Bid Price Worksheet Drywall - DOC by mif14341


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									    SOLICITATION, OFFER,                 1. SOLICITATION NO.                 2. TYPE OF SOLICITATION          3. DATE ISSUED                PAGE OF PAGES
        AND AWARD                                                              X SEALED BID      (IFB)        26-Mar-2009
                                         W912KC-09-B-0002-0002                                                                                     1 OF   39
 (Construction, Alteration, or Repair)                                             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.
                                              F8R3CE9078A002                                                    JLSQ072002

7. ISSUED BY                           CODE     W912KC                             8. ADDRESS OFFER TO         (If Other Than Item 7) CODE
W912KC - 171 ARW / MSC
300 TANKER ROAD #4204
CORAOPOLIS PA 15108-4204
                                                                                       See Item 7

TEL: 412-776-7660                        FAX: 412-776-7663                           TEL:                                     FAX:
9. FOR INFORMATION              A. NAME                                                     B. TELEPHONE NO.      (Include area code)        (NO COLLECT CALLS)
CALL:                           CONTRACTING                                                 412-776-7660


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):
 Work shall be performed in accordance w ith the applicable plans and technical specifications.


 Order of Magnitude is Betw een $1,000,000 and $5,000,000.


                                                     10                                            240
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.     (See _________________________ .)
(If "YES," indicate within how many calendar days after award in Item 12B.)
        X YES         NO

                                    1                                                                                          01:00 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)
                05 May 2009
   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.
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.)


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)



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

                                                                   AWARD (To be completed by Government)

22. AMOUNT                               23. ACCOUNTING AND APPROPRIATION DATA

(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

NSN 7540-01-155-3212                                                                                                         STANDARD FORM 1442 BACK                      (REV. 4-85)
                                                                                                          Page 3 of 37


SOLICITATION #: W912KC-09-B-0002
PROJECT: Repair Squadron Operations (Bldg 107)



Q1) Under section 08-52 00 Aluminum windows par.3.02, will the testing of (3) windows be required on site or can
this be covered under the submittal process?

A1) Field testing of the windows will not be required. Include submittal data indicating the windows compliance.

Q2) The specification gives a sq. ft. requirement of both office space and storage space and drawing C-100 shows
quantity of trailers are we to assume that the office space is link together or are they separate units and can it be it be
more then (6) to meet the requirements?

A2) After researching standard configurations and locally available products, the requirement for temporary office
trailers shall be two each, nominal 24x60 double wide office trailers and a one each, nominal 12 x 60 office trailer.
This is a total of 3,600 SF.

Q3) Under the specification 01-45 40 can the system be tested separate within the 60 day period or is each system to
have a 60 day time frame?

A3) I believe these requirements are clearly stated in the specification, but I will summarize them in this response.
This response does not change the requirements of Section 01 45 40. The Contractor is responsible to submit a list
of all systems requiring testing no later than 60 days from the notice to proceed. When the list is approved, the
Contractor is to submit test plans for all systems on the list. The tests are to be conducted when systems are
completely installed for the entire system. There is to be 14 days notice of system testing. This section also limits
the percentage of a system that will be considered complete based on the status of the list, test plans, and completion
of testing.

Q4) The carpet rep is saying they never heard of the carpet tile that is in the specifications.

A4) It was confirmed that this is an obsolete product. Substitute Milliken ―Colorweave‖ series or any equal product
meeting the specifications and approximate appearance in color and pattern selection.

Q5) On drawings A-200 & A-210 reflected ceiling plan there is the symbol O the description is ceiling
mounted or recessed can fixture. If we are removing cleaning and re-lamping we will need what type of lamp
to bid. If the new fixture bid is accepted we will need to know what to supply. Please note that this fixture type
is shown on A-200 & A-210 in vestibule 124 but not on drawing E-100.

A5) General note 3 on A-200 indicates to remove existing lights in ceiling grid areas. Drywall ceiling areas
will not have light fixtures removed. This leaves only 8 of this fixture type in rooms 152 & 153. These 8
fixtures will be removed and reinstalled without re-lamping. The additive bid item will not include these

Q6) Need clarification for tapered roof, specs. Call for min. ¼‖ per foot and min R20 insulation. This would
put the height of insulation at section 2/A-501 at 14 ½‖. Are we to build up gravel stop? Also on g-001,
alternate bid items, ABI #6, upgrade to white membrane, is this rubber or TPO?
                                                                                                  Page 4 of 37

A6) A. This roof has sloped steel. The roof steel from column line 1 slopes approximately 3 1/8‖ to column
line 2A. On the main roof, the roof steel from column row J slopes 12‖ over approximately 41’-6‖ to the east
to a load bearing wall and from column row F slopes 12‖ over approximately 50’ to the west to the same load
bearing wall. On the eastern section of the roof the steel slopes from column row E 7‖ over approximately 20’
to column row C and 7‖ from column row A over approximately 36’ to column row C. The sloped steel will
require significantly less tapered insulation than anticipated in the question. This information should be
sufficient for bidding purposes. The actual structural drawings will be reproduced and provided to the
successful contractor for detailed planning. B. Material shall be EPDM.

Q7) Reference Specification Section 015100, Construction Facilities, Section 2.01 B.1: Specifications state
that the contractor is responsible for ―providing wiring for telephones and computer networks‖.
Approximately how many telephone and computer wall jacks will the contractor be required to install?

A7) The goal is to have two telephone and two computer data wall jacks available in each room, regardless of
room size. Since the layout of the trailers is not yet determined, plan to allow for a total of 35 telephones and
35 computer data wall jacks total.

Q8) Reference Specification Section 075323, EPDM Roofing. Please identify the manufacturer and
installer of the existing roofing scheduled to remain. Is the existing roofing to remain covered under
any warranty and, if so, what are the contractor’s responsibilities for maintaining that warranty?

A8) The existing to remain roof is a Johns Manville system installed by Varga Roofing Inc, 1300 Renton
Road, Pittsburgh, PA 15239. The system was installed 11/30/03 and has a 20 year UltraGard Roofing Systems
Guarantee number ANE121026119. The new roofing shall be installed so that the existing to remain roofing
guarantee is not impacted. The Johns Manville Guarantee Services Regional phone number for the eastern
region is 800-345-9603.


Q1) On the bid form, can you clarify what 2 amounts include, sustainment repair portion and R&M repair

A1) Both portions comprise the ―Base Bid‖ and are for Contracting / Finance purposes only. If using this form
for your bid, simply annotate your bid on the sheet with the words ―BASE BID.‖ In the solicitation amendment
there will be additional line items (bid forms) for the Alternative Bid Items (ABIs) – see Q8.

