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					    SOLICITATION, OFFER,                 1. SOLICITATION NO.                 2. TYPE OF SOLICITATION          3. DATE ISSUED                PAGE OF PAGES
        AND AWARD                                                                  SEALED BID    (IFB)        01-Sep-2011
                                          W91247-11-R-0013                                                                                         1 OF   56
 (Construction, Alteration, or Repair)                                         X NEGOTIATED (RFP)

IMPORTANT - The "offer" section on the reverse m ust be fully com pleted by offeror.

4. CONTRACT NO.                               5. REQUISITION/PURCHASE REQUEST NO.                               6. PROJECT NO.



7. ISSUED BY                           CODE     W91247                             8. ADDRESS OFFER TO         (If Other Than Item 7) CODE
MICC CENTER FORT BRAGG
2175 REILLY ROAD STOP A 910-643-7347
FORT BRAGG NC 28310-5000
                                                                                       See Item 7



TEL: 910-643-7347                        FAX: 910-396-7872                           TEL:                                     FAX:
9. FOR INFORMATION              A. NAME                                                     B. TELEPHONE NO.      (Include area code)        (NO COLLECT CALLS)
CALL:                           LINDA.MCLEAN                                                910-394-8002

                                                                          SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS                                      (Title, identifying no., date):



 1) Technical Exhibit (TE) A - Multiple Aw ard Task Order Contract (MATOC) Indefinite-Delivery Indefinite-Quantity (IDIQ) Statement of Work
  (SOW). Please note that the MATOC IDIQ SOW included at TE A is a general SOW. Work w ill be further defined in individual task orders.

 2) PERFORMANCE AND PAYMENT BONDS AND ALTERNATIVE PAYMENT PROTECTIONS
 FOR CONSTRUCTION CONTRACTS

 a. Performance and payment bonds shall be required, and the penal sum established, by each Task Order.

 b. Payment Bond: (a) If an individual Task Order is priced at $30,000 or greater, penal sum shall be one hundred percent (100%) of order price.

 c. Performance Bond: The penal sum of each Performance Bond shall equal one hundred percent (100%) of the price of each Task Order
  exceeding $100,000 placed hereunder.

 d. Bonds and other payment protections shall be provided w ithin 10 calendar days of aw ard of a Task Order.

 e. Notice to Proceed w ill not be issued until the Contractor provides sufficient bonding to cover the w ork being performed.

 f. Reference Contract Clause 52.228-15, Performance and Payment Bonds. Applicability w ill be defined in individual Task Orders.



11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving
    aw ard, X notice to proceed. This performance period is        X mandatory,          negotiable.           52-211-10
                                                                                                         (See _________________________ .)
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?                                          12B. CALENDAR DAYS
(If "YES," indicate within how many calendar days after award in Item 12B.)
        X YES         NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:
                                    5                                                                                          03:00 PM
A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specified in Item 8 by ___________ (hour)
                03 Oct 2011
   local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers
   shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is,          is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
                                120
D. Offers providing less than _______ calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

NSN 7540-01-155-3212                                                    1442-101                                        STANDARD FORM 1442 (REV. 4-85)
                                                                                                                        Prescribed by GSA
                                                                                                                        FAR (48 CFR) 53.236-1(e)
                                                          SOLICITATION, OFFER, AND AWARD (Continued)
                                                                           (Construction, Alteration, or Repair)
                                                                               OFFER (M ust be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR                         (Include ZIP Code)                 15. TELEPHONE NO.          (Include area code)

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


                                                                                           See Item 14


CODE                                   FACILITY CODE


17. The offeror agrees to perform the w ork required at the prices specified below in strict accordance w ith the terms of this solicitation, if this offer is
accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.        (Insert any number equal to or greater than
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)


AMOUNTS               SEE SCHEDULE OF PRICES


18. The offeror agrees to furnish any required performance and payment bonds.
                                                                        19. ACKNOWLEDGMENT OF AMENDMENTS
                                            (The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)


AMENDMENT NO.

      DATE

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

                                                                   AWARD (To be completed by Government)
21. ITEMS ACCEPTED:



22. AMOUNT                               23. ACCOUNTING AND APPROPRIATION DATA


24. SUBMIT INVOICES TO ADDRESS SHOWN IN                                             ITEM       25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
(4 copies unless otherwise specified)                                                                10 U.S.C. 2304(c)                         41 U.S.C. 253(c)

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




                                              CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
    28. NEGOTIATED AGREEMENT                    (Contractor is required to sign this                 29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.)         Contractor agrees               Y our of f er on this solicitation, is hereby accepted as to the items listed. This award con-
to f urnish and deliv er all items or perf orm all work, requisitions identif ied              summates the contract, which consists of (a) the Gov ernment solicitation and
on this f orm and any continuation sheets f or the consideration stated in this                y our of f er, and (b) this contract award. No f urther contractual document is
contract. The rights and obligations of the parties to this contract shall be                  necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses,
representations, certif ications, and specif ications or incorporated by ref er-
ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED                                        31A. NAME OF CONTRACTING OFFICER                       (Type or print)
TO SIGN (Type or print)

                                                                                              TEL:                                    EMAIL:
30B. SIGNATURE                                         30C. DATE
                                                                                              31B. UNITED STATES OF AMERICA                                     31C. AWARD DATE
                                                                                               BY

NSN 7540-01-155-3212                                                                                                          STANDARD FORM 1442 BACK                     (REV. 4-85)
                                                                                             W91247-11-R-0013

                                                                                                     Page 3 of 56

Section 00010 - Solicitation Contract Form



                                             TABLE OF CONTENTS

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

SECTION 00010             SOLICITATION CONTRACT FORM

SECTION 00100             BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

SECTION 00120             EVALUATION FACTORS FOR AWARD

SECTION 00600             REPRESENTATIONS & CERTIFICATIONS

SECTION 00700             CONTRACT CLAUSES

SECTION 00800             SPECIAL CONTRACT REQUIREMENTS



                              LIST OF TECHNICAL EXHIBITS/ATTACHMENTS

TECHNICAL EXHIBIT A                          STATEMENT OF WORK (FOR MATOC IDIQ)

TECHNICAL EXHIBIT B                          SEED PROJECT (for the the SOW, drawing, specifications, etc., please
                                             go to the following link to upload):
                                             https://www.benning.army.mil/tenant/micc/CTT.html
                                             Seed Project documents titled: "Techical Exhibit B: W91247-11-R-
                                             0013 Seed Project"


ATTACHMENT 1                                 PAST PERFORMANCE RISK ASSESSMENT SURVEY

ATTACHMENT 2                                 PRICE SCHEDULE (SEED PROJECT)
                                                                                                    W91247-11-R-0013

                                                                                                          Page 4 of 56


a. Request for Proposal (RFP) for MATOC for Design-build and Design-bid build projects at facilities located at
Fort Benning, Georgia, the Army Ranger Facility at Camp Frank D. Merrill, Dahlonega, Georgia, Camp James E.
Rudder at Eglin Air Force Base and the Directorate of Family Moral, Welfare and Recreation (DFMWR) Recreation
Center in Destin, Florida.

b. The guaranteed minimum for each awarded MATOC is $5,000.00. A task order will be separately issued to each
MATOC awardee to satisfy this guaranteed minimum.

c. This acquisition is reserved for Small Business competition; restricted to Small Disadvantaged Business (SDB),
HUBZone, and Service Disabled Veterans Owned-Small Business (SDVOSB) concerns.

d. The assigned NAICS Code is 236220 ―Commercial and Institutional Building Construction‖ with a small
business sized standard of $33.5 million.

e. The number of contracts that may be awarded as a result this solicitation is anticipated to be (10).

f. The estimated magnitude of construction projects for each individual task order is between $25,000 and
$10,000,000. The estimate include the price prange as described in FAR 36.204(b) through (g).

g. The estimated magnitude of the Sample Seed Project will be between $500,000 and $1,000,000.

h. Performance and Payment Bond is required and shall be provided for the Seed Project (See FAR 52.228-1).


NOTE: Blocks 11, 12A, 12B, and 13B of Standard Form 1442 will be negotiated for each individual Task Order.
                                                                                                  W91247-11-R-0013

                                                                                                        Page 5 of 56




       NOTE 1: THE RESULTANT CONTRACT WILL BE AN INDEFINITE-DELIVERY INDEFINITE-QUANTITY
       (IDIQ) MULTIPLE AWARD TASK ORDER CONTRACT (MATOC) FOR CONSTRUCTION.

       NOTE 2: THE MAXIMUM VALUE OF THE IDIQ MATOC IS APPLICABLE ACROSS ALL AWARDS FOR
       THE ENTIRE ORDERING PERIOD.




ITEM NO     SUPPLIES/SERVICES                MAX             UNIT            UNIT PRICE                   MAX AMOUNT
                                         QUANTITY
0001                                      175,000,000         Each
            MATOC Construction - Ft Benning
            FFP
            The Contractor shall provide (as specified in each Task Order under the resulting
            contract) all labor, equipment, materials and supervision necessary to perform a
            broad range of design-bid-build and design-build projects for alterations, repairs,
            and maintenance of real property facilities located at Fort Benning, Georgia, the
            Army Ranger Facility at Camp Frank D. Merrill, Dahlonega, Georgia, Camp
            James E. Rudder at Eglin Air Force Base and the Directorate of Family Moral,
            Welfare and Recreation (DFMWR) Recreation Center in Destin, Florida. Work
            shall be performed in accordance with the terms and conditions of the resulting
            contract, Statement of Work, Scope of Work, and Specifications and Drawings as
            required in any resulting individual Task Order. Work shall be performed in
            accordance with the IDIQ Contract and resulting Task Order, to include Design
            Criteria, Statement of Work, Specifications and Drawings.
            Program Value at $150 million with a maximum Program Ceiling of $175 million.

            Ordering Period: 1 January 2012 through 31 December 2016
            FOB: Destination




                                                                              MAX
                                                                           NET AMT
                                                                                                     W91247-11-R-0013

                                                                                                             Page 6 of 56

Section 00100 - Bidding Schedule/Instructions to Bidders


1. GENERAL INSTRUCTIONS

a. The selection of a source for award purposes will be conducted utilizing source selection (negotiated) procedures
as delineated in Federal Acquisition Regulation FAR Part 15, Contracting by Negotiation. Offers will be evaluated
using the criteria under Section 00120, ―Evaluation Factors for Award.‖ Noncompliance with the Request for
Proposal (RFP) requirements may hamper the Government's ability to properly evaluate the proposal and may result
in elimination of the proposal from further consideration for Contract award.

          b. The Offer. The submission of the documentation specified below will constitute the offeror's acceptance
of the terms and conditions of the RFP, concurrence with the Statement of Work, and the proposed Contract type.

         c. It is the Government’s intention to award without discussions. Offerors are encouraged to present their
best technical, past performance, and price proposal in their initial proposal submission. However, in accordance
with FAR Part 15.306, should discussions become necessary, the Government reserves the right to hold them. If this
occurs, a competitive range will be determined and offerors notified. The competitive range may be limited for
purposes of efficiency in accordance with FAR Part 15.306 (c)(2).

         d. These instructions prescribe the format for the proposal and describe the approach for the development
and presentation of proposal data. These instructions are designed to ensure the submission of necessary information
to provide for the understanding and comprehensive evaluation of proposals.

          e. In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy
of all unsuccessful proposals. Unless the offeror requests otherwise, the Government will destroy extra copies of
such unsuccessful proposals.

          f. If an offeror believes that the requirements in these instructions contain an error, an ambiguity, omission,
or are otherwise unsound, the offeror shall immediately notify the Contracting Officer (KO) in writing with
supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on
the initial proposal, as received, without discussion.

         g. All referenced documents for this solicitation are available on the Federal Business Opportunities
(FedBizOpps) web site at http://www.fedbizopps.gov., and https://www.benning.army.mil/tenant/micc/CTT.html
for the Seed Project documents titled: "Techical Exhibit B: W91247-11-R-0013 Seed Project".
Potential offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to
the FedBizOpps website for this solicitation.

