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					     REQUEST FOR PROPOSALS NO.:
         W9128A-12-R-0010



 Multiple Award Task Order Contract
               (MATOC)
                  For
     Design-Bid-Build (DBB) and
   Design-Build (DB) Construction
Services for the DoD on Oahu, Hawaii




      U.S.
      U S Army Corps
        of Engineers
    HONOLULU DISTRICT
                          TABLE OF CONTENTS
                                                    FOR
                              REQUEST FOR PROPOSALS NO.:
                                   W9128A-12-R-0010

Multiple Award Task Order Contract (MATOC) for Design-Bid-Build (DBB) and Design-Build (DB) Construction
Services for the DoD on Oahu, Hawaii


SF 1442                             SOLICITATION


SECTION 00010                       PROPOSAL SCHEDULE
                                    [Attachment 1] - PROFIT EVALUATION SHEET


SECTION 00100                       INSTRUCTIONS TO OFFERORS


SECTION 00120                       PROPOSAL SUBMISSION REQUIREMENTS AND EVALUATION
                                    FACTORS
                                    [Attachment 1] - CONTRACT DATA SHEET
                                    [Attachment 2] - PAST PERFORMANCE QUESTIONNAIRE
                                    [Attachment 3] - SAMPLE PROJECT SECTION 01 90 10

SECTION 00600                       REPRESENTATIONS & CERTIFICATIONS
                                    [Attachment 1] - DISCLOSURE OF LOBBYING ACTIVITIES


SECTION 00700                       CONTRACT CLAUSES
                                    [Attachment 1] - DAVIS BACON WAGE TABLE


SECTION 00800                       SPECIAL CONTRACT REQUIREMENTS
                                    [Attachment 1] - PROJECT SIGNS

SECTION 00900                       SAMPLE PROJECT REQUESTS FOR INFORMATION (RFIs)
INSTRUCTIONS TO OFFERORS:

  1) Offerors are required to complete and return the following sections of this solicitation in their entirety:
     SECTIONS 00010, 00600, and Disclosure of Lobbying Activities. Offerors shall also follow
     instructions in SECTION 00120, “Proposal Submission Requirements and Evaluation Factors.” Please
     note that the Representations and Certifications must be completed electronically via the Online
     Representations and Certifications Application (ORCA) website at: http://orca.bpn.gov.

  2) See SECTION 00700, DFARS Clause 252.204-7004, Alternate A, regarding registration in the CCR
     Database. Lack of registration in the CCR Database will make an offeror ineligible for award.
    SOLICITATION, OFFER,                  1. SOLICITATION NO.                 2. TYPE OF SOLICITATION          3. DATE ISSUED                PAGE OF PAGES
        AND AWARD                                                                   SEALED BID    (IFB)
                                            W9128A-12-R-0010                                                                                        1 OF   91
 (Construction, Alteration, or Repair)                                          X NEGOTIATED (RFP)

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

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



7. ISSUED BY                           CODE      W9128A                             8. ADDRESS OFFER TO        (If Other Than Item 7) CODE
CECT - CONTRACTING DIVISION
USACE, HONOLULU
BLDG 230, ROOM 103
                                                                                        See Item 7
FT. SHAFTER HI 96858-5440



TEL: 808-438-9548                        FAX: 808-858-8570                            TEL:                                     FAX:
9. FOR INFORMATION                A. NAME                                                    B. TELEPHONE NO.      (Include area code)        (NO COLLECT CALLS)
CALL:                             THEODORE T TURNEY                                          808-438-8591

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



 Multiple Aw ard Task Order Contract (MATOC) for "Design-Bid-Build" (DBB) and Design-Build (DB) Construction Services for the DoD on Oahu, Haw aii

 NAICS Code applicable to this w ork is:
 236220 - COMMERCIAL AND INSTITUTIONAL BUILDING CONSTRUCTION (Size Standard: $33.5M)

 In reference to block 11 below , periods of performance and notices to proceed w ill be provided per task order.




11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving
    aw ard, X notice to proceed. This performance period is          X mandatory,         negotiable.          FAR 52.211-10
                                                                                                          (See _________________________ .)
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?                                          12B. CALENDAR DAYS
(If "YES," indicate within how many calendar days after award in Item 12B.)
           YES     X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specified in Item 8 by ___________               (hour)
   local time ______________ (date).         If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers
   shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee       is,    X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
                                 60
D. Offers providing less than _______ calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

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

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


                                                                                           See Item 14


CODE                                   FACILITY CODE


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


AMOUNTS              SEE SCHEDULE OF PRICES


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


AMENDMENT NO.

      DATE

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

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



22. AMOUNT                               23. ACCOUNTING AND APPROPRIATION DATA


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

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




                                              CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
    28. NEGOTIATED AGREEMENT                    (Contractor is required to sign this                 29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.)         Contractor agrees               Y our of f er on this solicitation, is hereby accepted as to the items listed. This award con-
to f urnish and deliv er all items or perf orm all work, requisitions identif ied              summates the contract, which consists of (a) the Gov ernment solicitation and
on this f orm and any continuation sheets f or the consideration stated in this                y our of f er, and (b) this contract award. No f urther contractual document is
contract. The rights and obligations of the parties to this contract shall be                  necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses,
representations, certif ications, and specif ications or incorporated by ref er-
ence in or attached to this contract.
                                                                                              31A. NAME OF CONTRACTING OFFICER                       (Type or print)
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED
TO SIGN (Type or print)

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

NSN 7540-01-155-3212                                                                                                         STANDARD FORM 1442 BACK                      (REV. 4-85)
                                                                                        W9128A-12-R-0010

                                                 SECTION 00010 

                                         SAMPLE PROJECT PRICE PROPOSAL 

                                                         

1.   Direct Cost                                                                             $ ___________   
  (Includes all labor, materials, equipment, subcontractors) 

2.  Field Office Overhead                            $ ____________ /workday 

        a. (Line 2 x 538 days)                                                                 $ ___________   

    Includes: 

        b. Project Engineer@                         $ ___________  /work day 

        c. Superintendent @                          $ ___________  /work day 

        d. Quality Control Representative @          $ ___________  /work day 

        e. Safety Representative @                   $ ___________  /work day 

3.  SUBTOTAL (Line 1 + Line 2a)                                                              $ ___________   

4.  Home Office Overhead                              ________ % 

        a. (Line 3 x Line 4)                                              $ ____________  

5.  SUBTOTAL (Line 3 + Line 4a)                                                              $ ___________   

6.  Performance and Payment Bond                      ________ % 

        a. (Line 5 x Line 6)                                              $ ____________  

7.  SUBTOTAL(Line 5 + Line 6a)                                                               $ ___________   

8.  Profit                                            ________ % 

        a. (Line 7 x Line 8)                                              $ ____________  

9.  SUBTOTAL(Line 7 + Line 8a)                                                               $ ___________   

10.  G.E. Tax                                         4.712  % 

        a. (Line 9 x Line 10)                                             $ ____________  

11.  TOTAL PRICE (Factor III) (Line 9 + Line 10a)                                            $ ___________   

                                      




                                           Section 00010, Attachment 1 
                                                                                           W9128A-12-R-0010

NOTES TO THE PROPOSAL SCHEDULE: 
 
      1. The Offeror agrees that the rates and costs provided on Lines 2, 2b, 2c, 2d and 4 for the SAMPLE 
PROJECT above shall be used in the pricing of all task orders and modifications issued for the life of the 
contract, subject to the following:  Documentation of current rates shall be submitted for rates subject 
to expiration dates.  Home office overhead shall be recomputed at the end of each fiscal accounting 
period. 
       
      2. Additional data required:  Offeror’s fiscal accounting period  __________________ 
       
      3. Line 1, Direct Cost.  Include all costs directly related to the work, including labor, materials, 
equipment and subcontractors. 
       
      4. Line 2, Field Office Overhead (FOOH).  Include all indirect field office costs related to the work, 
including field office management personnel, other office personnel, vehicles, field office costs such as 
office expendables and utilities, etc.  Provide a daily field office overhead rate as well as a daily rate for 
the individuals identified on the proposal form.  Note that these rates, if awarded a contract, shall be 
used in the preparation of all future task orders and modifications. 
       
      5. Line 4. Home Office Overhead (HOOH).  Enter the rate that if awarded a contract, will be applied 
to all future task orders and modifications. 
       
      6. Line 6. Performance and Payment Bond.  Submit a statement from your surety defining the 
bond rate(s) in effect at the time of this solicitation.  Successful Offerors will be required to maintain 
current bond rates on file with the Contracting Officer throughout the life of the contract.  Apply the 
rate commensurate with the price developed for the Sample Project. 
       
      7. Line 8. Profit.  Profit shall be calculated using the EFARS 15.9 "Alternate Structured Approach to 
Weighted Guidelines Method."  (Attachment 1 to this section).  This will be the required method for 
calculating profit on all task orders and modifications on this contract.  Apply the rate calculated for the 
Sample Project and include a copy of the completed worksheet with the proposal.  Only the form
provided as Attachment 1 will be accepted for this purpose. 
       




                                                   00010‐2 
                                                                              W9128A-12-R-0010

          EFARS 15.9 “Alternate Structured Approach to Weighted Guidelines Method” 
       PROJECT : Sample Project                           PROFIT FOR:
       CONTRACT: W9128A-12-R-0010                       ESTIMATED BY:
            FACTOR (a)            RATE (b)              WEIGHT (c)              VALUE(b x c)
1. Degree of Risk                    20
                 Very low                                  0.030
                 Mod low                                   0.050
                 Average                                   0.075
                 Mod high                                  0.110
                 High                                      0.120
2. Relative Difficulty of Work       15
                 Very simple                               0.030
                 Simple                                    0.040
                 Average                                   0.075
                 Complex                                   0.110
                 Very complex                              0.120
3. Size of Job                       15
                 < $100,000                                0.120
                 0.1 - 1.0                                 0.110
                 1.0 - 2.0                                 0.100
                 2.0 - 2.5                                 0.090
                 2.5 - 3.5                                 0.080
                 3.5 - 4.0                                 0.070
                 4.0 - 4.5                                 0.060
                 4.5 - 5.0                                 0.050
                 5.0 - 10.0                                0.040
                 > 10 million                              0.030
4. Periods of Performance            15
                 Short (< 30                               0.030
                 Mod short                                 0.050
                 Average                                   0.080
                 Mod long                                  0.100
                 Long (> 2 years)                          0.120
5. Contractor's Investment            5
                 None                                      0.030
                 Little                                    0.050
                 Average                                   0.070
                 Mod high                                  0.090
                 High                                      0.120
6. Assistance by Government           5
                 None                                      0.120
                 Small                                     0.090
                 Moderate                                  0.070
                 Mod large                                 0.050
                 Large                                     0.030
7. Subcontracting                    25
                 0%                                      0.120
                 0% - 20%                                0.100
                 20% - 40%                               0.080
                 40% - 60%                               0.050
                 60% - 80%                               0.030
                                                      TOTAL PROFIT
 
                                 Section 00010, Attachment 1 
Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE


52.215-1             Instructions to Offerors--Competitive Acquisition               JAN 2004
52.236-28            Preparation of Proposals--Construction                          OCT 1997
52.252-1             Solicitation Provisions Incorporated By Reference               FEB 1998
252.236-7008         Contract Prices-Bidding Schedules                               DEC 1991




CLAUSES INCORPORATED BY FULL TEXT


52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS,
AND ENERGY PROGRAM USE (APR 2008)

* As applicable in accordance with individual task orders

Any contract awarded as a result of this solicitation will be * DX rated order; * DO rated order certified for national
defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System
(DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.
[Contracting Officer check appropriate box.]

(End of provision)



CLAUSES INCORPORATED BY FULL TEXT


52.215-5     FACSIMILE PROPOSALS (OCT 1997)

(a) Definition. Facsimile proposal, as used in this provision, means a proposal, revision or modification of a
proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the
same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: 808-438-8570 (primary) 808-438-8588 (secondary)

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that
conformance to the essential requirements of the solicitation cannot be ascertained from the document--

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the
offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable
submission for the purpose of determining timeliness, provided the offeror complies with the time and format
requirements for resubmission prescribed by the Contracting Officer.

The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so

Section 00100-1
by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed
proposal.

(End of provision)



CLAUSES INCORPORATED BY FULL TEXT


52.216-1    TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price Multiple Award Task Order Contract (MATOC). The
Government intends to award two (2) separate Indefinite Delivery Indefinite Quantity (IDIQ) contracts as a result of
this solicitation.

(End of provision)



CLAUSES INCORPORATED BY FULL TEXT


52.216-27      SINGLE OR MULTIPLE AWARDS. (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple
delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources
under this solicitation.

(End of provision)



CLAUSES INCORPORATED BY FULL TEXT


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

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

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

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

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

(End of provision)




Section 00100-2
CLAUSES INCORPORATED BY FULL TEXT


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

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

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

                                                Goals for minority                 Goals for female
                                            participation for each trade      participation for each trade

                                                      69.1%                              6.9%


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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is the State of
Hawaii, specifically the island of Oahu.

(End of provision)




Section 00100-3
CLAUSES INCORPORATED BY FULL TEXT


52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION MATERIALS UNDER
TRADE AGREEMENTS (FEB 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country
construction material,” “domestic construction material,” and “foreign construction material,” as used in this
provision, are defined in the clause of this solicitation entitled “Buy American Act-- Construction Materials Under
Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability
of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination
before submission of offers. The offeror shall include the information and applicable supporting data required by
paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination
regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a
previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the
Buy American Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered
price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i)
of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material
based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to
the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country
construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause
52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country
construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer,
and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11
for the offer that is based on the use of any foreign construction material for which the Government has not yet
determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR
clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent
domestic or designated country construction material, and the offeror shall be required to furnish such domestic or
designated country construction material. An offer based on use of the foreign construction material for which an
exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)




CLAUSES INCORPORATED BY FULL TEXT


52.225-22 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS—BUY AMERICAN ACT—CONSTRUCTION MATERIALS (OCT 2010)


Section 00100-4
 (a) Definitions. “Construction material,” “domestic construction material,” “foreign construction material,”
“manufactured construction material,” “steel,” and “unmanufactured construction material,” as used in this
provision, are defined in the clause of this solicitation entitled “Required Use of Iron, Steel, and Manufactured
Goods—Buy American Act—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the
inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery
Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination
before submission of offers. The offeror shall include the information and applicable supporting data required by
paragraphs (c) and (d) of the clause at FAR 52.225-21 in the request. If an offeror has not requested a determination
regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act before submitting its offer, or
has not received a response to a previous request, the offeror shall include the information and supporting data in the
offer.

(c) Evaluation of offers. (1) If the Government determines that an exception based on unreasonable cost of
domestic construction material applies in accordance with FAR 25.604, the Government will evaluate an offer
requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to
the offered price of the contract—

(i) 25 percent of the offered price of the contract, if foreign manufactured construction material is incorporated in the
offer based on an exception for unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on an
exception for the unreasonable cost of comparable domestic unmanufactured construction material.

(2) If the solicitation specifies award on the basis of factors in addition to cost or price, the Contracting Officer will
apply the evaluation factors as specified in paragraph (c)(1) of this provision and use the evaluated price in
determining the offer that represents the best value to the Government.

 (3) Unless paragraph (c)(2) of this provision applies, if two or more offers are equal in price, the Contracting
Officer will give preference to an offer that does not include foreign construction material excepted at the request of
the offeror on the basis of unreasonable cost of comparable domestic construction material.

(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this
solicitation in paragraph (b)(3) of the clause at FAR 52.225-21, the offeror also may submit an alternate offer based
on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer
and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR
52.225-21 for the offer that is based on the use of any foreign construction material for which the Government has
not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the
clause at FAR 52.225-21 does not apply, the Government will evaluate only those offers based on use of the
equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction
material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)



CLAUSES INCORPORATED BY FULL TEXT

Section 00100-5
52.233-2     SERVICE OF PROTEST (SEP 2006)

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

U.S. Army Corps of Engineers
Honolulu District
ATTN: Maria R. Buckner, Contracting Officer CEPOH-CT
Fort Shafter, Hawaii 96858-5440

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

(End of provision)



CLAUSES INCORPORATED BY FULL TEXT


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

* As applicable in accordance with individual task orders

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

(b) An organized site visit has been scheduled for -------- * [Insert date and time]

(c) Participants will meet at ---------- * [Insert Location]

(End of provision)



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S-1        POTENTIAL FOR ASBESTOS ABATEMENT (NOV 1998)


The Government is uncertain as to the presence of asbestos in the building(s) or structure(s) to be worked on by the
Contractor. If asbestos is discovered during the work, it will be handled in accordance with statement entitled,
“PRICE ADJUSTMENT FOR CONTINGENT SCOPE OF WORK", found in Section 00800 of this solicitation.

                                                [End of Statement]




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Section 00100-6
S-19.2 PERFORMANCE OF WORK BY THE CONTRACTOR - ITEMIZATION


In connection with the Contract Clause in Section 00700, entitled, "LIMITATIONS ON SUBCONTRACTING," the
successful bidder must furnish the Contracting Officer within 30 calendar days after award the items of work which
it will perform with its own forces and the estimated cost of those
items. [FAR 36.501 and FAR 19.508(e)]

                                               [End of Statement]




CLAUSES INCORPORATED BY FULL TEXT


S-3      PRE-AWARD INFORMATION


Each bidder or offeror shall, upon request of the contracting officer, furnish information on whether he is now or
ever has been engaged in any work similar to that covered by the specifications herein, the dollar value thereof, the
year in which such work was performed, and the manner of its execution, and giving such other information as will
tend to show the bidder's or offeror's ability to prosecute the required work. The 'such other information' referred to
above shall include but is not limited to the following:

a. The name and address of the office or firm under which such similar work was performed.

b. A list of key personnel available for the instant project and their qualifications.

c. A copy of bidder's or offeror's last three (3) financial statements, including the names of banks or other financial
institutions with which the bidder or offeror conducts business. If the latest financial statement is more than 60 days
old, a certificate should be attached stating that the financial condition is substantially the same, or if not the same,
the changes that have taken place. Such statement will be treated as confidential.

d. A list of present commitments, including the dollar value thereof, and name of office under which the work is
being performed.


                                               [End of Statement]




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S-36.2 MAGNITUDE OF THE PROPOSED PROJECT [FAR 36.204]

(a) Physical Characteristics:

The purpose of this Indefinite Delivery Indefinte Quantity (IDIQ) contract will be to provide construction services,
primarily in a highly secured Sensitive Compartment Information Facility (SCIF) in Kunia, Oahu, and other various
facilities on the island of Oahu.

   (b) Estimated Price Range: The estimated price range of this work is:

Section 00100-7
The maximum dollar value that the Government will award through this Multiple Award Task Order Contract
(MATOC) is $49,000,000.00. Task Orders issued under this MATOC will range from $100K to $6.5M. There is
no maximum obligation amount per base or option period. The guarantee minimum quantity the Government
intends to obligate to each awarded contract is $3,000 per year during the term of the contract.

                                              [End of Statement]




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S-36.4 PRE-PROPOSAL CONFERENCE (JUL 1995)

* As applicable in accordance with individual task orders

a. A pre-proposal conference will be conducted by the Government on Insert date starting at Insert time
in Insert room & location. All planholders (prime contractors, subcontractors, and suppliers) are urged to attend this
conference. Planholders who plan to attend should notify the Government of the number of attendees before the
date of the conference. Notification can be made as
follows:

(1) Telephone: Insert phone no.
    Point of Contact: Insert POC

(2) Facsimile: Insert FAX

(3) Mail: U.S. Army Engineer District, Honolulu
          Corps of Engineers, Bldg 230
          ATTN: Insert Office Symbol & POC
          Fort Shafter, Hawaii 96858-5440

b. Any questions planholders may have concerning the project, plans, or specifications should be submitted in
writing, on letterhead stationery, sufficiently in advance of the conference, to permit preparation of answers, which
will be provided at the conference. The questions should be faxed as soon as possible, and followed by an original
through mail. Use the facsimile number and address shown in paragraph a. above. During the conference, written,
signed questions will be accepted, and will be answered during the conference if time permits.

c. A complete record of the conference, including questions raised by planholders and answers provided by the
Government, will be made and a copy furnished to all planholders. However, any answer, clarification, or
explanation given at the conference will not qualify or change the terms of the request for proposal (including the
plans and specifications). Unless the request for proposal is amended in writing, it will remain unchanged. If an
amendment to the request for proposal is issued as a result of the conference, normal procedures relating to issuance
and acknowledgement of receipt will apply.

d. All costs incurred to attend and participate in the pre-proposal conference and any site visits (see paragraph e.
below) will be at the expense of the planholder. This includes, but is not limited to, the cost of transportation, per
diem, and hotel accommodations.

e. Refer to provision entitled SITE VISIT (CONSTRUCTION) in Section 00100 for information on the pre-
proposal site visit.

                                              [End of Statement]


Section 00100-8
CLAUSES INCORPORATED BY FULL TEXT


S-4.1     JOINT VENTURE OFFERORS (JUN 2003)

All Offerors in a Joint Venture shall submit their executed joint venture agreement. In addition, Joint Venture firms
must obtain/submit their tax identification number (TIN), Data Universal Numbering System (DUNS) No., Section
00600, Representations and Certifications and register in Central Contractor Registration (CCR) as a joint venture.




Section 00100-9
Section 00100-10
                                                                                                 W9128A-12-R-0010


SECTION 00120

PROPOSAL SUBMISSION REQUIREMENTS AND EVALUATION FACTORS

1.0     GENERAL

To assure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein.
Offerors are required to meet all solicitation requirements, including terms and conditions, representations and
certifications, and technical requirements, in addition to those identified as evaluation factors. The Offeror shall
submit in the proposal all requested information specified in this section of the Request for Proposal (RFP)
solicitation at or before the exact time specified. There will be no public opening of the proposals received as a
result of this RFP. Failure to meet a requirement may result in an offer being ineligible for award. Copies of the
RFP are available by INTERNET ACCESS ONLY. All RFP documents will be posted to the Army Single Face
to Industry (ASFI) website (https://acquisition.army.mil) and made available for viewing in Federal Business
Opportunities (http://www.fbo.gov). All amendments will be posted to ASFI and made available for viewing in
FedBizOpps. It shall be the Offeror’s responsibility to check the website for any amendments.