Q2) When will the solicitation form 1442 be reissued without a draft mark?

A2) Whenever the DRAFT solicitation is approved by the higher level state contracting authorities.
NOTE: If necessary, the Contracting Officer will extend the bid due date to allow for sufficient time to
formulate / submit bids.

Q3) What will be the required to be submitted with this offer?

A3) The bids (base and ABIs); Certified bid bond; Tax Identification #; Online Representations and
Certifications Application (ORCA) Representations and Certifications (Reps and Certs).

Q4) What is the amount of the bid bond?

A4) The bid bond amount will be 20% of the bid price.
                                                                                                       Page 5 of 37

Q5) Is there a bid bond form?

A5) There is no federal bid bond form. I believe it is specific to the state where the bonding agent is located.

NOTE: The solicitation amendment will contain Provision 52.228-1 – Bid Guarantee (Sep 1996) -- which
will more fully explain the requirements.

Q6) Is there a form for alternates?

A6) No. A bid bond will be the only acceptable bid guarantee.

Q7) For work purposes, are we to assume that the every other Monday that the base closed?

A7) Specification section 01 00 00, 1.07, B indicates the work hours. The base is closed every other Monday.
A schedule of off-Monday’s and holidays will also be provided at the Pre-Construction conference.

Q8) Will the amendment show the Base bid and Alternative Bid Items (ABIs)?

A8) Yes. Bid form will be changed with lines for a base bid and each additive bid item.

SOLICITATION #: W912KC-09-B-0002
PROJECT: Repair Squadron Operations (Bldg 107)

                            (LAST REVISION – 29 APRIL 2009 – 10:00 AM EST)


Q1) May the conduit for the new RTU-1 be EMT inside the building? Is the conduit and wire to RTU-1 considered
a feeder or a branch conduit?

A1) The conduit shall be as specified, EMT inside the building and RGS for exposed exterior conduit. The
designation of a feeder or branch circuit is not relevant. The Architect Engineer sized the conduit, conductor, and
breaker. Bid as designed.

Q2) The north and part of the west elevations are to be completely re-pointed per specifications and elevation notes,
upon doing a site visit the joints are in very good condition. Does the owner want all the joints to be re-pointed or
pointing as necessary? Please clarify.

A2) Bid as per the specifications.

Q3) Under technical questions, Q7, 35 data and 35 telephone lines. Can you provide the locations that we are to get
the power and data/telephone service from?

A3) All phone and data drops for the temporary office facilities will originate from the current trailers adjacent to
the large parking lot. None will be pulled from Bldg. 107.

Q4) What size are the two conduits (going outside the building) shown in detail A/E0102 on page E-101?

A4) Conduits are 1 ¼‖ RGS.
                                                                                                      Page 6 of 37

Q5) Is detail 2/E-102 on drawing E-101 for both the conduits shown in detail A/E-102 going from room 119 to the
outside? What are we connecting too?

A5) After penetrating the wall the conduits run surface mounted to safety disconnect switches.

Q6) We require more information about panels ―EM‖, HP-E, LP-CR, & ―HP-CR‖, manufacture, series, voltage, etc.

A6) Required information for electrical panels is/was made available between the electrical plans and the project
site visits.

Q7) We will need a fixture schedule for ABI # 7. How are we to know what or how many ballast and bulbs to

A7) The existing fixtures match the new requirements for quantities, unless noted. Ballasts and lamp requirements
for the existing fixtures shall match those specified for the new fixtures.

Q8) On drawing E-100 in Note #1 it says to remove all speakers and fire detection devices, store them and reinstall.
What drawing will we find the speakers on? None of the electrical or fire alarm drawings show existing speakers.

A8) Drawing A-200.

Q9) On drawing E-101 it shows one place that we are to build a frame for installing antennas on but on drawing A-
600 it shows three places to build frames for antennas, please advise.

A9) There are three new antenna racks as shown on A-600.

Q10) On drawing E-200 in room 109 it shows two UHF Radio Speakers. What size and manufacture do you want?
What type wire do you want us to run to it? Where is the head end equipment for the speakers?

A10) Speakers are to be 8‖, ceiling mounted, high impedance, 70V, with integral volume control. Speakers are to be
equipped with back enclosure. Run empty ¾‖ conduit from the speaker to the 4‖ snake tray and bond conduit to
snake tray. Speakers should be comparable to Atlas Sound SD72WV, Bogen S810T725PG8UVK, or equal.
Speakers shall be supported from the ceiling grid system and not the ceiling tile.

Q11) On drawing FA-101 is the ―H‖ in a dashed circle a heat detector? On drawing FA-001 under the Fire Alarm
Legend an ―H‖ in a dashed square is a heat detector.

A11) The ―H‖ in a dashed circle on drawing FA-101 is a heat detector.

Q12) Reference Drawings A-100, A-101, A-300 and A-600: Drawings A-100 and A-101 indicate that the
double doors into Mechanical Room 119 are to be removed and replaced as per the door schedule on
Drawing A-300. The door schedule indicates that this opening is to receive a new hollow metal frame
and insulated hollow metal doors. However, the South Elevation Detail 7 on Drawing A-600 appears
to show a new aluminum framed door with glazing. This detail is referenced on Drawing A-101 at the
doors to Equipment Storage Room 134. The Drawings do not indicate that this door is to be replaced.

See sub-questions a through f. RESPONSE after each question.

b) Please confirm that no work is to be performed on the exterior door to Room 134.
RESPONSE: There is no work on the exterior door to Room 134. The detail reference 7/A600 on drawing A-101
should be facing west to the door at the end of corridor 125. This door is to have the masonry around the door
repaired as indicated in the detail 7/A-600 on A-600. Detail 7/A-600 on A-600 is actually the EAST elevation and
incorrectly references detail 6/A-600.
                                                                                                    Page 7 of 37

c) Please confirm that the doors shown on Detail 7/A-600 are the doors into Room 119.
RESPONSE: Detail 7/A-600 is not for the door into room 119. It applies as described above.

d) Please also confirm that Room 119 is to receive a new hollow metal frame and insulated hollow
metal door as shown on the door schedule.
RESPONSE: Correct.

e) Please confirm that the only aluminum framed entrance to be removed and replaced is the exterior
door to Room 144.
RESPONSE: Correct.

f) Please confirm that the only door openings to receive new lintels are the exterior door opening to
Room 144 and the exterior door opening to Room 119.
RESPONSE: The door to 119 does not receive a new lintel. Only the door to 144 receives a new lintel as
scheduled in the lintel schedule in the structural drawings.