If any necessary documents are not available on FedBizOpps, please notify Mrs. Linda McLean, Contract Specialist
(Email: linda.mclean1@us.army.mil or (910) 394-8002).

2. NOTIFICATIONS/DEBRIEFINGS

In accordance with FAR 15.503 (Notification to unsuccessful offerors), the KO will promptly notify offerors of any
decision to exclude them from the competitive range, if rendered, whereupon they may request and receive a
debriefing in accordance with FAR 15.505 (Preaward Debriefing of Offerors). The KO will notify unsuccessful
offerors in the competitive range of the source selection decision in accordance with FAR 15.506 (Postaward
Debriefing of Offerors). Upon such notification, unsuccessful offerors may request and receive a debriefing.
Offerors desiring debriefing must make their request in accordance with the requirements of FAR 15.505 or 15.506,
as applicable.

3. PROPOSAL SUBMITTAL INSTRUCTIONS
                                                                                                    W91247-11-R-0013

                                                                                                            Page 7 of 56

          a. Each offeror’s proposal shall be submitted as listed below and all information shall be confined to the
appropriate volume to facilitate independent evaluation. Proposals which do not follow these guidelines or which do
not include the requested minimum information may be eliminated from further consideration for award. The
original hard copies of the proposal shall consist of all three (3) volumes (Volumes I through III) in a single binder.
Hard copies of the proposal shall be physically separately tabbed as listed below:

                VOLUME                         TITLE                   ORIGINAL               NO. HARD
                                                                      HARD COPIES              COPIES
                       I         RFP Documents                                                    1
                      II         Technical Proposal                           1                   5
                     III         Past Performance Proposal                                        5


         b. Proposal Submission. The proposal shall be submitted in volumes as delineated above. In addition to
the hard copy submission, offerors shall submit one set on CD- ROM using MS Word 2007 format for Volumes II,
and III and a separate CD-ROM disc utilizing MS Word 2007 and MS Excel 2007 format for Volume I. All
originals and all copies shall be provided no later than the date and time set for receipt of proposals. Proposals shall
be submitted prior to the closing date and time identified on Standard Form (SF) 1442, to the following address:

    Via US Mail:                                                 Express Courier or Hand Carried:
    Mission Contracting Office (MCO)                             Mission Contracting Office (MCO)
    MCO – Fort Bragg                                             MCO – Fort Bragg
    ATTN: CCMI-CBR-BR (Ms. Linda A. McLean)                      ATTN: CCMI-CBR-BR (Ms. Linda A. McLean)
    2175 Reilly Road, Stop A                                     Bldg 2-1105/C Macomb Street
    Fort Bragg, NC 28310-5000                                    Fort Bragg, NC 28310-5000
                                                                 Telephone: 910-394-8002

       c. Electronic submissions via email or fax will not be accepted. Offers shall be mailed through a
commercial/Government carrier or hand carried.

         d. The point of contact responsible for supplying additional information and answering all inquiries is the
KO via the Contract Specialist. All questions or concerns you may have regarding this solicitation shall be submitted
in writing to the Contract Specialist and KO. The Contract Specialist is Ms. Linda A. McLean Email:
linda.mclean1@us.army.mil, (910) 394-8002 and the KO is Mrs. Betty J. Parker, Email:
betty.parker1@us.army.mil, (910) 394-6914.

4. PROPOSAL FORMAT

         a. Offeror shall submit each volume of their proposal as noted above in a three-ring loose-leaf binder,
provided in the number of copies indicated. Separate sections of the binder shall be tabbed for ease of identification.
Offerors shall attach a binder cover sheet to the outer cover of each binder identifying:

         i)     volume number;
         ii)    copy number;
         iii)   request for proposal number;
         iv)    date of submission; and,
         v)     offeror’s name.

          b. All written proposals shall be prepared on standard 8.5 x 11 inch paper (charts may be landscaped) and
shall be in a size 12 font. Information printed on charts and graphs may be a smaller font; however, the information
shall be legible. All pages of each proposal shall be appropriately numbered, and be identified with the solicitation
number (W91247-11-R-0013). For ease of reference, consecutive page numbering with tabs is requested. Only
                                                                                                     W91247-11-R-0013

                                                                                                             Page 8 of 56

Volume I, RFP Documents, shall contain price information. All other proposal parts shall be void of price
information. Page limitations are as follows:


                        VOLUME                       TITLE                      PAGE LIMITS
                            I           RFP Documents                            No Limitation
                           II           Technical Proposal                            30
                          III           Past Performance Proposal                     20

          c. Offerors shall propose to satisfy the entire Statement of Work. Title page, table of contents, list of
figures, list of tables, and list of acronym definitions are not included in the stated page limitations. Copies of the
proposal volumes shall be numbered in sequence; i.e., Copy 1 of 3 Copies, etc. All proposal volumes shall be
unclassified.

        d. The offeror should apply all appropriate markings including those prescribed in accordance with FAR
52.215-1(e) ―Restriction on Disclosure and Use of Data,‖ and FAR 3.104-4 ―Disclosure, Protection, and Marking of
Contractor Bid or Proposal Information and Source Selection Information.‖

        e. Volume II – Factor 1 – Technical Proposal page limitation excludes any attached charts, graphs,
diagrams, tables, photographs, and drawings.

         f. Volume III, – Factor 2 – Past Performance Proposal page limitation excludes Performance Risk
Assessment Survey responses. NOTE: Past Performance Assessment Surveys will not be accepted by the
Government from the Offeror. All Past Performance Assessment Survey shall be returned by the point of contact
responsible for monitoring performance under such contracts, outlined in this Section.

        g. If revised proposals are requested, revised proposal instruction will be provided in the request for revised
proposals.

         h. Proposal Limitation. The proposal shall not exceed the limits stated above. If the page limits are
exceeded, the pages in excess of the limit shall be removed and returned, unread, to the offeror. Tabs will not be
included in page count limitations. The Government will not accept any changes to the Contractor’s proposal after
the closing date of the solicitation (See FAR 15.208 for further information regarding late proposals). If discussions
become necessary, page limitations may be placed on responses to Items For Negotiations (IFNs). The specified
page limits for IFN responses will be identified in the letters forwarding the IFNs to the offerors.

         i. Page Limit does not include covers for volumes, tables of contents, glossary of abbreviations and
acronyms, indices, title pages, cross reference indices, and section dividers/tables if they are inserted solely to
provide ease to the reader in locating parts/sections of the proposal. They will be counted if they contain any other
information, i.e., diagrams, extraneous data, etc. Pages marked ―This page intentionally left blank‖ will not be
counted.

          j. A page, for purposes of the RFP, is defined as one side of standard 8 1/2" x 11" paper, font size (12),
proportional spacing permissible. Use at least 1 inch margins on the top and bottom and 1inch side margins. The
Contractor shall number each page in order to eliminate any confusion. Any charts, tables, matrix, or graphs must be
clearly legible, regardless of font size. Foldouts are permissible; 11 x 17 foldouts are permissible up to 10 pages and
are excluded from page count. All pages included in the page count shall be numbered. Print both sides of paper
(head to head). Pages without information (blank pages) do not need to be numbered and shall not be reflected as
page count. Tabs will not be included in page count limitations. When both sides of a sheet display printed material,
it shall be counted as two pages. In the event Contractor creates an ambiguity in their numbering of pages, the
Government may exercise its own discretion in counting pages.
                                                                                                  W91247-11-R-0013

                                                                                                          Page 9 of 56

         k. Indexing. Each volume shall contain a more detailed table of contents to delineate the subparagraphs
within that volume. Tab indexing shall be used to identify sections.

       l. Glossary of Abbreviations and Acronyms. Each volume shall contain a glossary of all abbreviations and
acronyms used, with an explanation for each.

5. PROPOSAL CONTENT

         a. VOLUME I – RFP Documents – This volume must be clearly marked ―VOLUME I - RFP
DOCUMENTS, RFP W91247-11-R-0013.‖ Volume I shall include all final monetary extensions in whole dollars
only. Failure to follow the below Proposal preparation instructions may cause your proposal to be deemed
unacceptable by the Government. The proposal volume shall be organized as follows and contain the identified
information.

          TAB A, Standard Form 1442, Solicitation, Offer, and Award. Acknowledgment of Amendments can be
made on the face of the SF 1442 or signed copies of the amendments can be included in this Section. The SF 1442
shall be submitted fully completed. The offeror is cautioned that the SF 1442 must contain an original signature in
block 20B of the form. The Contractor shall acknowledge any amendments to the RFP in accordance with the
instructions on the SF 1442 and with Section 00100, FAR 52.215-1, Instruction to Offerors—Competitive
Acquisition. The offeror shall provide the name, title and telephone number of the company/division point of
contact regarding decisions made with respect to your proposal and who can obligate your company Contractually.
Also, identify those individuals authorized to negotiate with the Government. NOTE: Offerors do not need to
provide a price for CLIN 0001. Pricing will be provided for Seed Project only as outlined in Technical Exhibit B.

     TAB B, Price Proposal. PRICING FOR THE SEED PROJECT WILL BE EVALUATED FOR PRICE
REASONABLENESS AND MAY BE THE FIRST TASK ORDER AWARDED ON THE MATOC.

                  (i) Offerors must prepare the final proposed pricing information for the Seed Project utilizing the
         format provided at Attachment 2, Price Schedule with firm-fixed pricing (Seed Project).

                  (ii) Offerors must provide a price breakdown for the following areas: General requirements,
         Sitework, Phase I (Addition) and Phase II (Renovation) as specified in the Price Schedule, Technical
         Exhibit B.

                  (iii) Offerors must provide a summary page reflecting the final proposed price for the project
         (grand total) that includes all overhead and profit markups.

                  (iv) Performance and payment bonds will be required for the seed project, if awarded.

         TAB C, Executive Summary. Provide an executive summary that introduces the Contractor team and
proposal submission.

        TAB D, General Information. Identification of the proposal point of contact (POC), e-mail address, and
phone number; a list of the proposal package contents.

         TAB E, Exception to Terms and Conditions. The offeror shall include exceptions to terms and
conditions set forth in this solicitation, the remedy sought and the impact if the Government does not concur with the
exceptions.

         TAB F, Section 00600 (Representation and Certifications). The offeror shall ensure that Section 00600
is submitted thoroughly completed with all blocks in each certification/ representation completed truthfully and
completely.

