PORT OF MOSES LAKE
GRANT COUNTY INTERNATIONAL AIRPORT
MOSES LAKE, WASHINGTON
CONCTRACTOR’S NAME:
CONTRACTOR’S ADDRESS:
OPENING DATE:
PORT OF MOSES LAKE
MOSES LAKE, WASHINGTON
CONTRACT DOCUMENTS
FOR
AIRCRAFT RESCUE AND FIREFIGHTING SERVICES
Consisting of:
CONTRACTOR INFORMATION AND FORMS
CONTRACT FORMS
GRANT COUNTY INTERNATIONAL AIRPORT
MOSES LAKE, WASHINGTON
May 31, 2017
F:\Contracts\Public Safety\2017
GRANT COUNTY INTERNATIONAL AIRPORT
AIRCRAFT RESCUE AND FIREFIGHTER SERVICES
CONTENTS
PART 1 - PROPOSAL INFORMATION AND FORMS
REQUEST FOR PROPOSAL
PROPOSAL INFORMATION
GENERAL PROVISIONS
SPECIAL PROVISIONS
COMPLIANCE WITH APPLICABLE LAW
PROPOSAL
STATEMENT OF QUALIFICATIONS
CERTIFICATIONS STATEMENTS
PART 2 - CONTRACT AND EXHIBITS
CONTRACT
PART 1 – PROPOSAL INFORMATION AND FORMS
PORT OF MOSES LAKE
(GRANT COUNTY PORT DISTRICT #10)
REQUEST FOR PROPOSALS
NOTICE IS HEREBY GIVEN that sealed proposals will be received at the Port of Moses
Lake, 7810 Andrews St. NE, Suite 200, Moses Lake, Washington, 98837, until May 31, 2017, for
the following described purposes. All proposals submitted after that time will be rejected and
returned unopened.
AIRCRAFT RESCUE AND FIREFIGHTING SERVICES
All proposals received which are in proper form will be opened at the above time and place.
At that time, the PORT of Moses Lake may, at its discretion, postpone any such action for a
period not to exceed thirty (30) days from the opening, during which period the proposals will be
irrevocable and open to public inspection. PORT of Moses Lake may reject any proposal not in
compliance with all prescribed public proposal procedures and requirements, and may reject any or
all proposals for any reason in the PORT’s sole discretion, upon a finding by the Port of Moses Lake,
that it is in the public interest to do so.
The PROPOSER’s name, address, opening date and “Sealed Proposal – ARFF Services”
shall be on the outside of the envelope containing such proposal. A copy of the proposal
specifications and documents are on file and may be obtained at the PORT of Moses Lake office.
There will be a pre-proposal conference held at the Port of Moses Lake Office, 7810
Andrews St. NE, Suite 200, Moses Lake, Washington 98837, on May 19, 2017, at 10:00 a.m. Any
questions regarding the proposed work are to be directed to Patrick Jones, Executive Director, (509)
762-5363.
PORT OF MOSES LAKE
Rich Mueller
Director of Facilities and Operation
(509) 762-5363
PROPOSAL INFORMATION
For
AIRCRAFT RESCUE AND FIREFIGHTING SERVICE
At the
GRANT COUNTY INTERNATIONAL AIRPORT
PORT OF MOSES LAKE
MOSES LAKE, WASHINGTON
INTRODUCTION
Grant County International Airport (Airport) is owned and operated by the Port of Moses
Lake (PORT). The Airport is one of the largest civil aviation Airports in Washington State.
Situated along Interstate 90, the Airport is located approximately ten minutes from
downtown Moses Lake. Presently there is no commercial service at the Airport.
The Airport is a large flight test and training center serving the Boeing Company, several
commercial air-carriers and the U.S. Military. It also serves general aviation and corporate
/business travel. Two (2) Fixed Base Operators (FBOs) provide a full range of services
including the sale of Avgas and Jet A fuel, major airframe and power plant repairs, aircraft
sales, and aircraft rental and charters. Big Bend Community College (BBCC) is also located
at the Airport and has both aircraft and helicopter pilot training programs, with aircraft based
at the field.
OBJECTIVE AND TERM
The PORT hereby invites Proposals from qualified, experienced firms (PROPOSERs)
providing Aircraft Rescue and Firefighting (“ARFF") services at FAR Part 139 Airports.
The Proposal is for the award of an ARFF and Airport Support Services Agreement
(Agreement) to manage and operate the ARFF facility and equipment and to provide
support services at the Airport, pursuant to the terms and conditions hereinafter set forth
in or referred to in this Request for Proposals (RFP). The PORT will award the Agreement
to the most responsible,
qualified, and financially responsive PROPOSER for a term of three (3) years
commencing August 1, 2017.
The PORT reserves the right to extend the term of the Agreement, at its option, for up to two
additional years.
A draft of the Agreement is attached hereto. Each PROPOSER is instructed to carefully
examine the terms of the Draft Agreement. This is the form of agreement that will be
offered to the successful PROPOSER. The failure of any PROPOSER to make such an
examination shall not constitute grounds for declaration by PROPOSER that it did not
understand the ARFF Services Agreement. If any PROPOSER has concerns or exceptions
with regard to the contents of the Agreement, it should so state those concerns and
exceptions and the rationale therefore in its Proposal. Otherwise, the Agreement will be
assumed to be acceptable as written and will not be subject to further negotiation after
award.
After the acceptance of a Proposal, this Agreement will be completed by the PORT and
forwarded to the selected PROPOSER for execution. The fully executed Agreement shall
constitute the complete agreement between the selected PROPOSER and the PORT with
respect to the subject matter thereof.
1)
The proposals shall be legibly prepared with ink or typed. If any amount already entered by a
proposal on the Proposal Form is to be altered, it should be crossed out with ink, the new
unit price or extension entered above or below and initialed by the PROPOSER, also with
ink. The proposal shall be legally signed and the complete address of the PROPOSER given
thereon.
2)
All proposals shall be submitted on the enclosed Proposal Form with all attachments and
documents as requested herein, tightly sealed in an opaque envelope and plainly marked
SEALED PROPOSAL - ARFF SERVICES.
3)
Proposals may be withdrawn in person by a PROPOSER or his authorized representative
provided his identity is made known and he signs a receipt for the proposal, but only if the
withdrawal is made prior to the exact time set for receipt of proposals.
4)
It is anticipated that an award will be made within thirty (30) days after proposals have been
opened, subject to approval by the Port of Moses Lake Commission.
5)
PROPOSERs are cautioned that any changes, insertions, omissions to the term and
conditions, specifications or any other requirement of this Invitation to Proposal/Contract
may be considered non-responsive and, at the option of the PORT, may result in rejection
of the proposal. Any alternative proposals must be made on a separate sheet of paper.
6)
A pre-proposal meeting will be held at 10:00 am May 19, 2017, at the Port of Moses Lake
7810 Andrew St. NE, Suite 200, Moses Lake, Washington 98837. All potential
PROPOSERs are encouraged to attend this meeting.
7)
PROPOSER may, at PROPOSER’s sole discretion, offer an alternative proposal which
they would like the Selection Committee to consider in its determination process.
8)
The contract will be awarded by the Commissioners based upon the evaluation criteria set
forth in the RFP and the recommendation of the Selection Committee. Proposals will be
evaluated to identify the best qualified proposal. The best qualified proposal is the
PROPOSER who has substantially complied with all requirements of the RFP, has the best
qualifications to provide the required services, and offers any additional services that will
benefit the PORT, and deliver all services promptly and perform reliably at a reasonable
cost to the PORT.
9)
The PORT is not liable for any cost incurred by the PROPOSERs in replying to this RFP.
The PORT reserves the right to accept or reject any or all proposals and to waive
technicalities or irregularities in any proposal or part thereof deemed to be in the best
interest of PORT and to reject any or all proposals for any reason in the PORT’s sole
discretion, upon a finding by the PORT, that it is in the public interest to do so.
10)
The PORT reserves the right to postpone the proposal opening for its own convenience.
PROPOSERs will be notified, in writing, of any such postponement and/or any changes
in specifications, in the most reasonable time available.
11)
PROPOSERs shall furnish with their proposal, a certification that the requirements
stipulated within 49 CFR 1542, pertaining to employee background checks will be complied
with. The provisions of the security requirements must be maintained throughout the
term of the contract for all employees (new or otherwise) assigned to the Airport.
12)
The PORT has the right to review, evaluate or interview PROPOSERs to gather
additional information/data necessary to assist in the selection process.
CONTRACT PRICE
ALL-INCLUSIVE
CONTRACTOR shall provide the following:
-
Training materials
Medical examinations
Drug tests
Hepatitis immunizations
Live fire training
EMT refresher/First Responder Trng
40 hours of on-site training for
new employees
- Liability insurance
- Performance bond
- Office supplies
- Uniforms
- Kitchen utensils
and cookware
- CPR certifications
- Vacuum cleaner
- Television set
- Fax machine
- VCR/DVD
-
Housekeeping supplies
Pager rentals
Bedding supplies and linens
Professional service insurance
Medical insurance program
Miscellaneous set-up costs
Inspection trips by corporate
personnel
- Miscellaneous items
- Blood-borne pathogen program
- Office equipment
- Telephone and ISP service
- Vehicle comprehensive insurance
- Advanced ARFF training on annual
basis for all personnel per contract
- Item 11.4
- Copier
- Janitorial Service
- All Utility Costs
- CONTRACTOR will be responsible for maintenance, repairs, and replacement of any and all
PORT owned tools, equipment, furniture and appliances.
GENERAL PROVISIONS
AIRCRAFT RESCUE AND FIREFIGHTING SERVICES
GRANT COUNTY INTERNATIONAL AIRPORT
PORT OF MOSES LAKE
MOSES LAKE, WASHINGTON
1)
2)
Specifications of Services to be Performed by the CONTRACTOR:
A.
The Airport currently operates as an Index D Airport. The Airport is certified and
meets the Federal Aviation Regulation Part 139 Aircraft Rescue and Firefighting
(ARFF) certification with service provided 24 hours each day.
B.
The CONTRACTOR will be required to provide personnel who are trained in
accordance with the contract documents or can be trained before commencement
of the Agreement, to maintain the Airport’s qualification for Certification under
Federal Aviation Regulation Part 139, and all regulations as they now exist or may be
hereinafter amended, are made a part of this contract.
C.
The CONTRACTOR must have 5 years of previous experience working under the
requirements of the Federal Service Contracts Act. Wages must comply with the
most current Federal Wage Determination for Washington State, Grant County,
Occupation Code 27070 – Fire Fighter or a current copy of your Collective
Bargaining Agreement must be provided.
Investigation of Conditions:
The submission of a Proposal shall be considered evidence that the CONTRACTOR has satisfied
himself concerning all the conditions related to the same and has ascertained, either by
inspection, investigation, measurement or otherwise all circumstances, procedures and
requirements affecting the conduct of ARFF Service. The CONTRACTOR shall be conclusively
presumed to have read and become familiar with all general information, specifications and
attached information, and no claim for adjustment of the provisions of the contract to be awarded
shall be honored on the ground that the bidders were not fully informed as to the conditions which
exist.
3)
Indemnification:
A.
The CONTRACTOR will accept the full responsibility for and shall defend,
indemnify and hold harmless the PORT, its elected officials, officers, employees and
agents from all claims for all loss or damage to property and injury to persons
resulting from the negligent execution or performance of this Contract as well as
for any claims made
by or on behalf of CONTRACTOR’s agents, servants, and/or employees arising out
of their employment or work pertaining to the operations under this Contract;
moreover, CONTRACTOR shall at all times defend, indemnify and hold the
PORT, its elected officials, officers, employees and agents harmless from and
against any and all liabilities, demands, claims, suits, losses, damages, cause of
action, fines or judgments, including costs, attorneys’ and witnesses’ fees, and
expenses incident thereto, arising out of or in connection with the execution or
performance of this Contract. CONTRACTOR will be an independent
CONTRACTOR at all times and in every respect and not the agent of the PORT
or of the Airport. Nothing contained herein and no direction or notification from
the PORT to CONTRACTOR shall be construed so as to create a partnership, joint
venture or agency relationship between the parties hereto.
B.
4)
Punitive fines, issued by the Federal Aviation Administration for violations of FAR’s
accrued to the Airport, shall be thoroughly investigated by the PORT. Upon those
instances found to be based upon the negligence or error of the CONTRACTOR
and/or its employees, for any reason, said fines shall be assessed to the
CONTRACTOR without limitation and shall be paid to the PORT, in full, within
thirty (30) days of notification of CONTRACTOR by PORT.
Insurance Requirements.
The CONTRACTOR shall purchase and maintain during the term of the Agreement such
insurance as will protect said CONTRACTOR, the Airport, the PORT, its elected
officials, officers, employees and agents, as well as claims for property damage which may
arise or be alleged to have arisen from CONTRACTOR’s activities in connection with the
execution of this Contract, whether such activities be of CONTRACTOR,
CONTRACTOR’s agent, or of anyone employed by CONTRACTOR; the types of
insurance coverage as well as the amounts of such coverage shall be as follows:
A.