1.1.    Cost of Preparing Proposals

This Request for Proposal (RFP) does not commit the Government to reimburse any costs incurred in the
preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in
response to this solicitation. Note specifically that the Offeror will not be participating in a sealed bid
procurement process under this acquisition method. Issuance of this Request for Proposal does not constitute
an award commitment on the part of the Government.

1.2.    Inquiries

The Contracting Division is the sole point of contact for this acquisition. Address any questions (including
technical questions) or concerns you may have to the Contracting Division POC listed below. This may be done
via e-mail or in writing. Email inquiries are encouraged. Requests for information may be sent to the
Contracting Division POC at the following address:

                Contracting Division (CECT-POH-S, Ted Turney)
                U.S. Army Corps of Engineers, Honolulu District
                Building 230, Room 103
                Fort Shafter, HI 96858-5440
                Telephone No. (808) 438-8591
                Facsimile No. (808) 438-8570
                E-Mail: W9128A-12-R-0010@usace.army.mil

All questions and/or comments should reach the above-referenced Contracting Division POC no later than ten
(10) working days prior to the date set for receiving proposals so that they may be given consideration or actions
taken prior to receipt of offers. Questions and answers will be posted on ASFI and be made available for
viewing through FedBizOpps via an official amendment to the RFP.

If an Offeror believes that the requirements in these instructions contain an error, omission, or are otherwise
unsound, the Offeror shall immediately notify the Contracting Division in writing (email is the preferred method)
with supporting rationale.

1.3     Submittal of Proposals

Submit proposal packages to the US Army Corps of Engineers (“the Government”) as shown in Block 8 of
Standard Form 1442. The Offeror’s proposal shall be submitted in hard copy, with accompanying digital copies,
as set forth within this section.




Section 00120-1
                                                                                               W9128A-12-R-0010


The Government reserves the right to discuss aspects of proposals with Offerors in the competitive range, if one
is determined to be necessary, upon completion of the evaluation, and to award a contract to other than the
Offeror submitting the lowest priced offer. Offerors are advised that the Government may make award without
discussions, clarifications, or any contact concerning the proposals received. Therefore, proposals should be
submitted initially on the most favorable terms from a price and technical standpoint. Offerors shall not assume
that they will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

Proposals received by the Government after the date and time set for receipt of proposals will be handled in
accordance with the requirements of Provision “52.215-1, Instructions to OfferorsCompetitive Acquisition (Jan
2004),” subparagraph (c), found in Section 00100.

1.4     Proposal Evaluation

Numerical scores and other point-scoring techniques will not be used in the evaluation process. Each factor will
be rated on an adjectival rating system. The Government will evaluate offers in accordance with the NON-
PRICE FACTORS and PRICE FACTORS described in paragraphs 2.5 and 2.6 of this section.

1.5     Contract Award

The Government will utilize the Tradeoff Process for Source Selection in accordance with FAR 15.101-1 to
determine best value. This process permits tradeoffs among cost or price and non-cost factors. Award will be
made to no more than two (2) Offerors whose offers, when considered as a whole are most advantageous to the
Government based upon an integrated assessment of the proposals received, with appropriate consideration
given to the evaluation factors described in paragraph 2.4 of this section. To receive consideration for award, a
rating of no less than “Acceptable” must be achieved for the Technical Factor. The government considers it to
be in its best interest to allow consideration of award to other than the lowest priced Offeror or other than the
highest technically rated Offeror. The perceived benefits of the higher priced proposal shall merit the additional
cost, and the rationale for tradeoffs must be documented in the file in accordance with FAR 15.406.. NOTE:
NON-PRICED FACTORS, WHEN COMBINED, ARE SIGNIFICANTLY MORE IMPORTANT THAN PRICE.

The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to
award of the contract; to negotiate with Offerors in the competitive range; and to award the contract to the
Offeror submitting the proposal determined to represent the best value—the proposal most advantageous to the
Government, price and other factors considered.

The Government intends to evaluate proposals and award the contract without discussions with Offerors.
However, the Government reserves the right to conduct discussions upon the determination and
recommendation of the Source Selection Authority (SSA). Therefore, each initial offer should contain the
Offeror’s best terms from a technical and price standpoint.

2.0     PROPOSAL FORMAT

2.1     General

Offerors shall submit proposals in two (2) separate envelopes. All proposal revisions shall be submitted as page
replacements with revised text readily identifiable, e.g. bold face print or underlining. Proposal replacement
pages shall be clearly marked “REVISED,” shall show the date of revision, and shall be submitted in the
appropriate number of copies (e.g., if four copies of the original page were required, then four copies of the
revised page will also be required).

An electronic copy of each volume of the proposal shall be submitted on CDs or DVDs, and shall accompany
the hard copy submittals. Each disc shall be externally labeled with the solicitation number, volume number,
date, and the Offeror’s name. If the hard-copy proposal differs from the electronic version, the hard copy will
govern. If the electronic files are of a size at which they must be compressed (zipped), they shall be
compressed into one file using WinZip version 6.2 or later. Self extracting exe files will not be accepted.


Section 00120-2
                                                                                                       W9128A-12-R-0010


Electronic files shall be in their native format (i.e. doc, xls, ppt, etc.), or if in pdf format, shall be in searchable
text.

2.1.1    Volume I, Non-Price Proposal:

One envelope shall be clearly marked, “VOLUME I, NON-PRICE PROPOSAL, RFP NO. W9128A-12-R-0010
MATOC for DBB and DB Construction Services for the DoD on Oahu, Hawaii” Volume I shall include the
following:

        • Original and four (4) copies of the Non-Price Proposal described in paragraph 2.5.

2.1.2 Volume II, Price Proposal: The second envelope shall be clearly marked, “VOLUME II, PRICE
PROPOSAL, RFP NO. W9128A-12-R-0010 MATOC for DBB and DB Construction Services for the DoD on
Oahu, Hawaii”

        • Original and one (1) copy of completed Standard Form (SF) 1442, using a printed copy of the SF
          1442 included in this solicitation for the contract (NOT including the Proposal Schedule).

        • One (1) copy (certified as a true copy) of the Offeror’s executed joint venture agreement (if the Offeror
          is a joint venture).

        • Original and one (1) copy of completed Section 00600, Representations and Certifications, using a
          printed copy of Section 00600 included in this solicitation. Please note that the representations and
          certifications must also be completed electronically via the Online Representations and Certifications
          Application (ORCA) website at http://orca.bpn.gov.

        • Original of completed, if applicable, SF LLL, Disclosure of Lobbying Activities, using a printed copy of
          the SF LLL included as Appendix A in Section 00600.

        • Original and two (2) copies of Section 00010, Price Proposal Schedule.

        • Original letter from the Offeror’s surety shall be provided to indicate Offeror has bonding capacity
          equal to or greater than the following: $6,500,000 individual / $45,000,000 aggregate.

2.1.4    Table of Contents

Hard copies of proposal volumes shall be tabbed. Each of the proposal volumes shall include a Table of
Contents that includes the title of the subject matter discussed therein and the page number where the
information can be found. The volumes shall be organized in the same order listed in paragraph 2.4 of this
Section. Each evaluation factor shall be separately tabbed. Proposals that are not correctly tabbed may be
considered unacceptable.

2.2.     Proposal Presentation

Proposals shall completely address the requirements of the RFP. Prepare proposals in the English language.
The proposal shall be neatly organized and bound. All pages, except divider tabs, shall be numbered. Pages
shall be double-sided, numbered, and shall be typed. Type pitch shall be 10 pitch or larger. Information
presented should be organized so as to pertain to only the evaluation factor in the section that the information is
presented. Information pertaining to more than one evaluation factor should be repeated in the tab for each
factor.

2.3      Proposal Content

Proposals shall be in a narrative format, organized and titled so that each section of the proposal follows the
order and format of the factors set forth below in paragraph 2.5, “VOLUME I, NON-PRICE PROPOSAL.”


Section 00120-3
                                                                                               W9128A-12-R-0010



Any information, presented in a proposal that the Offeror wants safeguarded from disclosure to other parties
must be identified and labeled in accordance with the requirements of Provision “52.215-1, Instructions to
OfferorsCompetitive Acquisition (Jan 2004),” subparagraph (e), which is found in Section 00100 of this
solicitation. The Government will endeavor to honor the restrictions against release requested by Offerors, to
the extent permitted under United States law and regulations.

The proposal must set forth full, accurate, and complete information as required by this RFP (including
attachments). The Government will rely on such information in the award of a contract. The penalty for making
false statements is prescribed in 18 U.S.C. 1001.

Offerors are cautioned that “parroting” of the Technical requirements or the SOW with a statement of intent to
perform does not reflect an understanding of the requirement or capability to perform. Offerors are responsible
for including sufficient details to permit a complete and accurate evaluation of each proposal.

2.4       Evaluation Factors

All proposals will be evaluated on the factors listed below. Offerors are required to provide data addressing all
stated factors in a clear and understandable format. If an Offeror does not have data relating to a specific
factor, it shall be clearly stated in the proposal. Proposals that do not clearly address all factors may be
considered unacceptable and may not receive further consideration. All proposals will be evaluated on non-
price and price factors, as follows:

       NON-PRICE FACTORS (Proposal Volume I)

              Factor 1: Technical Approach – Sample Project
              Factor 2: Past Performance

       PRICE FACTOR (Proposal Volume II)

              Factor 3: Price – Sample Project

Relative Importance of Evaluation Factors. In accordance with FAR 15.304(e), for this contract action, the non-
price factors, when combined, are significantly more important than price. In addition, the relative
importance of the evaluation factors is further defined as follows:

      a. Factor 1 is more important than Factor 2.
      b. Non-price factors (Factors 1 - 2), when combined, are significantly more important than price (Factor 3)

2.4.2 Definitions

The following definitions are provided to assist evaluators in the evaluation process.

Deficiency. A material failure of a proposal to meet a Government requirement or a combination of significant
weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable
level. See FAR 15.001.

Strength. An aspect of an Offerors’ proposal that has merit or exceeds specified performance or capability
requirements in a way that will be advantageous to the Government during contract performance.

Significant Strength. An aspect of an Offerors’ proposal that has appreciable merit or appreciably exceeds
specified performance or capability requirements in a way that will be appreciably advantageous to the
Government during contract performance.

Weakness. A flaw in the proposal that increases the risk of unsuccessful contract performance. See FAR
15.001.

Section 00120-4
                                                                                                        W9128A-12-R-0010



Significant Weakness. A flaw in the proposal that appreciably increases the risk of unsuccessful contract
performance. See FAR 15.001.

Uncertainty. Any aspect of a non-cost/price factor proposal for which the intent of the Offeror is unclear (e.g.,
more than one way to interpret the offer or inconsistencies in the proposal indicating that there may have been
an error, omission or mistake).

Clarification. Limited exchanges between the Government and Offerors that may occur when award without
discussions is contemplated.

Adverse Past Performance. Past performance information that supports a less than satisfactory rating from
sources where the information is from other than formal rating systems such as “PPIRS” or “FAPPIS.”

2.5     Volume I, Non-Price Proposal

Data provided in response to the non-price factors described below shall be included in Volume I, “Non-Price
Proposal”. Only data from the Offeror will be evaluated . If the Offeror is a joint venture (JV), the Offeror must
provide evidence of a binding teaming agreement or other contractual agreement, which creates legal
responsibility on the part of all contractors in the joint venture. Also, evidence must be provided that confirms
that the JV has submitted its paperwork to its local Small Business Administration (SBA) Office for this specific
requirement.

2.5.1   Relevant Contracts

The definition of a relevant contract is as follows : A contract awarded to the Offeror (or in the case of an Offeror
which is a JV, a contract awarded to either member of the JV) as the prime contractor; and declared
substantially complete between 01 May 2007 and the closing date of this RFP and must have involved at least
two (2) of the following characteristics:

             Characteristic

                   1          Renovation of an existing building, including, but not limited to: architectural
                              finishes, structural, mechanical (plumbing, HVAC), electrical, communication,
                              fire alarm/sprinklers, security systems, asbestos and lead abatement, etc.

                   2          Construction within a continuously occupied facility

                   3           Design-build (DB) type Construction Services (e.g. the design and construction
                              elements are contracted through the Offeror)


Substantial completion occurs when the contract administrator or equivalent determines that the terms of the
contract have been fulfilled to the extent that the constructed product can be occupied or used for its intended
purpose. Evidence of substantial completion from the contracting agency must be included in the proposal in
order for a contract to be considered relevant. A Single Award Task Order Contract (SATOC) or Multiple Award
Task Order Contract (MATOC) alone is not considered a relevant contract, but an individual task order against
its SATOC or MATOC may be submitted if it meets the requirements for a relevant contract.

2.5.2   Factor 1, Technical Approach – Sample Project

Drawings and specifications are provided describing an actual, but completed, scope of work inside the Kunia
Tunnel. Offeror shall base its proposal on the information provided on the drawings and specifications for the
work and the administrative requirements described in Division 1 of the MATOC specifications. No additional
information or interpretations will be provided. Identify all assumptions that are made in the proposal.

2.5.2.1 Proposal Submission

Section 00120-5
                                                                                                          W9128A-12-R-0010



      Submit a narrative that describes the Offeror’s overall approach to the work. The narrative shall be no more
      than five (5) pages in length, and shall identify restrictions, constraints, and/or any other factors that could affect
      timely progress of the work, and the manner in which these will be addressed and mitigated during construction.
      The purpose of this narrative is not to establish the Offeror’s ability to perform the construction, but to ascertain
      the Offeror’s understanding of the conditions of the worksite and the terms under which contractors will have to
      operate. Be specific as possible.

      2.5.2.2 Basis of Evaluation

      Data provided in support of this factor shall clearly demonstrate the Offeror’s understanding of the conditions of
      the worksite and its ability to execute the work despite and/or in spite of the many restrictions associated with
      working in such a facility. Offerors providing the following items in their proposal may be rated more favorably
      for this factor:

          a. A sound approach that demonstrates a level of effort commensurate with the provided sample scope of
             work and that utilizes an appropriate and effective mix of labor disciplines..
          b. The use of thorough planning, and reliable/proven methods and equipment.
          c. Anticipation of, and accommodation to the challenges and uncertainties of the worksite (as described in
             the provided scope of work)
          d. Schedule management that ensures completion within the specified period of performance.

      The evaluation for Factor 1 will be in accordance with the combined technical/risk table provided below, and will
      focus on the strengths, deficiencies, weaknesses and uncertainties of the Offeror’s proposal. The color rating
      depicts how well the Offeror’s proposal meets the requirements for this factor:

                                  FACTOR 1 – COMBINED TECHNICAL/RISK RATINGS

 Color           Rating                                               Description

Blue          Outstanding     Proposal meets requirements and indicates an exceptional approach and understanding of the
                              requirements. Strengths far outweigh any weakness. Risk of unsuccessful performance is very
                              low.

Purple           Good         Proposal meets requirements and indicates a thorough approach and understanding of the
                              requirements. Proposal contains strengths which outweigh any weakness. Risk of unsuccessful
                              performance is low.

Green          Acceptable     Proposal meets requirements and indicates an adequate approach and understanding of the
                              requirements. Strengths and weaknesses are offsetting or will have little or no impact on
                              contract performance. Risk of unsuccessful performance is no worse than moderate.

Yellow          Marginal      Proposal does not clearly meet requirements and has not demonstrated an adequate approach
                              and understanding of the requirements. The proposal has one or more weaknesses which are
                              not offset by strengths. Risk of unsuccessful performance is high.

Red           Unacceptable    Proposal does not meet requirements and contains one or more deficiencies. Proposal is
                              unawardable.



      2.5.3   Factor 2, Past Performance.

      2.5.3.1 Proposal Submission

      Data provided in support of this factor shall clearly demonstrate the Offeror’s ability to meet the requirements of
      the contract based on documented past performance history on submitted relevant contracts as defined above


      Section 00120-6
                                                                                                W9128A-12-R-0010


in paragraph 2.5.1. Offerors shall indentify no less than three (3) and no more than five (5) relevant contracts
against which the Government will evaluate past performance. Failure to provide at least three (3) relevant
contracts may be cause to eliminate an Offeror from consideration. If more than five (5) contracts are
submitted, only the first five (5) contracts identified in the proposal will be evaluated.

The Offeror shall provide a narrative description in the Contract Data Sheet (Attachment 1 to this section) for
each of the contracts identified. No more than five (5) pages shall be submitted for each contract, including the
Contract Data Sheet and any continuation pages. Pages exceeding this 5-page limit will not be considered. All
requested information shall be provided. Failure to provide any of the requested information may be cause to
eliminate a contract from consideration in the evaluation. Only the form provided as Attachment 1 will be
accepted for this purpose. Data submitted in any other format will not be accepted. The narratives shall contain
a clear explanation of how the contract is relevant, that includes a breakdown and discussion of various contract
elements, such as, but not limited to:

    a. Description of facility and its function: i.e. office building, barracks, warehouses, housing, hangars, etc.
    b. Description of work items for the category of works within the project systems: i.e. architectural
       (alteration or replace finishes), structural, mechanical (type of air conditioning system, ventilation
       system, etc), plumbing, electrical (normal power, emergency power, UPS, etc), security (type of systems
       ie camera, motion detectors, etc), communications (telephone, public address, etc.) asbestos removal,
       and or lead abatement
    c. Description of special circumstances that added a level of complexity to the project that would be similar
       to working in a occupied and fully operational building.

Additionally, for each Contract Data Sheet submitted, Offeror shall provide a completed Past Performance
Questionnaire (Attachment 2 to this section). All information requested in the Questionnaire shall be provided.
Failure to provide any of the requested information may be cause to eliminate a contract from consideration in
the evaluation. Only the form provided as Attachment 2 will be accepted. Data submitted in any other format
will not be evaluated. The Offeror shall complete Parts 1-4 of the Past Performance Questionnaire. The Offeror
shall then send the partially completed form with the ratings sheet to the Client (Administrative Contracting
Officer or equivalent point of contact) for the identified contract, for completion of Parts 5-8 and the ratings
sheet. Instruct the Client for the identified contract to complete the remainder of the questionnaire and submit
the questionnaire with the ratings sheet back to the Offeror or directly to the Contract Specialist listed in
paragraph 1.2 above.

The Government may contact and interview the points of contact, and reserves the right to interview other
individuals acting for the listed Client reference, if the listed reference is not available. The Government may use
personal knowledge or information from other sources in its evaluation of an Offeror’s past performance. Other
sources may include, but are not limited to, past performance information retrieved through the Past
Performance Information Retrieval System (PPIRS), including Construction Contractor Appraisal Support
System (CCASS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming
arrangement, or parent company/subsidiary/affiliate) identified in the Offeror’s proposal, inquiries to owner
representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic
Subcontract Reporting System (eSRS), and any other known sources, event though not provided by the Offeror.
In rating past performance, the Government may consider available past performance information on
predecessor companies.

Offerors are reminded that while the Government may elect to consider data from other sources, the burden of
providing detailed, current, accurate and complete past performance information rests with the Offeror.

2.5.3.2         Basis of Evaluation

The Government’s past performance evaluation will be a subjective assessment, based on consideration of all
relevant facts and circumstances, including any trends in past performance. Evaluators will review each
submitted contract to determine if it is relevant as defined in paragraph 2.5.1 above. Evaluators will assign a
relevancy rating and a confidence assessment as detailed in paragraphs 2.5.3.2.1 and 2.5.3.2.2 below.


Section 00120-7
                                                                                                        W9128A-12-R-0010


The Government intends to assess the relative risks associated with the Offeror’s performance based on the
past performance information provided in the proposal. The Government will focus its inquiries on the Offeror’s
record of performance as it relates to all solicitation requirements, including cost, schedule, performance, and
management of subcontractors. A significant achievement, problem, or lack of relevant data in any element of
work can become an important consideration in the evaluation process. Therefore, it is incumbent upon the
Offeror to include all relevant information, including demonstrated corrective actions, in its proposal.

Offerors providing relevant contracts more closely matching the working conditions of the Kunia Tunnel worksite
may be rated more favorably. Work within an occupied space and/or work within a SCIF may be rated more
favorably for this factor. Work involving Design Build construction services may be rated more favorably for this
factor.

The Government will evaluate the relevancy of the information, the source of the information, and general trends
in performance, along with any other information, which may help the Government assess performance risk.
Information on significant problems encountered, customer dissatisfaction, and corrective actions taken should
be provided. Data used in conducting performance risk assessments will not extend past five years prior to the
closing date of this RFP, but may include performance data generated during the past five years without regard
to the contract completion date.

Absent any recent and relevant past performance history, the Offeror will be assigned an “unknown confidence
rating” and its proposal will not be evaluated either favorably or unfavorably on past performance. If any
adverse information is obtained in Past Performance Questionnaires, supplemental inquiries by the Government
regarding past performance, or from any other source, the Government will deliver an Evaluation Notice (EN) to
the Offeror(s) so that they may have a chance to respond and individually address and/or mitigate that adverse
information, if applicable.

2.5.3.2.1   Past Performance Relevancy.

Past performance will be evaluated on relevancy of offeror’s past performance as it relates to the effort identified
in this solicitation. Relevancy is not separately rated, however, the following criteria will be used to establish
what is relevant which will include similarity of construction type, complexity, dollar value, contract type, and
special conditions

Past Performance Relevancy Ratings:

Rating            Definition

Very Relevant     Present/past performance effort involved essentially the same scope and magnitude of effort and
                  complexities this solicitation requires.

Relevant          Present/past performance effort involved similar scope and magnitude of effort and complexities this
                  solicitation requires.

Somewhat          Present/past performance effort involved some of the scope and magnitude of effort and complexities
Relevant          this solicitation requires.

Not Relevant      Present/past performance effort involved little or none of the scope and magnitude of effort and
                  complexities this solicitation requires.


2.5.3.2.2   Past Performance Confidence Assessment.

The second aspect of the past performance evaluation is to determine how well the contractor performed on the
contracts. The past performance evaluation gathers information from customers on how well the Offeror



Section 00120-8
                                                                                                        W9128A-12-R-0010


performed those past contracts. In conducting the performance confidence assessment, each Offeror shall be
assigned one of the ratings identified below:

Performance Confidence Assessments:

Rating            Definition

Substantial       Based on the Offeror’s recent/relevant performance record, the Government has a high expectation
Confidence        that the Offeror will successfully perform the required effort.