Q13) The window manufacturer has indicated that the window width of 40" exceeds the maximum of 36"
Due to the excessive weight of the glass, even a 36" width is too much weight for the hardware.
The factory is recommending using a project out window with fixed above (1/3 - 2/3 configuration).The
manufacturer also expressed that they cannot use SOLAR BAN 60 LOW E with the specified glass
make up. They can only use a Hardcoat LOW E.

A13) Change specification Section 08 52 00 paragraph 1.03C to the following:
C. Glazing and Glazing Systems Subjected to Airblast Loadings: The test specimen shall be tested in accordance
with ASTM F 1642. The test specimen shall receive a minimum "Low Hazard" rating per ASTM F1642-04, a
"Performance Condition 2" per GSA, and a "Low Level of Protection" per UFC 4-010-01 for the explosive weight
and standoff distance specified in the AT/FP Notes on S-001.

Change Specification Section 08 52 00 paragraph 2.02A to the following:
A. Window Type: Blast resistant 40 inch wide by 60 inch tall split casement with 16 inch (400mm) fixed, side lite
and 24 inch (600mm) vent.

Change the pressure given in Specification Section 08 80 00 paragraph 1.03B1. to the following:
1. Use equivalent 3-second design pressure of 160 psf as defined in ASTM F2248.

Change Specification Section 08 80 00 paragraph 2.08A to the following:
A. Glass Type : Low-e-coated, tinted, insulating laminated glass of the type and thickness specified below or as
necessary to satisfy the Performance Criteria; Alternate laminate and/or thickness combinations may be requested in
order to conform to the configuration of the tested units if approved by the Contracting Officer in writing prior to
fabrication and construction.
 1. Overall Unit Thickness: 1 inch (25 mm).
 2. (not used)
 3. Outdoor Lite: Clear float glass.
          a. Thickness of Glass Ply: 3/16 inch (5mm) min.
          b. Interlayer Thickness: none
          c. Color: Gray.
 4. Interspace Content: Argon.
 5. Indoor Lite: Clear laminated glass with two plies of float glass.
          a. Thickness of Each Glass Ply: 3/16 inch (5 mm) min.
          b. Interlayer Thickness: 0.090 inch (2.3 mm).
 6. Low-E Coating: Pyrolytic on third surface.
 7. Visible Light Transmittance: 51 percent minimum.
 8. Winter Nighttime U-Factor: 0.24 maximum.
                                                                                                         Page 8 of 37

 9. Summer Daytime U-Factor: 0.22 maximum.
10. Solar Heat Gain Coefficient: 0.35 maximum.
11. Provide safety glazing labeling.

Q14) Can you provide specification for the Variable Frequency Drives for the hydronic pumping system?

A14) The separate loose VFD specified for the Air Handling Units would be acceptable to use for the chilled and hot
water pump application. The features and accessories would be the same.

Q15) Spec. section 23 31 13 (pg 4) item 2.3 "Sheet Metal Materials" sub section "C" 1, calls for Factory- or Shop
applied Antimicrobial Coating to be applied to the interior of the duct.

Question # 1: Is this required? What treated product is to be used? Nothing is referenced in spec.

Question # 2: What untreated product is to be used on the exterior surface? Nothing is referenced in spec.

A15) Specification section 23 31 13 Paragraph 2.3, sub section C, Factory- or Shop-applied antimicrobial coating is
deleted from this project. No factory or shop applied antimicrobial coating is required.


Q1) Reference website: The website includes a document entitled Q&A-1.doc,
Questions & Answers – ONE as well as copies of the pre-bid attendance logs and Project Engineer’s Notes. Will
these documents be incorporated into the contract documents via Amendment on an SF30 or are they to be
considered informational only?

A1) Both Questions & Answers – ONE and Questions & Answers – TWO will be incorporated into the second
solicitation amendment. This will be posted to website NOT LATER THAN the a.m. of

Q2) Reference website: The website includes a document entitled
Attendance-Log_PE-Notes.pdf. Item 2.c of the notes indicates ―furniture will remain except for
computers, telephones and most personal possessions.‖ In order to allow all contractors to prepare
equivalent estimates, can you provide an estimated quantity of furniture that will require protection
during construction? Additionally, will the contractor be held responsible for any loss or damage to
personal possessions remaining?

A2) There is no response to the estimated quantity of furniture to remain. The site visits provided ample
opportunity for Contractor’s to evaluate this issue. The Contractor will he held responsible for loss or damage to all
items remaining.

Q3) Reference Solicitation Amendment One: Amendment One was issued on a Standard Form 1442,
Solicitation, Offer and Award in lieu of a Standard Form 30, Amendment of Solicitation/Modification
of Contract. Please confirm this new solicitation is intended to entirely replace the original solicitation.

A3) Yes. SF30’s only show the parts of the original solicitation that were changed. I wanted to post the
solicitation with all of the changes in it entirety.

Q4) Reference Solicitation Amendment One: The Bid Form included (Pages 4-9 of 32) with Amendment
One shows Item No 0003 is a Net Amount for Additive Bid Items. Is this amount intended to be a grand total of Item
No’s 0003AA-0003AG?
                                                                                                         Page 9 of 37

A4) Line Item # 0003 is basically a header for all of the ABIs – 0003AA to 0003AG. You do not need to put
anything in the line next to item 0003.

Q5) Reference Solicitation Amendment One and Specification Section 01 51 00: The Bid Form
included (Pages 4-9 of 32) with Amendment One shows Item No 0003AA is a Net Amount for ―Add
temporary office trailers, storage trailers, Latrines, and electrical connection for trailers.‖ The
specifications indicate these facilities are to be included in the Base Bid. Please advise which is correct.

A5) The temporary office trailers, storage trailers, latrines, and electrical connection for trailers are in ABI #1. The
specifications are not correct.

Q6) Reference Solicitation Amendment One and Drawing G-001: The Bid Form included (Pages 4-9 of
32) with Amendment One shows Additive Bid Items 1-4 and 6-8. Drawing G-001 refers to Additive Bid Items 1-7.
Please advise which is correct.

A6) The ABIs were numbered incorrectly in Amendment One. They are corrected in Amendment Two.

Q7) Please clarify bid Items 0001 and 0002. If the contractor puts the base bid number in for Bid Item 0001; is Bid
Item 0002 to be left blank?

A7) Please see document ―Questions & Answers – ONE,‖ question Q1 under the ―Contracting Questions‖ section.
Q8) Is attendance mandatory for the Public Bid Opening? What are the requirements for attending?

A8) Attendance is NOT mandatory. The same as the requirement as for attendance at either site visit.
Recommend arriving at the front gate at least 15 minutes before the Bid Opening if you are hand delivering
your bid.

Q9) What will be the required to be submitted with this offer?