Commercial General Liability. Subject to the following combined single limits per
occurrence: $5,000,000 each occurrence / $5,000,000 aggregate.
B.
Automobile Liability. Subject to the following combined single limits per
occurrence: $5,000,000 each occurrence.
C.
Worker’s Compensation and Social Security. CONTRACTOR shall, upon request,
furnish to the Port adequate evidence of provisions for Workers’ Compensation
Insurance, Social Security and Unemployment Compensation to the extent such
provisions are applicable to the CONTRACTOR’s operations in performance of
the Original Agreement and Modification. Upon request by the Port, the
CONTRACTOR shall also furnish evidence that it is complying with Worker’s
Compensation, Social Security and Unemployment Compensation laws and
regulations.
D.
Within ten (10) days after the acceptance of the contract by the PORT,
CONTRACTOR shall deliver certificates to show the PORT, its officials, officers,
employees and agents as additional named insured and with an endorsement
prohibiting cancellation without providing a thirty (30) day written notice to the
PORT. Said Certificates of Insurance shall be on file with the PORT at all times
thereafter during the term of the Contract.
E.
5)
Failure of the CONTRACTOR to provide the certificate of insurance or receipt by
the PORT of a notice of cancellation of the insurance policy(ies) by the
CONTRACTOR’s insurance company(ies) shall constitute a material breach of
contract and this Contract may be terminated.
Nondiscrimination:
Parties to this Contract may not discriminate against an employee or applicant for
employment with respect to hire, tenure, terms, conditions, or privileges of
employment, or a matter directly or indirectly related to employment because of race,
color, religion, national origin, age or sex.
6)
Compensation.
After each month’s performance, payment shall be made to the CONTRACTOR.
Payments shall be made in twelve (12) equal monthly installments. Other than the
yearly base contract cost, there shall be no other compensation paid to the
CONTRACTOR.
7)
Dispute Resolution.
The parties agree to try to resolve any disputes by negotiation or mediation before
resorting to litigation.
SPECIAL PROVISIONS
AIRCRAFT RESCUE AND FIREFIGHTING SERVICES
Grant County International Airport
PORT OF MOSES LAKE
MOSES LAKE, WASHINGTON
1)
ITEMS PROPOSERS MUST SUBMIT WITH THEIR BID:
A.
Statement of Qualifications and Experience, ARFF.
B.
“Operating Plan”. PROPOSER shall establish and maintain an Aircraft Rescue and
Fire Fighting Plan (Plan); the Plan shall describe the methods of compliance with
the Agreement. This Plan must be submitted as part of the proposal incorporating
details in response to elements outlined below. At the time of the award of the
Agreement, the selected PROPOSER shall submit a final Plan for the PORT to
review and approve. Proposed changes to the Final Plan during the term of the
Agreement are to be transmitted to the Executive Director for review and
approval. The Plan shall include, but not be limited to, the following:
1.
Management and personnel policies, i.e., hiring, salary structure, promotional
practices, benefit packages, leave request and disciplinary procedures.
2.
Personnel assignment descriptions and schedule.
3.
Emergency Response Procedures, a detailed description of standard operating
procedures for emergency response and implementation.
4.
Training, a description of all initial and periodic training to be provided by
the selected PROPOSER to its personnel, including examples of exams
verifying knowledge of necessary elements of fire safety practices. Such
training shall comply with the requisite requirements of FAR Part 139 and
follow the guidance in AC 150/5210-17; “Programs for Training of Aircraft
Rescue and Firefighting Personnel”. The selected PROPOSER shall be
responsible for and shall conduct all training and continued qualification of
all ARFF personnel throughout the term of this Agreement.
5.
Reports, copies of all reports utilized by PROPOSER for compliance and
personnel assignment and completion documentation.
6.
Inspections. Selected PROPOSER shall identify an inspection system
covering all agreement requirements and services as identified herein and
related contractual documents. This system shall stipulate scheduled and
unscheduled inspections, how often and in what manner the inspections will
be accomplished, the name and rank of personnel who will perform the
inspections, recording method and quality assurance program. PROPOSER
shall develop standard operating inspection procedures of equipment and
safety devices.
7.
Corrective Action Procedures, procedures which will be used by the selected
PROPOSER to respond to, and correct deficiencies in service which have
been identified by the Executive Director.
C.
“Statement of Financial Condition” form must be completed and returned with the
bid package.
D.
A narrative statement providing the following information:
1.
Evidence that the PROPOSER is capable of performance as required in
these contract documents.
2.
History of the firm including number of years in operation providing ARFF
services, or type of experience including number of years that would qualify
the PROPOSER for contract.
3.
Evidence that the PROPOSER possesses the managerial and financial
capabilities to perform all phases of the work called for in the contract
documents.
4.
Such additional information as the PROPOSER wishes to present to show
that the PROPOSER is adequately prepared to fulfill the contract.
5.
Proposed wages for each classification of ARFF personnel during the three
(3) year contract, with an option by the PORT to extend for an additional two
(2) years, shall be included in the Proposal Form and any additional proposed
wages for extension period.
2)
3)
EVALUATION OF PROPOSALS:
A.
The evaluation and selection of a firm will be based on the information submitted in
the PROPOSER’s proposal plus oral presentations, other references and
supplemental information.
B.
A Selection Committee has been established to evaluate the proposals and make a
recommendation for award.
C.
The Committee may consist of the Director of Facilities and Operations and other
PORT staff.
D.
PROPOSERs may be required to make oral presentations.
PREPARING AND SUBMITTING PROPOSAL:
A.
General Instructions. Failure to respond to each of the requirements in the RFP may
be the basis for rejecting a response.
B.
Elaborate Proposals: e.g. expensive art work beyond that which is sufficient to
present a complete and effective proposal is not necessary.
C.
Alternate Proposal. PROPOSERs may submit an alternate proposal or creative
cost- saving alternative which meets minimum requirements and specifications of
this RFP. Indicate such on the Proposal. PROPOSERs may submit more than one
Proposal.
D.
Response Submissions. A minimum of six (6) copies of Proposal to:
PORT of Moses Lake
ATTN: Director of Facilities and Operations
7810 Andrews St. NE, Suite 200
Moses Lake, Washington 98837-3204
By:
May 31, 2017.
Proposals which are not submitted on time will not be accepted.
4)
E.
The PORT Selection Committee will make its recommendation to the
Commissioners.
F.
The PORT may request the submission of additional information to assist in the
evaluation of the proposals, and the PROPOSERs will be expected to cooperate
fully with such a request.
G.
The PORT reserves the right to waive any irregularities in any proposals; to reject
any or all proposals for any reason in the PORT’s sole discretion, upon a finding by
the PORT, that it is in the public’s interest to do so; to re-advertise for proposals, if
desired; and to accept the proposal which, in the judgment of the PORT, even though
it does not offer the lowest direct financial cost, is nevertheless deemed the most
advantageous for the public and the PORT. Any proposal which is incomplete has
conditions which are obscure, or which contain additions not called for, or which
contains irregularities of any kind, may be cause for rejection of the proposal. In the
event of default of the successful firm, or his refusal to enter into a contract with the
PORT, the PORT reserves the right to accept the proposal of the next most
responsible firm, in its judgment, without the necessity of re-advertisement.
AGREEMENT TERM:
A.
The term of the Agreement shall be from August 1, 2017 through July 31, 2020
with the option of extending two (2) additional years, at the discretion of the PORT.
B.
The PROPOSER (CONTRACTOR) shall present an annual contract amount for
each year of the three (3) year period and additional two (2) year option on the
Proposal Form.
C.
In the event the Federal Aviation Administration (FAA) discontinues ARFF
requirements, the Agreement may be canceled immediately by the PORT upon
written notice to the CONTRACTOR with no further liability to the
CONTRACTOR on the part of the PORT.
D.
In the event the FAA modifies the requirement for ARFF service, the Agreement
may be modified accordingly with particular respect to number of personnel and
hours of service.
E.
Failure of the CONTRACTOR to perform services at a level commensurate with
the most current standards imposed by Federal law, or violations of the terms of this
contract, shall constitute grounds for termination on notice.
5)
MAINTENANCE OF SERVICE:
Neither CONTRACTOR nor its employees shall hinder, delay, limit, or suspend the
continuity of the Airport’s function, operation, or service in any manner that would
invalidate the Airport Operating Certificate. The CONTRACTOR shall not in any manner
coerce, intimidate, instigate, endure, sanction, suggest, conspire with, promote, support,
sponsor, engage in, condone or encourage any employee to participate in any strike,
slowdown, mass resignation, mass absenteeism or any type of concerted work stoppage. In
the event any of the above-described actions occur, the CONTRACTOR shall be obligated
to maintain ARFF services which are the subject of this Agreement.
6)
HOURS OF OPERATION:
The CONTRACTOR shall have qualified personnel on duty seven (7) days a week,
twenty-four (24) hours a day.
7)
EMPLOYMENT OF EXISTING ARFF PERSONNEL:
A.
If the CONTRACTOR must hire additional personnel to meet the manpower
requirements stated in Special Provision No. 5, the CONTRACTOR agrees to first
offer employment to the existing ARFF personnel employed at the Airport,
provided they meet the standard employment minimum qualifications of the
CONTRACTOR.
B.
The employment shall be on an active duty status, full time. The employee shall have
ten (10) days to accept the offer of employment. It is understood by the PORT that
employment of the personnel will be under the terms and conditions of the
CONTRACTORs usual agreement for employment used in connection with his
business.
8)
PERSONNEL REQUIREMENTS AND STAFFING:
A.
Staffing
The CONTRACTOR is responsible to provide coverage 24-hours a day, 7-days a
week with one Supervisor and two Driver/Operators on shift at all times.
`
The CONTRACTOR shall also provide such additional qualified personnel as
required to comply with the Washington Revised Statutes concerning fire
personnel during periods of employee vacation, sick leave, etc. and if the FAA
index is upgraded/downgraded per FAR 139 to another Index.
PROPOSAL
TO:
PORT of Moses Lake
In compliance with your Request for Proposals for ARFF services at the Grant County
International Airport, Moses Lake, Washington and subject to all conditions thereof, the undersigned
proposes to conduct an operation which complies with the highest commercial standards in the
industry.
The undersigned declares that all of the documents in the Request for Proposal have been
examined and that PROPOSER has fully familiarized himself with all the bid documents, General
and Special Provisions, terms and conditions of the Invitation to Submit a Proposal and the
Agreement, and if this proposal is accepted, the PROPOSER will contract with the
Commissioners of the PORT of Moses Lake to furnish the items as specified in the manner and
time prescribed in the agreement documents.
The undersigned agrees that all rules and regulations at the federal, state, and local levels
which may directly or indirectly affect the performance of the agreement shall be complied with in
all phases of the work performed therein.
The undersigned declares this proposal is made in good faith, without collusion or connection
with any other person or persons bidding for the same work, and that it is made subject to all terms
and conditions of the agreement documents.
The undersigned hereby agrees to furnish ARFF Services at the Airport, for the period of
August 1, 2017 through July 31, 2020, with an additional two-year option period, at the following
annual amounts:
August 1, 2017 through July 31, 2018 =
$
August 1, 2018 through July 31, 2019 =
$
August 1, 2019 through July 31, 2020 =
$
TOTAL FOR CONTRACT TERM =
$
OPTION TERM
August 1, 2020 through July 31, 2021 =
$
August 1, 2021 through July 31, 2022 =
$
TOTAL FOR OPTION TERM
$
Company Name
Signature
Title
Address
City, State, Zip
Telephone
Date
=
STATEMENT OF QUALIFICATIONS AND EXPERIENCE
PORT OF MOSES LAKE
AT
GRANT COUNTY INTERNATIONAL AIRPORT
General Information:
1)
Name of CONTRACTOR
Address
City
State
Zip
Phone
Fax
2)
Date of Incorporation:
3)
Number of years CONTRACTOR has provided Airport ARFF Services:
4)
Number of years CONTRACTOR has operated under the Federal Contract Services
Act: _________
5)
Names and experience of key personnel as listed:
President:
Vice President:
Treasurer/Vice President:
Secretary:
Controller:
6)
Total number of office personnel:
Total number of other personnel:
In What State:
7)
Total number of Airport ARFF or Firefighting Facilities operated:
8)
List Banking References:
9)
List Bonding Company:
10)
Bonding Limit:
PORT OF MOSES LAKE
CONTRACTOR CERTIFICATE
****THIS PAGE MUST BE COMPLETED, SIGNED, AND RETURNED****
****FAILURE TO DO SO WILL RESULT IN BID DISQUALIFICATION****
“A CONTRACTOR who contracts with a public contracting agency shall not
discriminate against minority, women, or emerging small business enterprises in
the awarding of subcontracts. The CONTRACTOR shall certify as part of the bid
documents accompanying the bid on a public contract that the CONTRACTOR has
not discriminated against minority, women, or emerging small business enterprises
in obtaining any required subcontracts.”