Satisfactory      Based on the Offeror’s recent/relevant performance record, the Government has a reasonable
Confidence        expectation that the Offeror will successfully perform the required effort.

Limited           Based on the Offeror’s recent/relevant performance record, the Government has a low expectation
Confidence        that the Offeror will successfully perform the required effort.

No Confidence     Based on the Offeror’s recent/relevant performance record, the Government has no expectation that
                  the Offeror will successfully perform the required effort.

Unknown           No recent/relevant performance record is available or the Offeror’s performance record is available or
Confidence        the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can
(Neutral)         be reasonably assigned.


Offerors (a) for whom compliance with FAR 52.219-8 has been established; and/or (b) for whom no negative
information has been reported; or (c) certifying no past performance history of contract containing FAR 52.219-8
will be rated as “complying with FAR 52.219-8.” Such a rating shall have neither positive nor negative impact on
the Offeror’s overall Past Performance evaluation. Offerors for whom negative information has been reported
will have such negative information, along with any explanations for comments responding to such negative
information supplied by the Offeror, evaluated in accordance with the evaluation criteria for Past Performance.
Such evaluation will be substantiated and factored into the Offeror’s overall Past Performance evaluation.

2.6      Volume II, Price Proposal

The Contracting Officer has determined there is a high probability of adequate price competition in this
acquisition. Upon examination of the initial offers, the Contracting Officer will review this determination and if, in
the Contracting Officer's opinion, adequate price competition exists, no additional cost information will be
requested and certification under FAR 15.406-2 will not be required. However, if at any time during this
competition, the Contracting Officer determines that adequate price competition no longer exists; Offerors may
be required to submit information to the extent necessary for the Contracting Officer to determine the
reasonableness and affordability of the price.

2.6.1    Factor 3, Price – Sample Project

2.6.1.1 Proposal Submission

Using the drawings and specifications provided as a SAMPLE PROJECT (see Factor 1), complete the Sample
Project Price Proposal form in Section 00010. Instructions are provided in the notes to the proposal schedule.
The rates provide on Lines 2, 2b, 2c, 2d, and 4 will be used for the life of the contract, subject to review and
resubmittal at the discretion of the Contracting Officer. Also provide the start date of your fiscal accounting
period in Note 2. All cost data will be reviewed at least annually, generally coinciding with this accounting
period. Annual adjustments to the cost data, based on current documentation, may be considered subject to
approval of the Contracting Officer.

2.6.1.2 Basis for Evaluation



Section 00120-9
                                                                                               W9128A-12-R-0010


The Government’s price evaluation will be an integrated price analysis, as further detailed below, which will
require complete information as described above in paragraph 2.6.1.1. Failure to provide all information
requested may be cause to eliminate an Offeror from consideration in the evaluation.

The information provided on the Sample Project Price Proposal will be used in the tradeoff analysis. For
purposes of award, a determination will be made on the reasonableness of the proposed total price for the
sample project and the proposed rates on lines 2, 2b, 2c, 2d, and 4.

The RFP requires firm-fixed prices contract line items. A price reasonableness approach will be utilized by the
Government to determine that the proposed prices offered are fair and reasonable. Offers found to be
unreasonably high, or unbalanced, may be considered unacceptable and may be rejected on that basis.

Labor rates, materials, other direct costs, labor overhead, general and administrative, overhead and any other
costs that may be associated with the sample project may be subject to Proposal Analysis techniques in
accordance with FAR 15.404 to assess the potential risk factor to the Government and to determine fairness
and reasonableness of prices contained in the proposals. This includes the comparison of price information from
other proposals, information relative to market research, historical procurement data, and/or the Independent
Government Estimate and, if necessary, further evaluation.




Section 00120-10
                                                                                                        W9128A-12-R-0010

                                                Attachment 1
                                            CONTRACT DATA SHEET
RFP No. W9128A-12-R-0010

The data provided on this sheet will provide supporting information for the Offeror’s Factor II, Past Performance.
Use this form to document relevant contracts that were substantially completed between 01 May 2007 and the
closing date of this RFP. Properly referenced continuation sheets may be used if needed. Submit no more than
5 pages per contract -- data sheet plus continuation sheets. Only information contained in the first five (5) pages
per contract will be evaluated.
Offeror’s Name:                                               Phone Number:

                                                              Fax Number:
Point of Contact:
                                                              E-Mail Address:

Contract No:        ___________________________________________________________________________

Contract Title:     ___________________________________________________________________________

Location:           ___________________________________________________________________________

Type of Contract (i.e. firm-fixed, price, cost reimbursable, IDIQ, etc.): __________________________________

Identify applicable characteristics (Paragraph 2.5.1- Relevant Contracts); Both characteristics must be identified
for each contract: (Explain how each characteristic is met on continuation sheets)

       Characteristic                                                                      Met      Not Met
            1            Renovation of an existing building, including, but not limited
                         to: architectural finishes, structural, mechanical (plumbing,
                         HVAC), electrical, communication, fire alarm/sprinklers,
                         security systems, asbestos and lead abatement, etc.
               2         Construction within a continuously occupied facility
               3         Construction within a controlled space, i.e. Secure
                         Compartmentalized Information Facility (SCIF).

Contract Description::




                                                  Section 00120, Attachment 1 
                                                                 
                                                                                                W9128A-12-R-0010

Attachment 1 (continuation)

Award Date:                   ______________________

Original Completion Date:     ____________      Actual Completion/Substantial Completion Date: _____________

Award Amount:                 ______________________        Final Contract Price:      ____________________

Was Offeror the PRIME?

Percentage of Contract Performed by Offeror:     ______

Type/scope of work performed by the Offeror:




Quality Awards, Letters of Appreciation/Commendation, Written Overall Performance Evaluations Received. List
documents here, include document(s) in this tab.




Describe any other factors relevant to experience or past performance that demonstrate the Offeror’s capabilities
and qualifications in relation to the proposed contract.




 
End user (i.e. DPW, BCE, etc.)   _________________________________________________________________  
 
Point of Contact (Name & Title):  _________________________________________________________________  
 
Phone Number:    ____________________________    Fax Number   ___________________________________  
 
E‐mail Address:     _____________________________________________________________________________  


                                          Section 00120, Attachment 1 
                                                         
                                                                                                        W9128A-12-R-0010

                                   Attachment 2
            NAVFAC/USACE PAST PERFORMANCE QUESTIONNAIRE (Form PPQ-0)
CONTRACT INFORMATION (Contractor to complete Blocks 1-4)
1. Contractor Information
Firm Name:                                                                              CAGE Code:
Address:                                                                                DUNs Number:
Phone Number:
Email Address:
Point of Contact:                                      Contact Phone Number:
2. Work Performed as:                 Prime Contractor        Sub Contractor       Joint Venture   Other (Explain)
Percent of project work performed:
If subcontractor, who was the prime (Name/Phone #):
3. Contract Information
Contract Number:
Delivery/Task Order Number (if applicable):
Contract Type:         Firm Fixed Price     Cost Reimbursement        Other (Please specify):
Contract Title:
Contract Location:

Award Date (mm/dd/yy):
Contract Completion Date (mm/dd/yy):
Actual Completion Date (mm/dd/yy):
Explain Differences:


Original Contract Price (Award Amount):
Final Contract Price (to include all modifications, if applicable):
Explain Differences:


4. Project Description:
Complexity of Work        High          Med        Routine
How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements,
conditions, etc.)




CLIENT INFORMATION (Client to complete Blocks 5-8)
5. Client Information
Name:
Title:
Phone Number:
Email Address:
6. Describe the client’s role in the project:


7. Date Questionnaire was completed (mm/dd/yy):
8. Client’s Signature:

NOTE: NAVFAC/USACE REQUESTS THAT THE CLIENT COMPLETES THIS QUESTIONNAIRE AND SUBMITS DIRECTLY BACK
TO THE OFFEROR. THE OFFEROR WILL SUBMIT THE COMPLETED QUESTIONNAIRE TO USACE WITH THEIR PROPOSAL,
AND MAY DUPLICATE THIS QUESTIONNAIRE FOR FUTURE SUBMISSION ON USACE SOLICITATIONS. CLIENTS ARE HIGHLY
ENCOURAGED TO SUBMIT QUESTIONNAIRES DIRECTLY TO THE OFFEROR. HOWEVER, QUESTIONNAIRES MAY BE
SUBMITTED DIRECTLY TO USACE. PLEASE CONTACT THE OFFEROR FOR USACE POC INFORMATION. THE GOVERNMENT
RESERVES THE RIGHT TO VERIFY ANY AND ALL INFORMATION ON THIS FORM.



                                                                  
                                                                                                      W9128A-12-R-0010

                     ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT
                         YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE

RATING                            DEFINITION                                            NOTE

(E) Exceptional       Performance meets contractual requirements and         An Exceptional rating is appropriate when
                      exceeds many to the Government/Owner’s benefit.        the Contractor successfully performed
                      The contractual performance of the element or sub-     multiple significant events that were of
                      element being assessed was accomplished with few       benefit to the Government/Owner. A
                      minor problems for which corrective actions taken      singular benefit, however, could be of such
                      by the contractor was highly effective.                magnitude that it alone constitutes an
                                                                             Exceptional rating. Also, there should have
                                                                             been NO significant weaknesses identified.
(VG) Very Good        Performance meets contractual requirements and         A Very Good rating is appropriate when the
                      exceeds some to the Government’s/Owner’s               Contractor successfully performed a
                      benefit. The contractual performance of the element    significant event that was a benefit to the
                      or sub-element being assessed was accomplished         Government/Owner. There should have been
                      with some minor problems for which corrective          no significant weaknesses identified.
                      actions taken by the contractor were effective.
(S) Satisfactory      Performance meets minimum contractual                  A Satisfactory rating is appropriate when
                      requirements. The contractual performance of the       there were only minor problems, or major
                      element or sub-element contains some minor             problems that the contractor recovered from
                      problems for which corrective actions taken by the     without impact to the contract. There should
                      contractor appear or were satisfactory.                have been NO significant weaknesses
                                                                             identified. Per DOD policy, a fundamental
                                                                             principle of assigning ratings is that
                                                                             contractors will not be assessed a rating
                                                                             lower than Satisfactory solely for not
                                                                             performing beyond the requirements of the
                                                                             contract.
(M) Marginal          Performance does not meet some contractual             A Marginal is appropriate when a
                      requirements. The contractual performance of the       significant event occurred that the contractor
                      element or sub-element being assessed reflects a       had trouble overcoming which impacted the
                      serious problem for which the contractor has not yet   Government/Owner.
                      identified corrective actions. The contractor's
                      proposed actions appear only marginally effective
                      or were not fully implemented.
(U) Unsatisfactory    Performance does not meet most contractual             An Unsatisfactory rating is appropriate when
                      requirements and recovery is not likely in a timely    multiple significant events occurred that the
                      manner. The contractual performance of the             contractor had trouble overcoming and
                      element or sub-element contains serious problem(s)     which impacted the Government/Owner. A
                      for which the contractor's corrective actions appear   singular problem, however, could be of such
                      or were ineffective.                                   serious magnitude that it alone constitutes an
                                                                             unsatisfactory rating.
(N) Not Applicable    No information or did not apply to your contract       Rating will be neither positive nor negative.




                                                             
                                                                                               W9128A-12-R-0010

                                TO BE COMPLETED BY CLIENT
                     PLEASE CIRCLE THE ADJECTIVE RATING WHICH BEST REFLECTS
                       YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE.
1. QUALITY:
a) Quality of technical data/report preparation efforts                           E   VG   S    M    U     N
b) Ability to meet quality standards specified for technical performance          E   VG   S    M    U     N
c) Timeliness/effectiveness of contract problem resolution without extensive
                                                                                  E   VG   S    M    U     N
customer guidance
d) Adequacy/effectiveness of quality control program and adherence to
contract quality assurance requirements (without adverse effect on                E   VG   S    M    U     N
performance)
2. SCHEDULE/TIMELINESS OF PERFORMANCE:
a) Compliance with contract delivery/completion schedules including any
significant intermediate milestones. (If liquidated damages were assessed or      E   VG   S    M    U     N
the schedule was not met, please address below)
b) Rate the contractor’s use of available resources to accomplish tasks
                                                                                  E   VG   S    M    U     N
identified in the contract
3. CUSTOMER SATISFACTION:
a) To what extent were the end users satisfied with the project?                  E   VG   S    M     U    N
b) Contractor was reasonable and cooperative in dealing with your staff
(including the ability to successfully resolve disagreements/disputes;            E   VG   S    M    U     N
responsiveness to administrative reports, businesslike and communication)
c) To what extent was the contractor cooperative, businesslike, and concerned
                                                                                  E   VG   S    M    U     N
with the interests of the customer?
d) Overall customer satisfaction                                                  E   VG   S    M     U    N
4. MANAGEMENT/ PERSONNEL/LABOR
a) Effectiveness of on-site management, including management of
                                                                                  E   VG   S    M     U    N
subcontractors, suppliers, materials, and/or labor force?
b) Ability to hire, apply, and retain a qualified workforce to this effort        E   VG   S    M     U    N
c) Government Property Control                                                    E   VG   S    M     U    N
d) Knowledge/expertise demonstrated by contractor personnel                       E   VG   S    M     U    N
e) Utilization of Small Business concerns                                         E   VG   S    M     U    N
f) Ability to simultaneously manage multiple projects with multiple disciplines   E   VG   S    M     U    N
g) Ability to assimilate and incorporate changes in requirements and/or
                                                                                  E   VG   S    M     U    N
priority, including planning, execution and response to Government changes
h) Effectiveness of overall management (including ability to effectively lead,
                                                                                  E   VG   S    M     U    N
manage and control the program)
5. COST/FINANCIAL MANAGEMENT
a) Ability to meet the terms and conditions within the contractually agreed
                                                                                  E   VG   S    M     U    N
price(s)?
b) Contractor proposed innovative alternative methods/processes that reduced
                                                                                  E   VG   S    M     U    N
cost, improved maintainability or other factors that benefited the client

                                                                  
                                                                                                 W9128A-12-R-0010

c) If this is/was a Government cost type contract, please rate the Contractor’s
timeliness and accuracy in submitting monthly invoices with appropriate back-
up documentation, monthly status reports/budget variance reports, compliance       E   VG    S    M     U    N
with established budgets and avoidance of significant and/or unexplained
variances (under runs or overruns)
d) Is the Contractor’s accounting system adequate for management and
                                                                                       Yes             No
tracking of costs? If no, please explain in Remarks section.
e) If this is/was a Government contract, has/was this contract been partially or
completely terminated for default or convenience or are there any pending
                                                                                       Yes             No
terminations? Indicate if show cause or cure notices were issued, or any
default action in comment section below.
f) Have there been any indications that the contractor has had any financial
                                                                                       Yes             No
problems? If yes, please explain below.
6. SAFETY/SECURITY
a) To what extent was the contractor able to maintain an environment of
safety, adhere to its approved safety plan, and respond to safety issues?
                                                                                   E   VG    S    M     U    N
(Includes: following the users rules, regulations, and requirements regarding
housekeeping, safety, correction of noted deficiencies, etc.)
b) Contractor complied with all security requirements for the project and
                                                                                   E   VG    S    M     U    N
personnel security requirements.
7. GENERAL
a) Ability to successfully respond to emergency and/or surge situations
(including notifying COR, PM or Contracting Officer in a timely manner             E   VG    S    M     U    N
regarding urgent contractual issues).
b) Compliance with contractual terms/provisions (explain if specific issues)       E   VG    S    M     U    N
c) Would you hire or work with this firm again? (If no, please explain below)          Yes             No
d) In summary, provide an overall rating for the work performed by this
                                                                                   E   VG    S    M     U    N
contractor.

Please provide responses to the questions above (if applicable) and/or additional remarks. Furthermore,
please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other
comments which may assist our office in evaluating performance risk (please attach additional pages if
necessary):




                                                                
                                                                                 W9128A-12-R-0010



                                        SECTION 01 90 10

                         SAMPLE PROJECT TASK ORDER PROVISIONS

1.0   GENERAL

      All applicable provisions stated in the contract shall apply, except as noted herein.

2.0   AMENDMENTS TO SECTION 00100

      2.1 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY
        PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008) (52.211-14)

          Any contract awarded as a result of this task order will be a DO rated order.

      2.2 Type of Contract (FAR 52.216-1)

          The Government contemplates award of a firm-fixed price task order resulting from
          this request for proposal.

      2.3 Site Visit (Construction) (FAR 52.236-27)

          Not required

      2.4 Magnitude of the Proposed Project (S-36-2)

               (a) Physical Characteristics: Project Description
                   The Contractor shall remove existing and install new Computer Room Air
                   Conditioners (CRAC) units.

               (b) Estimated Price Range: The estimated price range of this work is between:
                   $1,000,000 and $5,000,000.

               (c) This is a design-build project.

               (d) This is an OMA funded project.

      2.5 Pre-Proposal Conference (Jul 1995) (S-36.4)

           Not required

      2.6 Facsimile Proposals (FAR 52.215-5)

       Facsimile proposals will be allowed for this task order.
               (a) Definition. "Facsimile proposal," as used in this provision, means a
               proposal, revision or modification of a proposal or withdrawal of a
               proposal that is transmitted to and received by the Government via
               facsimile machine.




00120, Attachment 3
Section 00600 - Representations & Certifications

CLAUSES INCORPORATED BY FULL TEXT


52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2012)

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

(2) The small business size standard is $33.5M average annual revenue.

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

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

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

(      ) Paragraph (d) applies.

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

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

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

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

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

(C) The solicitation is for utility services for which rates are set by law or regulation.

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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


Section 00600-1
(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the
contract value is expected to exceed the simplified acquisition threshold.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.

(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.

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

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


Section 00600-2
(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran--
Representation and Certification. This provision applies to all solicitations.

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

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

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

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

(Contracting Officer check as appropriate.)

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

       (A) Basic.

       (B) Alternate I.

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

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

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

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

       (vi) 52.227-6, Royalty Information.

       (A) Basic.

       (B) Alternate I.

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

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

Section 00600-3
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the
representations and certifications posted on ORCA.

(End of provision)




52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

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

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

Section 00600-4
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an
acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in
paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

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

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

(End of provision)




252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2011)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:

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

(i) 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country. Applies to all
solicitations expected to result in contracts of $150,000 or more.

(ii) 252.209-7005, Reserve Officer Training Corps and Military Recruiting on Campus. Applies to all solicitations
and contracts with institutions of higher education.

(iii) 252.216-7003, Economic Price Adjustment-Wage Rates or Material Prices Controlled by a Foreign
Government. Applies to fixed-price supply and service contracts when the contract is to be performed wholly or in
part in a foreign country, and a foreign government controls wage rates or material prices and may during contract
performance impose a mandatory change in wages or prices of materials.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part
in a foreign country.

(v) 252.229-7003, Tax Exemptions (Italy). Applies to solicitations and contracts when contract performance will be
in Italy.

(vi) 252.229-7005, Tax Exemptions (Spain). Applies to solicitations and contracts when contract performance will
be in Spain.

(vii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for
direct purchase of ocean transportation services or those with an anticipated value at or below the simplified
acquisition threshold.

(2) The following representations or certifications in ORCA are applicable to this solicitation as indicated by the
Contracting Officer: [Contracting Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American Act--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.


Section 00600-5
____Use with Alternate I.

____ (iv) 252.225-7022, Trade Agreements Certificate--Inclusion of Iraqi End Products.

____ (v) 252.225-7031, Secondary Arab Boycott of Israel.

____ (vi) 252.225-7035, Buy American Act--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

(e) The offeror has completed the annual representations and certifications electronically via the Online
representations and Certifications Application (ORCA) Web site at https://www.acquisition.gov/. After reviewing
the ORCA database information, the offeror verifies by submission of the offer that the representations and
certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and
paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate,
complete, and applicable to this solicitation (including the business size standard applicable to theNAICS code
referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR
4.1201); except for the changes identified below [offeror to insert changes, identifying change by provision number,
title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current,
accurate, and complete
as of the date of this offer.

 FAR/DFARS Clause #                    Title                        Date                       Change



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

(End of provision)



CLAUSES INCORPORATED BY FULL TEXT


252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST
COUNTRY (JAN 2009)

(a) "Definitions."

As used in this provision --

(a) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any
political subdivision, agency, or instrumentality thereof.

(2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly
provided support for such acts of international terrorism. As of the date of this provision, terrorist countries subject
to this provision include: Cuba, Iran, Sudan, and Syria.

(3) "Significant interest" means --

Section 00600-6
(i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest
includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some
other method of holding securities that does not disclose the beneficial owner;

(ii) Holding a management position in the firm, such as a director or officer;

(iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm;

(iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other
tangible assets of the firm; or

(v) Holding 50 percent or more of the indebtness of a firm.

(b) "Prohibition on award."

In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government
of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that
owns the subsidiary, unless a waiver is granted by the Secretary of Defense.

(c) "Disclosure."

If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the
Offeror shall disclosure such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose
any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary.
The disclosure shall include --

(1) Identification of each government holding a significant interest; and

(2) A description of the significant interest held by each government.

(End of provision)



CLAUSES INCORPORATED BY FULL TEXT


252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L.
112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation
that—
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability,
unless the agency has considered suspension or debarment of the corporation and made a determination that this
further action is not necessary to protect the interests of the Government.
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the
corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that—




Section 00600-7
(1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all
judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within
the preceding 24 months.

(End of provision)



CLAUSES INCORPORATED BY FULL TEXT


S-7      IDENTIFICATION OF PARTNERS


(Applicable where the offeror has identified itself as a partnership or joint venture.)

The full names of all partners are listed below:

__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________

                                                [End of Statement]




Section 00600-8
Section 00600-9
                                                                                W9128A-12-R-0010


              (b) Offerors may submit facsimile proposals as responses to this
              solicitation. Facsimile proposals are subject to the same rules as paper
              proposals.

              (c) The telephone number of receiving facsimile equipment is (808) 438-
              8588 or (808) 438-8570.

              (d) If any portion of a facsimile proposal received by the Contracting
              Officer is unreadable to the degree that conformance to the essential
              requirements of the solicitation cannot be ascertained from the document:

                      (1) The Contracting Officer shall notify the offeror immediately and
                          permit the offeror to resubmit the proposal

                      (2) The method and time for resubmission shall be prescribed by the
                      Contracting Officer after consultation with the offeror; and
                      (3) The resubmission shall be considered as if it were received at the date
                      and time of the original unreadable submission for the purpose of
                      determining timeliness, provided the offeror complies with the time and
                      format requirements for resubmission prescribed by the Contracting
                      Officer.