A9) The bids (base and ABIs); Copy of first page of SOLICITATION AMENDMENT TWO with sections 8
and 15 completed; Certified bid bond; Tax Identification #; Online Representations and Certifications
Application (ORCA) Representations and Certifications (Reps and Certs).
                                                                                                 Page 10 of 37

    Section 00010 - Solicitation Contract Form

    Section 00010 – PROPOSAL PREPARATION

    1. Instructions for the preparation of proposals are located in Sections 00010 and

    2. Offerors shall adhere to the insurance requirements contained in this solicitation
    (Contract Clause FAR 52.228-15). Certification of the required coverage for the prime
    contractor shall be furnished prior to beginning work on this contract, and the
    Contracting Officer may request evidence of the required insurance at any time during
    the life of the contract.

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

    4. In accordance with FAR 28.102-1, the contractor will be required to submit: Payment
    Bond and Performance Bond.

    5. Liquidated Damages Schedule
    One time legal fee of $260
    Daily cost of $275 to cover Civil Engineer Project Manager Fees (3 hrs @ $35/hr),
    Government Inspector Fees (4 hrs @ $20/hr), and Contracting Officer Fees of (3 hrs @

    End of Section 00010

0001                                    1             Lump Sum
          Sustainment Repair portion

          Perform all work as specified in accordance with (IAW) the applicable Plans and
          Technical Specifications.
          FOB: Destination
          NSN: Z119-00-000-0001
          MILSTRIP: F8R3CE9078A002
          SIGNAL CODE: A
                                                                                                      Page 11 of 37

ITEM NO   SUPPLIES/SERVICES  QUANTITY                      UNIT              UNIT PRICE                         AMOUNT
0002                             1                       Lump Sum
          R&M Repair portion

          Perform all work as specified in accordance with (IAW) the applicable Plans and
          Technical Specifications.
          FOB: Destination
          NSN: Z119-00-000-0002
          MILSTRIP: F8R3CE9078A002
          SIGNAL CODE: A

                                                                   NET AMT – BASE BID


          SEE sub-CLINS (0003AA through 0003AG)

          NSN: Z119-00-000-0003
          MILSTRIP: F8R3CE9078A002
          SIGNAL CODE: A

ITEM NO   SUPPLIES/SERVICES            QUANTITY            UNIT              UNIT PRICE                         AMOUNT
0003AA                                    1              Lump Sum
          ABI - 1 TRAILERS
          Add temporary office trailers, storage trailers, Latrines, and electrical connection
          for trailers. REFERENCE DRAWING G-001.
          FOB: Destination
          MILSTRIP: F8R3CE9078A002
          SIGNAL CODE: A

                                                                            NET AMT
                                                                                             Page 12 of 37

ITEM NO   SUPPLIES/SERVICES           QUANTITY           UNIT             UNIT PRICE                   AMOUNT
0003AB                                   1
          ABI - 2 - BOILER
          Use 85% efficiency boiler in lieu of 87%. REFERENCE DRAWING G-001.
          FOB: Destination
          MILSTRIP: F8R3CE9078A002
          SIGNAL CODE: A

                                                                         NET AMT

ITEM NO   SUPPLIES/SERVICES           QUANTITY           UNIT             UNIT PRICE                   AMOUNT
0003AC                                   1
          ABI - 3 - AHU
          Add AHU blender, increase to Merv 13 filters, and add aspirating diffusers.
          REFERENCE DRAWING G-001.
          FOB: Destination
          MILSTRIP: F8R3CE9078A002
          SIGNAL CODE: A

                                                                         NET AMT

   ITEM   SUPPLIES/SERVICES           QUANTITY           UNIT             UNIT PRICE                   AMOUNT
0003AD                                 1
          ABI - 4 HW / CW PUMPS
          Provide redundant HW and CW pumps in lieu of shared third pump. REFERENCE
          DRAWING G-001.
          FOB: Destination
          MILSTRIP: F8R3CE9078A002
          SIGNAL CODE: A

                                                                         NET AMT
                                                                                            Page 13 of 37

ITEM NO   SUPPLIES/SERVICES        QUANTITY          UNIT           UNIT PRICE                        AMOUNT
0003AE                                1
          ABI - 5 WATER HEATER
          Add replacement of domestic water heater and pump. REFERENCE DRAWING
          FOB: Destination
          MILSTRIP: F8R3CE9078A002
          SIGNAL CODE: A

                                                                   NET AMT

   ITEM   SUPPLIES/SERVICES        QUANTITY          UNIT           UNIT PRICE                        AMOUNT
0003AF                                   1
          ABI - 6 ROOF MATERIAL
          Upgrade to white membrane roofing material. REFERENCE DRAWING G-001.
          FOB: Destination
          MILSTRIP: F8R3CE9078A002
          SIGNAL CODE: A

                                                                   NET AMT

          SUPPLIES/SERVICES        QUANTITY          UNIT           UNIT PRICE                        AMOUNT
0003AG                                         1
          ABI - 7 LIGHT FIXTURES
          Re-use existing light fixtures in lieu of providing new. REFERENCE DRAWING
          FOB: Destination
          MILSTRIP: F8R3CE9078A002
          SIGNAL CODE: A

                                                                   NET AMT
                                                                                       Page 14 of 37


Supplies/services will be inspected/accepted at:

CLIN     INSPECT AT                            INSPECT BY   ACCEPT AT                   ACCEPT BY
0001     N/A                                   N/A          N/A                         Government
0002     N/A                                   N/A          N/A                         Government
0003     N/A                                   N/A          N/A                         Government
0003AA   N/A                                   N/A          N/A                         Government
0003AB   N/A                                   N/A          N/A                         Government
0003AC   N/A                                   N/A          N/A                         Government
0003AD   N/A                                   N/A          N/A                         Government
0003AE   N/A                                   N/A          N/A                         Government
0003AF   N/A                                   N/A          N/A                         Government
0003AG   N/A                                   N/A          N/A                         Government


CLIN     DELIVERY DATE                QUANTITY        SHIP TO ADDRESS                     UIC

0001     POP 05-MAY-2009 TO           N/A             F8R3CE - 171 CIVIL ENGINEERING      F8R3CE
         05-JAN-2010                                  LTC ROBERT TATRO
                                                      300 TANKER ROAD
                                                      CORAOPOLIS PA 15108-4217
                                                      FOB: Destination

0002     POP 05-MAY-2009 TO           N/A             (SAME AS PREVIOUS LOCATION)         F8R3CE
         05-JAN-2010                                  FOB: Destination

0003     POP 05-MAY-2009 TO           N/A             (SAME AS PREVIOUS LOCATION)         F8R3CE
         05-JAN-2010                                  FOB: Destination

0003AA N/A                            N/A             N/A                                 N/A

0003AB N/A                            N/A             N/A                                 N/A

0003AC N/A                            N/A             N/A                                 N/A

0003AD N/A                            N/A             N/A                                 N/A

0003AE N/A                            N/A             N/A                                 N/A

0003AF N/A                            N/A             N/A                                 N/A

0003AG N/A                            N/A             N/A                                 N/A
                                                                                                Page 15 of 37

Section 00100 - Bidding Schedule/Instructions to Bidders


1.1     SCOPE

         You are invited to submit a bid in response to our Invitation for Bid (IFB); W912KC-09-B-0002
entitled REPAIR SQUADRON OPERATIONS, BLDG 107 - 171ARW, Project number JLSQ072002. As
a result of this solicitation, the Government intends to award a single Firm Fixed Price (FFP) contract
resulting from this solicitation.