CHECK ONE:Bidder [ ] has [ ] has not discriminated against minority, women, or emerging
small business enterprises in obtaining any required subcontracts.
"In determining the lowest responsible bidder, a public contracting agency shall, for
the purpose of awarding the contract, add a percent increase on the bid of a
nonresident bidder equal to the percent, if any, of the preference given to that bidder
in the state in which the bidder resides.
"Resident bidder" means a bidder that has paid unemployment taxes or income taxes
in this state during the 12 calendar months immediately preceding submission of the
bid, has a business address in this state, and has stated in the bid whether the bidder is
a "resident bidder"....
"Nonresident bidder" means a bidder who is not a "resident bidder" as defined...."
CHECK ONE: Bidder is: [ ] Resident bidder
[ ] Nonresident bidder
If a resident bidder, enter your Washington business address:
If a nonresident bidder, enter state of residency:
BIDDER CERTIFIES UNDER PENALTY OF PERJURY THAT THE INFORMATION
PROVIDED ABOVE IS TRUE AND ACCURATE.
Signature:
Name (Print or Type):
Title:
Firm:
Telephone:
Date:
PART 2 B CONTRACT FORMS
AIRCRAFT RESCUE AND FIREFIGHTING SERVICES AND
AIRPORT SUPPORT SERVICES AGREEMENT
This Agreement is made and entered into by and between the Port of Moses Lake, a municipal
corporation of the State of Washington, hereinafter, the “PORT”, and [Company], a [corporation]
authorized to do business in the State of Washington, having its principal offices at 1234 Address, City,
State 11111, hereinafter, “CONTRACTOR.” Contractor’s Federal Identification Number is XXXXXXXXX.
RECITALS
WHEREAS, the PORT is the owner and operator of the premises known as the Grant County
International Airport, Moses Lake, Washington, hereinafter the “AIRPORT”;
WHEREAS, the AIRPORT currently operates as an Index “D” Airport by the Federal Aviation
Administration and is certificated and meets the Federal Aviation Regulation (FAR) Part 139 Airport
Rescue and Fire Fighting (ARFF) certification;
WHEREAS, the PORT is a party to contract no. W911S8-17-D-0002 dated October 1, 2016 with
the Department of the Army Mission and Installation Contracting Command at Joint Base LewisMcChord (hereinafter referred to as “JBLM”). The contract between the PORT and JBLM shall be
referred to as the “Prime Contract” in this Agreement. This Modification incorporates by reference certain
Prime Contract terms and conditions and other relevant terms and conditions stated in the Federal
Acquisition Regulation (“FAR”), the Defense Federal Acquisition Regulation Supplement (“DFARS”),
and the “Local Instructions” stated in the Prime Contract. All incorporated FAR and DFARS clauses are
listed in Attachment 1 to this Agreement;
WHEREAS, the PORT desires to contract for the professional management and operation of the
Airport’s Aircraft Rescue and Firefighting Facility and Equipment, (“ARFF Services”), for the safety of
Airport passengers and the general public utilizing such ARFF Services at the Airport and issued a
Request for Proposals, dated __________, for that purpose; and
WHEREAS, the CONTRACTOR submitted a Proposal to the PORT dated _____________,
hereinafter, the “PROPOSAL”, in response to the PORT’s Request for Proposals for the management and
operation of ARFF Services; and
WHEREAS, the PORT and the CONTRACTOR have agreed upon the terms and conditions for
the professional management and operation of said ARFF Services pursuant to the CONTRACTOR’s
PROPOSAL.
NOW, THEREFORE, in consideration of the foregoing Recitals set forth above, which are
incorporated herein and the terms, conditions and covenants set forth hereinafter, the parties agree as
follows:
25 - AIRCRAFT RESCUE AND FIREFIGHTING SERVICES AND AIRPORT SUPPORT SERVICES AGREEMENT
SECTION 1 –TERM
The term of this Agreement shall be for a period of three (3) years, commencing on August 1, 2017 and
expiring on July 31, 2020, unless sooner extended or terminated, as hereinafter provided.
1) The PORT hereby reserves the right to extend the term of this Agreement for up to two (2)
additional years, if it determines that it is in the best interest of the PORT to do so and if the
CONTRACTOR is in compliance with all the terms and conditions of this Agreement.
2) After each month’s performance, payment shall be made to the CONTRACTOR. Payments shall
be made in twelve (12) equal monthly installments. Other than the yearly base contract cost,
there shall be no other compensation paid to the CONTRACTOR without prior written approval
by the PORT.
For each contract year, plus Extension Term, if exercised, (August 1, 2017, to and including
July 31, 2022) during the term of this Agreement, the PORT shall pay the annual sums of:
First Year
Second Year
Third Year
Extension Year 1
Extension Year 2
2017-2018
2018-2019
2019-2020
2020-2021
2021-2022
$XXX.XX
$XXX.XX
$XXX.XX
$XXX.XX
$XXX.XX
3) The CONTRACTOR shall have qualified personnel on duty seven (7) days a week, for twentyfour (24) hours per day, without exception, to meet Federal Regulations.
4) Neither CONTRACTOR nor its employees shall hinder, delay, limit, or suspend the continuity of
the Airport’s function, operation, or service in any manner that would invalidate the Airport
Operating Certificate. The CONTRACTOR shall not in any manner coerce, intimidate,
instigate, endure, sanction, suggest, conspire with, promote, support, sponsor, engage in,
condone, or encourage any employee to participate in any strike, slowdown, mass
resignation, mass absenteeism, or any type of concerted work stoppage. In the event, any of
the above-described actions occur, the CONTRACTOR shall be obligated to maintain ARFF
services which are the subject of this Agreement.
SECTION 2 - SCOPE OF SERVICES AND REQUIREMENTS
TO BE PERFORMED BY CONTRACTOR
In the course of undertaking the services, requirements and responsibilities of this Agreement, the
CONTRACTOR shall:
1)
Be licensed to conduct business in the State of Washington.
2)
Commit to and have fully implemented by August 1, 2017, the ARFF Services and Airport
Support Services as described in this Agreement.
3)
Provide trained personnel who (i) shall meet the requirements under FAR Part 139 entitled and
the National Fire Protection Association (NFPA) recommended Practices and Standards, all
regulations and FAA Advisory Circulars as they now exist or may be hereinafter amended, are
26 - AIRCRAFT RESCUE AND FIREFIGHTING SERVICES AND AIRPORT SUPPORT SERVICES AGREEMENT
made a part of this Agreement, and (ii) who are trained by the CONTRACTOR commensurate
with the requirements of this Agreement, throughout the term of this Agreement.
4)
Be certified in hazardous materials management to an operational level and assist the PORT with
hazardous materials storage procedures and inspections.
5)
Perform Fueling Inspections of FBOs as required in Part 139 regulations and maintain a copy of
the records.
6)
Be knowledgeable in storm water pollution prevention.
7)
Be knowledgeable in wildlife management, as required and assist in the PORT’s wildlife
mitigation plan and recordkeeping.
8)
Assist the Executive Director or his representative in Emergency Planning and Coordination of
FAA required annual and tri-annual exercises.
9)
Maintain and submit daily airfield ACR and upon request issue any NOTAM’s request by the
Executive Director or designee.
10) Provide appropriate emergency training and first aid/CPR procedures for Airport staff.
11) Assist the PORT with fire alarm and suppression system testing, investigation and response,
including weekly pump tests and assisting with annual testing and certification.
12) Provide information and training services to local agencies about the Airport’s Emergency Plan.
13) Provide operational, safety and security patrols of Runways, Taxiways and other Port property.
14) Understand and follow all airport rules and regulations and assist with enforcement when
requested.
15) Upon the PORT’s request, to make management personnel available within twenty-four (24)
hours of notice.
16) Provide adequate staffing of uniformed professionals trained and disciplined to perform their
duties in an efficient manner.
17) Operate the ARFF Facility twenty-four (24) hours per day, seven (7) days a week.
18) Employ qualified management and staff to perform duties and responsibilities in accordance with
the Qualifications/Requirements.
19) Operate and maintain the ARFF facility and equipment hereunder and keep the same
improvements installed thereon in good order, condition and repair including cleanliness of all
vehicles inside and out, the daily removal of all trash and debris. Coordinate higher level
maintenance of building and vehicles with Executive Director or his representative.
20) Obtain, at CONTRACTOR’s sole expense, all licenses and permits necessary for its operations
under the ARFF Agreement. All operations shall be in strict conformity with all applicable
federal, state and local laws, rules and regulations.
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21) Control the conduct and demeanor of CONTRACTOR’s agents and employees and, upon
objection from the Executive Director concerning the misconduct or demeanor of any such
person, the CONTRACTOR shall immediately take all lawful steps to remove the cause of the
objection.
22) Supply and require ARFF personnel to wear suitable uniform attire at all times while on duty and
to wear and display badges or other suitable means of identification, which shall be subject to
prior and continuing approval of the Executive Director.
23) Submit the reports of its operations under this Agreement on the daily airport log.
24) Once annually perform ladder testing and certification.
25) Maintain and inventory all first aid kits and perform routine inspections and
maintenance/restocking as needed.
26) Monthly inspection of all fire extinguishers. Assist contractors with annual inspection,
maintenance, repair or replacement.
27) Provide and perform confined space rescue services.
28) Provide airfield escort services as directed by the PORT.
29) The CONTRACTOR must submit a schedule each month to the Executive Director indicating
who is working, what shift and any leave requests. Also, any leave request of more than seven
(7) consecutive days must be made available to the Executive Director for comment prior to
approval.
30) The PORT may at any time, by written order, make changes to the foregoing scope of work. If
any such change causes an increase or decrease in the cost of or the time required for the
performance of the work, an equitable adjustment shall be made in the price or delivery schedule
or both, and the agreement shall be modified in writing accordingly. Any claim for adjustment
under this clause must be asserted in writing within thirty (30) days from the date of receipt by
the CONTRACTOR of the change.
31) The CONTRACTOR acknowledges that the PORT is the primary contact for the Prime Contract.
The CONTRACTOR shall make a best effort to interface with JBLM through the PORT’s
representative. If communications are initiated by JBLM directly with the CONTRACTOR
concerning the work, the CONTRACTOR will coordinate with the PORT prior to answering such
communications. The PORT shall not be liable for work performed at the direction of JBLM that
exceeds the CONTRACTOR’s scope of work contemplated herein. In no instance will the
CONTRACTOR contact JBLM’s contracting officer or the contracting officer’s representative
without prior consent from the PORT; such consent will not be unreasonably withheld. Only with
the approval of or jointly with the PORT shall the CONTRACTOR contact JBLM’s contracting
officer or the contracting officer’s representative concerning the Prime Contract.
SECTION 3 - ARFF PLAN
CONTRACTOR shall establish and maintain an Aircraft Rescue and Fire Fighting Plan (the “Plan”), to
describe the methods of compliance with this Agreement. At the time of the award of this Agreement, the
CONTRACTOR shall submit a final Plan for the PORT to review and approve. Proposed changes to the
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Plan during the term of the Agreement are to be transmitted to the Executive Director for review and
approval, as appropriate. The Plan shall include, but not be limited to, the following:
1) Management and Personnel Policies. Hiring, salary structure, promotional practices, benefit
packages, leave request, and disciplinary procedures.
2) Assignment. Descriptions and schedule.
3) Emergency Response Procedures. A detailed description of standard operating procedures for
emergency response and implementation.
4) Training. A description of all initial and periodic training received by selected CONTRACTOR’s
personnel, including examples of exams verifying knowledge of necessary elements of fire safety
practices.
5) Reports. Copies of all reports utilized by the CONTRACTOR for compliance and assignment
documentation.
6) Equipment. A description of equipment that the CONTRACTOR may provide and its operational
usage.
7) Inspections. The CONTRACTOR shall identify an inspection system covering all Agreement
requirements and services as identified herein and related contractual documents. This system
shall stipulate scheduled and unscheduled inspections, how often and in what manner the
inspections will be accomplished, the name and rank of personnel who will perform the
inspections, recording method and quality assurance program. CONTRACTOR shall develop
standard operating inspection procedures of equipment and safety devices.
8) Corrective Action Procedures. Procedures which will be used by the CONTRACTOR to respond
to and correct deficiencies in service which have been identified by the Executive Director.
9) Electronic Documents and Manuals. Any and all electronic documents and manuals developed in
the course of the Plan shall become the property of the PORT.
SECTION 4 - CONTRACTOR RESPONSIBILITIES
1) The CONTRACTOR shall perform under this Agreement in accordance with the highest
standards and shall observe and comply with any and all requirements of the duly constituted
public authorities and with all federal, state, or local statutes, ordinances, regulations and
standards including, but not limited to rules and regulations promulgated from time to time by the
PORT applicable to CONTRACTOR and the operation of the Airport.