               (e) The Government reserves the right to make award solely on the
               facsimile proposal. However, if requested to do so by the
              Contracting Officer, the apparent successful offeror shall submit the
              complete original signed proposal.

     2.7 Special Conditions


              (a) See Section 01 90 00, 1.14 CONDITIONS FOR ACCESS TO KUNIA
                  TUNNEL for other conditions affecting the worksite.


3.0 AMENDMENTS TO SECTION 00700

       3.1 Commencement, Prosecution, and Completion of Work (FAR 52.211-10)

       The Contractor shall be required to:
             (a) Commence work under this task order within seven (7) calendar days
             after the date the Contractor receives the notice to proceed

              (b) Prosecute the work diligently, and

              (c) Complete the entire work ready for use not later than five hundred thirty-
              eight (538) calendar days after the date the Contractor receives the notice to
              proceed.
              The time stated for completion shall include final cleanup of the premises.

      3.2    Liquidated Damages-Construction (FAR 52.211-12)



00120, Attachment 3
                                                                                  W9128A-12-R-0010



              (a) If the Contractor fails to complete the work within the time specified in this
                  task order, the Contractor shall pay liquidated damages to the Government
                  in the amount of $1,099.00 for each calendar day of delay until the work is
                  completed or accepted.

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

     3.3 Physical Data (FAR 52.236-4)

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

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

              (b) The Contractor shall comply with the industrial security requirements of the
                  National Security Agency (NSA).

4.0 AMENDMENTS TO SECTION 00800

     4.1 Project Sign (S-36.12)

           Project sign is not required.

     4.2   Work and Storage Areas (S-36.16):

           Upon request, the Government will provide to the Contractor space for work and
           storage areas.

     4.3 Availability and Use of Utility Services (S-36.21)

      (a) The Government will make all required utilities available to the Contractor from
     existing outlets and supplies, as specified in the contract. Unless otherwise provided in the
     contract, the amount of each utility service consumed shall be charged to or paid for by the
     Contractor at prevailing rates charged to the Government or, where the utility is produced
     by the Government, at reasonable rates determined by the Contracting Officer. The
     Contractor shall carefully conserve any utilities furnished without charge.

     (b) The Contractor, at its expense and in a workmanlike manner satisfactory to the
     Contracting Officer, shall install and maintain all necessary temporary connections and
     distribution lines, and all meters required to measure the amount of each utility used for
     the purpose of determining charges. Before final acceptance of the work by the
     Government, the Contractor shall remove all the temporary connections, distribution lines,
     meters, and associated paraphernalia.



00120, Attachment 3
                                                                                     W9128A-12-R-0010



      (c) Schedule of utilities available from the Government without charge: Water and
      electricity.

      4.4 Notice of Partnering (S-36.22)

             Partnering is not required.

       4.5 Utility Outages (S-8)

      The Contractor shall submit a planned schedule of outages to the Contracting Officer
      for proper coordination with existing facilities, and shall notify the Contracting Officer in
      writing forty-five (45) calendar days in advance of the intended interruptions.

5.0     AMENDMENTS TO SECTION 01 33 00, SUBMITTAL PROCEDURES

       A Submittal Register will not be provided with this RFP. The Contractor shall submit
       technical data for all major features of work to include but not be limited to: condensing
       units, air handling units, insulation, piping, and valves.

6.0     AMENDMENTS TO SECTION 01 35 29, SAFETY AND OCCUPATIONAL HEALTH
        REQUIREMENTS

        The SSHO may not be assigned other duties.

7.0     AMENDMENTS TO SECTION 01 45 04, CONTRACTOR QUALITY CONTROL

        The Quality Control Representative (QCR) may not be assigned duties as project
        superintendent in addition to quality control.

8.0      AMENDMENTS TO SECTION 01 57 20, ENVIRONMENTAL PROTECTION

      8.1 NPDES Permit is not required.

9.0       ADDITIONAL REQUIREMENTS

      9.1 Government Project Office – Not required.

      9.2 Contractor’s Haul Route – To be determined by the COR prior to start of work.




00120, Attachment 3
                                                                                                                                               W9128A-12-R-0010
                                                                                             APPENDIX A
                                                 DISCLOSURE OF LOBBYING ACTIVITIES                                                                 Approved by OMB
                  Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352                   0348-0046
                                    (See reverse for public burden disclosure.)
1. Type of Federal Action:          2. Status of Federal Action:               3. Report Type:
      a. contract                                a. bid/offer/application               a. initial filing
      b. grant                                   b. initial award                       b. material change
      c. cooperative agreement                   c. post-award                       For Material Change Only:
      d. loan                                                                           year _________ quarter _________
      e. loan guarantee                                                                 date of last report ______________
      f. loan insurance
4. Name and Address of Reporting Entity:                    5. If Reporting Entity in No. 4 is a Subawardee, Enter Name
      Prime              Subawardee                           and Address of Prime:
                        Tier ______, if known :




   Congressional District, if known :                                                          Congressional District, if known :
6. Federal Department/Agency:                                                                7. Federal Program Name/Description:


                                                                                               CFDA Number, if applicable : _____________

8. Federal Action Number, if known :                                                         9. Award Amount, if known :
                                                                                                $
10. a. Name and Address of Lobbying Registrant                                               b. Individuals Performing Services (including address if
       ( if individual, last name, first name, MI ):                                             different from No. 10a )
                                                                                                 ( last name, first name, MI ):




                                       form is
11. Information requested through this activitiesauthorized by title 31 U.S.C. section
    1352. This disclosure of lobbying             is a material representation of fact
                                                                                             Signature:
     upon which reliance was placed by the tier above when this transaction was made
     or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This           Print Name:
     information will be available for public inspection. Any person who fails to file the
     required disclosure shall be subject to a civil penalty of not less than $10,000 and    Title:
     not more than $100,000 for each such failure.
                                                                                             Telephone No.: _______________________ Date:
                                                                                                                                  Authorized for Local Reproduction
Federal Use Only:
                                                                                                                                  Standard Form LLL (Rev. 7-97)




                                                                                             00600.APP-1
                                                                                                                                                  W9128A-12-R-0010


                 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal
action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make
payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employee of
Congress, or an employeeof a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.



      1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

      2. Identify the status of the covered Federal action.

      3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter
         the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal
         action.

      4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriateclassification
         of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee,e.g., the first subawardee
         of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

      5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal
         recipient. Include Congressional District, if known.

      6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For
         example, Department of Transportation, United States Coast Guard.

      7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance
         (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

      8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number;
         Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number
         assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

      9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan
         commitment for the prime entity identified in item 4 or 5.

     10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting
             entity identified in item 4 to influence the covered Federal action.

         (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and
             Middle Initial (MI).

     11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control
Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is
estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington,
DC 20503.




                                                                             00600.APP-2
                                                                                    W9128A-12-R-0010

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                                        00600.APP-3            6WDQGDUG)RUP///$
Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE


52.202-1            Definitions                                                    JAN 2012
52.203-3            Gratuities                                                     APR 1984
52.203-5            Covenant Against Contingent Fees                               APR 1984
52.203-6            Restrictions On Subcontractor Sales To The Government          SEP 2006
52.203-7            Anti-Kickback Procedures                                       OCT 2010
52.203-8            Cancellation, Rescission, and Recovery of Funds for Illegal or JAN 1997
                    Improper Activity
52.203-10           Price Or Fee Adjustment For Illegal Or Improper Activity       JAN 1997
52.203-12           Limitation On Payments To Influence Certain Federal            OCT 2010
                    Transactions
52.203-13           Contractor Code of Business Ethics and Conduct                 APR 2010
52.203-14           Display of Hotline Poster(s)                                   DEC 2007
52.203-15           Whistleblower Protections Under the American Recovery and JUN 2010
                    Reinvestment Act of 2009
52.204-2            Security Requirements                                          AUG 1996
52.204-4            Printed or Copied Double-Sided on Postconsumer Fiber           MAY 2011
                    Content Paper
52.204-7            Central Contractor Registration                                FEB 2012
52.204-9            Personal Identity Verification of Contractor Personnel         JAN 2011
52.204-11           American Recovery and Reinvestment Act--Reporting              JUL 2010
                    Requirements
52.209-6            Protecting the Government's Interest When Subcontracting DEC 2010
                    With Contractors Debarred, Suspended, or Proposed for
                    Debarment
52.210-1            Market Research                                                APR 2011
52.211-13           Time Extensions                                                SEP 2000
52.211-15           Defense Priority And Allocation Requirements                   APR 2008
52.211-18           Variation in Estimated Quantity                                APR 1984
52.215-2            Audit and Records--Negotiation                                 OCT 2010
52.215-2 Alt I      Audit and Records--Negotiation (Oct 2010) Alternate I          MAR 2009
52.215-10           Price Reduction for Defective Certified Cost or Pricing Data AUG 2011
52.215-11           Price Reduction for Defective Certified Cost or Pricing Data-- AUG 2011
                    Modifications
52.215-12           Subcontractor Certified Cost or Pricing Data                   OCT 2010
52.215-13           Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010
52.215-15           Pension Adjustments and Asset Reversions                       OCT 2010
52.215-17           Waiver of Facilities Capital Cost of Money                     OCT 1997
52.215-18           Reversion or Adjustment of Plans for Postretirement Benefits JUL 2005
                    (PRB) Other than Pensions
52.215-19           Notification of Ownership Changes                              OCT 1997
52.215-21           Requirements for Certified Cost or Pricing Data or             OCT 2010
                    Information Other Than Certified Cost or Pricing Data--
                    Modifications
52.219-8            Utilization of Small Business Concerns                         JAN 2011
52.219-14           Limitations On Subcontracting                                  NOV 2011
52.222-3            Convict Labor                                                  JUN 2003
52.222-4            Contract Work Hours and Safety Standards Act - Overtime JUL 2005
                    Compensation
52.222-6            Davis Bacon Act                                                JUL 2005
52.222-7            Withholding of Funds                                           FEB 1988
52.222-8            Payrolls and Basic Records                                     JUN 2010
52.222-9    Apprentices and Trainees                                   JUL 2005
52.222-10   Compliance with Copeland Act Requirements                  FEB 1988
52.222-11   Subcontracts (Labor Standards)                             JUL 2005
52.222-12   Contract Termination-Debarment                             FEB 1988
52.222-13   Compliance with Davis-Bacon and Related Act Regulations. FEB 1988
52.222-14   Disputes Concerning Labor Standards                        FEB 1988
52.222-15   Certification of Eligibility                               FEB 1988
52.222-16   Approval of Wage Rates                                     FEB 1988
52.222-21   Prohibition Of Segregated Facilities                       FEB 1999
52.222-26   Equal Opportunity                                          MAR 2007
52.222-27   Affirmative Action Compliance Requirements for             FEB 1999
            Construction
52.222-36   Affirmative Action For Workers With Disabilities           OCT 2010
52.222-37   Employment Reports on Veterans                             SEP 2010
52.222-50   Combating Trafficking in Persons                           FEB 2009
52.222-54   Employment Eligibility Verification                        JAN 2009
52.223-2    Affirmative Procurement of Biobased Products Under Service DEC 2007
            and Construction Contracts
52.223-3    Hazardous Material Identification And Material Safety Data JAN 1997
52.223-5    Pollution Prevention and Right-to-Know Information         MAY 2011
52.223-6    Drug-Free Workplace                                        MAY 2001
52.223-15   Energy Efficiency in Energy-Consuming Products             DEC 2007
52.223-17   Affirmative Procurement of EPA-Designated Items in Service MAY 2008
            and Construction Contracts
52.225-13   Restrictions on Certain Foreign Purchases                  JUN 2008
52.226-5    Restrictions on Subcontracting Outisde Disaster or         NOV 2007
            Emergency Area
52.227-1    Authorization and Consent                                  DEC 2007
52.227-2    Notice And Assistance Regarding Patent And Copyright       DEC 2007
            Infringement
52.227-4    Patent Indemnity-Construction Contracts                    DEC 2007
52.228-2    Additional Bond Security                                   OCT 1997
52.228-5    Insurance - Work On A Government Installation              JAN 1997
52.228-11   Pledges Of Assets                                          JAN 2012
52.228-12   Prospective Subcontractor Requests for Bonds               OCT 1995
52.228-14    Irrevocable Letter of Credit                              DEC 1999
52.228-15   Performance and Payment Bonds--Construction                OCT 2010
52.229-3    Federal, State And Local Taxes                             APR 2003
52.232-5    Payments under Fixed-Price Construction Contracts          SEP 2002
52.232-17   Interest                                                   OCT 2010
52.232-23   Assignment Of Claims                                       JAN 1986
52.232-27   Prompt Payment for Construction Contracts                  OCT 2008
52.232-33   Payment by Electronic Funds Transfer--Central Contractor OCT 2003
            Registration
52.233-1    Disputes                                                   JUL 2002
52.233-3    Protest After Award                                        AUG 1996
52.233-4    Applicable Law for Breach of Contract Claim                OCT 2004
52.236-2    Differing Site Conditions                                  APR 1984
52.236-3    Site Investigation and Conditions Affecting the Work       APR 1984
52.236-5    Material and Workmanship                                   APR 1984
52.236-6    Superintendence by the Contractor                          APR 1984
52.236-7    Permits and Responsibilities                               NOV 1991
52.236-9    Protection of Existing Vegetation, Structures, Equipment,  APR 1984
            Utilities, and Improvements
52.236-10   Operations and Storage Areas                               APR 1984
52.236-11   Use and Possession Prior to Completion                     APR 1984
52.236-12            Cleaning Up                                                     APR 1984
52.236-13            Accident Prevention                                             NOV 1991
52.236-13 Alt I      Accident Prevention (Nov 1991) - Alternate I                    NOV 1991
52.236-16            Quantity Surveys                                                APR 1984
52.236-17            Layout of Work                                                  APR 1984
52.236-21            Specifications and Drawings for Construction                    FEB 1997
52.236-25            Requirements for Registration of Designers                      JUN 2003
52.236-26            Preconstruction Conference                                      FEB 1995
52.242-13            Bankruptcy                                                      JUL 1995
52.242-14            Suspension of Work                                              APR 1984
52.243-4             Changes                                                         JUN 2007
52.244-6             Subcontracts for Commercial Items                               DEC 2010
52.246-12            Inspection of Construction                                      AUG 1996
52.246-13            Inspection--Dismantling, Demolition, or Removal of              AUG 1996
                     Improvements
52.246-21            Warranty of Construction                                        MAR 1994
52.248-3             Value Engineering-Construction                                  OCT 2010
52.249-2 Alt I       Termination for Convenience of the Government (Fixed-           SEP 1996
                     Price) (May 2004) - Alternate I
52.249-3             Termination for Convenience of the Government                   MAY 2004
                     (Dismantling, Demolition, or Removal of Improvements)
52.249-10            Default (Fixed-Price Construction)                              APR 1984
52.253-1             Computer Generated Forms                                        JAN 1991




CLAUSES INCORPORATED BY FULL TEXT


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

* Information to be completed with each task order

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

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to
proceed, or a calendar date.

(End of clause)



CLAUSES INCORPORATED BY FULL TEXT


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

* Information to be completed with each task order

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay
liquidated damages to the Government in the amount of $                [Contracting Officer insert amount] for each
calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until
the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination
clause.

(End of clause)



CLAUSES INCORPORATED BY FULL TEXT


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 contract
award through a maximum of five years if all optional ordering periods are exercised (based ordering period with
four one year option periods).

(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)



CLAUSES INCORPORATED BY FULL TEXT


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 $25,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those
supplies or services under the contract.

(b) Maximum order. There is no established maximum task order limit for this MATOC however total capicity of
the MATOC is $49,000,000 and as such, no order can exceed this amount.


(End of clause)



CLAUSES INCORPORATED BY FULL TEXT


52.216-22     INDEFINITE QUANTITY. (OCT 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering

Section 00700-4
clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in
the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall
order at least the quantity of supplies or services designated in the Schedule as the "minimum".

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

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

(End of clause)



CLAUSES INCORPORATED BY FULL TEXT


52.217-9    OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within prior to contract
expiration date; provided that the Government gives the Contractor a preliminary written notice of its intent to
extend at least 60 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.
(End of clause)



CLAUSES INCORPORATED BY FULL TEXT


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

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

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

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

Section 00700-5
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor
shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause,
upon the occurrence of any of the following:

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

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

(3) For long-term contracts--

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

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

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

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

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

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

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

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 236220- assigned to
contract number from solicitation W9128A-12-R-0010.

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

(End of clause)




CLAUSES INCORPORATED BY FULL TEXT


52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-
DESIGNATED ITEMS (MAY 2008)

Section 00700-6
(a) Definitions. As used in this clause--

Postconsumer material means a material or finished product that has served its intended use and has been discarded
for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader
category of “recovered material.”

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term
does not include those materials and by-products generated from, and commonly reused within, an original
manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used
in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to the Contracting Officer: Ms. Maria R. Buckner.

(End of clause)



CLAUSES INCORPORATED BY FULL TEXT


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

Applicable if any one task order award is less than $7,443,000.00

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

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

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

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

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

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

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

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

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

Cost of components means--

Section 00700-7
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of
incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any
applicable duty (whether or not a duty-free entry certificate is issued); or

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

Domestic construction material means--

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

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

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

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

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

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

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

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

(B) Unit of measure;

Section 00700-8
(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

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

(End of clause)

Section 00700-9
CLAUSES INCORPORATED BY FULL TEXT


52.225-21 REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS—BUY
AMERICAN ACT—CONSTRUCTION MATERIALS (OCT 2010)

(a) Definitions. As used in this clause—

Construction material means an article, material, or supply brought to the construction site by the Contractor or a
subcontractor for incorporation into the building or work. The term also includes an item brought to the site
preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency
lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or
work and that are produced as complete systems, are evaluated as a single and distinct construction material
regardless of when or how the individual parts or components of those systems are delivered to the construction site.

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

Domestic construction material means the following—

(1) An unmanufactured construction material mined or produced in the United States. (The Buy American Act
applies.)

(2) A manufactured construction material that is manufactured in the United States and, if the construction material
consists wholly or predominantly of iron or steel, the iron or steel was produced in
the United States. (Section 1605 of the Recovery Act applies.)

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

Manufactured construction material means any construction material that is not unmanufactured construction
material.

Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other
elements.

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

Unmanufactured construction material means raw material brought to the construction site for incorporation into the
building or work that has not been—

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the
individual raw materials.

(b) Domestic preference.

(1) This clause implements—

(i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by
requiring, unless an exception applies, that all manufactured construction material in the project is manufactured in
the United States and, if the construction material consists wholly or predominantly of iron or steel, the iron or steel
was produced in the United States (produced in the United States means that all manufacturing processes of the iron


Section 00700-10
or steel must take place in the United States, except metallurgical processes involving refinement of steel additives);
and

(ii) The Buy American Act (41 U.S.C. 10a-10d) by providing a preference for unmanufactured construction material
mined or produced in the United States over unmanufactured construction
material mined or produced in a foreign country.

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

(3) This requirement does not apply to the construction material or components listed by the Government as
follows:

__________________________________________
None listed

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

(i) The cost of domestic construction material would be unreasonable;

(A) The cost of domestic manufactured construction material, when compared to the cost of comparable foreign
manufactured construction material, is unreasonable when the cumulative cost of such material will increase the cost
of the contract by more than 25 percent;

(B) The cost of domestic unmanufactured construction material is unreasonable when the cost of such material
exceeds the cost of comparable foreign unmanufactured construction material by more than
6 percent;

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

(iii) The application of the restriction of section 1605 of the Recovery Act to a particular manufactured construction
material would be inconsistent with the public interest or the application of the Buy American Act to a particular
unmanufactured construction material would be impracticable or inconsistent with the public interest.

(c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American Act.
(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause
shall include adequate information for Government evaluation of the request, including—

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

(B) Unit of measure;

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with
paragraph (b)(4) of this clause.

Section 00700-11
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost
comparison table in the format in paragraph (d) of this clause.

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable
duty.

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

(2) If the Government determines after contract award that an exception to section 1605 of the Recovery Act or the
Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the
Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the
basis for the exception is the unreasonable cost of a domestic construction material, adequate consideration is not
less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to section 1605 of the Recovery Act or the Buy American
Act applies, use of foreign construction material is noncompliant with section 1605 of the American Recovery and
Reinvestment Act or the Buy American Act.

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

Foreign and Domestic Construction Materials Cost Comparison

Construction Material                Unit of     Quantity        Cost (Dollars)*
   Description                       Measure

Item 1:
Foreign construction material _______           _______          _______
Domestic construction material_______           _______          _______

Item 2:
Foreign construction material _______            _______      _______
Domestic construction material_______            _______      _______
(List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach
summary.)
(Include other applicable supporting information.)
(* Include all delivery costs to the construction site.])

(End of clause)




CLAUSES INCORPORATED BY FULL TEXT


52.236-4    PHYSICAL DATA (APR 1984)

* As applicable to individual task orders

Data and information furnished or referred to below is for the Contractor's information. The Government shall not

Section 00700-12
be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site
investigations by . . . . . . . . . [insert a description of investigational methods used, such as surveys, auger borings,
core borings, test pits, probings, test tunnels].

(b) Weather conditions . . . . . . . . . (insert a summary of weather records and warnings).

(c) Transportation facilities . . . . . . . . . (insert a summary of transportation facilities providing access from the site,
including information about their availability and limitations.

(d) . . . . . . . . . . (insert other pertinent information).

(End of clause)



CLAUSES INCORPORATED BY FULL TEXT


52.252-2       CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in
full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may
be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/



(End of clause)



CLAUSES INCORPORATED BY FULL TEXT


52.252-4      ALTERATIONS IN CONTRACT (APR 1984)

* As applicable to each task order

As prescribed in FAR Part 52.107 (d), the Contracting Officer shall insert in solicitations and contracts in order to
revise or supplement, as necessary, other parts of the contract, or parts of the solicitation that apply to the contract
phase, except for any clause authorized for use with a deviation.