         TAB G, Transmittal Summary Letter. A summary cover letter to the proposal should provide the
                                                                                                      W91247-11-R-0013

                                                                                                             Page 10 of 56

following: a statement indicating under which set-aside areas the offeror’s company falls and a listing of
subContractors and/or teaming partners that the offeror historically uses when involved in Contracts of this type or
magnitude.

         TAB H, Financial Statements. The offeror shall include the firm’s latest financial statements.

          b. VOLUME II – Technical Proposal – The Technical Proposal should be clearly marked ―VOLUME II
- TECHNICAL PROPOSAL, RFP W91247-11-R-0013”. The Technical Proposal shall consist of a written
narrative that is the offeror’s response/proposed solution to the Seed Project and the IDIQ Statement of Work.
Volume II shall have NO pricing information included. The Technical Proposal Volume shall be clear, concise, and
include sufficient detail for effective evaluation and for substantiating the validity of stated claims. Legibility, clarity
and coherence are very important. Your responses will be evaluated against the Technical Acceptability elements
defined in Section 00120, Evaluation Factors for Award. The proposal should not simply rephrase or restate the
Government's requirements, but rather shall provide convincing rationale to address how the offeror intends to meet
these requirements. Statements that the offeror understands, can, or will comply with the Statement of Work
(including referenced publications, technical data, etc.); statements paraphrasing the Statement of Work or parts
thereof (including applicable publications, technical data, etc.); and phrases such as ―standard procedures will be
employed‖ or ―well known techniques will be used,‖ etc., will be considered unacceptable. Offerors shall assume
that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the
information presented in the offeror's proposal. Elaborate brochures or documentation, binding, detailed art work, or
other embellishments are unnecessary and are not desired.

          TAB A: Element 1 – Concept for MATOC Seed Project Response: Offerors must thoroughly
demonstrate their capability to successfully execute the Seed Project. Site work quality, amenities, interior and
exterior finish quality, and compatibility with adjacent architecture should be considered when completing the Seed
Project. At a minimum, offerors shall provide/address the following:

         (i) Offeror shall provide a thorough list of potential and/or previously utilized sub-Contractors, joint
             venture partner(s), and suppliers and rationale behind your choice of sub-Contractors, joint venture
             partner(s), and suppliers.

         (ii) Offeror shall submit a brief narrative describing their project schedule and any recommendations/ideas
              considered in order to complete the project. Offeror should assume that they have two (2) on-going
              projects (one design-build and one design bid-build, with an estimated value between $500,000.00 to
              $1,000,000 located in same proximity of similar scope.

         (iii) Offeror shall thoroughly describe scheduling technique and project planning methodology used in
               completing the Seed Project to include approximate number of days.

         (iv) Offeror shall provide a detailed narrative thoroughly demonstrating how the project will be
              accomplished utilizing the proposed project schedule and the rationale for selecting the proposed
              project schedule.

         (v) Offerors must identify automated scheduling systems used and describe an understanding of events that
             must be considered in the schedule associated, with but not limited to,submittals, inspections and
             closeout.

         (vi) Offerors shall thoroughly describe procedures, processes and methods for managing the progress of the
              project and interacting with the Government from beginning to end.

         (vii) Offerors shall provide any assumptions and decisions made in preparation of the proposal.

     TAB B: Element 2 – MATOC Key Program Management: At a minimum, offerors shall provide/address
the following:
                                                                                                  W91247-11-R-0013

                                                                                                         Page 11 of 56


        (i) Offeror shall provide an organization chart identifying specific functions and levels of authority for
            management, design, and construction teams. The organizational chart shall thoroughly demonstrate
            the offerors capabilities to comply with the MATOC requirements.

        (ii) Offerors must provide a management plan with key management personnel and key personnel who will
             be assigned to perform the duties of managing the Contract. The Key Program Management details
             should be broad enough to address responsibility for proposal preparation, subContract management,
             surveillance of work, acceptance, rejection, documentation and resolution of deficiencies, trend
             analysis and shall include corrective actions, and interface with Government inspectors and engineers at
             each stage of design and construction.

        (iii) Offeror shall explain how the organization structure will affect current Contracts/Task Orders and
              responses to future Task Orders. The key program management shall include the key personnel
              proposed and shall demonstrate the offeror has the requisite qualifications and experience to perform
              under the Contract and on future Task Orders.

        (iv) Offeror shall provide a narrative thoroughly detailing their ability to acquire the necessary personnel to
             satisfy the Seed Project. Job qualifications associated with each key non-design labor category should
             be submitted to demonstrate the skills considered necessary. Job qualifications shall include applicable
             work experience (list of major projects/Contracts, including brief scope, magnitude, and duty),
             education, and license/certification. Additionally, key personnel information shall be submitted to
             show offeror clearly understands all tasks specified.

        (v) Offeror shall provide a detailed narrative of their ability to successfully construct multiple projects
            simultaneously. The offeror shall propose a sound and logical approach demonstrating their ability to
            respond to any Task Orders from the Government. Offeror should assume that they have two (2) on-
               going projects (one design-build and one design bid-build) with an estimated value between
            $25,000 to $10,000,000, similar in nature, size, magnitude, complexity and scope. Offerors must
            include a list of multiple Task Orders/Contracts in progress at the same time on other Contracts.

     TAB C: Element 3 – MATOC IDIQ Design-Build: At a minimum, offerors shall provide/address the
following:

        (i) Offerors shall thoroughly demonstrate their design-build capabilities by providing written evidence of
            the job qualifications and experience of their architectural/engineering design personnel proposed for
            this Contract. The offeror will also include information describing the proposed internal design quality
            control processes, and the ability to manage multiple design-build projects simultaneously.

    TAB D: Element 4 - Bonding Capacity: At a minimum, offerors shall provide/address the following:

        (i) Offeror shall demonstrate their ability to obtain sufficient bonding of $6 million minimum per task
            order. The offeror shall submit information showing minimum available bonding capacity of $30
            million aggregate with verification from the Securities or Bonding Company (to be completed by
            Surety Company and submitted by Offeror). The information shall include how long the Surety
            Company has provided bonding for the Contractor and the bonding limit for a single project, aggregate
            amount, and current available bonding

        c. VOLUME III – Past Performance Proposal - The Past Performance Proposal should be clearly
marked “VOLUME III - PAST PERFORMANCE PROPOSAL, RFP W91247-11-R-0013”. The offeror’s
submission of Past Performance shall be in accordance with the following format.

    i. Past Performance References:
                                                                                                   W91247-11-R-0013

                                                                                                         Page 12 of 56

        (1) Describe record of past performance with programs similar in nature, work (fully designed and at least
50% construction progress completed) size, magnitude, complexity and scope. Submit information presently active
or completed within the past six (6) years from the date of issuance of this solicitation that you consider relevant in
demonstrating your ability to perform the proposed effort. This information shall include data on efforts performed
by other divisions, corporate management, critical subContractors, or teaming Contractors, if such resources will be
brought to bear or significantly influence the performance of the proposed effort. Offerors may identify state and
local Government and private Contracts that are similar to the Government’s requirements. If projects were design-
build, so identify them.

         (2) At a minimum, Offeror shall submit three (3) past performance references; but no more than five (5).
However, the offeror shall submit sufficient past performance information to demonstrate the depth and breadth to
successfully satisfy all Task Areas. It is incumbent upon the Contractor to present the past performance information
in such a manner and in sufficient detail to ensure the Government clearly understands the information provided.

         (3) Submissions should explain the aspects of the Contracts/references that are deemed relevant to the
proposed effort. Include a discussion of significant achievements or explain past problems considered to be relevant
to the proposed efforts, as well as past efforts to identify and manage program/project risk. In describing Contractual
effort and the past performance, include specific details of performance as follows and as applicable:

          (i) Quality Control. Provide a discussion of Quality Control (QC) activities to meet the requirements of the
Contract. This discussion should be broad enough to address all aspects of quality control planning, quality of QC
documentation, adequacy of materials and submittals, use of specified materials, and identification/correction of
deficient work in a timely manner.

         (ii) Timely Performance. Describe your scheduling techniques, project planning methodology, and
adherence to approved Contract Progress Schedule. Include approach taken for resolution of delays and getting back
on schedule as well as describing instances in which revised Contract Progress Schedules were submitted. Include
timely submission of material submittals, payrolls, and other documents requiring government review and/or
approval.

          (iii) Effectiveness of Management Including Cost Management. Provide an organization chart by
title/position that demonstrates your company’s adequate management of resources and personnel, coordination and
control of sub-contractor(s), adequacy of site clean-up, adequacy of on-site supervision, implementation of sub-
Contracting plans and compliance with laws and regulations. Management shall have a reputation and record of
reasonable, cooperative, professional conduct and commitment to customer satisfaction. Discuss the duties of the
proposed technical staff. Provide a description of the Quality Control Staff, to include lines of accountability.
Clearly define supply and interface with home office or corporate headquarters for such aspects as financial,
management and technical support, if applicable.

          (iv) Compliance with Labor Standards, Safety Standards, and Environmental Protection Laws. Demonstrate
familiarity and method employed to ensure adherence to applicable laws and standards. Discuss how you mitigate
deficiencies and your response to correct noted deficiencies. This discussion should demonstrate compliances with
laws and standards associated with labor and payrolls, OSHA and other safety requirements to include a Safety Plan,
and environmental pollution prevention, to include submission of required permits, to minimize damage to the
environment as the result of construction, demolition, and renovation operations . Discuss training programs.

        (v) Customer satisfaction: The Government will assess customer satisfaction based on the information
provided on the Past Performance Risk Assessment Survey and any other information available to the Government.

    ii. Documentation Format:

         (1) Past Performance References: Past performance information shall be presented in the following format.
The Contractor is encouraged to ensure the information provided is current. Data that is not current or references
that can no longer be reached will be discarded and not considered.
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        Name of Contracting Activity that awarded the Contract
        Contract Number and Period of Performance
        Contract Type (i.e. Firm-Fixed Price, Cost Plus-Award Fee, etc.) and Total Contract Value
        Name of the Contracting Officer, to include Phone Number and Email address
        Name of Contract Administrator, to include Phone Number and Email address
        List of Major SubContractors
        Brief history of the work performed on each reference given
        Discuss how offeror determined that referenced experience is relevant to the task areas of the IDIQ SOW
        Name/organization/position and phone number of knowledgeable individual who can be queried by
         Government evaluators.

          (2) Matrix of Past Performance to Various Projects: Offerors shall submit a table that cross-references the
past performance references to the various projects set forth in the MATOC IDIQ Statement of Work (specifically
section 1.3). In the event an offeror has no relevant past experience, offerors may submit past performance
information for the key personnel proposed, major subContractors included in the proposed team, work performed as
part of a team or joint venture, and other reincarnations of its current organization. Offerors are also required to
submit information concerning problems and/or situations impacting performance on each Contract listed for any
Contracts that did not meet original requirements and corrective actions taken to avoid recurrences.

    iii. Performance and Risk Assessment Survey:

For the contracts identified in paragraph (i), Past Performance Reference, the offeror shall forward a copy of the Past
Performance Risk Assessment Survey located in Attachment 1, to the points of contact responsible for monitoring
performance under such contracts. The Past Performance Risk Assessment Survey are due prior to the RFP closing
time and date as listed in SF 1442, block 13. All Past Performance Assessment Survey shall be returned by the
point of contact responsible for monitoring performance under such contracts directly to:

                  Regular Mail:
                  MATOC Solicitation W91247-11-R-0013, Past Performance Risk Assessment
                  Mission Contracting Office (MCO) – Fort Bragg
                  ATTN: CCMI-RCB-BR (Ms. Linda Mclean)
                  2175 Reilly Road, Stop A
                  Fort Bragg, NC 28310-5000

                  Express Carrier:
                  MATOC Solicitation W91247-11-R-0013, Past Performance Risk Assessmemt
                  Mission Contracting Offie (MCO) – Fort Bragg
                  ATTN: CCMI-RCB-BR (Ms. Linda Mclean)
                  Bldg 2-1105 C Stack Macomb Street
                  Fort Bragg, NC 28310-5000
                  (910) 394-8002

It is the responsibility of the offeror to follow-up and ensure the Government receives the surveys in sufficient
time to be considered in this evaluation. Offerors may identify state and local Government and private Contracts
that are similar to the Government’s requirements. If projects were design-build, then identify them. If any firm has
multiple functions or divisions, limit the project examples to those performed by the division, unit or team member
submitting the offer.