2) The CONTRACTOR shall respond to structural fires within the Airport boundary only upon the
request of the County Fire District, and authorization of PORT, provided that such responses do
not in any way interfere with the capability to provide the ARFF services required by this
Agreement.
3) The CONTRACTOR shall develop all necessary reporting forms, for example, training records,
log books and other records relating to ARFF functions. These records are to be kept on Airport
premises and made readily available for inspection by the PORT Administration and the Federal
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Aviation Administration (FAA). The reports shall include all accidents, incidents, safety
inspections and any safety violation related to ARFF occurring at the Airport.
The CONTRACTOR shall ensure that proper log entries are made and the reports are submitted
as required to the Executive Director. Forms must be acceptable to the FAA.
4) All personnel shall be employees of the CONTRACTOR, and the CONTRACTOR shall pay all
salaries, social security taxes, federal and state unemployment insurance and any and all other
taxes relating to such employees.
5) The CONTRACTOR acknowledges that FAR § 52.222-41 is among the regulations incorporated
to this Modification (see Attachment 1). CONTRACTOR is obligated to comply with FAR §
52.222-41, which implements the Service Contract Labor Standards. CONTRACTOR will
perform its work so that it will furnish all reports, notices to employees, maintain records,
compensate employees with prevailing wages and benefits, make disclosures, and otherwise
comply with these standards as outlined in FAR § 52.222-41. The Port will have the right to
inspect CONTRACTOR’s workplace and records at any time with reasonable notice to confirm
CONTRACTOR has and is complying with FAR § 52.222-41.
The wage rates to be paid and benefits to be given to all laborers, workers and mechanics who
perform any part of this Agreement shall be not less than the prevailing wage rates and benefits as
required by the Service Contracts Acts, as amended. This requirement applies to laborers,
workers and mechanics whether they are employed by the CONTRACTOR, Subcontractors, SubSubcontractors, or any other person who performs a portion of the work contemplated by this
Agreement. The current wage rates and benefits can be found at www.wdol.gov.
6) The CONTRACTOR is required to include this provision in all sub-contracts and shall require
that it be placed in all sub-subcontracts at any tier. The PORT reserves the right at all times to
inspect and audit the CONTRACTOR’s records and performance hereunder.
7) All radios installed in the apparatus and buildings shall be used only in accordance with rules and
regulations issued by the FAA, the Federal Communications Commission and the Executive
Director.
8) The CONTRACTOR shall furnish, store, control and clean all necessary material, supplies,
equipment and apparatus (i.e. janitorial supplies, paper supplies, office supplies, VCR/DVD
tapes, projectors, etc.) to satisfactorily perform the ARFF Services.
The CONTRACTOR shall respond to ARFF emergencies which occur on Airport property,
including, but not limited to the following:
a.
b.
c.
d.
Crash/fires involving any aircraft within the Airport boundary
Fire occurring in any hangar within the Air Operations Area (“AOA”) (within the
security fence)
Fire/emergencies occurring in the Terminal Building
Aviation fuel spillage
The CONTRACTOR shall further respond as directed by the Executive Director or his
representative to any emergency the Executive Director may designate, provided, the scope of
the CONTRACTOR’s responsibility under the provisions of this paragraph may be more
specifically defined in a comprehensive ARFF Plan developed by the Executive Director and the
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CONTRACTOR.
A copy of the existing Airport Operations Emergency Plan is available for viewing at the office
of the Executive Director.
9) The CONTRACTOR shall ensure that adequate ARFF personnel are available to meet minimum
response times in emergency situations.
10) The CONTRACTOR shall inspect the AOA at least two (2) times daily, once during daylight
hours and once at night. During these inspections, the CONTRACTOR shall identify hazards,
debris and inoperative runways, taxiways and ramp lighting. Deficiencies are to be reported to
the Director of Facilities and Operations or his representative on the Daily Report Form.
11) The CONTRACTOR shall regularly and routinely inspect Airport premises from the standpoint
of fire or hazard potential in accordance with FAR Part 139.301; NFPA and the International
Fire Codes and recommend corrective action in writing whenever necessary. CONTRACTOR
shall give said reports to the Director of Facilities and Operations or his representative on the
Daily Report Form.
12) It shall be the responsibility of the CONTRACTOR to provide Airport safety inspections.
13) The CONTRACTOR shall be responsive to the Airport Operations Emergency Plan as it applies
to ARFF functions in the following areas:
a) Aircraft Accident
b)
Personal Injury and Illness
c)
Bomb Threats or Hoax
d)
Disabled Aircraft
e)
Structural Fires
f)
Natural Disasters
g)
Civil Disturbances
h)
Radiation Accident or Nuclear Attack
i) Mutual Aid Plans
j) Hazardous Materials
14) The CONTRACTOR shall store and control all necessary materials required to satisfactorily
perform the duties and tasks identified.
15) The CONTRACTOR shall at sole expense, obtain all permits, licenses, franchises, and consents
required by law or necessity to perform the work, and will give all notices and pay all fees and
otherwise comply with all applicable city, county, state and federal laws, ordinances, rules, and
regulations. The CONTRACTOR shall indemnify and hold the Port harmless from and against
any liability, expense, or loss resulting from the CONTRACTOR’s failure to do so.
16) The CONTRACTOR shall perform visual inspection and functional testing of fire hydrants
within Airport boundaries which shall include but not be limited to marking and painting in
coordination with the City of Moses Lake.
17) The CONTRACTOR shall become certified to train Airport employees in First Aid, CPR,
Automated External Defibrillation, Hazardous Materials Handling, Storm Water Pollution
Prevention, Hands-on Fire Extinguisher use and Incident Command System.
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18) The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract.
The CONTRACTOR shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to (1) employees performing the work
contemplated herein and other persons who may be affected thereby; (2) materials and
equipment under care, custody or control of the CONTRACTOR or the CONTRACTOR’s
Subcontractors or Sub-subcontractors; and (3) other property at the site or adjacent thereto, such
as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities.
19) The CONTRACTOR shall comply with and give notices required by applicable laws, statutes,
ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on
safety of persons or property or their protection from damage, injury or loss.
20) When use or storage of explosives or other hazardous materials or equipment or unusual
methods are necessary for execution of the work contemplated herein, the CONTRACTOR shall
exercise utmost care and carry on such activities under supervision of properly qualified
personnel.
21) The CONTRACTOR shall perform other miscellaneous duties and tasks as directed by the
Executive Director or his representative provided they are not of a nature that will result in
additional costs over and above those expressly identified in the Agreement.
22) The CONTRACTOR’s Prime Responsibility is ARFF. Structural fires, not involving aircraft
and on Airport premises outside the AOA shall be the responsibility of the County Fire District.
Firefighting equipment operated by the CONTRACTOR and personnel of the CONTRACTOR
will respond to structural fires on the Airport premises to render assistance only upon the request
of the County Fire District, provided that such response does not in any way interfere with the
capability to provide the ARFF Services required by this Agreement.
23) The CONTRACTOR shall perform under this Agreement in accordance with the highest
standards and shall observe and comply with any and all requirements of the duly constituted
public authorities and with all federal, state, or local statutes, ordinances, regulations, and
standards including, but not limited to, rules and regulations promulgated from time to time by
the PORT applicable to the CONTRACTOR and the operation of the Airport.
24) Incorporated in this Agreement are the provisions of Executive Order 11246 (as amended) of the
President of the United States on Equal Employment Opportunity and the rules and regulations
issued pursuant thereto with which the CONTRACTOR represents he will comply, unless
exempt.
25) The building housing the fire equipment shall be maintained in a neat and clean appearance and
condition. The CONTRACTOR shall be responsible for all minor interior repairs, maintenance
and minor alterations (to include: interior paint, carpet, cleaning, windows, etc.). The
CONTRACTOR shall be responsible for the removal of debris, snow, and ice from around the
ARFF station which would interfere with operational effectiveness. The CONTRACTOR will
be required to provide grounds maintenance around the ARFF building.
26) ARFF personnel will be required to respond to security alarms after regular business hours
and/or as requested by the Executive Director. The CONTRACTOR shall also provide at their
expense:
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ARFF Department Supervisor - a cell phone and a pager
A pager to each ARFF Shift Supervisor and Driver/Operator
Security Training and Badging at the Airport for all ARFF employees
SECTION 5 - AIRPORT SECURITY
1) The ARFF Facilities afford access onto the Airport aprons, taxiways, runways and other restricted
areas. CONTRACTOR shall, at CONTRACTOR’s expense, take whatever steps are necessary to
prevent persons and vehicles from unauthorized access to the Airport.
2) CONTRACTOR shall be responsible for the security of that portion of the Airport perimeter
fence and gates that are located on the ARFF Facilities. Said gates on the ARFF Facilities
permitting entry to the Airport shall be secured and locked at all times.
3) CONTRACTOR shall exercise control over any persons or vehicles, including employees, on the
contracted space, whether badged or escorted and under the authority and/or control of
CONTRACTOR. CONTRACTOR shall ensure persons or vehicles comply with all Airport
security regulations and shall have each employee Security Badged with the Airport.
CONTRACTOR shall be responsible to pay all fees and charges associated with the background
checks, badging, training and deposits. CONTRACTOR shall promptly pay any civil penalty or
fine assessed against the Airport or CONTRACTOR by the Federal Aviation Administration or
any governmental agency for the violation of Airport security regulations caused by
CONTRACTOR’s failure to comply with the provisions of this section.
SECTION 6 - PORT PROVIDED EQUIPMENT
The PORT will furnish the following facilities and equipment with its own resources:
a) ARFF Facility
b) Five (5) ARFF vehicles
i)
C-1 Ford ¾ Ton 4x4 Crew Cab Pickup
ii)
C-3 2011 Rosenbauer 1500
iii)
C-4 1990 Oshkosh T-1500
iv)
C-5 1988 Oshkosh T-3000
v)
C-6 2009 E-1 3000
c) Radios and communications equipment
d) Protective clothing consisting of Proximity Suits
e) Most standard household appliances
f) Fuel and oil
SECTION 7 - ARFF FACILITY MAINTENANCE
1) No improvements, alterations, or additions shall be made in, to, or upon the ARFF facility
without the prior written consent of the PORT, and all such improvements, structures, alterations,
additions and work shall be in accordance with plans and specifications which have been
approved in writing, in advance, by the PORT.
2) The PORT will be responsible for structural repairs, roof, HVAC, doors and exterior walls, major
maintenance repairs and alterations.
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3) Upon expiration or earlier termination of the Agreement, the CONTRACTOR shall
remove all CONTRACTOR owned appliances from the premises.
4) The building and immediate area which houses the fire equipment shall be maintained in a neat
and clean appearance and condition by the CONTRACTOR at all times.
The CONTRACTOR shall be responsible for the removal of debris, snow and ice from within
seventy-two inches (72") of the ARFF building. Trash removal will be the responsibility of the
CONTRACTOR. ARFF employees may dispose of work related everyday household trash and
debris in the PORT dumpster located near the ARFF station.
5) The CONTRACTOR shall supply all bed coverings, pillows, blankets and sheets.
SECTION 8 - VEHICLE MAINTENANCE
1) The CONTRACTOR shall establish a schedule to wash and clean the vehicles used for ARFF at
least once each week (inside and out) or more frequently as required. CONTRACTOR will
supply cleaning materials and supplies required for interior and exterior vehicle cleaning.
2) For the vehicles listed in Section 6 and provided by the PORT, the CONTRACTOR shall provide
first-line preventative fire equipment maintenance. The CONTRACTOR will establish a driver’s
daily checklist for vehicles to include all firefighting equipment carried on the vehicle. The
CONTRACTOR’s maintenance responsibility is as follows:
a)
b)
c)
d)
e)
Daily shift inspections including checking and refilling oil levels in all gear boxes.
General cleaning of the vehicles.
Replacement of light bulbs and seal beams as required.
Conduct Conductivity test every six (6) months in accordance with FAR 139.
A schedule for pump testing shall be developed by the CONTRACTOR to conform to the
recommended practices of NFPA.
3) Any and all other required maintenance for the ARFF vehicles will be provided by the PORT
upon notification to the Director of Facilities and Operations of such needs.
SECTION 9 - INDEPENDENT CONTRACTOR
1) The CONTRACTOR shall be an independent CONTRACTOR in every respect and not an agent
of the PORT. This Agreement does not create an employment relationship, agency, partnership or
joint venture between the parties. Neither the PORT nor the CONTRACTOR, nor any of their
respective employees, representatives, contractors or affiliates, may act on behalf of the other, or
bind the other in any manner whatsoever, or control or direct the methods by which either party
performs its responsibilities.
2) The PORT shall give the CONTRACTOR prompt and reasonable notice of any such claim or
action made or filed against it, and shall tender the defense thereof to CONTRACTOR. In the
event that the CONTRACTOR does not settle or compromise such claim, then the
CONTRACTOR shall undertake the legal defense of such claim both on behalf of the
CONTRACTOR and behalf of the PORT. It is specifically agreed, however, that the PORT at its
own cost and expense, may participate in the legal defense of any such claim. Any judgment,
final beyond all possibility of appeal, rendered against the PORT for any cause for which the
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CONTRACTOR is liable hereunder shall be conclusive against the CONTRACTOR as to
liability and amount upon the expiration of the time for appeal.