(End of clause)



CLAUSES INCORPORATED BY FULL TEXT


252.201-7000        CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)




Section 00700-13
(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection
201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting
officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a
copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting
officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity,
delivery, or any other term or condition of the contract.

(End of clause)



CLAUSES INCORPORATED BY FULL TEXT


252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP
2011)

(a) Definition. Covered DoD official, as used in this clause, means an individual that--

(1) Leaves or left DoD service on or after January 28, 2008; and

(2)(i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess
of $10 million, and serves or served--

(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code;

(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code;
or

(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of
Title 37, United States Code; or

(ii) Serves or served in DoD in one of the following positions: Program manager, deputy program manager,
procuring contracting officer, administrative contracting officer, source selection authority, member of the source
selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess
of $10 million.

(b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the
official leaves DoD service, without first determining that the official has sought and received, or has not received
after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of
post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.

(c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of
this contract, suspension, or debarment in accordance with 41 U.S.C. 2105(c).

(End of clause)



CLAUSES INCORPORATED BY FULL TEXT


252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-
RELATED FELONIES (DEC 2008)

Section 00700-14
(a) Definitions. As used in this clause—

(1) “Arising out of a contract with the DoD” means any act in connection with—

(i) Attempting to obtain;

(ii) Obtaining, or

(iii) Performing a contract or first-tier subcontract of any agency, department, or component of the Department of
Defense (DoD).

(2) “Conviction of fraud or any other felony” means any conviction for fraud or a felony in violation of state or
Federal criminal statutes, whether entered on a verdict or plea, including a plea of nolo contendere, for which
sentence has been imposed.

(3) “Date of conviction” means the date judgment was entered against the individual.

(b) Any individual who is convicted after September 29, 1988, of fraud or any other felony arising out of a contract
with the DoD is prohibited from serving--

(1) In a management or supervisory capacity on this contract;

(2) On the board of directors of the Contractor;

(3) As a consultant, agent, or representative for the Contractor; or

(4) In any other capacity with the authority to influence, advise, or control the decisions of the Contractor with
regard to this contract.

(c) Unless waived, the prohibition in paragraph (b) of this clause applies for not less than 5 years from the date of
conviction.

(d) 10 U.S.C. 2408 provides that the Contractor shall be subject to a criminal penalty of not more than $500,000 if
convicted of knowingly--

(1) Employing a person under a prohibition specified in paragraph (b) of this clause; or

(2) Allowing such a person to serve on the board of directors of the contractor or first-tier subcontractor.

(e) In addition to the criminal penalties contained in 10 U.S.C. 2408, the Government may consider other available
remedies, such as—

(1) Suspension or debarment;

(2) Cancellation of the contract at no cost to the Government; or

(3) Termination of the contract for default.

(f) The Contractor may submit written requests for waiver of the prohibition in paragraph (b) of this clause to the
Contracting Officer. Requests shall clearly identify—

(1) The person involved;

(2) The nature of the conviction and resultant sentence or punishment imposed;


Section 00700-15
(3) The reasons for the requested waiver; and

(4) An explanation of why a waiver is in the interest of national security.

(g) The Contractor agrees to include the substance of this clause, appropriately modified to reflect the identity and
relationship of the parties, in all first-tier subcontracts exceeding the simplified acquisition threshold in Part 2 of the
Federal Acquisition Regulation, except those for commercial items or components.

(h) Pursuant to 10 U.S.C. 2408(c), defense contractors and subcontractors may obtain information as to whether a
particular person has been convicted of fraud or any other felony arising out of a contract with the DoD by
contacting The Office of Justice Programs, The Denial of Federal Benefits Office, U.S. Department of Justice,
telephone 301-937-1542; www.ojp.usdoj.gov/BJA/grant/DPFC.html''.

(End of clause)



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252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JAN 2009)

The Contractor shall inform its employees in writing of employee whistleblower rights and protections under 10
U.S.C. 2409, as described in Subpart 203.9 of the Defense Federal Acquisition Regulation Supplement.

(End of clause)




CLAUSES INCORPORATED BY FULL TEXT


252.204-7000      DISCLOSURE OF INFORMATION (DEC 1991)

(a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information,
regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to
this contract, unless--

(1) The Contracting Officer has given prior written approval; or

(2) The information is otherwise in the public domain before the date of release.

(b) Requests for approval shall identify the specific information to be released, the medium to be used, and the
purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 45 days before the
proposed date for release.

(c) The Contractor agrees to include a similar requirement in each subcontract under this contract. Subcontractors
shall submit requests for authorization to release through the prime contractor to the Contracting Officer.

(End of clause)



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Section 00700-16
252.204-7003      CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

The Contractor's procedures for protecting against unauthorized disclosure of information shall not require
Department of Defense employees or members of the Armed Forces to relinquish control of their work products,
whether classified or not, to the contractor.

(End of clause)



CLAUSES INCORPORATED BY FULL TEXT


252.204-7004 ALTERNATE A, CENTRAL CONTRACTOR REGISTRATION (SEP 2007)

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

“Central Contractor Registration (CCR) 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 CCR records
for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11 of the Federal Acquisition
Regulation) for the same parent concern.

“Registered in the CCR database” means that--

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number,
into the CCR database;

(2) The Contractor's CAGE code is in the CCR database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification
Number (TIN) with the Internal Revenue Service, and has marked the records ``Active.'' The Contractor will be
required to provide consent for TIN validation to the Government as part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be
registered in the CCR database prior to award, during performance, and through final payment of any contract, basic
agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(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


Section 00700-17
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 CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number-

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at
http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer,
the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(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.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for
any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the
CCR database after the initial registration, the Contractor is required to review and update on an annual basis from
the date of initial registration or subsequent updates its information in the CCR database to ensure it is current,
accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and
is not a substitute for a properly executed contractual document.

(g)
(1)
(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is
shown on the contract), or has transferred the assets used in performing the contract, but has not completed the
necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall
provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to
(A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C)
agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor
must provide with the notification sufficient documentation to support the legally changed name.

Section 00700-18
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform
the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or
change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated
in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment"
paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in
the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of
Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's
CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that
Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment"
paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the
internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

(End of clause)


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252.204-7005      ORAL ATTESTATION OF SECURITY RESPONSIBILITIES (NOV 2001)

(a) Contractor employees cleared for access to Top Secret (TS), Special Access Program (SAP), or Sensitive
Compartmented Information (SCI) shall attest orally that they will conform to the conditions and responsibilities
imposed by law or regulation on those granted access. Reading aloud the first paragraph of Standard Form 312,
Classified Information Nondisclosure Agreement, in the presence of a person designated by the Contractor for this
purpose, and a witness, will satisfy this requirement. Contractor employees currently cleared for access to TS, SAP,
or SCI may attest orally to their security responsibilities when being briefed into a new program or during their
annual refresher briefing. There is no requirement to retain a separate record of the oral attestation.

(b) If an employee refuses to attest orally to security responsibilities, the Contractor shall deny the employee access
to classified information and shall submit a report to the Contractor's security activity.

(End of clause)



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252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE
GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)

(a) Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into
any subcontract in excess of $30,000 with a firm, or a subsidiary of a firm, that is identified in the Excluded Parties
List System as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled
by the government of a terrorist country.

(b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before
entering into a subcontract with a party that is identified, on the List of Parties Excluded from Federal Procurement
and Nonprocurement Programs, as being ineligible for the award of Defense contracts or subcontracts because it is
owned or controlled by the government of a terrorist country. The notice must include the name of the proposed
subcontractor notwithstanding its inclusion on the List of Parties Excluded From Federal Procurement and

Section 00700-19
Nonprocurement Programs.

(End of clause)



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252.211-7007 REPORTING OF GOVERNMENT-FURNISHED EQUIPMENT IN THE DOD ITEM UNIQUE
IDENTIFICATION (IUID) REGISTRY (NOV 2008)

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

2D data matrix symbol means the 2-dimensional Data Matrix ECC 200 as specified by International Standards
Organization/International Electrotechnical Commission (ISO/IEC) Standard 16022: Information Technology--
International Symbology Specification--Data Matrix.

Acquisition cost, for Government-furnished equipment, means the amount identified in the contract, or in the
absence of such identification, the item's fair market value.

Concatenated unique item identifier means--

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data
elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise
identifier; e.g., the enterprise identifier along with the contractor's property internal identification, i.e., tag number is
recognized as the serial number; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique
identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number;
and serial number within the original part, lot, or batch number.

Equipment means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and
needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity
or become a component part of another article when put into use.

Government-furnished equipment means an item of special tooling, special test equipment, or equipment, in the
possession of, or directly acquired by, the Government and subsequently furnished to the Contractor (including
subcontractors and alternate locations) for the performance of a contract.

Item means equipment, special tooling, or special test equipment, to include such equipment, special tooling, or
special test equipment that is designated as serially managed, mission essential, sensitive, or controlled inventory (if
previously identified as such in accordance with the terms and conditions of the contract).

Item unique identification (IUID) means a system of assigning, reporting, and marking DoD property with unique
item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items.

IUID Registry means the DoD data repository that receives input from both industry and Government sources and
provides storage of, and access to, data that identifies and describes tangible Government personal property.

Material means property that may be consumed or expended during the performance of a contract, component parts
of a higher assembly, or items that lose their individual identity through incorporation into an end item. Material
does not include equipment, special tooling, or special test equipment.

Reparable means an item, typically in unserviceable condition, furnished to the Contractor for maintenance, repair,
modification, or overhaul.

Section 00700-20
Sensitive item means an item potentially dangerous to public safety or security if stolen, lost, or misplaced, or that
shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons,
ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious
metals.

Serially managed item means an item designated by DoD to be uniquely tracked, controlled, or managed in
maintenance, repair, and/or supply systems by means of its serial number.

Special test equipment means either single or multipurpose integrated test units engineered, designed, fabricated, or
modified to accomplish special purpose testing in performing a contract. It consists of items or assemblies of
equipment including foundations and similar improvements necessary for installing special test equipment, and
standard or general purpose items or components that are interconnected and interdependent so as to become a new
functional entity for special testing purposes. Special test equipment does not include material, special tooling, real
property, or equipment items used for general testing purposes, or property that with relatively minor expense can be
made suitable for general purpose use.

Special tooling means jigs, dies, fixtures, molds, patterns, taps, gauges, and all components of these items, including
foundations and similar improvements necessary for installing special tooling, and which are of such a specialized
nature that without substantial modification or alteration their use is limited to the development or production of
particular supplies or parts thereof or to the performance of particular services. Special tooling does not include
material, special test equipment, real property, equipment, machine tools, or similar capital items.

Unique item identifier (UII) means a set of data elements permanently marked on an item that is globally unique and
unambiguous and never changes, in order to provide traceability of the item throughout its total life cycle. The term
includes a concatenated UII or a DoD recognized unique identification equivalent.

Virtual UII means the UII data elements assigned to an item that is not marked with a DoD compliant 2D data
matrix symbol, e.g., enterprise identifier, part number, and serial number; or the enterprise identifier along with the
Contractor's property internal identification, i.e., tag number.

(b) Requirement for item unique identification of Government-furnished equipment. Except as provided in
paragraph (c) of this clause--

(1) Contractor accountability and management of Government-furnished equipment shall be performed at the item
level; and

(2) Unless provided by the Government, the Contractor shall establish a virtual UII or a DoD recognized unique
identification for items that are--

(i) Valued at $5,000 or more in unit acquisition cost; or

(ii) Valued at less than $5,000 in unit acquisition cost and are serially managed, mission essential, sensitive, or
controlled inventory, as identified in accordance with the terms and conditions of the contract.

(c) Exceptions. Paragraph (b) of this clause does not apply to--

(1) Government-furnished material;

(2) Reparables;

(3) Contractor-acquired property;

(4) Property under any statutory leasing authority;




Section 00700-21
(5) Property to which the Government has acquired a lien or title solely because of partial, advance, progress, or
performance-based payments;

(6) Intellectual property or software; or

(7) Real property.

(d) Procedures for establishing UIIs. To permit reporting of virtual UIIs to the DoD IUID Registry, the Contractor's
property management system shall enable the following data elements in addition to those required by paragraph
(f)(1)(iii) of the Government Property clause of this contract (FAR 52.245-1):

(1) Parent UII.

(2) Concatenated UII.

(3) Received/Sent (shipped) date.

(4) Status code.

(5) Current part number (if different from the original part number).

(6) Current part number effective date.

(7) Category code (``E'' for equipment).

(8) Contract number.

(9) Commercial and Government Entity (CAGE) code.

(10) Mark record.

(i) Bagged or tagged code (for items too small to individually tag or mark).

(ii) Contents (the type of information recorded on the item, e.g., item internal control number).

(iii) Effective date (date the mark is applied).

(iv) Added or removed code/flag.

(v) Marker code (designates which code is used in the marker identifier, e.g., D=CAGE, UN=DUNS,
LD=DODAAC).

(vi) Marker identifier, e.g., Contractor's CAGE code or DUNS number.

(vii) Medium code; how the data is recorded, e.g., barcode, contact memory button.

(viii) Value, e.g., actual text or data string that is recorded in its human readable form.

(ix) Set (used to group marks when multiple sets exist); for the purpose of this clause, this defaults to ``one (1)''.

(e) Procedures for updating the DoD IUID Registry. The Contractor shall update the DoD IUID Registry at
https://www.bpn.gov/iuid for changes in status, mark, custody, or disposition of items--

(1) Delivered or shipped from the Contractor's plant, under Government instructions, except when shipment is to a
subcontractor or other location of the Contractor;


Section 00700-22
(2) Consumed or expended, reasonably and properly, or otherwise accounted for, in the performance of the contract
as determined by the Government property administrator, including reasonable inventory adjustments;

(3) Disposed of; or

(4) Transferred to a follow-on or other contract.

(End of clause)




CLAUSES INCORPORATED BY FULL TEXT


252.215-7000       PRICING ADJUSTMENTS (DEC 1991)

The term "pricing adjustment," as used in paragraph (a) of the clauses entitled "Price Reduction for Defective Cost
or Pricing Data - Modifications," "Subcontractor Cost or Pricing Data," and "Subcontractor Cost or Pricing Data -
Modifications," means the aggregate increases and/or decreases in cost plus applicable profits.

(End of clause)



CLAUSES INCORPORATED BY FULL TEXT


252.215-7002       COST ESTIMATING SYSTEM REQUIREMENTS (FEB 2012)

(a) Definitions.

Acceptable estimating system means an estimating system that complies with the system criteria in paragraph (d) of
this clause, and provides for a system that--

(1) Is maintained, reliable, and consistently applied;

(2) Produces verifiable, supportable, documented, and timely cost estimates that are an acceptable basis for
negotiation of fair and reasonable prices;

(3) Is consistent with and integrated with the Contractor's related management systems; and

(4) Is subject to applicable financial control systems.

Estimating system means the Contractor's policies, procedures, and practices for budgeting and planning controls,
and generating estimates of costs and other data included in proposals submitted to customers in the expectation of
receiving contract awards.

Estimating system includes the Contractor's--

(1) Organizational structure;

(2) Established lines of authority, duties, and responsibilities;

(3) Internal controls and managerial reviews;


Section 00700-23
(4) Flow of work, coordination, and communication; and

(5) Budgeting, planning, estimating methods, techniques, accumulation of historical costs, and other analyses used
to generate cost estimates.

Significant deficiency means a shortcoming in the system that materially affects the ability of officials of the
Department of Defense to rely upon information produced by the system that is needed for management purposes.

(b) General. The Contractor shall establish, maintain, and comply with an acceptable estimating system.

(c) Applicability. Paragraphs (d) and (e) of this clause apply if the Contractor is a large business and either--

(1) In its fiscal year preceding award of this contract, received Department of Defense (DoD) prime contracts or
subcontracts, totaling $50 million or more for which certified cost or pricing data were required; or

(2) In its fiscal year preceding award of this contract--

(i) Received DoD prime contracts or subcontracts totaling $10 million or more (but less than $50 million) for which
certified cost or pricing data were required; and

(ii) Was notified, in writing, by the Contracting Officer that paragraphs (d) and (e) of this clause apply.

(d) System requirements. (1) The Contractor shall disclose its estimating system to the Administrative Contracting
Officer (ACO), in writing. If the Contractor wishes the Government to protect the information as privileged or
confidential, the Contractor must mark the documents with the appropriate legends before submission.

(2) An estimating system disclosure is acceptable when the Contractor has provided the ACO with documentation
that--

(i) Accurately describes those policies, procedures, and practices that the Contractor currently uses in preparing cost
proposals; and

(ii) Provides sufficient detail for the Government to reasonably make an informed judgment regarding the
acceptability of the Contractor's estimating practices.

(3) The Contractor shall--

(i) Comply with its disclosed estimating system; and

(ii) Disclose significant changes to the cost estimating system to the ACO on a timely basis.

(4) The Contractor's estimating system shall provide for the use of appropriate source data, utilize sound estimating
techniques and good judgment, maintain a consistent approach, and adhere to established policies and procedures.
An acceptable estimating system shall accomplish the following functions:

(i) Establish clear responsibility for preparation, review, and approval of cost estimates and budgets.

(ii) Provide a written description of the organization and duties of the personnel responsible for preparing,
reviewing, and approving cost estimates and budgets.

(iii) Ensure that relevant personnel have sufficient training, experience, and guidance to perform estimating and
budgeting tasks in accordance with the Contractor's established procedures.

(iv) Identify and document the sources of data and the estimating methods and rationale used in developing cost
estimates and budgets.


Section 00700-24
(v) Provide for adequate supervision throughout the estimating and budgeting process.

(vi) Provide for consistent application of estimating and budgeting techniques.

(vii) Provide for detection and timely correction of errors.

(viii) Protect against cost duplication and omissions.

(ix) Provide for the use of historical experience, including historical vendor pricing information, where appropriate.

(x) Require use of appropriate analytical methods.

(xi) Integrate information available from other management systems.

(xii) Require management review, including verification of compliance with the company's estimating and budgeting
policies, procedures, and practices.

(xiii) Provide for internal review of, and accountability for, the acceptability of the estimating system, including the
budgetary data supporting indirect cost estimates and comparisons of projected results to actual results, and an
analysis of any differences.

(xiv) Provide procedures to update cost estimates and notify the Contracting Officer in a timely manner throughout
the negotiation process.

(xv) Provide procedures that ensure subcontract prices are reasonable based on a documented review and analysis
provided with the prime proposal, when practicable.

(xvi) Provide estimating and budgeting practices that consistently generate sound proposals that are compliant with
the provisions of the solicitation and are adequate to serve as a basis to reach a fair and reasonable price.

(xvii) Have an adequate system description, including policies, procedures, and estimating and budgeting practices,
that comply with the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement.

(e) Significant deficiencies.

(1) The Contracting Officer will provide an initial determination to the Contractor, in writing, of any significant
deficiencies. The initial determination will describe the deficiency in sufficient detail to allow the Contractor
to understand the deficiency.

(2) The Contractor shall respond within 30 days to a written initial determination from the Contracting Officer that
identifies significant deficiencies in the Contractor's estimating system. If the Contractor disagrees with the initial
determination, the Contractor shall state, in writing, its rationale for disagreeing.

(3) The Contracting Officer will evaluate the Contractor's response and notify the Contractor, in writing, of the
Contracting Officer's final determination concerning--

(i) Remaining significant deficiencies;

(ii) The adequacy of any proposed or completed corrective action; and

(iii) System disapproval, if the Contracting Officer determines that one or more significant deficiencies remain.

(f) If the Contractor receives the Contracting Officer's final determination of significant deficiencies, the Contractor
shall, within 45 days of receipt of the final determination, either correct the significant deficiencies or submit an
acceptable corrective action plan showing milestones and actions to eliminate the significant deficiencies.


Section 00700-25
(g) Withholding payments. If the Contracting Officer makes a final determination to disapprove the Contractor's
estimating system, and the contract includes the clause at 252.242-7005, Contractor Business Systems, the
Contracting Officer will withhold payments in accordance with that clause.

(End of clause)


CLAUSES INCORPORATED BY FULL TEXT


252.222-7000      RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)

(a) The Contractor shall employ, for the purpose of performing that portion of the contract work in         ,
individuals who are residents thereof and who, in the case of any craft or trade, possess or would be able to acquire
promptly the necessary skills to perform the contract.

(b) The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded
under this contract.

(End of clause)




252.223-7001      HAZARD WARNING LABELS (DEC 1991)

(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material
Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this
contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires
that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to
the labeling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material
Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through
(5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be
interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert "None.")                             ACT
__________________________________                             _____________________________
__________________________________                             _____________________________

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all
hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material



Section 00700-26
Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of
this contract.

(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions
adopted during the term of this contract).

(End of clause)




252.223-7004       DRUG-FREE WORK FORCE (SEP 1988)

(a) Definitions.

(1) "Employee in a sensitive position," as used in this clause, means an employee who has been granted access to
classified information; or employees in other positions that the Contractor determines involve national security;
health or safety, or functions other than the foregoing requiring a high degree of trust and confidence.

(2) "Illegal drugs," as used in this clause, means controlled substances included in Schedules I and II, as defined by
section 802(6) of title 21 of the United States Code, the possession of which is unlawful under chapter 13 of that
Title. The term "illegal drugs" does not mean the use of a controlled substance pursuant to a valid prescription or
other uses authorized by law.

(b) The Contractor agrees to institute and maintain a program for achieving the objective of a drug-free work force.
While this clause defines criteria for such a program, contractors are encouraged to implement alternative
approaches comparable to the criteria in paragraph (c) that are designed to achieve the objectives of this clause.

(c) Contractor programs shall include the following, or appropriate alternatives:

(1) Employee assistance programs emphasizing high level direction, education, counseling, rehabilitation, and
coordination with available community resources;

(2) Supervisory training to assist in identifying and addressing illegal drug use by Contractor employees;

(3) Provision for self-referrals as well as supervisory referrals to treatment with maximum respect for individual
confidentiality consistent with safety and security issues;

(4) Provision for identifying illegal drug users, including testing on a controlled and carefully monitored basis.
Employee drug testing programs shall be established taking account of the following:

(i) The Contractor shall establish a program that provides for testing for the use of illegal drugs by employees in
sensitive positions. The extent of and criteria for such testing shall be determined by the Contractor based on
considerations that include the nature of the work being performed under the contract, the employee's duties, and
efficient use of Contractor resources, and the risks to health, safety, or national security that could result from the
failure of an employee adequately to discharge his or her position.