        1.2.1 A pre-bid conference / site visit will be conducted on 02-APR-09, 10:00 AM local time
at 300 Tanker Road, Building 205, Coraopolis, PA 15108 for the purpose of briefing on the bid
requirements, answering questions regarding this solicitation and conducting a site visit. The offeror and
its major subcontractors are encouraged to attend.

       1.2.2 A second site visit (Only) will be conducted on 14-APR-09, 10:00 AM local time at 300
Tanker Road, Building 205, Coraopolis, PA 15108.

         1.2.3 Due to security conditions, the offeror must register to attend this conference. Email the
following information for all attendees to Tony Abate at with courtesy copies to
Robert Tatro, and no later than 10:00 AM local time on 01-APR-09 for the pre-
bid conference / site visit and no later than 10:00 AM local time on 13-APR-09 for the site visit only.

                 Firm Name and Telephone Number
                 Visitor’s Name and Driver’s License Number

         This information must be provided in advance in order to ensure access to the
military base and conference site and ensure adequate seating for the conference attendees. The
furnishing of the above information is voluntary; however, your failure to furnish all or part of the requested
information may result in the Government’s denial of your access to the pre-bid conference. This
information will be provided to the Base Security Forces who will authorize your entrance to the
installation. Visitors must pick up their passes at the Installation’s Main Entry Gate prior to arrival. To
obtain a one day vehicle pass, you will be required to present the following information: (1) Vehicle
Registration, (2) Valid Drivers License, (3) Proof of Insurance for Vehicle, (4) Safety Inspection and Car
Rental agreement if applicable. Any of the above information furnished by you and protected under the
Privacy Act shall not be released unless permitted by law and/or you have consented to such.

         1.2.4    Offerors are requested to submit ALL questions for the conference via email to Information provided at this conference shall not qualify the terms and
conditions of the solicitation and specifications. Terms of the solicitation and specifications remain
unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures
relating to the acknowledgment and receipt of solicitation amendments shall apply.

        1.2.5     A record of the conference shall be made available to all who attend.

                                                                                                 Page 16 of 37

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

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


     Sections 00100, 00110, 00120, 00600 and all exhibits may be physically removed as a result of an
award, but will be deemed to be incorporated by reference in that award.


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


       1.6.1 Any explanation desired by the offeror regarding the meaning or interpretation of the
solicitation, bid, drawings, specifications, etc. must be requested in writing and with sufficient time allowed
for a reply to reach offerors before the submission of their offer. All questions and requests for information
(RFI) must be received NOT LATER THAN 24-APR-09, 12:00 PM local time. The Contracting Officer
reserves the right to address questions received after
30-APR-09 following solicitation closing. Any interpretations made will be in the form of an amendment of
the solicitation, drawings, specifications, etc., and will be furnished to the contractor via email. Receipt by
the offeror must be acknowledged in the space provided on the SF 1442, or by returning a signed copy of
the amendment by the time set for receipt of bids. Explanations or instructions given in a form other than
an amendment to the solicitation shall not be binding.

        1.6.2 Questions, requests for clarifications and information concerning this solicitation must be
submitted in writing by electronic mail or by facsimile; electronic mail is preferred to the contracting office
at the address below:
        171 Base Contracting Office
        Reference No. W912KC-09-B-0002
        Email: and
        FAX: 412-776-7663


       The right is reserved, as the interest of the Government may require, to revise or amend, the
solicitation, specifications and/or drawings, prior to and/or after the date set for receipt of bids, as
necessary. Such changes, if any, will be announced by an amendment or amendments to this Invitation
for Bid (IFB). All information relating to this IFB, including pertinent changes/amendments and other
information applicable prior to the date set for receipt of bids will be sent electronically to the offeror.

       A bid repository is provided for hand carried bids and is located at 171 Base Contracting Office,
300 Tanker Road #4204, Coraopolis, PA 15108-4204. Hand carried bids must be deposited in the
repository prior to the time established for bid opening. Offeror is cautioned that they will be required to
sign-in and obtain a visitor’s pass to enter the facility and should allow time to accomplish this. Late receipt
of bids due to base entry delays may not be deemed excusable and the Contracting Officer may declare
the bid “late” in accordance with FAR 15.208.
                                                                                                 Page 17 of 37


      Davis Bacon Wage Rates are applicable to this project. Current prevailing wage determination(s) at
time of issuance of solicitation are PA20070001, 03/06/2009. In the event the current prevailing Wage
Determination is changed by the Department of Labor prior to the closing date of this solicitation it is the
offeror’s responsibility to insure the most recent determination is used in preparing the bid. An
Amendment will not be issued prior to closing to change Wage Determination dates and/or numbers.
Should the wage rate change after closing, but prior to award, the updated Wage Determination will be
incorporated by amendment and issued to the offeror. If applicable, the offeror will be given an opportunity
to provide a revised bid due to Wage Determination changes. If the wage determination modification does
not change any affected wage rates then the provisions of FAR 22.404-5(b)(2)(ii) will apply. Applicable
wage rates can be found at


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


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


         If the offeror takes exception to any of the requirements specified in this solicitation, the offeror
shall clearly identify each such exception and include a complete explanation of why the exception was
taken and what benefit accrues to the Government. All exceptions to the solicitation requirements
(Section 00010 through 00800) and supporting rationale shall be included in an addendum to the IFB and
clearly labeled "Exceptions". An addendum is only required if the offeror takes exception to any
requirement in the solicitation. (The Addendum does not have a page limitation, but shall only include
information relevant to exceptions taken to the solicitation requirements.) The Government will assume
an offeror takes no exceptions to any solicitation requirement if the offeror does not submit an Addendum
identifying exceptions. Offeror is advised that solicitation requirements are not necessarily negotiable and
such exceptions may render an offeror's bid unacceptable and ineligible for award.