3) Punitive fines issued by the Federal Aviation Administration for violation of FAR’s or any other
applicable federal, state and local laws levied against the Airport shall be thoroughly investigated
by the PORT. In those instances, found to be based upon the negligence or error of the
CONTRACTOR and/or its employees, for any reason, said fines shall be assessed to the
CONTRACTOR without limitation and shall be paid to Airport in full within thirty (30) calendar
days of notification of CONTRACTOR by the PORT.
4) The PORT hereby reserves the right to adopt rules and regulations not in conflict with federal
rules and regulations pertaining to Airport and aircraft operations, noise, vibrations, fumes, dust
and particles. The CONTRACTOR hereby agrees to operate in compliance with said rules and
regulations so adopted and hereby waive any claims, rights, damages or costs of any kind against
the PORT incurred by CONTRACTOR in complying with said Rules and Regulations.
SECTION 10 - PERSONNEL
1) All employees of CONTRACTOR shall meet the minimum qualifications as required.
2) The CONTRACTOR shall remove from duty any employee who the Executive Director
documents to be improperly trained or in any way deficient or delinquent in any of the terms and
conditions of this Agreement and upon such removal, the CONTRACTOR shall replace such
removed employee with another qualified one.
3) Consumption of alcoholic beverages by ARFF personnel during the performance of their duties is
prohibited and use of such beverages during duty hours shall cause the immediate termination by
CONTRACTOR of any ARFF employee. Under no circumstances may any ARFF employee use
or consume any alcohol nine hours prior to or during work time, during work breaks, or during
the lunch hour when such employee will or can be reasonably expected to be back on the job at
his or her work station immediately following such work break or luncheon. Use of mood
altering chemicals such as barbiturates, narcotics, amphetamines, hallucinogens and marijuana
will be grounds for termination of employment.
The only exception to this policy shall be when taking a prescribed dosage of a chemical
substance while under the care of a physician, provided such medication does not impair the
ARFF employee’s ability to perform his duties, and employee has notified his immediate
supervisor.
4) Personnel must comply with the following minimum standards for dress:
a) The PORT requires certain groups, including the ARFF Services CONTRACTOR, to wear
uniforms and to maintain a high standard of appearance so as to identify the profession, the
individual, and the PORT in a positive and professional manner when in uniform on duty.
b) Uniformed public contract employees are required to adhere to the responsibility of the
CONTRACTOR to establish procedures for the consistent enforcement of all appearance
standards.
c) The uniform will be provided to ARFF personnel by CONTRACTOR and will be one that is
approved by the Executive Director.
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d) The uniform must be neat, clean, pressed and presentable at all times and must pass
reasonable inspection.
e) Any person found out of uniform will be immediately relieved of duty and replaced, as
hereinbefore provided.
f) A minimum acceptable uniform shall consist of:
i)
Trousers, shirt, work t-shirts, headgear, belt, ties, boots, and jacket - all appropriate to
weather, season and post;
ii) Appropriate sleeve patches identifying the PORT and Airport Rescue and
Firefighting. CONTRACTOR shall provide name tags, boots, and badges for all
personnel;
iii) Firefighting turnout gear, provided by the PORT
5) The CONTRACTOR shall provide yearly physicals for its existing personnel that will include a
substance abuse test, TB test and hepatitis immunizations. The CONTRACTOR shall also
provide a pre-employment physical, substance abuse test and hepatitis immunizations for each
prospective employee as a condition of employment.
6) CONTRACTOR and its personnel are specifically prohibited from issuing or making any public
statements to media except when requested and directed to do so by the Executive Director.
SECTION 11 - TRAINING REQUIREMENTS
1) CONTRACTOR shall be responsible for all personnel employed by CONTRACTOR to be fully
trained within one (1) year of hire date in all aspects of ARFF Services. CONTRACTOR shall be
responsible for all personnel employed by the CONTRACTOR to be fully trained in aircraft
crash, fire and rescue duties. Such personnel shall be fully trained in the application of local,
state, and federal regulations. The CONTRACTOR’s employees shall be trained to ensure
maximum efficiency for the duties assigned. The CONTRACTOR shall develop an on-going,
continuous classroom training program keeping precise records as to what classroom training has
transpired, course materials used, hours, dates and attendance records. Such records shall be kept
for each individual and made available to the Executive Director on request. The
CONTRACTOR shall establish a training and familiarization program for all Airport ARFF
personnel in the following areas which may be reviewed with the Executive Director:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
Airport familiarization
Aircraft familiarization
Rescue and firefighting personnel safety
Emergency communications systems on the Airport, including fire alarms
Use of the fire hoses, nozzles, turrets and other appliances
Application of the types of extinguishing agents
Emergency aircraft evacuation assistance
Firefighting operations
Adapting and using structural rescue and firefighting equipment for aircraft rescue and
firefighting
Aircraft cargo hazards
Familiarization with Fire Fighters’ duties under the Airport Emergency Plan
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2) The training program shall include classroom studies and on-the-job training. Individual
personnel files and records indicating type, extent, and dates of training received will be
maintained. An annual “live fire” training drill, as required by FAA, shall be conducted at a time
determined by the Executive Director. All rescue and firefighting personnel participate in at least
one “live fire” drill every twelve (12) months. All on-duty ARFF employees shall be required to
participate in each drill.
3) All personnel on duty during air carrier operations must be trained and current in basic first
response medical care. This training shall include forty (40) hours covering at least the following
areas:
a)
b)
c)
d)
e)
f)
g)
h)
i)
Bleeding
Cardiopulmonary resuscitation
Shock
Primary patient survey
Injuries to the skull, spine, chest, and extremities
Internal injuries
Moving patients
Burns
Triage
4) Each year of the Agreement the Department Supervisor will attend two (2) training courses as
agreed upon.
Each year of the Agreement a Shift Supervisor and an Engineer will attend an Advanced ARFF Training.
Depending on location and availability of the school, the CONTRACTOR shall pay transportation,
housing, per diem, and registration for said training.
SECTION 12 - INSURANCE
1) CONTRACTOR shall, at its sole expense, secure and maintain the following policies
of insurance:
a) Commercial General Liability. Subject to the following combined single limits per
occurrence: $5,000,000 each occurrence / $5,000,000 aggregate.
b) Automobile Liability. Subject to the following combined single limits per occurrence:
$5,000,000 each occurrence.
c) Worker’s Compensation and Social Security. CONTRACTOR shall, upon request, furnish to
the Port adequate evidence of provisions for Workers’ Compensation Insurance, Social
Security and Unemployment Compensation to the extent such provisions are applicable to the
Contractor’s operations in performance of the Original Agreement and Modification. Upon
request by the Port, the Contractor shall also furnish evidence that it is complying with
Worker’s Compensation, Social Security and Unemployment Compensation laws and
regulations.
2) A certificate evidencing such insurance coverage shall be filed with PORT upon execution of this
Agreement, and such certificate shall provide that such insurance coverage will not be canceled
or reduced without at least thirty (30) days prior written notice to the PORT. At least ten (10)
37 - AIRCRAFT RESCUE AND FIREFIGHTING SERVICES AND AIRPORT SUPPORT SERVICES AGREEMENT
days prior to the expiration of any such policy, a certificate showing that such insurance coverage
has been renewed shall be filed with the PORT. If such insurance coverage is canceled or
reduced, CONTRACTOR shall, within fifteen (15) days after receipt of written notice from the
PORT of such cancellation or reduction in coverage, file with the PORT a certificate showing that
the required insurance has been reinstated or provided through an insurance company or
companies. PORT shall be named as additional insured on all policies as specified in this
contract.
3) In the event that CONTRACTOR shall at any time fail to furnish the PORT with the certificate or
certificates required, the PORT, upon written notice to CONTRACTOR of its intention to do so,
shall have the right to secure the required insurance, at the cost and expense of CONTRACTOR,
and CONTRACTOR agrees to reimburse the PORT promptly for the cost thereof and ten percent
(10 %) for cost of administration.
4) Worker’s Compensation and Social Security. CONTRACTOR shall, upon request, furnish to the
PORT, adequate evidence of provisions for Workers’ Compensation Insurance, Social Security
and Unemployment Compensation; to the extent such provisions are applicable to
CONTRACTOR’s operations hereunder.
5) Waiver of Subrogation. Any physical damage insurance carried by CONTRACTOR on
construction equipment, tools, temporary structures and supplies owned or used by
CONTRACTOR shall provide a waiver of the right of subrogation against the PORT.
6) With the exception of the Automobile Liability coverage, no policies of insurance required under
this Section shall contain an arbitration or alternative dispute resolution clause applicable to
disputes between the insurer and its insureds. Any and all disputes concerning (a) terms and scope
of insurance coverage afforded by the policies required hereunder and/or (b) extra-contractual
remedies and relief, which may be afforded policyholders in connection with coverage disputes,
shall be resolved in Washington Superior Court, applying Washington law.
7) Indemnification. CONTRACTOR shall indemnify, defend, and save harmless the PORT, its
elected officials, officers, employees, agents and actions, including attorney fees for bodily
injury, death to person or damage to property to the extent and proximately arising out of the
negligence or willful misconduct of the CONTRACTOR or CONTRACTOR’s subcontractors,
agents or employees during performance of this Agreement.
SECTION 13 - PROHIBITION AGAINST ASSIGNMENT
The CONTRACTOR shall not have the right and privilege of sale, assignment or transfer of this
Agreement for the provision of Aircraft Rescue and Firefighting Services.
SECTION 14 - CANCELLATION PRIOR TO TERMINATION
Either party, for cause, may terminate this Agreement by giving a minimum of one hundred twenty (120)
days written notice to the other, sent by United States Certified Mail, return receipt requested, postage
prepaid, at the address hereinafter set forth. If any termination occurs during the one hundred twenty
(120) days from the date of commencement given in Section 15 of this Agreement Term, hereinbefore,
then, in that event, and effective from the date of termination, the obligation to employ any PORT ARFF
personnel, as stipulated in Agreement, will cease.
38 - AIRCRAFT RESCUE AND FIREFIGHTING SERVICES AND AIRPORT SUPPORT SERVICES AGREEMENT
In addition to the termination rights and obligations stated herein, the work contemplated will
automatically expire upon the occurrence of any of the following conditions, whichever first occurs: (i)
official announcement of the termination of the Prime Contract; or (ii) upon completion of the Prime
Contract, including options that are exercised by JBLM. In the event of termination by the
CONTRACTOR, any assignment or undertaking to deliver any deliverables will be completed if desired
by the PORT. In the event of termination by the Port, the work shall be discontinued as provided in the
termination instruction that shall be forwarded to the CONTRACTOR at the time of termination.
SECTION 15 - DEFAULT--CANCELLATIONS BY CONTRACTOR
This Agreement shall be subject to cancellation by CONTRACTOR after the happening of one or more of
the following events:
1) The permanent abandonment of the Airport as an air transportation facility;
2) The lawful assumption by the United States Government or any authorized agency thereof, of the
operation, control or use of the Airport, or any substantial part of parts thereof, in such a manner
as substantially to restrict CONTRACTOR for a period of at least ninety (90) days from operating
thereon;
3) Issuance by a court of competent jurisdiction of any injunction in any way preventing or
restraining the use of the Airport, and the remaining in force of such injunction for a period of at
least ninety (90) days;
4) The default by the PORT in the performance of any covenant or agreement herein required to be
performed by the PORT and the failure of the PORT to remedy such default for a period of thirty
(30) days after receipt from CONTRACTOR of written notice to remedy the same. If such
default requires more than thirty (30) days to
cure and at the expiration of said term PORT is
diligently attempting to cure said default then, in that event, PORT shall have a reasonable time to
cure same.
5) The loss, subsequent to FAA inspection, of certification of the Airport.
CONTRACTOR may exercise such right of termination by written notice to the PORT at any
time after the elapse of the applicable periods of time and this Agreement shall terminate as of
that date. Payments due hereunder by the PORT shall be payable only to the date of said
termination.
SECTION 16 - DEFAULT--CANCELLATIONS BY THE PORT
This Agreement shall be subject to cancellation by the PORT in the event of any one or all of the
following, or should CONTRACTOR be in default in any one or all of the following:
1) The permanent abandonment of the Airport as an air transportation facility.
2) The lawful assumption by the United States Government or any authorized agency thereof,
of the operation, control or use of the Airport, or any substantial part or parts thereof, in such
a manner as substantially to restrict CONTRACTOR for a period of at least ninety (90) days,
from operating thereon.
39 - AIRCRAFT RESCUE AND FIREFIGHTING SERVICES AND AIRPORT SUPPORT SERVICES AGREEMENT
3) Issuance by a court of competent jurisdiction of any injunction in any way preventing or
restraining the use of the Airport, and the remaining in force of such injunction for a period
of at least ninety (90) days.