Past Performance Assessment Surveys will not be accepted by the Government from the Offeror. All Past
Performance Assessment Survey shall be returned by the point of contact responsible for monitoring performance
under such contracts, outlined in this Section.
                                                                                                 W91247-11-R-0013

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Section 00120 – Evaluation Factors for Award

1. BASIS FOR CONTRACT AWARD

     a. The award will be based on a tradeoff between the Past Performance and Price Factors on all technically
acceptable offerors. For award purposes, Past performance is significantly more important than Price Factor.

      b. The evaluation process will proceed as follows:

      (1) Technical Acceptability. First, the Government technical evaluation team will evaluate the technical
proposals on an acceptable/unacceptable basis, assigning ratings of Acceptable or Unacceptable. Then among the
technically acceptable offers tradeoff of Past Performance and Price. Failure to meet a requirement may result in an
offer being determined Technically Unacceptable.

      (2) Past Performance and Price Tradeoff: Next, the Government evaluation team will evaluate Past
Performance and Price. Failure to meet the requirements outlined in the Evaluation Criteria and Evaluation
Approach, results in an offer not eligible for Contract award.

       c. The Government intends to make multiple awards as a result of this RFP to the offerors that the Government
determines can best satisfy the objectives and requirements set forth in the solicitation. Awards will encompass the
entire IDIQ Statement of Work. No partial awards will be made.

       d. The Government will award the maximum number of the acceptable rated contracts deemed necessary to
satisfy the requirements and provide a competitive base of qualified offerors. The number of contracts that may be
awarded as a result of this solicitation is anticipated to be (10). Awards are restricted to Small Disadvantaged
Business SDB) concerns, HUBZone, and Service Disabled Veteran Owned Small Business (SDVOSB) concerns
who are deemed to possess the most highly rated proposals.

2. EVALUATION CRITERIA AND EVALUATION APPROACH:

      a. Evaluation Criteria: The evaluation criteria consist of factors and elements. The proposals will be
evaluated under three (3) evaluation factors: Technical Acceptability, Past Performance, and Price.

      Factor 1: Technical Acceptability

               Element 1: Concept for MATOC Sample Seed Project Response
               Element 2: MATOC Key Program Management
               Element 3: MATOC IDIQ Design/Build Response
               Element 4: Bonding Capacity

      Factor 2: Past Performance

      Factor 3: Price

      Relative Importance of Factors and Elements. Within the Technical Acceptability Factor, there is no order of
importance relative to the elements. The award will be based on a tradeoff between the Past Performance and Price
Factors. Past performance is significantly more important than Price.

      b. Evaluation Approach: The evaluation approach will proceed as follows:

     FACTOR I – TECHNICAL ACCEPTABILITY EVALUATION: The Government technical evaluation
team will evaluate the technical proposals on an acceptable/unacceptable basis, assigning ratings of Acceptable or
Unacceptable. The Technical Acceptability evaluation provides an assessment of the offeror’s capability to satisfy
the Government’s requirements. An offeror must be considered acceptable for all elements to be deemed
                                                                                                  W91247-11-R-0013

                                                                                                        Page 15 of 56

Technically Acceptable. Therefore, a proposal rated less than acceptable for any one element will not be considered
for award. The proposals shall be evaluated against four (4) elements for Technical Acceptability. The elements
ratings will be used to determine an overall rating for the factor. Any element that receives an unacceptable rating
will result in an overall unacceptable rating for the factor and will render the offeror ineligible for award.

     Element 1 – Concept for MATOC Sample Seed Project Response: In order to be considered acceptable, the
     offeror must thoroughly demonstrate the capability to successfully execute the Sample Seed Project. Offerors
     will be evaluated to determine comprehension of the Sample Seed Project and familiarity with Construction
     Projects. This element does include a design component within Sample Seed Project as the design phase is 35
     percent complete.

     Element 2 – MATOC Key Program Management: In order to be considered acceptable, the offeror must
     thoroughly demonstrate an effective and efficient organizational structure through the detailed organizational
     chart and management plan. The chart and plan must clearly demonstrate key personnel proposed have the
     requisite qualifications and experience to perform under the Contract and on future Task Orders.

     Element 3 – MATOC IDIQ Design/Build: In order to be considered acceptable, the offeror must thoroughly
     demonstrate their design/build capabilities by providing written evidence of the job qualifications and
     experience of their architectural/engineering design personnel proposed for this Contract.

     Element 4 – Bonding Capacity: To be considered technically acceptable, the offeror’s proposal will be
     evaluated to determine if the offeror can obtain the required bonding of $6 million.

Adjectival Ratings: Each Technical Acceptability Element will receive one of the adjectival ratings defined below
and then there will be an overall roll-up adjectival rating at the factor level.


             Rating                                             Description



           Acceptable        Proposal clearly meets the minimum requirements of the solicitation.



          Unacceptable       Proposal does not clearly meet the minimum requirements of the solicitation.




PAST PERFORMANCE AND PRICE EVALUATIONS: The Government evaluation team will evaluate Past
Performance and Price as listed below.

FACTOR II – PAST PERFORMANCE EVALUATION: Offerors must thoroughly demonstrate in their Past
Performance history their likelihood of success in performing the solicitation’s requirements as indicated by that
offeror’s record of past performance. Offerors are cautioned that in conducting the performance risk assessment, the
Government may use data provided in the offeror’s proposal and data obtained from other sources, such as the Past
Performance Information Retrieval System (PPIRS), Construction Contractor Appraisal Support System (CCASS),
Federal Award Performance and Integrity Information System (FAPIIS) or similar systems and State Department
Watch Lists. Past performance areas of evaluation will include:

1)    Quality Control (QC)
2)    Timely Performance
3)    Effectiveness of Management Including Cost Management
                                                                                                  W91247-11-R-0013

                                                                                                         Page 16 of 56

4)    Compliance with Labor/Safety Standards
5)    Customer Satisfaction

      Recency Assessment: An assessment of the past performance information will be made to determine if it is
recent. To be recent, the effort must be ongoing or must have been performed during the past six (6) years from the
date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.

      Relevancy Assessment: To be relevant, projects (fully designed and at least 50% construction progress
completed) must be similar in nature, size, magnitude, complexity and scope. The Government will conduct an in-
depth evaluation of all recent performance information obtained to determine its relevancy to the services/products
being procured under this solicitation. A relevancy determination of the offeror’s (including joint venture partner(s)
and major and critical sub-Contractor(s)) past performance will be made. In determining relevancy for individual
Contracts, consideration will be given to the effort, or portion of the effort, being provided by the offeror, teaming
partner, or sub-Contractor whose Contract is being reviewed and evaluated. Offerors may identify state and local
Government and private Contracts that are similar to the Government’s requirements. If projects were design-build,
so identify them. If any firm has multiple functions or divisions, limit the project examples to those performed by the
division, unit or team member submitting the offer. The past performance information provided in the proposal and
information obtained from other sources will be used to establish the relevancy of past performance. Offerors
without a record of relevant past performance or for whom information on past performance is not available will not
be evaluated favorably or unfavorably on past performance and, as a result, will receive an " Unknown Confidence
(Neutral)‖ rating for the Past Performance factor.

Performance Confidence Assessment Ratings: The Past Performance Factor will be assigned one of the ratings
defined below.
                                                                                                 W91247-11-R-0013

                                                                                                        Page 17 of 56

             Performance Confidence Assessments

              Rating                                                          Description
                                                   Based on the offeror’s recent/relevant performance record, the
              Substantial Confidence               Government has a high expectation that the offeror will
                                                   successfully perform the required effort.
                                                   Based on the offeror’s recent/relevant performance record, the
              Satisfactory Confidence              Government has a reasonable expectation that the offeror will
                                                   successfully perform the required effort.
                                                   Based on the offeror’s recent/relevant performance record, the
              Limited Confidence                   Government has a low expectation that the offeror will
                                                   successfully perform the required effort.
                                                   Based on the offeror’s recent/relevant performance record, the
              No Confidence                        Government has no expectation that the offeror will be able to
                                                   successfully perform the required effort.
                                                   No recent/relevant performance record is available or the
              Unknown Confidence (Neutral)         offeror’s performance record is so sparse that no meaningful
                                                   confidence assessment rating can be reasonably assigned.


FACTOR III – PRICE EVALUATION: The Government will evaluate each offerors’ total proposed price for the
Sample Seed Project to determine if the offerors proposed prices are fair and reasonable utilizing price analysis
techniques in accordance with the guidelines in FAR 15.404-1(b). The Seed Project – Price Schedule, Attachment 2,
shall be evaluated for completeness and accuracy according to this Section. Price will not be assigned an adjectival
rating.

3. AWARD WITHOUT DISCUSSION: The Government intends to evaluate proposals and award a Contract
without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s
initial proposal should contain the offeror’s best terms from a technical, past performance and price standpoint. The
Government reserves the right to conduct discussions if the Contracting Officer later determines them to be
necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the
competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer
may limit the number of proposals in the competitive range to the greatest number that will permit an efficient
competition among the most highly rated proposals.
                                                                                                   W91247-11-R-0013

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CLAUSES INCORPORATED BY REFERENCE


52.215-1              Instructions to Offerors--Competitive Acquisition               JAN 2004
52.215-20             Requirements for Certified Cost or Pricing Data or              OCT 2010
                      Information Other Than Certified Cost or Pricing Data
52.216-27             Single or Multiple Awards                                       OCT 1995
52.222-40             Notification of Employee Rights Under the National Labor        DEC 2010
                      Relations Act
52.225-10             Notice of Buy American Act Requirement--Construction            FEB 2009
                      Materials


CLAUSES INCORPORATED BY FULL TEXT


52.203-14    DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work
areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in
paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees,
the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from


(Contracting Officer shall insert—

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster);
and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting
mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as
required in paragraph (b) of this clause, other than any required DHS posters.
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                                                                                                               Page 19 of 56

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all
subcontracts that exceed $5,000,000, except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)




52.216-1     TYPE OF CONTRACT (APR 1984)

The Government contemplates award of an Indefinite Delivery, Indefinite Quantity (IDIQ) contract with Fixed Price
Task Orders.

(End of provision)




52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (JUL 2005)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the
work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror
shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not
applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting
Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination
for a secondary site of the work.