(ii) In addition, the Contractor may establish a program for employee drug testing--

(A) When there is a reasonable suspicion that an employee uses illegal drugs; or

(B) When an employees has been involved in an accident or unsafe practice;

(C) As part of or as a follow-up to counseling or rehabilitation for illegal drug use;

(D) As part of a voluntary employee drug testing program.


Section 00700-27
(iii) The Contractor may establish a program to test applicants for employment for illegal drug use.

(iv) For the purpose of administering this clause, testing for illegal drugs may be limited to those substances for
which testing is prescribed by section 2..1 of subpart B of the "Mandatory Guidelines for Federal Workplace Drug
Testing Programs" (53 FR 11980 (April 11, 1988), issued by the Department of Health and Human Services.

(d) Contractors shall adopt appropriate personnel procedures to deal with employees who are found to be using
drugs illegally. Contractors shall not allow any employee to remain on duty or perform in a sensitive position who
is found to use illegal drugs until such times as the Contractor, in accordance with procedures established by the
Contractor, determines that the employee may perform in such a position.

(e) The provisions of this clause pertaining to drug testing program shall not apply to the extent that are inconsistent
with state or local law, or with an existing collective bargaining agreement; provided that with respect to the latter,
the Contractor agrees those issues that are in conflict will be a subject of negotiation at the next collective bargaining
session.

(End of clause)


252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS
MATERIALS (APR 1993)

(a) "Definitions".

As used in this clause --

(1) "Storage" means a non-transitory, semi-permanent or permanent holding, placement, or leaving of material. It
does not include a temporary accumulation of a limited quantity of a material used in or a waste generated or
resulting from authorized activities, such as servicing, maintenance, or repair of Department of Defense (DoD)
items, equipment, or facilities.

(2) "Toxic or hazardous materials" means:

(i) Materials referred to in section 101(14) of the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) of 1980 (42 U.S.C. 9601(14)) and materials designated under section 102 of CERCLA (42
U.S.C. 9602) (40 CFR part 302);

(ii) Materials that are of an explosive, flammable, or pyrotechnic nature; or

(iii) Materials otherwise identified by the Secretary of Defense as specified in DoD regulations.

(b) In accordance with 10 U.S.C. 2692, the Contractor is prohibited from storing or disposing of non-DoD-owned
toxic or hazardous materials on a DoD installation, except to the extent authorized by a statutory exception to 10
U.S.C. 2692 or as authorized by the Secretary of Defense or his designee.

(End of clause)




252.227-7022      GOVERNMENT RIGHTS (UNLIMITED) (MAR 1979)

The Government shall have unlimited rights, in all drawings, designs, specifications, notes and other works
developed in the performance of this contract, including the right to use same on any other Government design or
construction without additional compensation to the Contractor. The Contractor hereby grants to the Government a

Section 00700-28
paid-up license throughout the world to all such works to which he may assert or establish any claim under design
patent or copyright laws. The Contractor for a period of three (3) years after completion of the project agrees to
furnish the original or copies of all such works on the request of the Contracting Officer.

(End of clause)




252.227-7033      RIGHTS IN SHOP DRAWINGS (APR 1966)

(a) Shop drawings for construction means drawings, submitted to the Government by the Construction Contractor,
subcontractor or any lower-tier subcontractor pursuant to a construction contract, showing in detail (i) the proposed
fabrication and assembly of structural elements and (ii) the installation (i.e., form, fit, and attachment details) of
materials or equipment. The Government may duplicate, use, and disclose in any manner and for any purpose shop
drawings delivered under this contract.

(b) This clause, including this paragraph (b), shall be included in all subcontracts hereunder at any tier.


252.231-7000      SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

When the allowability of costs under this contract is determined in accordance with part 31 of the Federal
Acquisition Regulation (FAR), allowability shall also be determined in accordance with part 231 of the Defense
FAR Supplement, in effect on the date of this contract.

(End of clause)




252.232-7003      ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(MAR 2008)

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

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal
Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system
to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission
of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment
request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting
Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the
Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving
reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange,
Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet
at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when--




Section 00700-29
(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor
and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will
transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic
submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the
Contracting Officer's determination with each request for payment; or

(4) DoD makes payment for commercial transportation services provided under a Government rate tender or a
contract for transportation services using a DoD-approved electronic third party payment system or other exempted
vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and
Billing System).

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in
Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate
payment clauses in this contract when submitting payments requests.

(End of clause)




252.232-7007       LIMITATION OF GOVERNMENT'S OBLIGATION (MAY 2006)

* As applicable in accordance with individual task orders

(a) Contract line item(s)         through       are incrementally funded. For these item(s), the sum of $           of the
total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in
paragraph (j) of this clause.

(b) For items(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which
the total amount payable by the Government, including reimbursement in the event of termination of those item(s)
for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor
is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any
event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of
anything to the contrary in the clause entitled "TERMINATION FOR THE CONVENIENCE OF THE
GOVERNMENT." As used in this clause, the total amount payable by the Government in the event of termination
of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs
for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will
notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best
judgment, the work will reach the point at which the total amount payable by the Government, including any cost for
termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for
performance of the applicable item(s). The notification will state (1) the estimated date when that point will be
reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up
to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed
upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional
funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent
period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the
parties. If after such notification additional funds are not allotted by the date identified in the Contractor's


Section 00700-30
notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional
funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE
CONVENIENCE OF THE GOVERNMENT".

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph
(a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds.
The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds
and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in
amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the
Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional
funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing,
and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such
equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause
entitled "disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract
line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled
"DEFAULT." The provisions of this clause are limited to work and allotment of funds for the contract line item(s)
set forth in paragraph (a) of this clause. This clause no longer applies once the contract if fully funded except with
regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or
(e) of this clause.

(h) Nothing in this clause affects the right of the Government to this contract pursuant to the clause of this contract
entitled "TERMINATION FOR CONVENIENCE OF THE GOVERNMENT."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise
prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following
schedule:

On execution of contract $--

 (month) (day), (year) $----

 (month) (day), (year) $----

 (month) (day), (year) $----
(End of clause)




252.232-7010     LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of
contract payments, up to the amount of tax debt.

(b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in
an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in
writing, with a copy to the Administrative Contracting Officer, and shall provide--



Section 00700-31
(1) The total dollar amount of the levy;

(2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including
rationale and adequate supporting documentation; and

(3) Advice as to whether the inability to perform may adversely affect national security, including rationale and
adequate supporting documentation.

(c) DoD shall promptly review the Contractor's assessment, and the Procuring Contracting Officer shall provide a
written notification to the Contractor including--

(1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and

(2)(i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect
national security, the total amount of the monies collected that should be returned to the Contractor; or

(ii) If the levy may result in an inability to perform the contract but will not impact national security, a
recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation.

(d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act.

(End of clause)




252.236-7000       MODIFICATION PROPOSALS - PRICE BREAKDOWN. (DEC 1991)

(a) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the
Contracting Officer, with any proposal for a contract modification.

(b) The price breakdown --

(1) Must include sufficient detail to permit an analysis of profit, and of all costs for --

(i) Material;

(ii) Labor;

(iii) Equipment;

(iv) Subcontracts; and

(v) Overhead; and

(2) Must cover all work involved in the modification, whether the work was deleted, added, or changed.

(c) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts.

(d) The Contractor's proposal shall include a justification for any time extension proposed.


252.236-7001       CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

* As applicable in accordance with individual task order

Section 00700-32
(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications,
except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen
by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

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

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

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

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

(c) In general--

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

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

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

(e) The work shall conform to the specifications and the contract drawings identified on the following index of
drawings:

 Title         File          Drawing No.

(End of clause)




252.236-7013 REQUIREMENT FOR COMPETITION OPPORTUNITY FOR AMERICAN STEEL
PRODUCERS, FABRICATORS, AND MANUFACTURERS (JAN 2009)

(a) Definition. Construction material, as used in this clause, means an article, material, or supply brought to the
construction site by the Contractor or a subcontractor for incorporation into the building or work.

(b) The Contractor shall provide American steel producers, fabricators, and manufacturers the opportunity to
compete when acquiring steel as a construction material (e.g., steel beams, rods, cables, plates).

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in any subcontract that
involves the acquisition of steel as a construction material.

(End of clause)




252.243-7001       PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

Section 00700-33
When costs are a factor in any price adjustment under this contract, the contract cost principles and procedures in
FAR part 31 and DFARS part 231, in effect on the date of this contract, apply.




252.243-7002        REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract
adjustment for which the Contractor believes the Government is liable. The request shall include only costs for
performing the change, and shall not include any costs that already have been reimbursed or that have been
separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance
with applicable acquisition regulations.

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the
simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an
individual authorized to certify the request on behalf of the Contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of
my knowledge and belief.

----------------------------------------------------------------------
(Official's Name)
----------------------------------------------------------------------
(Title)

(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including--

(1) Cost or pricing data if required in accordance with subsection 15.403-4 of the Federal Acquisition Regulation
(FAR); and

(2) Information other than cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual
cost data and data to support any estimated costs, even if cost or pricing data are not required.

(d) The certification requirement in paragraph (b) of this clause does not apply to----

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services,
routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or

(2) Final adjustment under an incentive provision of the contract.




252.247-7023        Transportation of Supplies by Sea (MAY 2002)

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

(1) "Components" means articles, materials, and supplies incorporated directly into end products at any level of
manufacture, fabrication, or assembly by the Contractor or any subcontractor.

(2) "Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

(3) "Foreign flag vessel" means any vessel that is not a U.S.-flag vessel.

(4) "Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international

Section 00700-34
waters.

(5) "Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor
whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is
performing any part of the work or other requirement of the prime contract.

(6) "Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or
owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a
reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and
vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine
tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

(7) "U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel
registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if--

(i) This contract is a construction contract; or

(ii) The supplies being transported are--

(A) Noncommercial items; or

(B) Commercial items that--

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor
does not add value to items that it contracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in
humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance
with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag
vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that --

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of other than U.S.-flag vessels in writing to the Contracting
Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer
will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure
to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or
any other clause of this contract. Requests shall contain at a minimum --

(1) Type, weight, and cube of cargo;

Section 00700-35
(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names
and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and
facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer
and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh
Street SW., Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading,
which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of the steamship company.

(f) The Contractor shall provide with its final invoice under this contract a representation that to the best of its
knowledge and belief--

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all non-
U.S.-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on non-U.S.-flag vessels without the
written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

  ITEM                        CONTRACT                    QUANTITY
  DESCRIPTION                 LINE ITEMS
  ____________________________________________________________________

Section 00700-36
  ____________________________________________________________________
  ____________________________________________________________________
  ____________________________________________________________________
TOTAL_______________________________________________________________

(g) If the final invoice does not include the required representation, the Government will reject and return it to the
Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there
has been unauthorized use of non-U.S.-flag vessels in the performance of this contract, the Contracting Officer is
entitled to equitably adjust the contract, based on the unauthorized use.

(h) In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, the Contractor
shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed
the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in
subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause)




252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000)

(a) The Contractor has indicated by the response to the solicitation provision, Representation of Extent of
Transportation by Sea, that it did not anticipate transporting by sea any supplies. If, however, after the award of this
contract, the Contractor learns that supplies, as defined in the Transportation of Supplies by Sea clause of this
contract, will be transported by sea, the Contractor --

(1) Shall notify the Contracting Officer of that fact; and

(2) Hereby agrees to comply with all the terms and conditions of the Transportation of Supplies by Sea clause of this
contract.

(b) The Contractor shall include this clause; including this paragraph (b), revised as necessary to reflect the
relationship of the contracting parties--

(1) In all subcontracts under this contract, if this contract is a construction contract; or

(2) If this contract is not a construction contract, in all subcontracts under this contract that are for--

(i) Noncommercial items; or

(ii) Commercial items that--

(A) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor
does not add value to items that it subcontracts for f.o.b. destination shipment);

(B) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in
humanitarian or peacekeeping operations; or

(C) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance
with 10 U.S.C. 2643.


Section 00700-37
(End of clause)




Section 00700-38
                                                                   Page 1 of 19



General Decision Number: HI120001 03/30/2012           HI1

Superseded General Decision Number: HI20100001

State: Hawaii

Construction Types: Building, Heavy (Heavy and Dredging),
Highway and Residential


Counties: Hawaii Statewide.

BUILDING CONSTRUCTION PROJECTS; RESIDENTIAL CONSTRUCTION
PROJECTS (consisting of single family homes and apartments up
to and including 4 stories); HEAVY AND HIGHWAY CONSTRUCTION
PROJECTS AND DREDGING


Modification Number        Publication Date
          0                 01/06/2012
          1                 01/13/2012
          2                 01/20/2012
          3                 01/27/2012
          4                 02/10/2012
          5                 03/02/2012
          6                 03/30/2012

 ASBE0132-001 08/29/2010

                                       Rates             Fringes

Asbestos Workers/Insulator
     Includes application of
     all insulating materials,
     protective coverings,
     coatings and finishes to
     all types of mechanical
     systems. Also the
     application of
     firestopping material for
     wall openings and
     penetrations in walls,
     floors, ceilings and
     curtain walls...............$ 36.65            22.24
----------------------------------------------------------------
* BOIL0627-005 01/01/2012

                                       Rates             Fringes

BOILERMAKER......................$ 33.70            26.35
----------------------------------------------------------------
 BRHI0001-001 08/29/2011

                                       Rates             Fringes

BRICKLAYER
     Bricklayers and Stonemasons.$ 33.90            22.62
     Pointers, Caulkers and
     Weatherproofers.............$ 34.15            22.62
----------------------------------------------------------------




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                                                                    Page 2 of 19



 BRHI0001-002 08/29/2011

                                       Rates            Fringes

Tile, Marble & Terrazzo Worker
     Terrazzo Base Grinders......$ 32.34            22.62
     Terrazzo Floor Grinders
     and Tenders.................$ 30.79            22.62
     Tile, Marble and Terrazzo
     Workers.....................$ 34.15            22.62
----------------------------------------------------------------
 CARP0745-001 08/29/2011

                                       Rates            Fringes

Carpenters:
     Carpenters; Hardwood Floor
     Layers; Patent Scaffold
     Erectors (14 ft. and
     over); Piledrivers;
     Pneumatic Nailers; Wood
     Shinglers and Transit
     and/or Layout Man...........$ 38.00            19.62
     Millwrights and Machine
     Erectors....................$ 38.25            19.62
     Power Saw Operators (2
     h.p. and over)..............$ 38.15            19.62
----------------------------------------------------------------
 CARP0745-002 08/29/2011

                                       Rates            Fringes

Drywall and Acoustical
Workers and Lathers..............$ 38.25            19.62
----------------------------------------------------------------
 ELEC1186-001 02/19/2012

                                       Rates            Fringes

Electricians:
     Cable Splicers..............$ 44.61            26.22
     Electricians................$ 40.55            24.99
     Telecommunication worker....$ 23.20         17%+6.35
----------------------------------------------------------------
 ELEC1186-002 02/19/2012

                                       Rates            Fringes

Line Construction:
     Cable Splicers..............$ 44.61            26.22
     Groundmen/Truck Drivers.....$ 30.41            21.89
     Heavy Equipment Operators...$ 36.50            23.75
     Linemen.....................$ 40.55            24.99
     Telecommunication worker....$ 23.20        17%+$6.35
----------------------------------------------------------------
 ELEV0126-001 01/01/2012

                                       Rates            Fringes

ELEVATOR MECHANIC................$ 50.63               23.535+a+b




http://www.wdol.gov/wdol/scafiles/davisbacon/HI1.dvb                  4/25/2012
                                                                   Page 3 of 19




  a. VACATION: Employer contributes 8% of basic hourly rate for
  5 years service and 6% of basic hourly rate for 6 months to
  5 years service as vacation pay credit.

  b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence
  Day, Labor Day, Veterans' Day, Thanksgiving Day, the Friday
  after Thanksgiving Day and Christmas Day.
----------------------------------------------------------------
 ENGI0003-002 08/29/2011

                                       Rates           Fringes

Diver (Aqua Lung) (Scuba)
     Diver (Aqua Lung) (Scuba)
     (over a depth of 30 feet)...$      58.75            23.94
     Diver (Aqua Lung) (Scuba)
     (up to a depth of 30 feet)..$      49.38            23.94
     Stand-by Diver (Aqua Lung)
      (Scuba)....................$      40.00            23.94
Diver (Other than Aqua Lung)
     Diver (Other than Aqua
     Lung).......................$      58.75            23.94
     Diver Tender (Other than
     Aqua Lung)..................$      36.97            23.94
     Stand-by Diver (Other than
     Aqua Lung)..................$      40.00            23.94
Helicopter Work
     Airborne Hoist Operator
     for Helicopter..............$      38.55            23.94
     Co-Pilot of Helicopter......$      38.69            23.94
     Pilot of Helicopter.........$      38.86            23.94
Power equipment operator -
tunnel work
     GROUP 1....................$       34.99            23.94
     GROUP 2....................$       35.10            23.94
     GROUP 3....................$       35.27            23.94
     GROUP 4....................$       35.54            23.94
     GROUP 5....................$       35.85            23.94
     GROUP 6....................$       36.50            23.94
     GROUP 7....................$       36.82            23.94
     GROUP 8....................$       36.93            23.94
     GROUP 9....................$       37.04            23.94
     GROUP 9A...................$       37.27            23.94
     GROUP 10....................$      37.33            23.94
     GROUP 10A...................$      37.48            23.94
     GROUP 11....................$      37.63            23.94
     GROUP 12....................$      37.99            23.94
     GROUP 12A...................$      38.35            23.94
Power equipment operators:
     GROUP 1....................$       34.69            23.94
     GROUP 2....................$       34.80            23.94
     GROUP 3....................$       34.97            23.94
     GROUP 4....................$       35.24            23.94
     GROUP 5....................$       35.55            23.94
     GROUP 6....................$       36.20            23.94
     GROUP 7....................$       36.52            23.94
     GROUP 8....................$       36.63            23.94
     GROUP 9....................$       36.74            23.94
     GROUP 9A...................$       36.97            23.94




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     GROUP   10....................$    37.03          23.94
     GROUP   10A...................$    37.18          23.94
     GROUP   11....................$    37.33          23.94
     GROUP   12....................$    37.69          23.94
     GROUP   12A...................$    38.05          23.94
     GROUP   13....................$    34.97          23.94
     GROUP   13A...................$    35.24          23.94
     GROUP   13B...................$    35.55          23.94
     GROUP   13C...................$    36.20          23.94
     GROUP   13D...................$    36.52          23.94
     GROUP   13E...................$    36.63          23.94

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

  GROUP 1: Fork Lift (up to and including 10 tons); Partsman
  (heavy duty repair shop parts room when needed).

  GROUP 2: Conveyor Operator (Handling building material);
  Hydraulic Monitor; Mixer Box Operator (Concrete Plant).

  GROUP 3: Brakeman; Deckhand; Fireman; Oiler;
  Oiler/Gradechecker; Signalman; Switchman; Highline Cableway
  Signalman; Bargeman; Bunkerman; Concrete Curing Machine
  (self-propelled, automatically applied unit on streets,
  highways, airports and canals); Leveeman; Roller (5 tons
  and under); Tugger Hoist.

  GROUP 4: Boom Truck or dual purpose "A" Frame Truck (5 tons
  or less); Concrete Placing Boom (Building Construction);
  Dinky Operator; Elevator Operator; Hoist and/or Winch (one
  drum); Straddle Truck (Ross Carrier, Hyster and similar).

  GROUP 5: Asphalt Plant Fireman; Compressors, Pumps,
  Generators and Welding Machines ("Bank" of 9 or more,
  individually or collectively); Concrete Pumps or Pumpcrete
  Guns; Lubrication and Service Engineer (Grease Rack);
  Screedman.

  GROUP 6: Boom Truck or Dual Purpose "A"Frame Truck (over 5
  tons); Combination Loader/Backhoe (up to and including 3/4
  cu. yd.); Concrete Batch Plants (wet or dry); Concrete
  Cutter, Groover and/or Grinder (self-propelled unit on
  streets, highways, airports, and canals); Conveyor or
  Concrete Pump (Truck or Equipment Mounted); Drilling
  Machinery (not to apply to waterliners, wagon drills or
  jack hammers); Fork Lift (over 10 tons); Loader (up to and
  including 3 and 1/2 cu. yds); Lull High Lift (under 40
  feet); Lubrication and Service Engineer (Mobile); Maginnis
  Internal Full Slab Vibrator (on airports, highways, canals
  and warehouses); Man or Material Hoist; Mechanical Concrete
  Finisher (Large Clary, Johnson Bidwell, Bridge Deck and
  similar); Mobile Truck Crane Driver; Portable Shotblast
  Concrete Cleaning Machine; Portable Boring Machine (under
  streets, highways, etc.); Portable Crusher; Power Jumbo
  Operator (setting slip forms, etc., in tunnels); Rollers
  (over 5 tons); Self-propelled Compactor (single engine);
  Self-propelled Pavement Breaker; Skidsteer Loader with
  attachments; Slip Form Pumps (Power driven by hydraulic,
  electric, air, gas, etc., lifting device for concrete
  forms); Small Rubber Tired Tractors; Trencher (up to and




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  including 6 feet); Underbridge Personnel Aerial Platform
  (50 feet of platform or less).

  GROUP 7: Crusher Plant Engineer, Dozer (D-4, Case 450, John
  Deere 450, and similar); Dual Drum Mixer, Extend Lift;
  Hoist and/or Winch (2 drums); Loader (over 3 and 1/2 cu.
  yds. up to and including 6 yards.); Mechanical Finisher or
  Spreader Machine (asphalt), (Barber Greene and similar)
  (Screedman required); Mine or Shaft Hoist; Mobile Concrete
  Mixer (over 5 tons); Pipe Bending Machine (pipelines only);
  Pipe Cleaning Machine (tractor propelled and supported);
  Pipe Wrapping Machine (tractor propelled and supported);
  Roller Operator (Asphalt); Self-Propelled Elevating Grade
  Plane; Slusher Operator; Tractor (with boom) (D-6, or
  similar); Trencher (over 6 feet and less than 200 h.p.);
  Water Tanker (pulled by Euclids, T-Pulls, DW-10, 20 or 21,
  or similar); Winchman (Stern Winch on Dredge).