4) Fail, neglect, and/or refuse to pay any monies, payments, and/or charges agreed to be paid
herein by CONTRACTOR, promptly and when due and payable under the terms hereof.
5) In the event CONTRACTOR shall fail, neglect, and/or refuse to keep and perform any
and/or all agreements contained in the Agreement, and if such default continues for a period
of more than ten (10) days after notice thereof is given in writing by the PORT to
CONTRACTOR or if such default requires more than ten (10) days to cure it and after the
expiration of said ten (10) day period and CONTRACTOR is not in the process of curing
such default and thereafter does not continue to cure same diligently.
6) File a voluntary petition in bankruptcy, and/or any involuntary petition is filed.
7) In the event of any material default or breach of this Agreement by the CONTRACTOR, the
PORT may give notice to the CONTRACTOR of such default or breach. If the
CONTRACTOR fails to cure such default or breach within 10 days of receipt of such notice,
then this Agreement shall be deemed to have been terminated on the 30th day following
receipt of such notice.
8) If ownership or control of the CONTRACTOR changes to a degree deemed material by the
PORT, the PORT may, at its option, terminate this Agreement.
9) Abandon the premises for a continued period of seven (7) days at any one time, except when
such abandonment is caused by fire, flood, war, or other calamity beyond CONTRACTOR’s
control.
10) Non-appropriations.
In any of the aforesaid events, the PORT may take immediate possession of the premises
and remove CONTRACTOR’s effects, forcibly, if necessary, without being deemed guilty
of trespassing. Upon said entry, this Agreement shall terminate.
Failure of the PORT to declare this Agreement terminated upon the default of
CONTRACTOR for any of the reasons set out shall not operate to bar or destroy the right of
the PORT to cancel this Agreement by reason of that or any subsequent violation of the
terms hereof.
SECTION 17 - DISPUTE RESOLUTION
1) Claims arising out of or related to this Agreement will be subject to mediation as a condition
precedent to arbitration or the institution of legal or equitable proceedings by either party. The
parties will endeavor to resolve their claims by mediation which, unless the parties mutually
agree otherwise, shall be in accordance with the rules of the American Arbitration Association
currently in effect. Request for mediation shall be filed in writing with the other party and with
the American Arbitration Association. The request may be made concurrently with the filing of a
demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or
legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days
from the date of filing, unless stayed for a longer period by agreement of the parties or court
40 - AIRCRAFT RESCUE AND FIREFIGHTING SERVICES AND AIRPORT SUPPORT SERVICES AGREEMENT
order. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall
be held in Grant County, unless another location is mutually agreed upon. Agreements reached in
mediation shall be enforceable as settlement agreements in any court having jurisdiction.
2) If a decision on any question of fact arising under the Prime Contract is made by the JBLM’s
Contracting Officer and such question of fact is also the same question presented under this
Agreement, said decision, if binding upon the PORT under the Prime Contract shall in turn be
binding upon the CONTRACTOR with respect to such question insofar as it is related to this
Agreement, PROVIDED, however, that if the CONTRACTOR is adversely affected by any such
decision made by the Contracting Officer, and if the PORT elects to waive and refuse to appeal
such decision pursuant to the “Disputes” clause of the Prime Contract, the PORT shall promptly
notify the CONTRACTOR. If the CONTRACTOR thereafter timely requests the PORT to appeal
such decision, the PORT shall do so, so long as such appeal does not violate any law, including
the False Claims Act. If the PORT appeals such decision, whether at its election or at the
CONTRACTOR’s request, any decision upon such an appeal, if binding upon the PORT under
the Prime Contract shall in turn be binding upon the CONTRACTOR under this Agreement with
respect to such questions of fact insofar as it is related to this Agreement.
3) If any such appeal is denied or otherwise decided adversely to the CONTRACTOR’s interest, or
if the CONTRACTOR is otherwise adversely affected by any decision made by JBLM’s
Contracting Officer on any question of fact and/or law arising under the Prime Contract that is
also related to this Agreement, from which an appeal under the “Disputes” clause in the Prime
Contract is not available, said decision, if binding upon the PORT under the Prime Contract, shall
in turn be binding upon CONTRACTOR.
4) The rights and obligations described herein shall survive completion of and final payment under
this Agreement.
5) The CONTRACTOR agrees to pay all costs and expenses incurred by the PORT (including
attorney fees) in enforcing the PORT’s rights under this Agreement, whether or not a lawsuit or
arbitration has been commenced.
SECTION 18 – INDEMNITY
1) To the extent permitted by law, the CONTRACTOR will defend, indemnify, and hold harmless
the PORT and its Commissioners, officers, agents, and employees from all liability, claims,
judgments, damages, losses and expenses (including attorney, consultant, and expert witness fees)
arising out of, in connection with, or related to, either directly or indirectly, the performance of
the Agreement, which is caused or alleged to be caused in whole or in part by the
CONTRACTOR’s (including its subcontractor’s, sub-subcontractor’s, suppliers, vendor’s, and
their respective employees’) negligent acts or omissions (hereinafter referred to as “Contractor’s
Indemnity Obligation”).
2) Pursuant to RCW 4.24.115, if liability, claim, judgment, damage, loss, or expense arise from the
concurrent negligence of (a) the PORT or the PORT’s agents or employees and (b) the
CONTRACTOR or CONTRACTOR’s employees, the Contractor’s Indemnity Obligation
provided in the preceding paragraph shall be valid and enforceable only to the extent of the
CONTRACTOR’s negligence or the negligence of its employees.
3) THE CONTRACTOR SPECIFICALLY ASSUMES ALL POTENTIAL LIABILITY FOR
ACTIONS BROUGHT BY ITS EMPLOYEES AND, SOLELY FOR THE PURPOSE OF
41 - AIRCRAFT RESCUE AND FIREFIGHTING SERVICES AND AIRPORT SUPPORT SERVICES AGREEMENT
ENFORCING CONTRACTOR’S INDEMNITY OBLIGATION, THE CONTRACTOR
SPECIFICALLY WAIVES ANY IMMUNITY GRANTED UNDER THE STATE’S
INDUSTRIAL INSURANCE LAWS CODIFIED IN TITLE 51 RCW AND AS MAY BE
LATER AMENDED. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE
PARTIES. THE CONTRACTOR SHALL SIMILARLY REQUIRE THAT EACH
SUBCONTRACTOR IT RETAINS IN CONNECTION WITH THE CONTRACT COMPLY
WITH THE TERMS OF THIS AGREEMENT, WAIVE IMMUNITY GRANTED UNDER
TITLE 51 RCW, AND ASSUME ALL LIABILITY FOR ACTIONS BROUGHT BY
EMPLOYEES OF THE SUBCONTRACTOR.
4) The Contractor’s Indemnity Obligation shall not be construed to negate, abridge or otherwise
reduce any other right or obligation of indemnity that would otherwise exist as to any person or
entity described in this Agreement.
SECTION 19 – NON-DISCRIMINATION
This Agreement shall be subordinate to the provisions of any existing or future agreements between the
PORT and the United States Government, relative to the operation or maintenance of the Airport, the
execution of which has been or will be required as a condition precedent to the granting of Federal funds
for the development of the Airport, to the extent that the provisions of any such existing or future
agreements are generally required by the United States at other civil air carrier Airports receiving Federal
funds, and provided that PORT agrees to have the current Federal Assurances on file at the Executive
Director’s office for review at any reasonable time.
1) Compliance with Non-Discrimination.
a) CONTRACTOR, for itself, its heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree that:
i)
No person on the grounds of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the
use of the contracted space.
ii) In the construction of any improvements on, over, or under the contracted space and the
furnishing of services thereon, no person on the grounds of race, color, or national
original shall be excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination.
iii) CONTRACTOR shall use the contracted space in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally-assisted programs of the Department of Transportation-Effectuation of Title VI
of the Civil Rights Act of 1964, and as said Regulations may be amended.
iv) In the event facilities are constructed, maintained, or otherwise operated on the contracted
space for a purpose for which a DOT program or activity is extended or for another
purpose involving the provision of similar services or benefits, CONTRACTOR shall
maintain and operate such facilities and services in compliance with all other
requirements imposed pursuant to Title 49 , Code of Federal Regulations, DOT, Subtitle
A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted programs of
42 - AIRCRAFT RESCUE AND FIREFIGHTING SERVICES AND AIRPORT SUPPORT SERVICES AGREEMENT
the Department of Transportation-Effectuation of Title VI of the Civil Rights of 1964,
and as said Regulations may be amended.
b) In the event of breach of any of the above nondiscrimination covenants, the PORT shall have
the right to terminate the Agreement and to reenter and repossess said land and the facilities
thereon, and hold the same as if said Agreement had never been made or issued. This
provision does not become effective until the procedures of 49 CFR Part 21 are followed and
completed, including expiration of appeal rights.
c) CONTRACTOR shall furnish its accommodations and/or services on a fair, equal and not
unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not
unjustly discriminatory prices for each unit or service.
d) Noncompliance with Provision C above shall constitute a material breach thereof and in the
event of such noncompliance the PORT shall have the right to terminate this Agreement and
the estate hereby created without liability therefore or at the election of the PORT or the
United States either or both said governments shall have the right to judicially enforce
Provisions A, B and C.
2) Affirmative Action Requirements.
CONTRACTOR assures that it will undertake an affirmative action program as required by
14 CFR Part 152, Subpart E, to ensure that no person shall, on the grounds of race, creed, color,
national origin, or sex, be excluded from participating in any employment activities covered in
14 CFR Part 152, Subpart E. CONTRACTOR assures that no person shall be excluded on these
grounds from participating in or receiving the services or benefits of any program or activity
covered by this subpart. CONTRACTOR assures that it will require that its covered sub
organizations provide assurances to CONTRACTOR that they similarly will undertake
affirmative action programs and that they will require assurances from their sub organizations, as
required by 14 CFR Part 152, Subpart E, to the same effect.
3) Disadvantaged Business Policy.
It is the policy of the Department of Transportation that Disadvantaged Business Enterprises
(DBE) as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal funds under this Agreement.
Consequently, the DBE requirements of 49 CFR Part 23 applies to this Agreement.
The recipient or its CONTRACTOR agrees to ensure that DBEs as defined in 49 CFR Part 23
have the maximum opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with Federal funds provided under this Agreement. In this regard, all
recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR
Part 23 to ensure that DBE’s have the maximum opportunity to compete for and perform
contracts. Recipients and their CONTRACTORS shall not discriminate on the basis of race,
color, national origin, or sex in the award and performance of DOT-assisted contracts.
SECTION 20 - MISCELLANEOUS
This Agreement has been made, and shall be construed, in accordance with the laws of the State of
Washington. CONTRACTOR and PORT agree that in any action or suit filed in regard to
enforcement of this Agreement, the same shall be filed or brought in Grant County, Washington.
43 - AIRCRAFT RESCUE AND FIREFIGHTING SERVICES AND AIRPORT SUPPORT SERVICES AGREEMENT
1) Headings and Definitions.
With respect to all such clauses incorporated by reference in Attachment 1, the term “contractor”
or “offeror” shall mean “the CONTRACTOR” (i.e., [contractor]), the term “contract” shall mean
this Agreement, the terms “Subcontractor” shall mean the CONTRACTOR’s lower-tiered
subcontractors or vendors, and the term “subcontract” shall mean the subcontracts or purchase
orders awarded to lower-tier subcontractors or vendors of the CONTRACTOR. Further, the
Attachment 1 clauses are modified generally wherever the terms of the “Government” and
“Contracting Officer” are used, they shall mean the “the PORT” and the “PORT’s
Representative” or “Executive Director,” respectively, under this Agreement. The meaning of the
term “Government” shall not change in phrases like “Government Furnished Property,”
“Government Property,” and other similar phrases. In no event will the aforementioned terms for
“Government,” “Contracting Officer” or equivalent phrases apply to clauses such as
“Examination of Records by the Comptroller General,” “Audit-negotiation” or other clauses that
by a change in meaning allow access by the PORT to the Contractor’s financial or management
records, unless such access is governed by other terms in this Agreement.
The section and subsection headings contained herein are for convenience in reference and are
not intended to define or limit the scope of any provision of this Agreement.
2) Non-Appropriation.
The PORT has sufficient funds currently available and authorized for expenditure to finance the
costs of this Agreement within the PORT’s fiscal year budget. CONTRACTOR understands and
agrees that the PORT’s payment of amounts under this Agreement attributable to work performed
after the last day of the current fiscal year is contingent on the PORT’s appropriations, or other
expenditure authority sufficient to allow the PORT, in the exercise of its reasonable
administrative discretion, to continue to make payments under this Agreement. In the event the
PORT has insufficient appropriations, limitations or other expenditure authority, the PORT may
terminate this Agreement without penalty or liability to the PORT, effective upon the delivery of
written notice to CONTRACTOR, with no further liability to CONTRACTOR.