(End of provision)




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:

                                                  Goals for minority                 Goals for female
                                             participation for each trade       participation for each trade
                                                                                                  W91247-11-R-0013

                                                                                                        Page 20 of 56


                                                    29.9%                             6.9%


*To be determined by each Task Order-Goals for Georgia are located on the OFCCP website.

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" are facilities
located at Fort Benning, Georgia, the Army Ranger Facility at Camp Frank D. Merrill, Dahlonega, Georgia,
Camp James E. Rudder at Eglin Air Force Base and the Directorate of Family Moral, Welfare and
Recreation (DFMWR) Recreation Center in Destin, Florida.

(End of provision)




52.228-1    BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be
cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and
sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check,
                                                                                                      W91247-11-R-0013

                                                                                                             Page 21 of 56

irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.
The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as
practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and
bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20% percent of the bid price.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance,
fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the
bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that
exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(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:

           Mission Contracting Office (MCO)
           MCO - Fort Bragg
           ATTN: CCMI-CBR-BR (Mrs. Betty J. Parker)
           2175 Reilly Road, Stop A
           Fort Bragg, NC 28310-5000

(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) – ALTERNATE I (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 for: “the Sample Seed Project”.

3) A site visit is schedule on Thursday, September 15, 2011 at 09:00 A.M., EDT. Contractors desiring to participate
in the site visit are asked to meet at the Installation Contracting Command (ICC) Center, Fort Benning, GA, Building
6, Conference Room 261B. All interested firms may attend with a limit of three (3) attendees per firm. Please
submit, in writing, the names of attendees to Ms. Linda McLean at linda.mclean1@us.army.mil and Ms. Betty
Parker, at betty.parker1@us.army.mil or fax to (910) 394-5687 no later than Monday, September 12, 2011, 3:00
P.M., EDT. After the Site Visit all questions shall be submitted in writing no later than Wednesday, September 21,
                                                                                                   W91247-11-R-0013

                                                                                                          Page 22 of 56

2011 at 4:00 PM. If government responses to technical questions affect the Statement of Work requirements an
Amendment to the solicitation will be issued.

NOTE: Organized site visits will be scheduled at the ―Task Order level”.

(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

(End of provision)




52.252-5    AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an
authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation (48 CFR) provision with an
authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)




5152.233-4000, AMC-LEVEL PROTEST PROGRAM (NOV 2008)

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 33.10. 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.

     Protest to HQAMC shall be filed at:
     Headquarters U.S. Army Materiel Command
     Office of Command Counsel
     4400 Martin Road
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    Room: A6SE040.001
    Redstone Arsenal, AL 35898-5000
    Fax: (256) 450-8840

    Packages sent by Express Carrier should be addressed to:
    Headquarters U.S. Army Materiel Command
    Office of Command Counsel
    4400 Martin Road
    Room: A6SE040.001
    Redstone Arsenal, AL 35898-5000
    Fax: (256) 450-8840

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.

(End of Provision)
                                                                                                      W91247-11-R-0013

                                                                                                            Page 24 of 56

Section 00600 - Representations & Certifications

CLAUSES INCORPORATED BY REFERENCE


52.203-11             Certification And Disclosure Regarding Payments To                 SEP 2007
                      Influence Certain Federal Transactions
52.222-38             Compliance With Veterans' Employment Reporting                     SEP 2010
                      Requirements
52.223-4              Recovered Material Certification                                   MAY 2008
52.236-28             Preparation of Proposals--Construction                             OCT 1997
252.209-7001          Disclosure of Ownership or Control by the Government of a          JAN 2009
                      Terrorist Country




CLAUSES INCORPORATED BY FULL TEXT


52.204-8    ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $33.5 million.

(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 (d) 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 (d) 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:

(__) Paragraph (d) applies.

(__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in
the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-
fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.
                                                                                                     W91247-11-R-0013

                                                                                                           Page 25 of 56

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This
provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at
52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision
applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the
contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services
performed on Federal facilities).

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is
specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations
when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the
contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the
clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for
construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to
solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the
contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or
specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased
Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use
of, EPA-designated items.
                                                                                                    W91247-11-R-0013

                                                                                                           Page 26 of 56

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-
1.

(xvii) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and
Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at
52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision
applies to all solicitations.

(xx) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran--Certification. This provision
applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision
applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational
institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of
Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

 ------(i) 52.219-22, Small Disadvantaged Business Status.

 ------(A) Basic.

 ------(B) Alternate I.

 ------(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

 ------(iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance,
Calibration, or Repair of Certain Equipment Certification.

 ------(iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--
Certification.

 ------(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated
Products (Alternate I only).

 ------(vi) 52.223-13, Certification of Toxic Chemical Release Reporting.

 ------(vii) 52.227-6, Royalty Information.
                                                                                                     W91247-11-R-0013

                                                                                                            Page 27 of 56


 ------ (A) Basic.

 ------ (B) Alternate I.

 ------(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) 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 that apply to this solicitation as indicated in paragraph (c) of this provision 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, identifyingchange 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)



CLAUSES INCORPORATED BY FULL TEXT


52.209-5      CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award
of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment
rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust
statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen
property (if offeror checks ―have‖, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity
with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent
Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
                                                                                                        W91247-11-R-0013

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(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not
finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the
liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax
liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection
action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles
the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a
final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer
has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been
issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals
contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the
course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no
prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the
taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal
rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making
timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the
taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection
action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts
terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having
primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract
award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in
withholding of an award under this solicitation. However, the certification will be considered in connection with a
determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such
additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of
an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of
business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was
placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification,
                                                                                                       W91247-11-R-0013

                                                                                                              Page 29 of 56

in addition to other remedies available to the Government, the Contracting Officer may terminate the contract
resulting from this solicitation for default.

(End of provision)



CLAUSES INCORPORATED BY FULL TEXT


52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a
determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian
Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes
administrative proceedings at the Federal and State level but only in connection with performance of a Federal
contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection
of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-
quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory
responsibilities within a business entity (e.g., general manager; plant manager; head of a
division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than
$10,000,000.

(c) If the offeror checked ―has‖ in paragraph (b) of this provision, the offeror represents, by submission of this offer,
that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is
current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the
award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal
or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty,
reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
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(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an
acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in
paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision,
whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as
required through maintaining an active registration in the Central Contractor Registration database at
http://www.ccr.gov (see 52.204-7).

(End of provision)




52.219-1     SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $33.5 million.

(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) Representations.

(1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)
The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business
concern as defined in 13 CFR 124.1002.

(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)
The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the
offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The
offeror represents as part of its offer that--

(i) It * is, * is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to
the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its
eligibility; and

(ii) It * is, * is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in
paragraph (b)(4)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating
in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are
participating in the joint venture: ----.] Each WOSB concern participating in the joint venture shall submit a
separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror
represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this
provision.] The offeror represents as part of its offer that--
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                                                                                                           Page 31 of 56


(i) It * is, * is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents
to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its
eligibility; and

 (ii) It * is, * is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in
paragraph (b)(5)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are
participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern or concerns
that are participating in the joint venture: ------------------.] Each EDWOSB concern participating in the joint venture
shall submit a separate signed copy of the EDWOSB representation.

(6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)
The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(7) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of
this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned
small business concern.

(8) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)
The offeror represents, as part of its offer, that--

(i) It [squ] is, [squ] is not a HUBZone small business concern listed, on the date of this representation, on the List of
Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material
changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was
certified in accordance with 13 CFR Part 126; and

(ii) It [squ] is, [squ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the
representation in paragraph (b)(8)(i) of this provision is accurate for each HUBZone small business concern
participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small
business concerns participating in the HUBZone joint venture: --------.] Each HUBZone small business concern
participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(c) Definitions. As used in this provision--

―Economically disadvantaged women-owned small business (EDWOSB) concern‖ means a small business concern
that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations
of which are controlled by, one or more women who are citizens of the United States and who are economically
disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business
concern eligible under the WOSB Program.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any
publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled
veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans
or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver
of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-
connected, as defined in 38 U.S.C. 101(16).
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                                                                                                             Page 32 of 56


"Small business concern," means a concern, including its affiliates, that is independently owned and operated, not
dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business
under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more
veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern," means a small business concern --

(1) That is at least 51 percent owned by one or more women; in the case of any publicly owned business, at least 51
percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

―Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR
part 127)‖, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the
management and daily business operations of which are controlled by, one or more women who are citizens of the
United States.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the
clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be
furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small,
HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-
owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded
under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any
other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.


(End of provision)



252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2010)

As prescribed in 204.1202, substitute the following paragraph (d) for paragraph (d) of the provision at FAR 52.204-
8:
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                                                                                                           Page 33 of 56


(d) The offeror has completed the annual representations and certifications electronically via the Online
Representations and Certifications Application (ORCA) website at https://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/DFARS 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.
                                                                                              W91247-11-R-0013

                                                                                                   Page 34 of 56

Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE


52.203-3            Gratuities                                                     APR 1984
52.203-6            Restrictions On Subcontractor Sales To The Government          SEP 2006
52.203-7            Anti-Kickback Procedures                                       OCT 2010
52.203-8            Cancellation, Rescission, and Recovery of Funds for Illegal or JAN 1997
                    Improper Activity
52.203-10           Price Or Fee Adjustment For Illegal Or Improper Activity       JAN 1997
52.203-12           Limitation On Payments To Influence Certain Federal            OCT 2010
                    Transactions
52.203-13           Contractor Code of Business Ethics and Conduct                 APR 2010
52.204-2 Alt II     Security Requirements (Aug 1996) - Alternate II                APR 1984
52.204-4            Printed or Copied Double-Sided on Postconsumer Fiber           MAY 2011
                    Content Paper
52.204-7            Central Contractor Registration                                APR 2008
52.204-9            Personal Identity Verification of Contractor Personnel         JAN 2011
52.204-10           Reporting Executive Compensation and First-Tier SubcontractJUL 2010
                    Awards
52.209-6            Protecting the Government's Interest When Subcontracting       DEC 2010
                    With Contractors Debarred, Suspended, or Proposed for
                    Debarment
52.211-13           Time Extensions                                                SEP 2000
52.211-18           Variation in Estimated Quantity                                APR 1984
52.215-2            Audit and Records--Negotiation                                 OCT 2010
52.215-8            Order of Precedence--Uniform Contract Format                   OCT 1997
52.219-6            Notice Of Total Small Business Set-Aside                       JUN 2003
52.219-8            Utilization of Small Business Concerns                         JAN 2011
52.219-14           Limitations On Subcontracting                                  DEC 1996
52.222-1            Notice To The Government Of Labor Disputes                     FEB 1997
52.222-3            Convict Labor                                                  JUN 2003
52.222-4            Contract Work Hours and Safety Standards Act - Overtime JUL 2005
                    Compensation
52.222-6            Davis Bacon Act                                                JUL 2005
52.222-7            Withholding of Funds                                           FEB 1988
52.222-8            Payrolls and Basic Records                                     JUN 2010
52.222-9            Apprentices and Trainees                                       JUL 2005
52.222-10           Compliance with Copeland Act Requirements                      FEB 1988
52.222-11           Subcontracts (Labor Standards)                                 JUL 2005
52.222-12           Contract Termination-Debarment                                 FEB 1988
52.222-13           Compliance with Davis-Bacon and Related Act Regulations. FEB 1988
52.222-14           Disputes Concerning Labor Standards                            FEB 1988
52.222-15           Certification of Eligibility                                   FEB 1988
52.222-21           Prohibition Of Segregated Facilities                           FEB 1999
52.222-26           Equal Opportunity                                              MAR 2007
52.222-27           Affirmative Action Compliance Requirements for                 FEB 1999
                    Construction
52.222-30           Davis-Bacon Act--Price Adjustment (None or Separately          DEC 2001
                    Specified Method)
52.222-35           Equal Opportunity for Veterans                                 SEP 2010
52.222-36           Affirmative Action For Workers With Disabilities               OCT 2010
52.222-37           Employment Reports on Veterans                                 SEP 2010
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                                                                                             Page 35 of 56