        1.1.1 These instructions prescribe the format of the bid, and describe the approach for the
development and presentation of the bid data. They are designed to ensure the submission of necessary
information to provide for the understanding and comprehensive evaluation of bids. Carefully review this
section prior to commencing bid preparation. All solicitation amendments must be acknowledged in
accordance with Section 00100.

         1.1.2 Offeror is cautioned to strictly comply with all instructions within this solicitation to ensure
submission of a complete bid. Failure to furnish a complete bid, at the time of bid submission, may result
in the bid being unacceptable to the Government and eliminated from consideration for award.
                                                                                              Page 18 of 37

          1.1.3 After compiling all required information, submit the information in accordance with the “Bid
Due Date Schedule” paragraph and return the original and specified number of copies to the issuing office
listed in Block 7 of the SF 1442. Mark the front of the envelope/box with the following: “SOLICITATION
No. W912KC-09-B-0002.”

        1.1.4   Reserved


        1.2.1   Purpose: These instructions prescribe the format of the bid, and describe the approach
                for the development and presentation of the proposed data. The bid shall include all of
                the information requested in the specific instructions. Failure to include all information
                requested may adversely affect the evaluation.

         1.2.2 Bid type size for text documents will not be smaller than Microsoft Word Times New
Roman 10 point font; normal proportional spacing and page size shall be no larger than normal letter size
paper (8 ½” X 11”). Type size for graphics, charts, diagrams and tables, shall be of an appropriate font
and size for the application, and must be clearly readable without magnification assistance to the normal
eye. Text lines will be no less than single-space. To the maximum extent practicable, bid submission
shall be double sided.

         1.2.3 The offeror shall be held responsible for the validity of all information supplied in his/her
bid, including that provided by potential subcontractors. Should subsequent investigation disclose that the
facts and conditions were not as stated, the bid may be rejected.


        All bids are due by the date and time set for the receipt of bids shown in Block 13 of the SF 1442.



1.1     This solicitation is for a Firm Fixed Price Contract. The Government intends to award a single
contract to an offeror deemed responsible in accordance with the Federal Acquisition Regulation (FAR),
whose bid conforms to the IFB’s requirements.

1.2   A public Bid Opening will be conducted 05-MAY-09, 1 PM local, 171st ARW,
Bldg 205
        Please follow the procedures in Section 1.2.3 if planning on attending.

1.3     Reserved

1.4     Reserved

1.5     Reserved

1.6     The Government intends to evaluate your firm’s proposal and award a contract with discussions.

1.7       The Government reserves the right to reject the offer if such action is in the Government's best

1.8     ENFORCEABILITY OF PROPOSAL: The bid must set forth full, accurate and complete
information as required by this solicitation. The Government will rely on such information in the award of a
                                                                                                Page 19 of 37

contract. By submission of the offer, the Offeror agrees that all items proposed will be utilized for the
duration of the contract and any substitutions will require prior Contracting Officer's approval.

2.0     Reserved:


Any large business will be required to submit a Subcontracting Plan in accordance with FAR 19.701 with
their bid. The large business offeror will compile a consolidated report at least semi-annually or when
directed by the Contracting Officer when data is required for reporting purposes.

4.0     AWARD

4.1      Award. A written award or acceptance of offer mailed, or otherwise furnished to the successful
offeror within the time for acceptance specified in the offer shall be deemed to result in a binding contract
without further action by either party.

End of Section 00010



1. Personnel in the following categories who routinely need access to the base may be
   issued a 171 SFS Bdge 27c, Contractor Badge: Contractor employees, medical and
   legal consultants (retained by the base), technical representatives, commercial
   agents, service representatives, educational professionals, Non-Appropriated Funds
   (NAF) personnel and vendors/contractors employed for more than 30 days, up to
   one year. The following applies:

            a. Contractor’s employees or BCO must initiate a Background Check
               through the Pennsylvania Access To Criminal History (PATCH) at
      Results of the Background Check and
               a copy of 171 SFS Form 63, Contractor Badge Worksheet must be sent to
               the 171 SFS for review. Submit to the 171 ARW Contracting Office.
            b. The sponsoring and/or verifying agency will fill out a 171 SFS Form 28,
               Request for Long Term Contractor Badge, with all employees names and
               forward to the 171 SFS Pass and Resgistration.
            c. Contract employees may be issued a laminated temporary pass via AF
               Form 75, for a period not to exceed 30 days or until the result of the
               Background Check returns. This will be issued at the SF Pass and
               Registration office, located at Bldg. 103.
                                                                            Page 20 of 37

      d. If no derogatory information is discovered on the Background Check, the
         contract employee will be sent to Pass and Registration to recive a 171
         SFS Bdge 27c, Contractor Badge.
      e. If derogatory information to past criminal convictions or active
         Want/Warrant is discovered, copies of the report will be sent for review to
         the SFS/CC, SJA, MSG/CC and ARW/CC for disposition.
      f. If the information on the Background Check printout is vague contact the
         Pennsylvania Access To Criminal History (PATCH) to see if they can
         provide additional information. This must be done prior to forwarding
         derogatory information to the SFS/CC, SJA, MSG/CC and 171 ARW/CC
         for disposition.
      g. The contract employee must report to 171 SFS Pass and Registration to
         be served a Temporary Barrment Letter and to revoke and recover the
         temporary AF Form 75, as directed by SFS/CC. The employee will be
         briefed that the Background Check is being reviewed for derogatory
         information and that final decision of issuance of the 171 SFS Bdge 27c,
         Contractor Badge by the 171 ARW/CC.
      h. The Temporary Barrment Letter is produced in four copies. One is issued
         to the individual, one copy to the 171 SFS Main gate, one placed in Pass
         and Registration contract file and one for 171 SFS/CC to notify SJA,
         MSG/CC and 171 ARW/CC for disposition of Barrment.
      i.   Each individual requiring a base pass must complete a request for
           issuance of a base pass. The completed application and a copy of the
           applicant’s picture ID will be hand-carried by the prime contractor’s
           superintendent (or other person approved by the Contracting Officer) to
           the appropriate Contracting Office for signature. Once signed by the
           Contracting Office, the application will be hand-carried to the Security
           Forces Pass and ID where a wants and warrants check will be processed
           on the applicant. Allow up to 48 hours for processing by Security Forces.
           The Contracting Officer or representative must know whether the
           contractor is “mission essential” and mark the base pass request
      j.   If contractor personnel do not have their pass with them, SF personnel will
           direct the contractor to Pass and Registration in order to verify issuance of
           a pass. If the contractor has a valid pass issued, they may proceed onto
           the installation. Pass and Registration personnel will confirm pass status
           with the entry controller.
      k. At the completion of the project, ALL 171 SFS Bdge 27c, Contractor
         Badge and vehicle passes must be returned to the 171 ARW Contracting

2. For contracts / projects expected to be less that 30 days, the Contractor
                                                                                                Page 21 of 37

           will submit the following information for each employee / subcontractor:
           full name; company; title; SSN and state/drivers licence #, to the Base
           Contracting office. This information will be forwarded to the 171 st SFS on
           an Entry Access Letter (EAL) requesting that an AF Form 75 be issued to
           each individual for the length of the project.