3) Time of the Essence.
Time is of the essence of each of CONTRACTOR’s obligations under this Agreement.
4) Notice.
Notices to the PORT provided for herein shall be sufficient if sent by first class mail and certified
mail, return receipt requested, postage prepaid, addressed to:
PORT of Moses Lake
Executive Director
7810 Andrews St., Suite 200
Moses Lake, Washington 98837
(509) 762-5363
and notices to CONTRACTOR, if sent by first class mail and certified mail, return receipt
requested, to:
Company
Attn: General Counsel
44 - AIRCRAFT RESCUE AND FIREFIGHTING SERVICES AND AIRPORT SUPPORT SERVICES AGREEMENT
Address
City, Sate ZIP
With a copy to:
Name
Title
Company
Address
City, Sate ZIP
or to such other addresses as the parties may designate to each other in writing from time-to-time.
With respect to any notices, submittals or claims required to be submitted by the CONTRACTOR
to the PORT or to JBLM via the PORT by clauses listed in Attachment 1, such notices,
submittals or claims shall be delivered or furnished as follows: (a) if the clause or provision
specifies “30 days,” it shall be changed to read “20 days;” (b) if the clause or provision specifies
“60 days,” it shall be changed to read “40 days;” (c) if the clause or provision specifies “90 days,”
it shall be changed to read “60 days.”
5) Consent and Approval.
If approval or consent is required pursuant to the terms of this Agreement, CONTRACTOR
agrees that approval or consent will not be unreasonably withheld by the PORT or Executive
Director. The parties acknowledge the right of JBLM to approve subcontracts and to direct the
PORT to perform all obligations under the Prime Contract. The parties further agree that no
provision contained herein may restrict the right of JBLM in its dealings with the PORT.
6) Public Records.
Any and all written information submitted to and/or obtained by the PORT from CONTRACTOR
or any other person or entity having to do with or related to this Agreement and/or the contracted
space, either pursuant to this Agreement or otherwise, at the option of the PORT, may be treated
as a public record open to inspection by the public pursuant to the Washington Public Records
Statutes as now in force or hereafter amended, or any Act in substitution hereof, or otherwise
made available to the public and CONTRACTOR hereby waives, for itself, its agents, employees,
subtenants and any person claiming by, through or under CONTRACTOR, any right or claim that
any such information is not a public record or that the same is a trade secret or confidential
information and hereby agrees to indemnify and hold the PORT harmless from any and all
claims, demands, liabilities and/or obligations arising out of or resulting from a claim by
CONTRACTOR or any third party that such information is a trade secret, or confidential, or not
subject to inspection by the public, including without limitation reasonable attorney's fees and
costs.
7) Disposition of Abandoned Personal Property.
If CONTRACTOR abandons or quits the contracted space or is dispossessed thereof by process
of law or otherwise, title to any personal property belonging to CONTRACTOR and left on the
contracted space 15 days after such event shall be deemed to have been transferred to the PORT.
The PORT shall have the right to remove and to dispose of such property without liability
therefore to CONTRACTOR or to any person claiming under CONTRACTOR, and shall have no
need to account therefore.
45 - AIRCRAFT RESCUE AND FIREFIGHTING SERVICES AND AIRPORT SUPPORT SERVICES AGREEMENT
8)
Partial Invalidity.
If any term, covenant, condition, or provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall
remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.
9) Non-Waiver of Rights.
The failure of PORT or CONTRACTOR to insist upon strict performance of any of the terms,
covenants, or conditions of this Agreement shall not be deemed a waiver of any right or remedy
that the PORT or CONTRACTOR may have, and shall not be deemed a waiver of the right to
require strict performance of all the terms, covenants, and conditions of this Agreement
thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant
or condition of the Agreement. Any waiver, in order to be effective, must be signed by the party
whose right or remedy is being waived.
10) Execution of Multiple Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall be an original, but
all of which shall constitute one instrument.
11) Entire Agreement.
This Agreement represents the entire agreement between the PORT and CONTRACTOR relating
to CONTRACTOR’s leasing of the contracted space and shall supersede all previous
communications, representations, or agreements, whether verbal or written, between the parties
hereto with respect to such leasing. It is understood and agreed by CONTRACTOR that neither
the PORT nor the PORT’s agents or employees have made any representations or promises with
respect to this Agreement or the making or entry into this Agreement, except as in this Agreement
expressly set forth, and that no claim or liability or cause for termination shall be asserted by
CONTRACTOR against the PORT for, and the PORT shall not be liable by reason of, the
claimed breach of any representations or promises not expressly stated in this Agreement, any
other oral agreement with the PORT being expressly waived by CONTRACTOR.
Any modifications, changes, additions, or deletions to this Agreement must be approved by
CONTRACTOR and the PORT in writing and attached and incorporated by reference into this
Agreement.
12) Conflict of Interest.
The parties agree that they will avoid any conflict of interest or improper business practices
relative to the services being provided hereunder. Specific program concerns shall be set forth in
the Prime Contract and any amendments thereto. The parties agree to notify each other
immediately should any service requested under this Agreement create or give the appearance of
a potential or actual conflict of interest or may give rise to an improper business practice as they
are regulated under FAR Part 3.
13) Calculation of Time.
Unless referred to as Business Days, all periods of time referred to in this Agreement include
Saturdays, Sundays, and Legal Holidays. However, if the last day of any period falls on a
Saturday, Sunday or legal holiday, then the period shall be extended to include the next day
46 - AIRCRAFT RESCUE AND FIREFIGHTING SERVICES AND AIRPORT SUPPORT SERVICES AGREEMENT
which is not a Saturday, Sunday or Legal Holiday. “Legal Holiday” shall mean any holiday
observed by the PORT. “Business Days” shall mean Monday through Friday and shall exclude
Saturday, Sunday and Legal Holidays.
14) Authority.
If CONTRACTOR is a corporation, each individual executing this Agreement on behalf of said
corporation represents and warrants that he is duly authorized to execute and deliver this
Agreement on behalf of said corporation, in accordance with the by-laws of said corporation, and
that this Agreement is binding upon said corporation. Approval by the PORT Commissioners is
required before work can be done.
15) Preemption.
If the provisions incorporated by reference are contradictory to provisions that are fully stated,
then the fully stated provisions shall control. If any of the incorporated provisions contradict the
terms of this Agreement, the incorporated terms of the Prime Contract shall control.
16) Survival.
The terms, conditions, representations and all warranties contained in this Contract shall survive
the termination or expiration of this Contract.
17) Governing Law, Jurisdiction, Venue.
This contract shall be governed and construed in accordance with the laws of the State of
Washington without resort to any jurisdiction’s conflict of laws, rules or doctrines. Any claim,
action, suit or proceeding (collectively, “the claim”) between the PORT (and/or any other port or
department of the State of Washington) and the CONTRACTOR that arises from or relates to this
contract shall be brought and conducted solely and exclusively within the Circuit Court of Grant
County for the State of Washington. Provided, however, if the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States
District Court for the District of Washington filed in Grant County, Washington.
CONTRACTOR, by the signature herein of its authorized representative, hereby consents to the
in person am jurisdiction of said courts.
18) Foreign Contractor.
If the CONTRACTOR is not domiciled in or registered to do business in the State of Washington,
CONTRACTOR shall promptly provide to the Washington Department of Revenue and the
Secretary of State Corporation Division all information required by those agencies relative to this
Contract. The CONTRACTOR shall demonstrate its legal capacity to perform these services in
the State of Washington prior to entering into this contract.
19) Records Maintenance/Access.
CONTRACTOR shall maintain all fiscal records relating to this contract in accordance with
generally accepted accounting principles, and federal circulars (as applicable). In addition,
CONTRACTOR shall maintain any other records pertinent to this contract in such a manner as to
clearly document CONTRACTOR’s performance hereunder. CONTRACTOR acknowledges and
agrees that the PORT and its duly authorized representatives shall have access to such fiscal
records and to all other books, documents, electronic files, papers, plans and writings of
47 - AIRCRAFT RESCUE AND FIREFIGHTING SERVICES AND AIRPORT SUPPORT SERVICES AGREEMENT
CONTRACTOR that are pertinent to this contract for the purpose of performing examinations
and audits, and making excerpts and transcripts.
20) Compliance with Applicable Law.
CONTRACTOR shall comply with all federal, state and local laws and ordinances applicable to
the work under this contract, as well as other statutes as set forth in Attachment 2 – Compliance
With Applicable Law, which is by this reference made a part hereof. Without limiting the
generality of the foregoing, CONTRACTOR expressly agrees to comply with: (i) Title VI of the
Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans
with Disabilities Act of 1990 (Pub L No. 101-336), and all regulations and administrative rules
established pursuant to those laws; and (iv) all other applicable requirements of federal, state and
local civil rights and rehabilitation statues, rules and regulations.
21) Authority relating to CAO/BOC.
Prior Approval Required: Approval by the PORT of Moses Lake Commissioners or the Executive
Director is required before any work may begin under this contract.
22) Confidentiality HIPAA / FERPA.
Confidentiality: CONTRACTOR acknowledges and agrees it is responsible for ensuring
compliance with all applicable confidentiality laws, including but not limited to the Health
Insurance Portability Accountability Act (HIPAA) and Family Educational Rights and Privacy
Act (FERPA).
[Signature page follows]
48 - AIRCRAFT RESCUE AND FIREFIGHTING SERVICES AND AIRPORT SUPPORT SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties or their duly authorized representatives have signed this
Agreement the day and year first written above.
CONTRACTOR:
PORT:
COMPANY
PORT OF MOSES LAKE
(Grant County Port District No. 10)
By: ________________________________
Signature
______________________________________
Jeffrey Bishop, Executive Director
_________________________________
Type or Print Name
Approved as to form:
_________________________________
Title
_________________________________
PORT Counsel
State of ________________
County of ______________
)
) ss.
)
This instrument was acknowledged before me on ______________, 2017, by
__________________________ as _____________________ of Company, Inc.
Notary Public – State of
My Commission Expires:
State of Washington
County of Grant
)
) ss.
)
This instrument was acknowledged before me on ______________, 2017, by Jeffrey Bishop as
Executive Director of Port of Moses Lake.
Notary Public – State of Washington
My Commission Expires: ___________________
49 - AIRCRAFT RESCUE AND FIREFIGHTING SERVICES AND AIRPORT SUPPORT SERVICES AGREEMENT
Attachment 1
CLAUSES INCORPORATED BY REFERENCE
52.202-1
52.203-3
52.203-6 Alt I
52.203-12
52.203-17
52.204-4
52.204-9
52.204-13
52.204-19
52.209-9
52.212-4
52.223-10
52.227-1
52.227-2
52.229-3
52.232-39
52.232-40
52.237-3
52.242-13
52.242-15
52.245-1
52.246-25
52.247-34
52.253-1
252.201-7000
252.203-7000
252.203-7002
252.204-7003
252.204-7006
252.204-7012
252.205-7000
Definitions
NOV 2013
Gratuities
APR 1984
Restrictions On Subcontractor Sales To The
OCT 1995
Government (Sep 2006) -- Alternate I
Limitation On Payments To Influence Certain Federal OCT 2010
Transactions
Contractor Employee Whistleblower Rights and
APR 2014
Requirement To Inform Employees of Whistleblower
Rights
Printed or Copied Double-Sided on Postconsumer Fiber MAY 2011
Content Paper
Personal Identity Verification of Contractor Personnel JAN 2011
System for Award Management Maintenance
JUL 2013
Incorporation by Reference of Representations and
DEC 2014
Certifications.
Updates of Publicly Available Information Regarding JUL 2013
Responsibility Matters
Contract Terms and Conditions--Commercial Items
MAY 2015
Waste Reduction Program
MAY 2011
Authorization and Consent
DEC 2007
Notice And Assistance Regarding Patent And Copyright DEC 2007
Infringement
Federal, State And Local Taxes
FEB 2013
Unenforceability of Unauthorized Obligations
JUN 2013
Providing Accelerated Payments to Small Business
DEC 2013
Subcontractors
Continuity Of Services
JAN 1991
Bankruptcy
JUL 1995
Stop-Work Order
AUG 1989
Government Property
APR 2012
Limitation Of Liability--Services
FEB 1997
F.O.B. Destination
NOV 1991
Computer Generated Forms
JAN 1991
Contracting Officer's Representative
DEC 1991
Requirements Relating to Compensation of Former DoDSEP 2011
Officials
Requirement to Inform Employees of Whistleblower
SEP 2013
Rights
Control Of Government Personnel Work Product
APR 1992
Billing Instructions
OCT 2005
Safeguarding Covered Defense Information and Cyber DEC 2015
Incident Reporting.