52.222-50         Combating Trafficking in Persons                           FEB 2009
52.222-54         Employment Eligibility Verification                        JAN 2009
52.223-1          Biobased Product Certification                             DEC 2007
52.223-2          Affirmative Procurement of Biobased Products Under Service DEC 2007
                  and Construction Contracts
52.223-3          Hazardous Material Identification And Material Safety Data JAN 1997
52.223-5          Pollution Prevention and Right-to-Know Information         MAY 2011
52.223-6          Drug-Free Workplace                                        MAY 2001
52.223-15         Energy Efficiency in Energy-Consuming Products             DEC 2007
52.223-17         Affirmative Procurement of EPA-Designated Items in Service MAY 2008
                  and Construction Contracts
52.223-18         Contractor Policy to Ban Text Messaging While Driving      SEP 2010
52.225-13         Restrictions on Certain Foreign Purchases                  JUN 2008
52.226-1          Utilization Of Indian Organizations And Indian-Owned       JUN 2000
                  Economic Enterprises
52.227-1          Authorization and Consent                                  DEC 2007
52.227-2          Notice And Assistance Regarding Patent And Copyright       DEC 2007
                  Infringement
52.227-4          Patent Indemnity-Construction Contracts                    DEC 2007
52.228-2          Additional Bond Security                                   OCT 1997
52.228-5          Insurance - Work On A Government Installation              JAN 1997
52.228-11         Pledges Of Assets                                          SEP 2009
52.228-12         Prospective Subcontractor Requests for Bonds               OCT 1995
52.228-14          Irrevocable Letter of Credit                              DEC 1999
52.228-15         Performance and Payment Bonds--Construction                OCT 2010
52.229-3          Federal, State And Local Taxes                             APR 2003
52.232-5          Payments under Fixed-Price Construction Contracts          SEP 2002
52.232-13         Notice Of Progress Payments                                APR 1984
52.232-16 Alt I   Progress Payments (Aug 2010) - Alternate I                 MAR 2000
52.232-17         Interest                                                   OCT 2010
52.232-23         Assignment Of Claims                                       JAN 1986
52.232-27         Prompt Payment for Construction Contracts                  OCT 2008
52.232-33         Payment by Electronic Funds Transfer--Central Contractor   OCT 2003
                  Registration
52.233-1          Disputes                                                   JUL 2002
52.233-3          Protest After Award                                        AUG 1996
52.233-4          Applicable Law for Breach of Contract Claim                OCT 2004
52.236-2          Differing Site Conditions                                  APR 1984
52.236-3          Site Investigation and Conditions Affecting the Work       APR 1984
52.236-5          Material and Workmanship                                   APR 1984
52.236-6          Superintendence by the Contractor                          APR 1984
52.236-7          Permits and Responsibilities                               NOV 1991
52.236-8          Other Contracts                                            APR 1984
52.236-9          Protection of Existing Vegetation, Structures, Equipment,  APR 1984
                  Utilities, and Improvements
52.236-10         Operations and Storage Areas                               APR 1984
52.236-11         Use and Possession Prior to Completion                     APR 1984
52.236-12         Cleaning Up                                                APR 1984
52.236-13         Accident Prevention                                        NOV 1991
52.236-14         Availability and Use of Utility Services                   APR 1984
52.236-15         Schedules for Construction Contracts                       APR 1984
52.236-17         Layout of Work                                             APR 1984
52.236-21 Alt I   Specifications and Drawings for Construction (Feb 1997) -  APR 1984
                  Alternate I
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                                                                                               Page 36 of 56

52.236-23          Responsibility of the Architect-Engineer Contractor         APR 1984
52.236-25          Requirements for Registration of Designers                  JUN 2003
52.236-26          Preconstruction Conference                                  FEB 1995
52.236-28          Preparation of Proposals--Construction                      OCT 1997
52.242-13          Bankruptcy                                                  JUL 1995
52.242-14          Suspension of Work                                          APR 1984
52.243-4           Changes                                                     JUN 2007
52.244-6           Subcontracts for Commercial Items                           DEC 2010
52.245-1 Alt II    Government Property (Aug 2010) Alternate II                 JUN 2007
52.246-12          Inspection of Construction                                  AUG 1996
52.246-13          Inspection--Dismantling, Demolition, or Removal of          AUG 1996
                   Improvements
52.246-21          Warranty of Construction                                    MAR 1994
52.246-21 Alt I    Warranty of Construction (Mar 1994) - Alternate I           APR 1984
52.248-3           Value Engineering-Construction                              OCT 2010
52.249-2           Termination For Convenience Of The Government (Fixed-       MAY 2004
                   Price)
52.249-2 Alt I     Termination for Convenience of the Government (Fixed-       SEP 1996
                   Price) (May 2004) - Alternate I
52.249-3           Termination for Convenience of the Government               MAY 2004
                   (Dismantling, Demolition, or Removal of Improvements)
52.249-10          Default (Fixed-Price Construction)                          APR 1984
52.249-10 Alt I    Default (Fixed-Price Construction) (Apr 1984) Alternate I   APR 1984
52.253-1           Computer Generated Forms                                    JAN 1991
252.201-7000       Contracting Officer's Representative                        DEC 1991
252.203-7000       Requirements Relating to Compensation of Former DoD         JAN 2009
                   Officials
252.203-7001       Prohibition On Persons Convicted of Fraud or Other Defense- DEC 2008
                   Contract-Related Felonies
252.203-7002       Requirement to Inform Employees of Whistleblower Rights JAN 2009
252.203-7003       Agency Office of the Inspector General                      SEP 2010
252.204-7003       Control Of Government Personnel Work Product                APR 1992
252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A      SEP 2007
252.205-7000       Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7001       Disclosure of Ownership or Control by the Government of a JAN 2009
                   Terrorist Country
252.209-7004       Subcontracting With Firms That Are Owned or Controlled By DEC 2006
                   The Government of a Terrorist Country
252.211-7007       Reporting of Government-Furnished Equipment in the DoD NOV 2008
                   Item Unique Identification (IUID) Registry
252.219-7003       Small Business Subcontracting Plan (DOD Contracts)          OCT 2010
252.219-7011       Notification to Delay Performance                           JUN 1998
252.219-7011       Notification to Delay Performance                           JUN 1998
252.223-7001       Hazard Warning Labels                                       DEC 1991
252.223-7004       Drug Free Work Force                                        SEP 1988
252.223-7006       Prohibition On Storage And Disposal Of Toxic And            APR 1993
                   Hazardous Materials
252.225-7001       Buy American Act And Balance Of Payments Program            JAN 2009
252.225-7012       Preference For Certain Domestic Commodities                 JUN 2010
252.225-7016       Restriction On Acquisition Of Ball and Roller Bearings      JUN 2011
252.226-7001       Utilization of Indian Organizations and Indian-Owned        SEP 2004
                   Economic Enterprises, and Native Hawaiian Small Business
                   Concerns
252.227-7022       Government Rights (Unlimited)                               MAR 1979
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252.227-7023          Drawings and Other Data to become Property of Government       MAR 1979
252.227-7024          Notice and Approval of Restricted Designs                      APR 1984
252.227-7033          Rights in Shop Drawings                                        APR 1966
252.231-7000          Supplemental Cost Principles                                   DEC 1991
252.232-7003          Electronic Submission of Payment Requests and Receiving        MAR 2008
                      Reports
252.232-7010          Levies on Contract Payments                                    DEC 2006
252.236-7005          Airfield Safety Precautions                                    DEC 1991
252.236-7006          Cost Limitation                                                JAN 1997
252.236-7007          Additive or Deductive Items                                    DEC 1991
252.236-7007          Additive or Deductive Items                                    DEC 1991
252.243-7001          Pricing Of Contract Modifications                              DEC 1991
252.243-7002          Requests for Equitable Adjustment                              MAR 1998
252.244-7000          Subcontracts for Commercial Items and Commercial               NOV 2010
                      Components (DoD Contracts)
252.247-7023          Transportation of Supplies by Sea                              MAY 2002
252.247-7024          Notification Of Transportation Of Supplies By Sea              MAR 2000


CLAUSES INCORPORATED BY FULL TEXT


52.202-1    DEFINITIONS (JUL 2004)

(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition
Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the
solicitation was issued, unless--

(1) The solicitation, or amended solicitation, provides a different definition;

(2) The contracting parties agree to a different definition;

(3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;
or

(4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The
FAR Index is available via the Internet at http://www.acqnet.gov at the end of the FAR, after the FAR Appendix.

(End of clause)




52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2011)
(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information
System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in
the Central Contractor Registration database at http://www.ccr.gov.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's
record.
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                                                                                                            Page 38 of 56

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the
Government. The comments will be retained as long as the associated information is retained, i.e., for a total period
of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of
Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011,
except past performance reviews, will be publicly available.

(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 proceed, (b) prosecute the work diligently, and (c) complete the entire work ready
for use not later than To Be Determined in each individual Task Order. The time stated for completion shall
include final cleanup of the premises.

(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 to be addressed in each RTOP 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)



52.216-18     ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or
task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of
award through five (5) years from that date.

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

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the
mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the
Schedule.

(End of clause)
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                                                                                                             Page 39 of 56



52.216-19     ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of
less than $5,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those
supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $6 million;

(2) Any order for a combination of items in excess of $30 million; or

(3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the
limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the
Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum
order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after
issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)



52.216-22     INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in
the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not
purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering
clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in
the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall
order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the
number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations
or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be
completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and
Government's rights and obligations with respect to that order to the same extent as if the order were completed
during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries
under this contract after the delivery date specified in any Task Orders issued prior to the end of the ordering
period.

(End of clause)
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                                                                                                             Page 40 of 56



52.219-28    POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does
not include contracts that exceed five years in duration because the period of performance has been extended for a
cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other
appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not
dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business
under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not
dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a
kind of business activity in which a number of business concerns are primarily engaged. In determining whether
dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of
employees, financial resources, competitive status or position, ownership or control of materials, processes, patents,
license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor
shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause,
upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to
include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification
of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the
contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this
rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to
this contract. The small business size standard corresponding to this NAICS code can be found at
http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a
contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by
paragraph (b) of this clause by validating or updating all its representations in the Online Representations and
Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect
the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes
specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the
validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the
Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
                                                                                                  W91247-11-R-0013

                                                                                                         Page 41 of 56


(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in
ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following
rerepresentation and submit it to the contracting office, along with the contract number and the date on which the
rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code        - assigned to
contract number       .