    End of Section 00010 – SECURITY REQUIREMENTS


52.214-3             Amendments To Invitations For Bids                         DEC 1989
52.214-4             False Statements In Bids                                   APR 1984
52.214-5             Submission Of Bids                                         MAR 1997
52.214-6             Explanation To Prospective Bidders                         APR 1984
52.214-7             Late Submissions, Modifications, and Withdrawals of Bids   NOV 1999
52.214-12            Preparation Of Bids                                        APR 1984
52.214-18            Preparation of Bids-Construction                           APR 1984
52.214-19            Contract Award-Sealed Bidding-Construction                 AUG 1996
52.214-21            Descriptive Literature                                     APR 2002
52.214-34            Submission Of Offers In The English Language               APR 1991
52.214-35            Submission Of Offers In U.S. Currency                      APR 1991
52.222-5             Davis-Bacon Act--Secondary Site of the Work                JUL 2005
52.225-10            Notice of Buy American Act Requirement--Construction       FEB 2009
52.232-38            Submission of Electronic Funds Transfer Information with   MAY 1999
52.252-1             Solicitation Provisions Incorporated By Reference          FEB 1998


52.216-1     TYPE OF CONTRACT (APR 1984)

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

(End of provision)


(a) Definition.

Forced or indentured child labor means all work or service--
                                                                                                             Page 22 of 37

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for
which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be
accomplished by process or penalties.

(b) Listed end products. The following end product(s) being acquired under this solicitation is (are) included in the
List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, identified by their
country of origin. There is a reasonable basis to believe that listed endproducts from the listed countries of origin
may have been mined, produced, or manufactured by forced or indentured child labor.

Listed End Product


Listed Countries of Origin


(c) Certification. The Government will not make award to an offeror unless the offeror, by checking the appropriate
block, certifies to either paragraph (c)(1) or paragraph (c)(2) of this provision.

( ) (1) The offeror will not supply any end product listed in paragraph (b) of this provision that was mined,
produced, or manufactured in a corresponding country as listed for that end product.

( ) (2) The offeror may supply an end product listed in paragraph (b) of this provision that was mined, produced, or
manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good
faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture such
end product. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(End of provision)


(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

                                                                  8.2                        9.0 %

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
                                                                                                         Page 23 of 37

the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract
Compliance Programs office.

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

Coraopolis, PA; Allegheny County

(End of provision)


(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 provision with an authorized deviation is indicated by the addition of
"(DEVIATION)" after the name of the regulation.


(End of provision)
                                                                                                      Page 24 of 37

Section 00600 - Representations & Certifications


52.203-11               Certification And Disclosure Regarding Payments To           SEP 2007
                        Influence Certain Federal Transactions
52.222-38               Compliance With Veterans' Employment Reporting               DEC 2001
52.225-18               Place of Manufacture                                         SEP 2006
252.209-7001            Disclosure of Ownership or Control by the Government of a    JAN 2009
                        Terrorist Country



(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of
corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue
Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social
Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with
debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A,
and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment
reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror
to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the
offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment
reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to
verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively
connected with the conduct of a trade or business in the United States and does not have an office or place of
business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.
                                                                                                          Page 25 of 37

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:



(End of provision)


(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; 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.
                                                                                                            Page 26 of 37

(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

(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 subsidiary, 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,
                                                                                                         Page 27 of 37

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)

52.219-2      EQUAL LOW BIDS. (OCT 1995)

(a) This provision applies to small business concerns only.

(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If
the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in
which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier
subcontractors) amount to more than 50 percent of the contract price.


(c) Failure to identify the labor surplus area as specified in paragraph (b) of this provision will preclude the bidder
from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority
consideration under this provision and would not have otherwise received award, the bidder shall perform the
contract or cause the contract to be performed in accordance with the obligations of an LSA concern.


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

(2) The small business size standard is $32,500,000

(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 tofurnish a product which it did not itself manufacture, is 500

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

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeroris currently registered in CCR, and has
completed the ORCA electronically, the offerormay choose to use paragraph (b) 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 (c) applies.

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

(c) The offeror has completed the annual representations and certifications electronically via the Online
Representations and Certifications Application (ORCA) Web site at
                                                                                                                        Page 28 of 37

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 No.                          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)
                                                                                                   Page 29 of 37

Section 00700 - Contract Clauses


52.203-3            Gratuities                                                     APR 1984
52.203-5            Covenant Against Contingent Fees                               APR 1984
52.203-7            Anti-Kickback Procedures                                       JUL 1995
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            SEP 2007
52.204-9            Personal Identity Verification of Contractor Personnel         SEP 2007
52.209-6            Protecting the Government's Interest When Subcontracting       SEP 2006
                    With Contractors Debarred, Suspended, or Proposed for
52.211-18           Variation in Estimated Quantity                                APR 1984
52.214-29           Order Of Precedence--Sealed Bidding                            JAN 1986
52.219-8            Utilization of Small Business Concerns                         MAY 2004
52.219-9 Alt I      Small Business Subcontracting Plan (Apr 2008) Alternate I OCT 2001
52.219-14           Limitations On Subcontracting                                  DEC 1996
52.219-16            Liquidated Damages-Subcontracting Plan                        JAN 1999
52.222-1            Notice To The Government Of Labor Disputes                     FEB 1997
52.222-3            Convict Labor                                                  JUN 2003
52.222-6            Davis Bacon Act                                                JUL 2005
52.222-7            Withholding of Funds                                           FEB 1988
52.222-8            Payrolls and Basic Records                                     FEB 1988
52.222-8 (Dev)      Payrolls and Basic Records (Deviation)                         FEB 1988
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
52.222-19           Child Labor -- Cooperation with Authorities and Remedies       FEB 2008
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
52.222-35           Equal Opportunity For Special Disabled Veterans, Veterans of SEP 2006
                    the Vietnam Era, and Other Eligible Veterans
52.222-36           Affirmative Action For Workers With Disabilities               JUN 1998
52.222-37           Employment Reports On Special Disabled Veterans, Veterans SEP 2006
                    Of The Vietnam Era, and Other Eligible Veterans
52.222-39           Notification of Employee Rights Concerning Payment of          DEC 2004
                    Union Dues or Fees
52.222-50           Combating Trafficking in Persons                               FEB 2009
52.223-5            Pollution Prevention and Right-to-Know Information             AUG 2003
52.223-14           Toxic Chemical Release Reporting                               AUG 2003
52.225-13           Restrictions on Certain Foreign Purchases                      JUN 2008
52.228-5            Insurance - Work On A Government Installation                  JAN 1997
52.229-3            Federal, State And Local Taxes                                 APR 2003
                                                                                               Page 30 of 37