Provision Of Information To Cooperative Agreement DEC 1991
Holders
1 - ATTACHMENT 1
252.209-7004
252.232-7003
252.232-7010
252.237-7010
252.243-7001
252.243-7002
252.245-7001
252.245-7002
252.247-7023
252.247-7024
Subcontracting With Firms That Are Owned or
Controlled By The Government of a Country that is a
State Sponsor of Terrorism
Electronic Submission of Payment Requests and
Receiving Reports
Levies on Contract Payments
Prohibition on Interrogation of Detainees by Contractor
Personnel
Pricing Of Contract Modifications
Requests for Equitable Adjustment
Tagging, Labeling, and Marking of GovernmentFurnished Property
Reporting Loss of Government Property
Transportation of Supplies by Sea
Notification Of Transportation Of Supplies By Sea
OCT 2015
JUN 2012
DEC 2006
JUN 2013
DEC 1991
DEC 2012
APR 2012
APR 2012
APR 2014
MAR 2000
CLAUSES INCORPORATED BY FULL TEXT
52.111-4004
ELECTRONIC COMMERCE
In accordance with the FAR Part Two, electronic commerce definition, and FAR Subparagraph 4.502
(Electronic Commerce in Contracting Policy), the Contractor shall communicate with the Government
utilizing electronic mail.
(End of clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2016)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which
are incorporated in this contract by reference, to implement provisions of law or Executive orders
applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78
(19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer
has indicated as being incorporated in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as
appropriate.)
XXX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I
(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
2 - ATTACHMENT 1
XXX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of
2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American
Recovery and Reinvestment Act of 2009.)
XXX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015)
(Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
XXX (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743
of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN
2014) (Pub. L. 111-117, section 743 of Div. C).
XXX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July
2013) (41 U.S.C. 2313).
____ (10) [Reserved]
____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C.
657a).
_
____ (ii) Alternate I (NOV 2011) of 52.219-3.
____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (JAN 2011) of 52.219-4.
____ (13) [Reserved]
____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
XXX (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).
3 - ATTACHMENT 1
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Oct 2001) of 52.219-9.
____ (iii) Alternate II (Oct 2001) of 52.219-9.
____ (iv) Alternate III (Oct 2015) of 52.219-9.
____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
(19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).
____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV
2011) (15 U.S.C. 657f).
XXX (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C.
632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged
Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business
Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
XXX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126).
XXX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
XXX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
XXX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
XXX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
XXX (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
XXX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496).
XXX (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and
E.O. 13627).
____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
XXX (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to
the acquisition of commercially available off-the-shelf items or certain other types of commercial items as
4 - ATTACHMENT 1
prescribed in 22.1803.)
____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items
(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available
off-the-shelf items.)
____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition
of commercially available off-the-shelf items.)
____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (June, 2016) (E.O. 13693).
____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air
Conditioners (June, 2016) (E.O. 13693).
____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s
13423 and 13514).
____ (ii) Alternate I (OCT 2015) of 52.223-13.
____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and
13514).
____ (ii) Alternate I (Jun 2014) of 52.223-14.
XXX (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT
2015) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-16.
XXX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)
(E.O. 13513).
____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).
____ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
____(46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and
112-43.
____ (ii) Alternate I (May 2014) of 52.225-3.
____ (iii) Alternate II (May 2014) of 52.225-3.
5 - ATTACHMENT 1
____ (iv) Alternate III (May 2014) of 52.225-3.
____ (47) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
XXX (48) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and
statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul
2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
____ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
____ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42
U.S.C. 5150).
____ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.
4505, 10 U.S.C. 2307(f)).
____ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
XXX (54) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July
2013) (31 U.S.C. 3332).
____ (55) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management
(July 2013) (31 U.S.C. 3332).
____ (56) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (58)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
____ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial
services, that the Contracting Officer has indicated as being incorporated in this contract by reference to
implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(Contracting Officer check as appropriate.)
XXX(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
XXX (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
XXX (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41
U.S.C. chapter 67).
XXX (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment
6 - ATTACHMENT 1
(Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment
(MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts
for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C.
chapter 67).
_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts
for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).
XXX(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).
_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42
U.S.C. 1792).
_____ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this
paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified
acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller
General, shall have access to and right to examine any of the Contractor's directly pertinent records
involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and
other evidence for examination, audit, or reproduction, until 3 years after final payment under this
contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the
other clauses of this contract. If this contract is completely or partially terminated, the records relating to
the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising
under or relating to this contract shall be made available until such appeals, litigation, or claims are finally
resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and
other data, regardless of type and regardless of form. This does not require the Contractor to create or
maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant
to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause,
the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a
subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be
as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all
subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to
small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the
subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
7 - ATTACHMENT 1
(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required
in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xi) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and
E.O. 13627).
_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter
67.)
(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for
Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)
(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
2302 Note).
(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.
1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause
52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal
number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.216-18
ORDERING. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery
orders or task orders by the individuals or activities designated in the Schedule. Such orders may be
issued from:
8 - ATTACHMENT 1
Base Year:
Option Year 1:
Option Year 2:
Option Year 3:
Option Year 4:
1 October 2016 through 30 September 2017
1 October 2017 through 30 September 2018
1 October 2018 through 30 September 2019
1 October 2019 through 30 September 2020
1 October 2020 through 30 September 2021
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event
of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the
order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if
authorized in the Schedule.
(End of clause)
52.216-19
ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an
amount of less than $1.00 (insert dollar figure or quantity), the Government is not obligated to purchase,
nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $ 1000000.00
(2) Any order for a combination of items in excess of $1000000.00
(3) A series of orders from the same ordering office within 5 working days that together call for
quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the
Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one
requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph
(b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the
maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office
within 3 working days after issuance, with written notice stating the Contractor's intent not to ship the
item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the
supplies or services from another source.
(End of clause)
9 - ATTACHMENT 1
52.216-21
REQUIREMENTS (OCT 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period
stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only
and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's
requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the
Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the
Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract,
the Contractor shall furnish to the Government all supplies or services specified in the Schedule and
called for by orders issued in accordance with the Ordering clause. The Government may issue orders
requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the
supplies or services specified in the Schedule that are required to be purchased by the Government
activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit
on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that
delivery may be specified under this contract, and if the Contractor will not accept an order providing for
the accelerated delivery, the Government may acquire the urgently required goods or services from
another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall
be completed by the Contractor within the time specified in the order. The contract shall govern the
Contractor's and Government's rights and obligations with respect to that order to the same extent as if the
order were completed during the contract's effective period; provided, that the Contractor shall not be
required to make any deliveries under this contract after 09/30/2016 [insert date].
(End of clause)
52.217-8
OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates
specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor
rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the
total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may
exercise the option by written notice to the Contractor within
(insert the period of time within
which the Contracting Officer may exercise the option).
(End of clause)
52.217-9
OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
10 - ATTACHMENT 1
(a) The Government may extend the term of this contract by written notice to the Contractor within 30
calendar days; provided that the Government gives the Contractor a preliminary written notice of its
intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not
commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this
option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not
exceed five (5) years and 6 months (66) months from the date of award..
(End of clause)
52.232-19
AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)
Funds are not presently available for performance under this contract beyond 30 September 2017 – Base
Year; 30 September 2018 – Option Year 1; 30 September 2019 – Option Year 2; 30 September 2020 –
Option Year 3; and 30 September 2021 – Option Year 4 . The Government's obligation for performance
of this contract beyond that date is contingent upon the availability of appropriated funds from which
payment for contract purposes can be made. No legal liability on the part of the Government for any
payment may arise for performance under this contract beyond, 30 September 2017 – Base Year; 30
September 2018 – Option Year 1; 30 September 2019 – Option Year 2; 30 September 2020 – Option
Year 3; and 30 September 2021 – Option Year 4 until funds are made available to the Contracting Officer
for performance and until the Contractor receives notice of availability, to be confirmed in writing by the
Contracting Officer.
(End of clause)
52.252-2
CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they
were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the
full text of a clause may be accessed electronically at this/these address(es):
http://www.arnet.gov/far
http://farsite.hill.af.mil
(End of clause)
52.252-6
AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1)
clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the
clause.
11 - ATTACHMENT 1
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement
(DFARS), (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of
"(DEVIATION)" after the name of the regulation.
(End of clause)
252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)
(a) Definitions. As used in this provision—
“System for Award Management (SAM) database” means the primary Government repository
for contractor information required for the conduct of business with the Government.
“Commercial and Government Entity (CAGE) code” means—
(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial
or Government entity; or
(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records
and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”
“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by
Dun and Bradstreet, Inc. (D&B) to identify unique business entities.
“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned
by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no
affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion
of the business concern to establish additional SAM records for identifying alternative Electronic
Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern.
“Registered in the System for Award Management (SAM) database” means that—
(1) The contractor has entered all mandatory information, including the DUNS number or the
DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database;
and
(2) The contractor has completed the Core Data, Assertions, Representations and Certifications,
and Points of Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the
Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor
will be required to provide consent for TIN validation to the Government as part of the SAM
registration process; and
(4) The Government has marked the record “Active.”
32)
(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective
awardee shall be registered in the SAM database prior to award, during performance, and through final
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payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement
resulting from this solicitation.
33)
(2) The offeror shall enter, in the block with its name and address on the cover page of its offer,
the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the
offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the
Contracting Officer to verify that the offeror is registered in the SAM database.
34)
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to
obtain one.
35)
(1) An offeror may obtain a DUNS number—
36)
(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet
access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or
37)
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The
offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun
and Bradstreet office.
38)
(2) The offeror should be prepared to provide the following information:
39)
(i) Company legal business name.
40)
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
41)
(iii) Company physical street address, city, state and Zip Code.
42)
(iv) Company mailing address, city, state and Zip Code (if separate from physical).
43)
(v) Company telephone number.
44)
(vi) Date the company was started.
45)
(vii) Number of employees at your location.
46)
(viii) Chief executive officer/key manager.
47)
(ix) Line of business (industry).
48)
(x) Company Headquarters name and address (reporting relationship within your entity).
49)
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the
Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful
registered Offeror.
50)
(e) Processing time, which normally takes 48 hours, should be taken into consideration when
registering. Offerors who are not registered should consider applying for registration immediately upon
receipt of this solicitation.
51)
(f) Offerors may obtain information on registration at https://www.acquisition.gov.
52)
(End of Provision)
252.216-7006 ORDERING (MAY 2011)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery
orders or task orders by the individuals or activities designated in the contract schedule. Such orders may
be issued from 1 October 2016 through 30 September 2017.
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(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event
of conflict between a delivery order or task order and this contract, the contract shall control.
(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the
Electronic Document Access system, and notice has been sent to the Contractor.
(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the
Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S.
mail or private delivery services.
(3) Orders may be issued orally only if authorized in the schedule.
(End of Clause)
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a
unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area
WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment
certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment
requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission
of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-(1) Have a designated electronic business point of contact in the System for Award Management at
https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for selfregistration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through
WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at
https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic
Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting
payment requests and receiving reports in WAWF for this contract/order:
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(1) Document type. The Contractor shall use the following document type(s).
Invoice 2-in-1 (Services Only)
(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified
but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and
“Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance
location(s) in WAWF, as specified by the contracting officer.
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to
fill in applicable fields in WAWF when creating payment requests and receiving reports in the
system.
Routing Data Table*
-------------------------------------------------------------------------------------------Field Name in WAWF
Data to be entered in WAWF
-------------------------------------------------------------------------------------------Pay Official DoDAAC
F67100
Issue By DoDAAC
W911S8
Admin DoDAAC
W911S8
Inspect By DoDAAC
F2Y1C2
Ship To Code
F2Y1C2
Ship From Code
Not Applicable
Mark For Code
Not Applicable
Service Approver (DoDAAC)
Not Applicable
Service Acceptor (DoDAAC)
Not Applicable
Accept at Other DoDAAC
Not Applicable
LPO DoDAAC
Not Applicable
DCAA Auditor DoDAAC
Not Applicable
Other DoDAAC(s)
Not Applicable
-------------------------------------------------------------------------------------------(4) Payment request and supporting documentation. The Contractor shall ensure a payment request
includes appropriate contract line item and subline item descriptions of the work performed or supplies
delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined
in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send
Additional Email Notifications” field of WAWF once a document is submitted in the system.
INSPECTOR: [email protected]
ACCEPTOR: [email protected]
15 - ATTACHMENT 1
RECEIVING OFFICE POC: [email protected]
CONTRACT ADMINISTRATOR:
CONTRACTING OFFICER:
ADDITIONAL CONTACT:
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF
from the following contracting activity's WAWF point of contact.
(Not applicable)
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
SECTION J
The Performance Work Statement, Wage Determination and the Technical Exhibits are part of this
solicitation and are attached separately.
ADDENDUM 52.212-1
Addendum to Clause 52.212-1
(c) Period of acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 calendar
days from the date specified for receipt of offers or, if requested, from the date specified for receipt of
final proposal revisions.
(End of Addendum)
DFAR 252.225-7012
53)
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (AUG 2016)
This DFAR Clause is added by (reference)
16 - ATTACHMENT 1
Attachment 2
Compliance with Applicable Law
17 - ATTACHMENT 1