  GROUP 8: Asphalt Plant Operator; Barge Mate (Seagoing);
  Cast-in-Place Pipe Laying Machine; Concrete Batch Plant
  (multiple units); Conveyor Operator (tunnel); Deckmate;
  Dozer (D-6 and similar); Finishing Machine Operator
  (airports and highways); Gradesetter; Kolman Loader (and
  similar); Mucking Machine (Crawler-type); Mucking Machine
  (Conveyor-type); No-Joint Pipe Laying Machine; Portable
  Crushing and Screening Plant; Power Blade Operator (under
  12); Saurman Type Dragline (up to and including 5 yds.);
  Stationary Pipe Wrapping, Cleaning and Bending Machine;
  Surface Heater and Planer Operator, Tractor (D-6 and
  similar); Tri-Batch Paver; Tunnel Badger; Tunnel Mole
  and/or Boring Machine Operator Underbridge Personnel Aerial
  Platform (over 50 feet of platform).

  GROUP 9: Combination Mixer and Compressor (gunite); Do-Mor
  Loaderand Adams Elegrader; Dozer (D-7 or equal); Wheel
  and/or Ladder Trencher (over 6 feet and 200 to 749 h.p.).

  GROUP 9A: Dozer (D-8 and similar); Gradesetter (when required
  by the Contractor to work from drawings, plans or
  specifications without the direct supervision of a foreman
  or superintendent); Push Cat; Scrapers (up to and including
  20 cu. yds); Self-propelled Compactor with Dozer;
  Self-Propelled, Rubber-Tired Earthmoving Equipment (up to
  and including 20 cu. yds) (621 Band and similar); Sheep's
  Foot; Tractor (D-8 and similar); Tractors with boom (larger
  than D-6, and similar).

  GROUP 10: Chicago Boom; Cold Planers; Heavy Duty Repairman or
  Welder; Hoist and/or Winch (3 drums); Hydraulic Skooper
  (Koehring and similar); Loader (over 6 cu. yds. up to and
  including 12 cu. yds.); Saurman type Dragline (over 5 cu.
  yds.); Self-propelled, rubber-tired Earthmoving Equipment
  (over 20 cu. yds. up to and including 31 cu. yds.) (637D
  and similar); Soil Stabilizer (P & H or equal); Sub-Grader
  (Gurries or other automatic type); Tractors (D-9 or
  equivalent, all attachments); Tractor (Tandem Scraper);
  Watch Engineer.

  GROUP 10A: Boat Operator; Cable-operated Crawler Crane (up to
  and including 25 tons); Cable-operated Power Shovel,




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  Clamshell, Dragline and Backhoe (up to and including 1 cu.
  yd.); Dozer D9-L; Dozer (D-10, HD41 and similar) (all
  attachments); Gradall (up to and including 1 cu. yd.);
  Hydraulic Backhoe (over 3/4 cu. yds. up to and including 2
  cu. yds.); Mobile Truck Crane Operator (up to and including
  25 tons) (Mobile Truck Crane Driver Required);
  Self-propelled Boom Type Lifting Device (Center Mount) (up
  to and including 25 tons) (Grove, Drott, P&H, Pettibone and
  similar; Trencher (over 6 feet and 750 h.p. or more); Watch
  Engineer (steam or electric).

  GROUP 11: Automatic Slip Form Paver (concrete or asphalt);
  Band Wagon (in conjunction with Wheel Excavator);
  Cable-operated Crawler Cranes (over 25 tons but less than
  50 tons); Cable-operated Power Shovel, Clamshell, Dragline
  and Backhoe (over 1 cu. yd. up to 7 cu. yds.); Gradall
  (over 1 cu. yds. up to 7 cu. yds.); DW-10, 20, etc.
  (Tandem); Earthmoving Machines (multiple propulsion power
  units and 2 or more Scrapers) (up to and including 35 cu.
  yds.," struck" m.r.c.); Highline Cableway; Hydraulic
  Backhoe (over 2 cu. yds. up to and including 4 cu. yds.);
  Leverman; Lift Slab Machine; Loader (over 12 cu. yds);
  Master Boat Operator; Mobile Truck Crane Operator (over 25
  tons but less than 50 tons); (Mobile Truck Crane Driver
  required); Pre-stress Wire Wrapping Machine; Self-propelled
  Boom-type Lifting Device (Center Mount) (over 25 tons
  m.r.c); Self-propelled Compactor (with multiple-propulsion
  power units); Single Engine Rubber Tired Earthmoving
  Machine (with Tandem Scraper); Tandem Cats; Trencher
  (pulling attached shield).

  GROUP 12: Clamshell or Dipper Operator; Derricks; Drill Rigs;
  Multi-Propulsion Earthmoving Machines (2 or more Scrapers)
  (over 35 cu. yds "struck"m.r.c.); Operators (Derricks,
  Piledrivers and Cranes); Power Shovels and Draglines (7 cu.
  yds. m.r.c. and over); Self-propelled rubber-tired
  Earthmoving equipment (over 31 cu. yds.) (657B and
  similar); Wheel Excavator (up to and including 750 cu. yds.
  per hour); Wheel Excavator (over 750 cu. yds. per hour).

  GROUP 12A: Dozer (D-11 or similar or larger); Hydraulic
  Excavators (over 4 cu. yds.); Lifting cranes (50 tons and
  over); Pioneering Dozer/Backhoe (initial clearing and
  excavation for the purpose of providing access for other
  equipment where the terrain worked involves 1-to-1 slopes
  that are 50 feet in height or depth, the scope of this work
  does not include normal clearing and grubbing on usual
  hilly terrain nor the excavation work once the access is
  provided); Power Blade Operator (Cat 12 or equivalent or
  over); Straddle Lifts (over 50 tons); Tower Crane, Mobile;
  Traveling Truss Cranes; Universal, Liebher, Linden, and
  similar types of Tower Cranes (in the erection,
  dismantling, and moving of equipment there shall be an
  additional Operating Engineer or Heavy Duty Repairman);
  Yo-Yo Cat or Dozer.

GROUP 13: Truck Driver (Utility, Flatbed, etc.)

  GROUP 13A: Dump Truck, 8 cu.yds. and under (water level);
  Water Truck (up to and including 2,000 gallons).




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  GROUP 13B: Water Truck (over 2,000 gallons); Tandem Dump
  Truck, over 8 cu. yds. (water level).

  GROUP 13C: Truck Driver (Semi-trailer. Rock Cans, Semi-Dump
  or Roll-Offs).

GROUP 13D: Truck Driver (Slip-In or Pup).

  GROUP 13E: End Dumps, Unlicensed (Euclid, Mack, Caterpillar
  or similar); Tractor Trailer (Hauling Equipment); Tandem
  Trucks hooked up to Trailer (Hauling Equipment)


BOOMS AND/OR LEADS (HOURLY PREMIUMS):

  The Operator of a crane (under 50 tons) with a boom of 80
  feet or more (including jib), or of a crane (under 50 tons)
  with leads of 100 feet or more, shall receive a per hour
  premium for each hour worked on said crane (under 50 tons)
  in accordance with the following schedule:

Booms of 80 feet up to but
 not including 130 feet or
 Leads of 100 feet up to but
 not including 130 feet                          0.50
Booms and/or Leads of 130 feet
 up to but not including 180 feet                0.75
Booms and/or Leads of 180 feet up
 to and including 250 feet                       1.15
Booms and/or Leads over 250 feet                 1.50

  The Operator of a crane (50 tons and over) with a boom of 180
  feet or more (including jib) shall receive a per hour
  premium for each hour worked on said crane (50 tons and
  over) in accordance with the following schedule:

Booms of 180 feet up to
 and including 250 feet                    1.25
Booms over 250 feet                        1.75
----------------------------------------------------------------
 ENGI0003-004 08/29/2011

                                       Rates            Fringes

Dredging: (Boat Operators)
     Boat Deckhand...............$      34.97             23.94
     Boat Operator...............$      37.18             23.94
     Master Boat Operator........$      37.33             23.94
Dredging: (Clamshell or
Dipper Dredging)
     GROUP 1.....................$      37.69             23.94
     GROUP 2.....................$      37.03             23.94
     GROUP 3.....................$      36.63             23.94
     GROUP 4.....................$      34.97             23.94
Dredging: (Derricks)
     GROUP 1.....................$      37.69             23.94
     GROUP 2.....................$      37.03             23.94
     GROUP 3.....................$      36.63             23.94
     GROUP 4.....................$      34.97             23.94




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Dredging: (Hydraulic Suction
Dredges)
     GROUP 1.....................$      37.33            23.94
     GROUP 2.....................$      37.18            23.94
     GROUP 3.....................$      37.03            23.94
     GROUP 4.....................$      36.97            23.94
     Group 5.....................$      36.63            23.94
     Group 6.....................$      36.52            23.94
     Group 7.....................$      34.97            23.94

CLAMSHELL OR DIPPER DREDGING CLASSIFICATIONS

GROUP   1:   Clamshell or Dipper Operator.
GROUP   2:   Mechanic or Welder; Watch Engineer.
GROUP   3:   Barge Mate; Deckmate.
GROUP   4:   Bargeman; Deckhand; Fireman; Oiler.

HYDRAULIC SUCTION DREDGING CLASSIFICATIONS

GROUP 1: Leverman.
GROUP 2: Watch Engineer (steam or electric).
GROUP 3: Mechanic or Welder.
GROUP 4: Dozer Operator.
GROUP 5: Deckmate.
GROUP 6: Winchman (Stern Winch on Dredge)
  GROUP 7: Deckhand (can operate anchor scow under direction of
  Deckmate); Fireman; Leveeman; Oiler.

DERRICK CLASSIFICATIONS

GROUP 1: Operators (Derricks, Piledrivers and Cranes).
GROUP 2: Saurman Type Dragline (over 5 cubic yards).
  GROUP 3: Deckmate; Saurman Type Dragline (up to and
  including 5 yards).
GROUP 4: Deckhand, Fireman, Oiler.
----------------------------------------------------------------
 ENGI0003-044 08/29/2011

                                       Rates           Fringes

Power Equipment Operators
(PAVING)
     (10) Cold Planer............$      37.40            25.33
     (10)Loader (2 1/2 cu. yds.
     and under)..................$      36.57            25.33
     (10)Soil Stabilizer.........$      37.40            25.33
     (11)Loader (over 2 1/2 cu.
     yds. to and including 5
     cu. yds.)...................$      36.89            25.33
     (3)Roller Operator (five
     tons and under).............$      35.34            25.33
     (5)Screed Person............$      36.57            25.33
     (6)Combination
     Loader/Backhoe (up to 3/4
     cu.yd.).....................$      34.63            25.33
     (6)Concrete Saws and/or
     Grinder (self-propelled
     unit on streets, highways,
     airports and canals)........$      36.57            25.33
     (6)Roller Operator (over




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     five tons)..................$ 36.77            25.33
     (7)Combination
     Loader/Backhoe (over 3/4
     cu.yd.).....................$ 35.61            25.33
     (8) Asphalt Plant Operator..$ 37.00            25.33
     Asphalt Concrete Material
     Transfer....................$ 36.57            25.33
     Asphalt Raker...............$ 35.61            25.33
     Asphalt Spreader Operator...$ 37.09            25.33
     Grader......................$ 37.40            25.33
     Laborer, Hand Roller........$ 32.84            25.33
----------------------------------------------------------------
 IRON0625-001 09/01/2011

                                       Rates           Fringes

Ironworkers:.....................$ 33.75            28.01
  a. Employees will be paid $.50 per hour more while working in
  tunnels and coffer dams; $1.00 per hour more when required to
  work under or are covered with water (submerged) and when they
  are required to work on the summit of Mauna Kea, Mauna Loa or
  Haleakala.
----------------------------------------------------------------
 LABO0368-001 08/29/2011

                                       Rates           Fringes

Laborers:
     Driller.....................$      31.30            15.91
     Final Clean Up..............$      21.70            11.47
     Gunite Operator & High
     Scaler......................$      30.80            15.91
     Laborer I...................$      30.30            15.91
     Laborer II..................$      27.70            15.91
     Powderman...................$      31.30            15.91
     Window Washer (bosun chair).$      29.80            15.91

LABORERS CLASSIFICATIONS

  Laborer I: Asbestos Removal Worker (EPA certified workers);
  Asphalt Laborer, Ironer, Raker, Luteman, and Handroller,
  and all types of Asphalt Spreader Boxes; Asphalt Shoveler;
  Assembly and Installation of Multiplates, Liner Plates,
  Rings, Mesh, Mats; Batching Plant (portable and temporary);
  Boring Machine Operator (under streets and sidewalks);
  Buggymobile; Burning, Welding, Signalling, Choke Setting,
  and Rigging in connection with Laborers' work (except
  demolition); Chainsaw, Faller, Logloader, and Bucker;
  Compactors (Jackson Jumping Jack and similar); Concrete
  Bucket Dumpman; Concrete Chipping; Concrete
  Chuteman/Hoseman (pouring concrete) (the handling of the
  chute from ready-mix trucks for such jobs as walls, slabs,
  decks, floors, foundations, footings, curbs, gutters, and
  sidewalks); Concrete Core Cutter (Walls, Floors, and
  Ceiling); Concrete Grinding or Sanding; Concrete: Hooking
  on, signaling, dumping of concrete for treme work over
  water on caissons, pilings, abutments, etc.; Concrete:
  Mixing, handling, conveying, pouring, vibrating, otherwise
  placing of concrete or aggregates or by any other process;
  Concrete: Operation of motorized wheelbarrows or buggies or




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  machines of similar character, whether run by gas, diesel,
  or electric power; Concrete Placement Machine Operator:
  operation of Somero Hammerhead, Copperheads, or similar
  machines; Concrete Pump Machine (laying, coupling,
  uncoupling of all connections and cleaning of equipment);
  Concrete and/or Asphalt Saw (Walking or Handtype) (cutting
  walls or flatwork) (scoring old or new concrete and/or
  asphalt) (cutting for expansion joints) (streets and ways
  for laying of pipe, cable or conduit for all purposes);
  Concrete Shovelers/Laborers (Wet or Dry); Concrete
  Screeding for Rough Strike-Off: Rodding or striking-off, by
  hand or mechanical means prior to finishing; Concrete
  Vibrator Operator; Coring Holes: Walls, footings, piers or
  other obstructions for passage of pipes or conduits for any
  purpose and the pouring of concrete to secure the hole;
  Curbing (Concrete and Asphalt); Curing of Concrete
  (impervious membrane and form oiler) mortar and other
  materials by any mode or method; Cut Granite Curb Setter
  (setting, leveling and grouting of all precast concrete or
  stone curbs); Cutting and Burning Torch (demolition); Dri
  Pak-It Machine; Falling, bucking, yarding, loading or
  burning of all trees or timber on construction site;
  Forklift (9 ft. and under); Grating and Grill work for
  drains or other purposes; Green Cutter of concrete or
  aggregate in any form, by hand, mechanical means,
  grindstone or air and/or water; Grout: Spreading for any
  purpose; Guinea Chaser (Grade Checker) for general utility
  trenches, sitework, and excavation; Headerboard Man
  (Asphalt or Concrete); Heat Welder of Plastic (Laborers'
  AGC certified workers) (when work involves waterproofing
  for waterponds, artificial lakes and reservoir, or heat
  welding for sewer pipes); Heavy Highway Laborer (Rigging,
  signaling, handling, and installation of pre-cast catch
  basins, manholes, curbs and gutters); High Pressure
  Nozzleman - Hydraulic Monitor (over 100# pressure);
  Installation of lightweight backfill; Jackhammer Operator;
  Jacking of slip forms: All semi and unskilled work
  connected therewithin; Laying of all multi-cell conduit or
  multi-purpose pipe; Lead base paint abatement laborers (EPA
  certified workers); Magnesite and Mastic Workers (Wet or
  Dry)(including mixer operator); Mason Tender,Mortar Man;
  Mortar Mixer (Block, Brick, Masonry, and Plastering);
  Nozzleman (Sandblasting and/or Water Blasting): handling,
  placing and opertion of nozzle; Operation, Manual or
  Hydraulic jacking of shields and the use of such other
  mechanical equipment as may be necessary; Pavement
  Breakers; Paving, curbing and surfacing of streets, ways,
  courts, under and overpasses, bridges, approaches, slope
  walls, and all other labor connected therewith;
  Pilecutters; Pipe Accessment in place, bolting and lining
  up of sectional metal or other pipe including corrugated
  pipe; Pipelayer performing all services in the laying and
  installation of pipe from the point of receiving pipe in
  the ditch until completion of operation, including any and
  all forms of tubular material, whether pipe, metallic or
  non-metallic, conduit, and any other stationary-type of
  tubular device used for conveying of any substance or
  element, whether water, sewage, solid, gas, air, or other
  product whatsoever and without regard to the nature of
  material from which tubular material is fabricated;




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  No-joint pipe and stripping of same, Pipewrapper, Caulker,
  Bander, Kettlemen, and men applying asphalt, Laykold,
  treating Creosote and similar-type materials (6-inch) pipe
  and over); Piping: resurfacing and paving of all ditches in
  preparation for laying of all pipes; Pipe laying of lateral
  sewer pipe from main or side sewer to buildings or
  structure (except Contactor may direct work be done under
  proper supervision); Pipe laying, leveling and marking of
  the joint used for main or side sewers and storm sewers;
  Laying of all clay, terra cotta, ironstone, vitrified
  concrete or other pipe for drainage; Placing and setting of
  water mains, gas mains and all pipe including removal of
  skids; Plaster Mortar Mixer/Pump; Pneumatic Impact Wrench;
  Portable Sawmill Operation: Choker setters, off bearers,
  and lumber handlers connected with clearing; Posthole
  Digger (Hand Held, Gas, Air and Electric); Power Broom
  Sweepers (Small); Preparation and Compaction of roadbeds
  for railroad track laying, highway construction, and the
  preparation of trenches, footings, etc., for cross-country
  transmission by pipelines, electrical transmission or
  underground lines or cables (by mechanical means); Raising
  of structure by manual or hydraulic jacks or other methods
  and resetting of structure in new locations, including all
  concrete work; Ramming or compaction; Riprap, Stonepaver,
  and Rock Slinger (includes placement of stacked concrete,
  wet or dry and loading, unloading, signaling, slinging and
  setting of other similar materials); Rotary Scarifier
  (including multiple head concrete chipping Scarifier);
  Salamander Heater, Drying of plaster, concrete mortar or
  other aggregate; Scaffold Erector Leadman; Scaffolds:
  (Swing and hanging) including maintenance thereof; Scaler;
  Septic Tank/Cesspool and Drain Fields Digger and Installer;
  Shredder/Chipper (tree branches, brush, etc.); Stripping
  and Setting Forms; Stripping of Forms: Other than panel
  forms which are to be re-used in their original form, and
  stripping of forms on all flat arch work; Tampers (Barko,
  Wacker, and similar type); Tank Scaler and Cleaners;
  Tarman; Tree Climbers and Trimmers; Trencher (includes
  hand-held, Davis T-66 and similar type); Trucks (flatbed up
  to and including 2 1/2 tons when used in connection with
  on-site Laborers'work; Trucks (Refuse and Garbage Disposal)
  (from job site to dump); Vibra-Screed (Bull Float in
  connection with Laborers' work); Well Points, Installation
  of or any other dewatering system.

