specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation are not available for distribution but may be examined at the following location:

https://www.fbo.gov refer to IFB Solicitation No. W912JC-09-B-0001

(End of provision)

252.236-7007 Additive or Deductive Items.

As prescribed in 236.570(b)(5), use the following provision:

ADDITIVE OR DEDUCTIVE ITEMS (DEC 1991)

(a) The low offeror and the items to be awarded shall be determined as follows—

(1) Prior to the opening of bids, the Government will determine the amount of funds available for the project.

(2) The low offeror shall be the Offeror that—

(i) Is otherwise eligible for award; and

(ii) Offers the lowest aggregate amount for the first or base bid item, plus or minus (in the order stated in the list of priorities in the bid schedule) those additive or deductive items that provide the most features within the funds determined available.

(3) The Contracting Officer shall evaluate all bids on the basis of the same additive or deductive items.

(i) If adding another item from the bid schedule list of priorities would make the award exceed the available funds for all offerors, the Contracting Officer will skip that item and go to the next item from the bid schedule of priorities; and

(ii) Add that next item if an award may be made that includes that item and is within the available funds.

(b) The Contracting Officer will use the list of priorities in the bid schedule only to determine the low offeror. After determining the low offeror, an award may be made on any combination of items if—

(1) It is in the best interest of the Government;

(2) Funds are available at the time of award; and

(3) The low offeror's price for the combination to be awarded is less than the price offered by any other responsive, responsible offeror.

(c) Example. The amount available is $100,000. Offeror A's base bid and four additives (in the order stated in the list of priorities in the bid Schedule) are $85,000, $10,000, $8,000, $6,000, and $4,000. Offeror B's base bid and four additives are $80,000, $16,000, $9,000, $7,000, and $4,000. Offeror A is the low offeror. The aggregate amount of offeror A's bid for purposes of award would be $99,000, which includes a base bid plus the first and fourth additives. The second and third additives were skipped because each of them would cause the aggregate bid to exceed $100,000.

(End of Clause)

Section 00600 - Representations & Certifications

SECTION 0600

Section 00600 - Representations & Certifications

CLAUSES INCORPORATED BY REFERENCE

INSTRUCTIONS

Representations & Certifications: Offeror must complete application at http://orca.bpn.gov.

CLAUSES INCORPORATED BY REFERENCE

52.211-13 Time Extensions

SEP 2000

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236210.

(2) The small business size standard is $31,000,000.00

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (c) applies.

[ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of provision)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JUL 2005)

(a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(iii) Otherwise successful offers of eligible products under the Trade Agreements Act when the dollar threshold for application of the Act is exceeded (see 25.402 of the Federal Acquisition Regulation (FAR)); and

(iv) Otherwise successful offers where application of the factor would be inconsistent with a Memorandum of Understanding or other international agreement with a foreign government.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer.

These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a non-manufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns.

(e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the HUBZone small business participant or participants.

(f) A HUBZone small business concern non-manufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

(End of clause)

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it:

____ (1) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

____ (2) Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

(End of provision)

SUPPLEMENTAL INFORMATION- OFFEROR COMPLETE AND RETURN WITH PROPOSAL

Provide the following information and submit in Volume 1 of your proposal

Offeror Name

Complete Address

Point of Contact

Email address(s)

Phone Number

Fax Number

Cage Code

DUNS Number

TAX ID

Business Size- Include all that are applicable- explanations/definitions of these can be found in the representations and certifications located at http://orca.bpn.gov. The ORCA site contains an ORCA Application Handbook and an ORCA Quick Reference Guide. To access them, simply click on the "Help" link at the top of the ORCA homepage. Ensure your Central Contractor Registration (CCR) information is up-to-date. Complete annual Representations and Certification on line at http://orca.bpn.gov if you have not already done so.

Information provided below will be used to verify your certifications.

Check all that are applicable

(End of Provision)

Section 00700 - Contract Clauses

SECTION 0700

Section 00700 Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of The Local State Judge Advocate for the Kansas National guard and shall not be binding until so approved.

(End of clause)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceeds, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 calendar days from notice to proceeds. The stated for completion shall include final cleanup of the premises.

The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date for the MATOC award and each subsequent task order.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of a one-time fixed fee of $660.00 plus $590.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)

(a) The Contractor shall notify the Contracting Officer of designee, in writing, 10* days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the code of Federal Regulations, in effect on the date on this contract, or (2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 micro curies per gram or the activity per item equals or exceeds 0.01 micro curies. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items of notice as to the hazards involved (OMB No. 9000-0107).

*The Contracting Officer shall insert the number of days required in advance of delivery of the item or completion of the servicing to assure that required licenses are obtained and appropriate personnel are notified of institute any necessary safety and health precautions. (See FAR 23.601(d).

(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waives the notice requirement in paragraph (a) of this clause. Any such request shall --

(1) Be submitted in writing:

(2) State that the quantities of activity, characteristics, and composition of the radioactive material have not changed.

(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.

(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 micro curies per gram or activity per item equals or exceeds 0.01 micro curies, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract.

(d) This clause, including this paragraph (d), shall insert in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause.

(End of clause)

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 15 (Fifteen) percent (15%) of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by (see specifications and drawings).

(b) Weather conditions ……….. (See Section 00800, Time Extensions for unusually severe weather).

(c) Transportation facilities . ………..(NA)

(d) . . . . . . . . . . (N/A).

(End of clause) Section 00800 - Special Contract Requirements

SECTION 0800

Section 00800 - Special Contract Requirements

SECTION 00800

1.

INSURANCE - MINIMUM AMOUNTS

a.

Reference Contract Clause titled, "Insurance -Work on a Government Installation (FAR 52.228-5. Kinds and minimum amounts are as follows:

KIND

AMOUNTS (FAR 28.307-2)

Workmen's Compensation $100,000 (1)

Comprehensive General Liability $500,000 per occurrence for bodily injury

Comprehensive Automobile Liability $200,000 per person and $500,000 per accident for bodily injury and $20,000 for property damage

(If applicable) $200,000 per person and $500,000 per occurrence

Aircraft Public and Passenger for bodily injury, other than passenger

Liability liability and $200,000 per occurrence for property damage, coverage for passenger liability bodily…