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)




52.223-11      OZONE-DEPLETING SUBSTANCES (MAY 2001)

(a) Definition. Ozone-depleting substance, as used in this clause, means any substance the Environmental Protection
Agency designates in 40 CFR part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform;
or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the
manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

―WARNING: Contains (or manufactured with, if applicable), a substance(s) which harm(s) public health and
environment by destroying ozone in the upper atmosphere.‖----------------------------

The Contractor shall insert the name of the substance(s).

(End of clause)



52.225-9     BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010)

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

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in
which it is sold in the commercial marketplace; and
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                                                                                                         Page 42 of 56

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as
agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a
subcontractor for incorporation into the building or work. The term also includes an item brought to the site
preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency
lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or
work and that are produced as complete systems, are evaluated as a single and distinct construction material
regardless of when or how the individual parts or components of those systems are delivered to the construction site.
Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of
incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any
applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component,
including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but
excluding profit. Cost of components does not include any costs associated with the
manufacture of the construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost
of all its components. Components of foreign origin of the same class or kind for which nonavailability
determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic
construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for
construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic
construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction
materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause
if the Government determines that
                                                                                                     W91247-11-R-0013

                                                                                                           Page 43 of 56

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction
material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds
the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be
impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and
reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use
foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information
for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph
(b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price
comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty
(whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor
could not reasonably foresee the need for such determination and could not have requested the determination before
contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a
determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the
Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the
contract to allow use of the foreign construction material. However, when the basis for the exception is the
unreasonable price of a domestic construction material, adequate consideration is not less than the differential
established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign
construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the
Contractor shall include the following information and any applicable supporting data based on the survey of
suppliers:
                                                                                                       W91247-11-R-0013

                                                                                                              Page 44 of 56


                    Foreign and Domestic Construction Materials Price Comparison
----------------------------------------------------------------------------------------------------------------
  Construction material description              Unit of measure                  Quantity               Price (dollars) \1\
----------------------------------------------------------------------------------------------------------------
Item 1
   Foreign construction material.... ....................... ....................... .......................
   Domestic construction material... ....................... ....................... .......................
Item 2
   Foreign construction material.... ....................... ....................... .......................
   Domestic construction material... ....................... ....................... .......................
----------------------------------------------------------------------------------------------------------------
Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate
is issued).
List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach
summary.
Include other applicable supporting information.

(End of clause)



52.225-11     BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (SEP
2010)

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

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been
substantially transformed in a Caribbean Basin country into a new and different construction material distinct from
the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in
which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as
agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or
subcontractor for incorporation into the building or work. The term also includes an item brought to the site
preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency
                                                                                                 W91247-11-R-0013

                                                                                                        Page 45 of 56

lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or
work and that are produced as complete systems, are evaluated as a single and distinct construction material
regardless of when or how the individual parts or components of those systems are delivered to the construction site.
Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of
incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any
applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component,
including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but
excluding profit. Cost of components does not include any costs associated with the manufacture of the construction
material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria,
Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary,
Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta,
Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden,
Switzerland, Taiwan or United Kingdom);

(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El
Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia,
Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea,
Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi,
Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra
Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands,
Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, St. Kitts and Nevis, St. Lucia, St.
Vincent and the Grenadines, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction
material, an FTA country construction material, a least developed country construction material, or a Caribbean
Basin country construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost
of all its components. Components of foreign origin of the same class or kind for which nonavailability
determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.
                                                                                                   W91247-11-R-0013

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Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been
substantially transformed in a least developed country into a new and different construction material distinct from the
materials from which it was transformed.

―Free Trade Agreement country construction material‖ means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been
substantially transformed in a FTA country into a new and different construction material distinct from the materials
from which it was transformed.

―Least developed country construction material‖ means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been
substantially transformed in a least developed country into a new and different construction material distinct from the
materials from which it was transformed.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been
substantially transformed in a WTO GPA country into a new and different construction material distinct from the
materials from which it was transformed.

(b) Construction materials.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic
construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for
construction material that is a COTS item (See FAR 12.505(a)(2)). In addition, the Contracting Officer has
determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy
American Act restrictions are waived for designated county construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract,
except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial
item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate ``none'']

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause
if the Government determines that--
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                                                                                                           Page 47 of 56

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction
material subject to the restrictions of the Buy American Act is unreasonable when the cost of such material exceeds
the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be
impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and
reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause
shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph
(b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price
comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty
(whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor
could not reasonably foresee the need for such determination and could not have requested the determination before
contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a
determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the
Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the
contract to allow use of the foreign construction material. However, when the basis for the exception is the
unreasonable price of a domestic construction material, adequate consideration is not less than the differential
established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign
construction material is noncompliant with the Buy American Act.
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(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the
Contractor shall include the following information and any applicable supporting data based on the survey of
suppliers:

                    Foreign and Domestic Construction Materials Price Comparison
----------------------------------------------------------------------------------------------------------------
  Construction material description              Unit of measure                  Quantity               Price (dollars) \1\
----------------------------------------------------------------------------------------------------------------
Item 1:
   Foreign construction material.... ....................... ....................... .......................
   Domestic construction material... ....................... ....................... .......................
Item 2:
   Foreign construction material.... ....................... ....................... .......................
   Domestic construction material... ....................... ....................... .......................
----------------------------------------------------------------------------------------------------------------
\1\ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free
  entry certificate is issued).
List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral,
  attach summary.
Include other applicable supporting information.

(End of clause)



52.232-18      AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent
upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability
on the part of the Government for any payment may arise until funds are made available to the Contracting Officer
for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the
Contracting Officer.

(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** TBD.

(b) Weather conditions** TBD.

(c) Transportation facilities** TBD.

(d) Other pertinent information** TBD .

(End of clause)

**NOTE: Information will be provided in each individual Task Order.
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52.252-2     CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may
be accessed electronically at this/these address(es): http://farsite.hill.af.mil

(End of clause)



52.252-6    AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an
authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR) clause with an
authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)



252.236-7001       CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications,
except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by
the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly
necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not
relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall
perform such details as if fully and correctly set forth and described in the drawings and specifications.
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(e) The work shall conform to the specifications and the contract drawings identified on the following index of
drawings:

Specified on Individual Task Orders.

(End of clause)



LOCAL CLAUSE 5152.203-4000, DOD IMPLEMENTATION OF THE DISCLOSURE REQUIREMENT
UNDER FAR CLAUSE 52.203-13 (APR 2009)

FAR Clause, 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008), mandates that a Contractor
shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the contracting
officer, certain violations of criminal law, violations of the civil False Claims Act, or a significant overpayment.
Within the DoD, the designated "agency Office of the Inspector General" is the DoD OIG at the following address:

Office of the Inspector General
United States Department of Defense
Investigative Policy and Oversight
Contractor Disclosure Program
400 Army Navy Drive, Suite 1037
Arlington VA 22202-4704
Toll Free Telephone: 866-429-8011

(End of clause)

5152.209-4000     DOD LEVEL I ANTITERRORISM (AT) STANDARDS (FEB 2009)

(a) Pursuant to Department of Defense Instruction Number 2000.16, ―DoD Antiterrorism (AT) Standards,‖ dated
October 2, 2006, each contractor employee requiring access to a Federally-controlled installation, facility and/or
Federally-controlled information system(s) shall complete Level I AT Awareness Training on an annual basis and
receive a certificate of completion. The training is accessible from any computer and is available at
https://atlevel1.dtic.mil/at/. The contractor is responsible for ensuring that all applicable employees have completed
antiterrorism awareness training and shall certify that their workforce has completed the training through the
submission of completion certificate(s) to the Contracting Officer and the Contracting Officer’s Representative (if
appointed) within five working days after contract award or prior to access to a Federally-controlled installation or
information system.

(b) In the event that the automated system at https://atlevel1.dtic.mil/at/ is not available (e.g., server problems),
Level I AT Awareness Training can be provided by a qualified instructor. However, if the training is not completed
online, the Level I AT Awareness Instructor qualification must be coordinated with the Installation Antiterrorism
Officer (or Installation Security equivalent) and the resultant name(s) of approved instructors shall be provided the
contracting officer or designee along with all associated cost or schedule impacts to the contract.

(c) Antiterrorism performance (Level I AT Awareness Training attendance and compliance) may be documented as
a performance metric under the resultant contract, and be part of past performance information in support of future
source selections.

(End of clause)
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Section 00800 - Special Contract Requirements


1. INSPECTION AND ACCEPTANCE:

1.1. Pre-Final and Final Inspection

1.1.1. The Government will conduct a Pre-Final Inspection or perform Quality Control inspections on the work. It is
the Contractor’s responsibility to perform daily quality control inspection in preparation for the final inspection.
Therefore, the Government retains the right to cease final inspection if excessive deficiencies are noted.

1.1.2. Prior to requesting the Government’s final inspection, the Contractor must ensure compliance with all project
requirements to include but not limited to the following:

1.1.2.1. Submit specific warranties, workmanship/maintenance bonds, maintenance agreements, final certifications
and similar documents.

1.1.2.2. Deliver tools, spare parts, extra stocks of materials, and similar physical items to government.

1.1.2.3. Complete start-up testing of systems, and instructions of the Government's operating/maintenance
personnel. Discontinue (or change over) and remove from project site temporary facilities and services, along with
construction tools and facilities, mock-ups, and similar elements.

1.1.2.4. Submit an approved DD Form 1354, Transfer and Acceptance of DoD Real Property, to the DPW Real
Property Division.

1.1.2.5. Submit final as-builts at the Final Inspection.

1.1.2.6. When Contractor considers the work has reached final completion, they shall submit written certification
that the contract documents have been reviewed, the work has been inspected, and that the work is complete in
accordance with the contract documents and ready for final inspection.

1.1.2.6.1. Upon receipt of the Contractor's request, the Government will either proceed with inspection or advise
Contractor of prerequisites not fulfilled. Inspection shall not be scheduled until all of the Contractor’s prerequisites
have been fulfilled.

1.1.2.6.2. Contractor shall provide the Contracting Officer (KO) with a requested date for final inspection, in
writing, not less than five working days prior to the proposed date of final inspection. The KO will coordinate with
the members of the inspection party and establish the final inspection date. If construction deficiencies are identified,
the Contractor must request re-inspection upon correction of the deficiencies. Suspense date will be mutually
determined at final inspection.

1.2. Inspections and acceptance of work, services/deliverables will be accomplished by the Contracting Officer’s
Representative (COR) as specified in each task order.

1.3. Documents

1.3.1. The Government will provide specifications, drawings, and other project related documents. However,
construction projects may or may not require incidental professional design services (i.e., shop drawings).

1.4. Specifications

1.4.1. The Contactor shall check all specifications furnished and promptly notify the KO, in writing, of any
discrepancies. Written notifications must be submitted in a Request for Information (RFI) format.
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1.5. Drawings

1.5.1. The Government will provide drawings depicting project requirements. Drawings may contain details and
notes that may not be covered in the specifications.

1.5.2. The Contactor shall check all drawings furnished and promptly notify the KO, in writing, of any
discrepancies. Written notifications must be submitted in a Request for Information (RFI) format.