52.232-5           Payments under Fixed-Price Construction Contracts           SEP 2002
52.232-27          Prompt Payment for Construction Contracts                   OCT 2008
52.232-33          Payment by Electronic Funds Transfer--Central Contractor    OCT 2003
52.233-1           Disputes                                                    JUL 2002
52.233-3           Protest After Award                                         AUG 1996
52.236-5           Material and Workmanship                                    APR 1984
52.236-7           Permits and Responsibilities                                NOV 1991
52.236-9           Protection of Existing Vegetation, Structures, Equipment,   APR 1984
                   Utilities, and Improvements
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
52.236-26          Preconstruction Conference                                  FEB 1995
52.242-13          Bankruptcy                                                  JUL 1995
52.242-14          Suspension of Work                                          APR 1984
52.242-15          Stop-Work Order                                             AUG 1989
52.242-17          Government Delay Of Work                                    APR 1984
52.243-1           Changes--Fixed Price                                        AUG 1987
52.243-5           Changes and Changed Conditions                              APR 1984
52.244-6           Subcontracts for Commercial Items                           FEB 2009
52.246-12          Inspection of Construction                                  AUG 1996
52.246-21          Warranty of Construction                                    MAR 1994
52.247-34          F.O.B. Destination                                          NOV 1991
52.249-1           Termination For Convenience Of The Government (Fixed        APR 1984
                   Price) (Short Form)
52.249-2           Termination For Convenience Of The Government (Fixed-       MAY 2004
52.249-2 Alt I     Termination for Convenience of the Government (Fixed-       SEP 1996
                   Price) (May 2004) - Alternate I
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
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
252.204-7003       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
252.209-7004       Subcontracting With Firms That Are Owned or Controlled By DEC 2006
                   The Government of a Terrorist Country
252.219-7003       Small Business Subcontracting Plan (DOD Contracts)          APR 2007
252.223-7006       Prohibition On Storage And Disposal Of Toxic And            APR 1993
                   Hazardous Materials
252.225-7002       Qualifying Country Sources As Subcontractors                APR 2003
252.225-7012       Preference For Certain Domestic Commodities                 DEC 2008
252.232-7003       Electronic Submission of Payment Requests and Receiving MAR 2008
252.232-7010       Levies on Contract Payments                                 DEC 2006
252.233-7001       Choice of Law (Overseas)                                    JUN 1997
252.236-7000       Modification Proposals-Price Breakdown                      DEC 1991
252.236-7001       Contract Drawings, and Specifications                       AUG 2000
252.236-7006       Cost Limitation                                             JAN 1997
                                                                                                          Page 31 of 37

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                   JAN 2009
                      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



The Contractor shall be required to (a) commence work under this contract within 10 days 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 240 days. The time stated for completion shall include final cleanup of the

(End of clause)


(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay
liquidated damages to the Government in the amount of $260 (one time legal fee) and $275 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

(End of clause)


(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.

(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:
                                                                                                         Page 32 of 37

(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

(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 exercise date specified in the contract for 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

(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 they reflect
current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, 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.

(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 236220 assigned to
contract number.

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

(End of clause)

(JUL 2005)

(a) Overtime requirements. No Contractor or subcontractor employing laborers or mechanics (see Federal
Acquisition Regulation 22.300) shall require or permit them to work over 40 hours in any workweek unless they are
paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours.

(b) Violation; liability for unpaid wages; liquidated damages. The responsible Contractor and subcontractor are
liable for unpaid wages if they violate the terms in paragraph (a) of this clause. In addition, the Contractor and
                                                                                                       Page 33 of 37

subcontractor are liable for liquidated damages payable to the Government. The Contracting Officer will assess
liquidated damages at the rate of $10 per affected employee for each calendar day on which the employer required or
permitted the employee to work in excess of the standard workweek of 40 hours without paying overtime wages
required by the Contract Work Hours and Safety Standards Act.

(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer will withhold from payments due
under the contract sufficient funds required to satisfy any Contractor or subcontractor liabilities for unpaid wages and
liquidated damages. If amounts withheld under the contract are insufficient to satisfy Contractor or subcontractor
liabilities, the Contracting Officer will withhold payments from other Federal or Federally assisted contracts held by
the same Contractor that are subject to the Contract Work Hours and Safety Standards Act.

(d) Payrolls and basic records.

(1) The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and
mechanics working on the contract during the contract and shall make them available to the Government until 3
years after contract completion. The records shall contain the name and address of each employee, social security
number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions
made, and actual wages paid. The records need not duplicate those required for construction work by Department of
Labor regulations at 29 CFR 5.5(a)(3) implementing the Davis-Bacon Act.

(2) The Contractor and its subcontractors shall allow authorized representatives of the Contracting Officer or the
Department of Labor to inspect, copy, or transcribe records maintained under paragraph (d)(1) of this clause. The
Contractor or subcontractor also shall allow authorized representatives of the Contracting Officer or Department of
Labor to interview employees in the workplace during working hours.

(e) Subcontracts. The Contractor shall insert the provisions set forth in paragraphs (a) through (d) of this clause in
subcontracts that may require or involve the employment of laborers and mechanics and require subcontractors to
include these provisions in any such lower tier subcontracts. The Contractor shall be responsible for compliance by
any subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs (a) through (d) of this

(End of clause)


(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

(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.
                                                                                                       Page 34 of 37

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 the construction material or components listed by the Government as follows:
[Contracting Officer to list applicable excepted materials or indicate ―none‖]

(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

(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;
                                                                                                                        Page 35 of 37

(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

(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

                    Foreign and Domestic Construction Materials Price Comparison
  Construction material description              Unit of measure               Quantity            Price (dollars) \1\
                                                                                                          Page 36 of 37

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
Include other applicable supporting information.

(End of clause)

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,
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 clause)


United States law will apply to resolve any claim of breach of this contract.

(End of clause)

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--
                                                                                                      Page 37 of 37

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

(End of clause)

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