1.5.3. Omissions from the drawings or specifications or the misdescription of details of work that are manifestly
necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not
relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall
perform such details as if fully and correctly set forth and described in the drawings and specifications.

1.6. Liquidated Damages. Amount assessed shall be indicated in the individual RTOPs at FAR Clause 52.211-12,
Liquidated Damages-Construction.

1.7. Deliverables. Except as specified or directed otherwise, the Contractor shall provide all deliverables, plans,
schedules, etc. to the Contracting Officer. All plans, schedules, etc., must be reviewed and approved in writing by the
Contracting Officer except as specified otherwise herein or as otherwise delegated by the Contracting Officer.

2. CONTRACT PERIOD. The ordering period is date of award through five (5) years unless sooner terminated
under the terms of the contract.

3. CONTRACT ADMINISTRATION

a. In no event shall any understanding or agreement, contract modification, change order, or other matter in deviation
from the terms of this contract between the Contractor and a person other than the Contracting Officer responsible
for administration of the contract be effective or binding upon the Government. All such actions must be formalized
by a proper contractual document executed by the Contracting Officer.

b. The MICC-Fort Benning is responsible for contract administration of this contract.

         Mission and Installation Contracting Command (MICC)
         Installation Contracting Office
         ICO – Fort Benning, ATTN: CCMI-BEN
         6650 Meloy Drive
         Bldg 6 Suite 250
         Fort Benning, GA 31905-1300

c. The Contracting Officer, Fort Benning, Georgia, is the only person authorized to direct changes in any of the
requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said
authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the
direction of any person other than the Contracting Officer, the change will be considered to have been made without
authority and solely at the risk of the Contractor. The Contractor shall ensure that all Contractor personnel are
knowledgeable and cognizant of this contract provision.

d. All contract administration associated with individual task orders will be performed by the ordering office issuing
the task order, unless otherwise designated.


4. INVOICES AND PAYMENTS

Wide Area Work Flow (WAWF)
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                                                                                                          Page 53 of 56


a. All contractor invoices and receiving reports are required to be submitted electronically in accordance with
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Contractors shall submit
invoices through the WAWF System at https://wawf.eb.mil/.

b. The Government will be using WAWF to accept/approve invoices and receiving reports. Payment will not be
made unless and until both the contractor and the Government WAWF submissions are submitted and processed
correctly. Contractor invoices must reflect the contract line item numbers (CLINs) contained in the contract. Proper
invoices also must reflect the prices stipulated in the contract and the service or supply must be delivered, inspected
and accepted.

c. An interactive self-paced training module is available for both contractor and Government personnel at
http://wawftraining.com to learn how to use WAWF. WAWF also offers customer support and/or assistance at 1-
866-618-5988.

d. Additional information on invoicing and payments may be expanded on in individual task orders.


5. FINAL PAYMENT FOR TASK ORDERS. Before final payment for Task Orders will be made, all contractors’
payrolls to include their subcontractors, SF 1413 Statement of Acknowledgement for each subcontractor, material
submittals, progress reports, daily reports, test reports, as-built drawings, and release of claims must be received by
the Government.

6. INSURANCE - WORK ON A GOVERNMENT INSTALLATION

INSURANCE SCHEDULE (IAW FAR 28.310(a)): In accordance with clause 52.228-5, "Insurance--Work on a
Government Installation" incorporated in Section 00700, Contract Clauses, the Contractor shall secure, pay the
premiums for and keep in force until the expiration of this contract, and any renewal thereof, adequate insurance
required by this contract. The Contractor shall maintain the following types of insurance, minimum amount, and
coverage listed below at all times, not just when there is an active Task Order.:

    KIND                                               AMOUNTS (FAR 28.307-2)
    Workmen’s Compensation                             $100,000

    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

NOTE: Issuance certificates shall reference individual task order number and project name.


7. APPLICABLE WAGE DETERMINATIONS: Applicable Davis-Bacon wage rates or Service Contract Act
wages will be identified for all Task Orders issued under this contract current as of the time of award of the Task
Order. Contractors shall comply with the applicable Acts and related clauses at the Task Order level with each
individual Task Order.

Wage Determinations may be found for Davis-Bacon at: http://www.gpo.gov/davisbacon/MI.html and;

Wage Determinations may be found for Service Contract Act at: http://www.wdol.gov/sca.aspx


8. DAVIS-BACON-SECONDARY SITE OF THE WORK: In accordance with FAR 52.222-5, this provision will
apply at the Task Order level.
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                                                                                                        Page 54 of 56



9. BID BONDS. Unless otherwise stated in the RTOP, Bid Bonds are not required.


10. FEDERAL HOLIDAYS

The following days are legally recognized holidays:

New Year's Day                               1 January
Martin Luther King Jr.'s Birthday            3rd Monday in January
President's day                              3rd Monday in February
Memorial Day                                 Last Monday in May
Independence Day                             4th of July
Labor Day                                    1st Monday in September
Columbus Day                                 2nd Monday in October
Veteran's Day                                11th of November
Thanksgiving Day                             4th Thursday in November
Christmas Day                                25 th December

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a
legal holiday. When a legal holiday falls on a Saturday, the proceeding Friday is observed as a legal holiday. This
list of holidays relates to Government duty days and is not intended to supplement or otherwise alter the provisions
of any Wage Determination regarding applicable paid holidays.

In addition to the days designated as holidays, the Government observes the following days:
         – Any other day designated by federal statute
         – Any other day designated by Executive Order
         – Any other day designated by Presidential Proclamation

It is understood and agreed between the Government and the Contractor that observance of such days by
Government personnel shall not be a reason for an additional period of performance, or entitlement of compensation
except as set forth within the contract.

NOTE: Individual task orders will be more specific if work is allowable on federal holidays.

11. ORDERING PROCEDURES FOR TASK ORDERS

a. Authority to Place Task Orders: The ICO – Fort Benning is hereby delegated authority to award and administer
task orders under this procurement. We reserve the right to delegate authority to other contracting centers.

b. Fair Opportunity: In accordance with FAR 16.505(b), the Contracting Officer will give all awardees a ―fair
opportunity‖ to be considered for each order.

c. Unauthorized Work: The Contractor is not authorized to commence task order performance without a signed task
order or direction by a Contracting Officer. Notwithstanding any of the other provisions of this contract, a
Contracting Officer shall be the only individual authorized on behalf of the Government to:

         –     Accept nonconforming work;
         –     Waive any requirement of the task order; or,
         –     Modify any term or condition of the task order.

Only the Contracting Officer is authorized to waive or modify any term or condition of the contract.
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d. Request for Task Order Proposal (RTOP) or similar requests, will be used by the Government when requesting
responses to Task Order requirements. Oral requests may be issued when the requirements are urgent. The RTOP
will include submission requirements, evaluation criteria, and other information specific to the requirement.

e. Evaluations at the Task Order Level: Task Orders may be evaluated using any evaluation approach consistent
with FAR procedures. The RTOP will identify the evaluation approach. Projects that include design-build will be
evaluated utilizing the policies and procedures in FAR subpart 36.3.

f. Approximately ninety (90%) of the projects will be Design-Build. These types of projects will require the
contractor to provide professional engineering services in order to produce and complete the final/stamped design
documents off of the Government’s concept documents. The Contractor will also be required to construct the project
based on the contractor produced/ government approved final/stamped design documents. Compliance with the
Brooks-Act is mandatory; therefore, Task Orders solely for design services, or to produce 0-100% design documents
will not be issued.

g. Approximately ten percent (10%) of the projects will be construction, which may or may not require incidental
professional design services (i.e., shop drawings). These projects will be built in accordance with government
provided specifications, drawings, and other project related documents.


12. ADDITIONAL TERMS AND CONDITIONS: Additional terms and conditions will be included at the task order
level.

13. IDIQ OMBUDSMAN: The Task Order Contracting Officer should be the first point of contact for industry
seeking resolution of issues. The IDIQ ombudsman required by FAR 16.505(b) is Brenda J. Clark, Deputy Director,
MICC-Fort Benning, Georgia. The ombudsman represents an impartial authority outside of the task order-
contracting office and has ultimate authority to review and adjudicate issues regarding task order awards under this
contract. Telephone number for requests for information, or questions from the IDIQ Ombudsman is (757) 788-
5855. A formal letter will be sent to all awardees in the event that the IDIQ Ombudsman’s contact information
changes.

14. SITE VISIT: In accordance with FAR 52.236-27, an organized site visit will be scheduled for the Seed Project
and each proposed individual Task Order.

15. TASK ORDER PRE-CONSTRUCTION CONFERENCE: At the sole discretion of the KO, a pre-construction
conference will be scheduled after receipt and approval of the Performance and Payment bonds, Environmental
Protection Plan, and other required pre-construction submittals as indicated in the TO. Conference shall be held
prior to issuance of the NTP. The MATOC contractor’s superintendent, key subcontractors, safety representative
and other contractor key personnel that will be assigned to the TO work shall be present at the meeting. The
MATOC contractor will be required to furnish a letter appointing a construction superintendent, and their alternate,
at the meeting. Letter shall include the individual’s name and POC information in which they can be reached 24
hours a day.

15.1. Design-Build: The pre-design conference will be scheduled after receipt and approval of the Performance and
Payment bonds and other required pre-design submittals as indicated in the TO. Conference shall be held prior to
issuance of the NTP - Design. The MATOC contractor’s superintendent, key design subcontractors, safety
representative and other contractor key personnel that will be assigned to the TO work shall be present at the
meeting. The MATOC contractor will be required to furnish a letter appointing a project superintendent, and their
alternate, at the meeting. Letter shall include the individual’s name and POC information in which they can be
reached 24 hours a day.

15.2 The pre-construction conference shall be held after submission and government approval of all 95% design
submittal documents and prior to issuance of NTP - Demolition, or as otherwise indicated in the TO.
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15.3. Safety : The level of details for safety is dependent upon the nature of the work and the potential inherent
hazards. The Contractor shall be prepared to discuss, in detail, the measures they intend to take in order to control
any unsafe or unhealthy conditions associated with the work to be performed. The Contractor shall assume all
responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of
personnel during the execution of work and shall hold the Government harmless for any action on his part or that of
his employees or subcontractors, which results in illness, injury, or death.

16. NOTICE TO PROCEED: Design-Build/Construction: Unless otherwise indicated in the TO, only one NTP
shall be issued. Performance and Payment Bonds, Environmental Protection Plan, and other required submittals shall
be submitted and approved by the KO prior to issuance of the NTP.

17. SUBMITTALS: The Contractor shall be responsible for providing all submittals within 14 calendar days after
NTP for each TO issued. Unless otherwise stated, the Contractor shall submit five (5) copies of all required data.
Two (2) copies will be kept by the Government and three (3) copies will be returned to the Contractor. Contractor
shall comply with Submittal Procedures.

18. ENVIRONMENTAL PROTECTION PLAN: As indicated at the individual TO level, the contractor shall be
responsible to follow the guidelines identified in Spec 01564 Environmental Protection and Spec 010020 Green
Procurement.

19. RESUBMITTALS: The Government may request contractor to resubmit any design documents/phases due to
numerous design deficiencies, errors, or omissions. Contract extension shall not be granted for resubmittals due to
these circumstances.

				
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