  Laborer II: Air Blasting; Appliance Handling (job site)
  (after delivery and unloading in storage area); Asphalt
  Plant Laborer; Backfilling, Grading and all other labor
  connected therewith; Boring Machine; Bridge Laborer;
  Burning of all debris (crates, boxes, packaging waste
  materials); Chainman, Rodmen, and Grade Markers; Cleaning
  and Clearing of all debris; Cleaning, clearing, grading
  and/or removal for streets, highways, roadways, aprons,
  runways, sidewalks, parking areas, airports, approaches,
  and other similar installations; Cleaning or reconditioning
  of streets, ways, sewers and waterlines, all maintenance
  work and work of an unskilled and semi-skilled nature;
  Cleanup of Grounds and Buildings (other than "Light
  Clean-Up") (Janitorial Laborer); Clean-up of right-of-way;
  Clearing and slashing of brush or trees by hand or




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  mechanical cutting; Concrete Bucket Tender (Groundman)
  hooking and unhooking of bucket; Concrete Forms; moving,
  cleaning, oiling and carrying to the next point of erection
  of all forms; Concrete Products Plant Laborers; Conveyor
  Tender (conveying of building materials); Cribbers,
  Shorer, Lagging, Sheeting, and Trench Jacking and Bracing,
  Hand-Guided Lagging Hammer Whaling Bracing; Crushed Stone
  Yards and Gravel and Sand Pit Laborers and all other
  similar plants; Demolition, Wrecking and Salvage Laborers:
  Wrecking and dismantling of buildings and all structures,
  with use of cutting or wrecking tools, burning or cutting,
  breaking away, cleaning and removal of all masonry, wood or
  metal fixtures for salvage or scrap, All hooking,
  unhooking, signaling of materials for salvage or scrap
  removed by crane or derrick; Digging under streets,
  roadways, aprons or other paved surfaces; Chuck Tender,
  Outside Nipper; Dry-packing of concrete (plugging and
  filling of she-bolt holes); Excavation, Preparation of
  street ways and bridges; Fence and/or Guardrail Erector:
  Dismantling and/or re-installation of all fence;
  Finegrader; Firewatcher; Flagman (Coning, preparing,
  stablishing and removing portable roadway barricade
  devices); Signal Men on all construction work defined
  herein, including Traffic Control Signal Men at
  construction site; Garbage and Debris Handlers and
  Cleaners; Gas, Pneumatic, and Electric Tools, not listed
  Group 1 (except Rototiller); General Clean-up: sweeeping,
  cleaning, washdown, wiping of construction facility, and
  equipment (other than "Light Clean-up" [Janitorial]
  Laborer); General Excavation and Grading (all labor
  connected therewith); Digging of trenches, ditches and
  manholes and the leveling, grading and other preparation
  prior to laying pipe or conduit for any purpose;
  Excavations and foundations for buildings, piers,
  foundations and holes, and all other construction; General
  Laborer; Ground and Soil Treatment Work (Pest Control);
  Junk Yard Laborers (same as Salvage Yard); Landscape
  Nursery Laborers; Laser Beam "Target Man" in connection
  with Laborers' work; Layout Person for Plastic (when work
  involves waterproofing for waterponds, artificial lakes and
  reservoirs); Limbers, Brush Loaders, and Pilers; Loading,
  Unloading, carrying, distributing and handling of all rods
  and material for use in reinforcing concrete construction
  (except when a derrick or outrigger operated by other than
  hand power is used); Loading, unloading, sorting,
  stockpiling, handling and distribution of water mains, gas
  mains and all pipes; Loading and unloading of all
  materials, fixtures, furnishings and appliances from point
  of delivery to stockkpile to point of installation; hooking
  and signalling from truck, conveyance or stockpile;
  Material Yard Laborers; Pipelayer Tender; Pipewrapper,
  Caulker, Bander, Kettlemen, and men applying asphalt,
  Laykold, Creosote, and similar-type materials (pipe under 6
  inches); Plasterer Laborer (including Hod Carrier);
  Preparation, construction and maintenance of roadbeds and
  sub-grade for all paving, including excavation, dumping,
  and spreading of sub-grade material; Prestressed or precast
  concrete slabs, walls, or sections: all loading, unloading,
  stockpiling, hooking on of such slabs, walls or sections;
  Quarry Laborers; Railroad, Streetcar, and Rail Transit




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  Maintenance and Repair; Removal of surplus material;
  Roustabout; Rubbish Trucks in connection with Building
  Construction Projects (excluding clearing, grubbing, and
  excavating); Salvage Yard: All work connected with cutting,
  cleaning, storing, stockpiling or handling of materials,
  all cleanup, removal of debris, burning, back-filling and
  landscaping of the site; Sandblasting (Pot Tender): Hoses
  and pots or markers; Scaffolds: Erection, planking and
  removal of all scaffolds used for support for lathers,
  plasters, brick layers, masons, and other construction
  trades crafts; Scaffolds: (Specially designed by
  carpenters) laborers shall tend said carpenter on erection
  and dismantling thereof, preparation for foundation or
  mudsills, maintenance; Scraping of floors; Screeds:
  Handling of all screeds to be reused; handling, dismantling
  and conveyance of screeds; Setting, leveling and securing
  or bracing of metal or other road forms and expansion
  joints; Sheeting Piling/trench shoring (handling and
  placing of skip sheet or wood plank trench shoring); Ship
  Scalers; Sign Erector (subdivision traffic, regulatory, and
  street-name signs); Sloper; Slurry Seal Crews (Mixer
  Operator, Applicator, Squeegee Man, Shuttle Man, Top Man);
  Snapping of wall ties and removal of tie rods; Soil Test
  operations of semi and unskilled labor such as filling sand
  bags; Striper (Asphalt, Concrete or other Paved Surfaces);
  Tagging and Signaling of all building materials into
  high-rise units; Tool Room Attendant (Job Site); Traffic
  Delineating Device Applicator; Underpinning, lagging,
  bracing, propping and shoring, loading, signaling,
  right-of-way clearance along the route of movement, The
  clearance of new site, excavation of foundation when moving
  a house or structure from old site to new site; Utilities
  employees; Water Man; Waterscape/Hardscape Laborers; Wire
  Mesh Pulling (all concrete pouring operations); Wrecking,
  stripping, dismantling and handling concrete forms an false
  work.
----------------------------------------------------------------
 LABO0368-002 08/29/2011

                                       Rates           Fringes

Landscape & Irrigation
Laborers
     GROUP 1.....................$ 21.70                  8.52
     GROUP 2.....................$ 22.20                  8.52
     GROUP 3.....................$ 18.20                  8.52

LABORERS CLASSIFICATIONS

  GROUP 1: Installation of non-potable permanent or temporary
  irrigation water systems performed for the purposes of
  Landscaping and Irrigation architectural horticultural
  work; the installation of drinking fountains and permanent
  or temporary irrigation systems using potable water for
  Landscaping and Irrigation architectural horticultural
  purposes only. This work includes (a) the installation of
  all heads, risers, valves, valve boxes, vacuum breakers
  (pressure and non-pressure), low voltage electrical lines
  and, provided such work involves electrical wiring that
  will carry 24 volts or less, the installation of sensors,




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  master control panels, display boards, junction boxes,
  conductors, including all other components for controllers,
  (b) and metallic (copper, brass, galvanized, or similar)
  pipe, as well as PVC or other plastic pipe including all
  work incidental thereto, i.e., unloading, handling and
  distribution of all pipes fittings, tools, materials and
  equipment, (c) all soldering work in connection with the
  above whether done by torch, soldering iron, or other
  means; (d) tie-in to main lines, thrust blocks (both
  precast and poured in place), pipe hangers and supports
  incidental to installation of the entire irrigation system,
  (e) making of pressure tests, start-up testing, flushing,
  purging, water balancing, placing into operation all
  irrigation equipment, fixtures and appurtenances installed
  under this agreement, and (f) the fabrication, replacement,
  repair and servicing oflandscaping and irrigation systems.
  Operation of hand-held gas, air, electric, or self-powered
  tools and equipment used in the performance of Landscape
  and Irrigation work in connection with architectural
  horticulture; Choke-setting, signaling, and rigging for
  equipment operators on job-site in the performance of such
  Landscaping and Irrigation work; Concrete work (wet or dry)
  performed in connection with such Landscaping and
  Irrigation work. This work shall also include the setting
  of rock, stone, or riprap in connection with such
  Landscape, Waterscape, Rockscape, and Irrigation work;
  Grubbing, pick and shovel excavation, and hand rolling or
  tamping in connection with the performance of such
  Landscaping and Irrigation work; Sprigging, handseeding,
  and planting of trees, shrubs, ground covers, and other
  plantings and the performance of all types of gardening and
  horticultural work relating to said planting; Operation of
  flat bed trucks (up to and including 2 1/2 tons).:

  GROUP 2. Layout of irrigation and other non-potable
  irrigation water systems and the layout of drinking
  fountains and other potable irrigation water systems in
  connection with such Landscaping and Irrigation work. This
  includes the layout of all heads, risers, valves, valve
  boxes, vacuum breakers, low voltage electrical lines,
  hydraulic and electrical controllers, and metallic
  (coppers, brass, galvanized, or similar) pipe, as well as
  PVC or other plastic pipe. This work also includes the
  reading and interpretation of plans and specifications in
  connection with the layout of Landscaping, Rockscape,
  Waterscape, and Irrigation work; Operation of
  Hydro-Mulching machines (sprayman and driver), Drillers,
  Trenchers (riding type, Davis T-66, and similar) and fork
  lifts used in connection with the performance of such
  Landscaping and Irrigation work; Tree climbers and chain
  saw tree trimmers, Sporadic operation (when used in
  connection with Landscaping, Rockscape, Waterscape, and
  Irrigation work) of Skid-Steer Loaders (Bobcat and
  similar), Cranes (Bantam, Grove, and similar), Hoptos,
  Backhoes, Loaders, Rollers, and Dozers (Case, John Deere,
  and similar), Water Trucks, Trucks requiring a State of
  Hawaii Public Utilities Commission Type 5 and/or type 7
  license, sit-down type and "gang" mowers, and other
  self-propelled, sit-down operated machines not listed under
  Landscape & Irrigation Maintenance Laborer; Chemical




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  spraying using self-propelled power spraying equipment (200
  gallon capacity or more).

  GROUP 3: Maintenance of trees, shrubs, ground covers, lawns
  and other planted areas, including the replanting of trees,
  shrubs, ground covers, and other plantings that did not
  "take" or which are damaged; provided, however, that
  re-planting that requires the use of equipment, machinery,
  or power tools shall be paid for at the rate of pay
  specified under Landscape and Irrigation Laborer, Group 1;
  Raking, mowing, trimming, and runing, including the use of
  "weed eaters", hedge trimmers, vacuums, blowers, and other
  hand-held gas, air, electric, or self-powered tools, and
  the operation of lawn mowers (Note: The operation of
  sit-down type and "gang" mowers shall be paid for at the
  rate of pay specified under Landscape & Irrigation Laborer,
  Group 2); Guywiring, staking, propping, and supporting
  trees; Fertilizing, Chemical spraying using spray equipment
  with less than 200 gallon capacity, Maintaining irrigation
  and sprinkler systems, including the staking, clamping, and
  adjustment of risers, and the adjustment and/or replacement
  of sprinkler heads, (Note: the cleaning and gluing of pipe
  and fittings shall be paid for at the rate of pay specified
  under Landscape & Irrigation Laborer(Group 1); Watering by
  hand or sprinkler system and the peformance of other types
  of gardening, yardman, and horticultural-related work.
----------------------------------------------------------------
 LABO0368-003 08/29/2011

                                       Rates           Fringes

Underground Laborer
     GROUP 1.....................$      30.90            15.91
     GROUP 2.....................$      32.40            15.91
     GROUP 3.....................$      32.90            15.91
     GROUP 4.....................$      33.90            15.91
     GROUP 5.....................$      34.15            15.91
     GROUP 6.....................$      34.25            15.91
     GROUP 7.....................$      34.50            15.91

GROUP 1: Watchmen; Change House Attendant.

  GROUP 2: Swamper; Brakeman; Bull Gang-Muckers, Trackmen;
  Dumpmen (any method); Concrete Crew (includes rodding and
  spreading); Grout Crew; Reboundmen

  GROUP 3: Chucktenders and Cabletenders; Powderman (Prime
  House); Vibratorman, Pavement Breakers

  GROUP 4: Miners - Tunnel (including top and bottom man on
  shaft and raise work); Timberman, Retimberman (wood or
  steel or substitute materials thereof); Blasters, Drillers,
  Powderman (in heading); Microtunnel Laborer; Headman;
  Cherry Pickerman (where car is lifted); Nipper; Grout
  Gunmen; Grout Pumpman & Potman; Gunite, Shotcrete Gunmen &
  Potmen; Concrete Finisher (in tunnel); Concrete Screed Man;
  Bit Grinder; Steel Form Raisers & Setters; High Pressure
  Nozzleman; Nozzleman (on slick line); Sandblaster-Potman
  (combination work assignment interchangeable); Tugger




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  GROUP 5: Shaft Work & Raise (below actual or excavated ground
  level); Diamond Driller; Gunite or Shotcrete Nozzleman;
  Rodman; Groundman

  GROUP 6: Shifter

  GROUP 7: Shifter (Shaft Work & Raiser)
----------------------------------------------------------------
 PAIN1791-001 01/01/2012

                                       Rates           Fringes

Painters:
     Brush.......................$ 33.60            24.30
     Sandblaster; Spray..........$ 33.60            24.30
----------------------------------------------------------------
 PAIN1889-001 07/01/2011

                                       Rates           Fringes

Glaziers.........................$ 32.05            24.22
----------------------------------------------------------------
 PAIN1926-001 07/01/2011

                                       Rates           Fringes

Soft Floor Layers................$ 28.12            20.98
----------------------------------------------------------------
 PAIN1944-001 01/01/2012

                                       Rates           Fringes

Taper............................$ 40.00            16.90
----------------------------------------------------------------
 PLAS0630-001 08/29/2011

                                       Rates           Fringes

PLASTERER........................$ 34.69            22.62
----------------------------------------------------------------
 PLAS0630-002 08/29/2011

                                       Rates           Fringes

Cement Masons:
     Cement Masons...............$ 33.85            22.62
     Trowel Machine Operators....$ 34.00            22.62
----------------------------------------------------------------
 PLUM0675-001 01/01/2012

                                       Rates           Fringes

Plumber, Pipefitter,
Steamfitter & Sprinkler Fitter...$ 36.60            22.66
----------------------------------------------------------------
 ROOF0221-001 09/25/2011

                                       Rates           Fringes

Roofers (Including Built Up,




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Composition and Single Ply)......$ 36.10            16.13
----------------------------------------------------------------
 SHEE0293-001 08/28/2011

                                       Rates           Fringes

Sheet metal worker...............$ 34.65            21.71
----------------------------------------------------------------
  SUHI1997-002 09/15/1997

                                       Rates           Fringes

Drapery Installer................$ 13.60                  1.20

FENCE ERECTOR (Chain Link
Fence)...........................$ 9.33              1.65
----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.

================================================================


Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).


----------------------------------------------------------------


The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is union or non-union.

Union Identifiers

An identifier enclosed in dotted lines beginning with
characters other than "SU" denotes that the union
classification and rate have found to be prevailing for that
classification.     Example: PLUM0198-005 07/01/2011. The
first four letters , PLUM, indicate the international union and
the four-digit number, 0198, that follows indicates the local
union number or district council number where applicable ,
i.e., Plumbers Local 0198. The next number, 005 in the
example, is an internal number used in processing the wage
determination. The date, 07/01/2011, following these
characters is the effective date of the most current
negotiated rate/collective bargaining agreement which would be
July 1, 2011 in the above example.

Union prevailing wage rates will be updated to reflect any
changes in the collective bargaining agreements governing the
rate.




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Non-Union Identifiers

Classifications listed under an "SU" identifier were derived
from survey data by computing average rates and are not union
rates; however, the data used in computing these rates may
include both union and non-union data. Example: SULA2004-007
5/13/2010. SU indicates the rates are not union rates, LA
indicates the State of Louisiana; 2004 is the year of the
survey; and 007 is an internal number used in producing the
wage determination. A 1993 or later date, 5/13/2010, indicates
the classifications and rates under that identifier were issued
as a General Wage Determination on that date.

Survey wage rates will remain in effect and will not change
until a new survey is conducted.


----------------------------------------------------------------

                     WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can
be:

*   an existing published wage determination
*   a survey underlying a wage determination
*   a Wage and Hour Division letter setting forth a position on
    a wage determination matter
*   a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.

With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:

             Branch of Construction Wage Determinations
             Wage and Hour Division
             U.S. Department of Labor
             200 Constitution Avenue, N.W.
             Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

             Wage and Hour Administrator
             U.S. Department of Labor
             200 Constitution Avenue, N.W.
             Washington, DC 20210

The request should be accompanied by a full statement of the
interested party's position and by any information (wage




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payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:

             Administrative Review Board
             U.S. Department of Labor
             200 Constitution Avenue, N.W.
             Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

================================================================

           END OF GENERAL DECISION




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                                                                                                  W9128A-12-R-0010

                                                                                                           Page 1 of 33

Section 00800 - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT


    DB-11 DESIGN-BUILD CONTRACT - ORDER OF PRECEDENCE (AUG 1997)

    a) The contract includes the standard contract clauses and schedules current at the time of award. It entails:
    (1) the solicitation in its entirety, including all drawings, cuts and illustrations, and any amendments and (2) the
    successful Offeror’s accepted proposal. The contract constitutes and defines the entire agreement between the
    Contractor and the Government. No documentation shall be omitted which in any ways bears upon the terms of
    that agreement

b) In the event of conflict or inconsistency between any of the provisions of this contract, precedence shall be given
in the following order:

          (1) Betterments: Any portions of the accepted proposal which both conform to and exceed the provisions
of the solicitation

      (2) The provisions of the solicitation. (See also Contract Clause: SPECIFICATIONS AND DRAWINGS
FOR CONSTRUCTION.)

         (3) All other provisions of the accepted proposal

          (4) Any design products, including but not limited to plans, specifications, engineering studies and
analyses, shop drawings, equipment installation drawings, etc. These are “deliverables” under the contract and are
not part of the contract itself. Design products must conform with all provisions of the contract, in the order of
precedence herein.




CLAUSES INCORPORATED BY FULL TEXT


DB-13 KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS
(MAY 2006)

In connection with this contract, any in-house personnel, subcontractors, and outside associates or
consultants will be limited to individuals or firms that were specifically identified in the Contractor’s
accepted proposal. The Contractor shall obtain the Contracting Officer's written consent before making
any substitution for these designated in-house personnel, subcontractors, associates, or consultants. If
the Contractor proposes a substitution, it shall submit the same type of information that was submitted in
the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications
and experience submitted in the accepted proposal or that required by the Solicitation, whichever is
greater, is the minimum standard for any substitution.



CLAUSES INCORPORATED BY FULL TEXT


DB-15 SEQUENCE OF DESIGN-CONSTRUCTION (AUG 1997)
                                                                                                 W9128A-12-R-0010

                                                                                                          Page 2 of 33


* As applicable in accordance with individual task orders

(a) After receipt of the Contract Notice to Proceed (NTP) the Contractor shall initiate design, comply with all
design submission requirements as covered under Division 01 General Requirements, and obtain Government
review of each submission. No construction may be started, [Fill in if Contractor is allowed to proceed with a
portion of the Construction prior to completion of final design: with the exception of ….clearing, etc….] until the
Government reviews the Final Design submission and determines it satisfactory for purposes of beginning
construction. The ACO or COR will notify the Contractor when the design is cleared for construction. The
Government will not grant any time extension for any design resubmittal required when, in the opinion of the ACO
or COR, the initial submission failed to meet the minimum quality requirements as set forth in the Contract.

(b) If the Government allows the Contractor to proceed with limited construction based on pending minor revisions
to the reviewed Final Design submission, no payment will be made for any in-place construction related to the
pending revisions until they are completed, resubmitted and are satisfactory to the Government.

(c) No payment will be made for any in-place construction until all required submittals have been made, reviewed
and are satisfactory to the Government.




CLAUSES INCORPORATED BY FULL TEXT


DB-16 SEQUENCE OF DESIGN-CONSTRUCTION (FAST TRACK) (AUG 1997)

(a) After receipt of the Contract Notice to Proceed (NTP) the Contractor shall initiate design, comply with all
design submission requirements as covered under Division 01 General Requirements, and obtain Government
review of each submission. The Contractor may begin construction on portions of the work for which the
Government has reviewed the final design submission and has determined satisfactory for purposes of beginning
construction. The ACO or COR will notify the Contractor when the design is cleared for construction. The
Government will not grant any time extension for any design resubmittal required when, in the opinion of the ACO
or COR, the initial submission failed to meet the minimum quality requirements as set forth in the Contract.

(b) If the Government allows the Contractor to proceed with limited construction based on pending minor revisions
to the reviewed Final Design submission, no payment will be made for any in-place construction related to the
pending revisions until they are completed, resubmitted and are satisfactory to the Government.

(c) No payment will be made for any in-place construction until all required Submittals have been made, reviewed
and are satisfactory to the Government.




CLAUSES INCORPORATED BY FULL TEXT


DB-17 CONSTRUCTOR’S ROLE DURING DESIGN PROCESS (JUN 1998)

The Contractor’s construction management key personnel shall be actively involved during the design process to
effectively integrate the design and construction requirements of this contract. In addition to the typical required
construction activities, the Contractor’s involvement includes, but is not limited to actions such as: integrating the
design schedule into the Master Schedule to maximize the effectiveness of fast-tracking design and construction
(within the limits allowed in the contract), ensuring constructibility and economy of the design, integrating the shop
                                                                                                  W9128A-12-R-0010

                                                                                                           Page 3 of 33

drawing and installation drawing process into the design, executing the material and equipment acquisition programs
to meet critical schedules, effectively interfacing the construction QC program with the design QC program, and
maintaining and providing the design team with accurate, up-to-date redline and as-built documentation. The
Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.




CLAUSES INCORPORATED BY FULL TEXT


DB-18 VALUE ENGINEERING AFTER AWARD (JUN 1999)

(a) In reference to Contract Clause 52.248-3, Value Engineering-Construction, the Government may refuse to
entertain a “Value Engineering Change Proposal” (VECP) for those “performance oriented” aspects of the
Solicitation documents which were addressed in the Contractor’s accepted contract proposal and which were
evaluated in competition with other offerors for award of this contract.

(b) The Government may consider a VECP for those “prescriptive” aspects of the Solicitation documents, not
addressed in the Contractor’s accepted contract proposal or addressed but evaluated only for minimum conformance
with the Solicitation requirements.

(c) For purposes of this clause, the term “performance oriented” refers to those aspects of the design criteria or other
contract requirements which allow the Offeror or Contractor certain latitude, choice of and flexibility to propose in
its accepted contract offer a choice of design, technical approach, design solution, construction approach or other
approach to fulfill the contract requirements. Such requirements generally tend to be expressed in terms of functions
to be performed, performance required or essential physical characteristics, without dictating a specific process or
specific design solution for achieving the desired result.

(d) In contrast, for purposes of this clause, the term “prescriptive” refers to those aspects of the design criteria or
other Solicitation requirements wherein the Government expressed the design solution or other requirements in
terms of specific material, approaches, systems, and/or processes to be used. Prescriptive aspects typically allow the
Offerors little or no freedom in the choice of design approach, materials, fabrication techniques, methods of
installation, or any other approach to fulfill the contract requirements.




CLAUSES INCORPORATED BY FULL TEXT


DB-20 TRAINING (FEB 2000)

The Contractor shall provide operational and maintenance training for all systems furnished under this contract. The
training will be for the operating and maintenance personnel. The training shall be done by the system
manufacturer. The training shall not take place until the operation and maintenance manuals are submitted and
approved. The Contractor shall videotape the training session on VHS tapes and provide the tapes to the
Government.




CLAUSES INCORPORATED BY FULL TEXT
                                                                                                W9128A-12-R-0010

                                                                                                        Page 4 of 33

DB-21 WARRANTY OF DESIGN (FIRM-FIXED PRICE DESIGN-BUILD CONTRACT) – MAY                                      2002

(a) The Contractor warrants that the design shall be performed in accordance with the Contract
requirements. Design and design related construction not conforming to the Contract
requirements shall be corrected at no additional cost to the Government. The standard of care for
design is defined in paragraph (b) of Special Contract Requirement “RESPONSIBILITY OF THE
CONTRACTOR FOR DESIGN”.

(b) The period of this warranty shall commence upon final completion and the Government’s
acceptance of the work, or in the case of the Government’s beneficial occupancy of all or part of
the work for its convenience, prior to final completion and acceptance, at the time of such
occupancy.

(c) This design warranty shall be effective from the above event through the Statue of Limitations
and Statute of Repose, as applicable to the state that the project is located in.

(d) The rights and remedies of the Government provided for under this clause are in addition to
any other rights and remedies provided in this contract or by law.




CLAUSES INCORPORATED BY FULL TEXT


DB-22 DEVIATING FROM THE ACCEPTED DESIGN (JUN 2002)

(a.) The Contractor must obtain the approval of the Designer of Record and the Government’s concurrence for any
Contractor proposed revision to the professionally stamped and sealed and Government reviewed and concurred
design, before proceeding with the revision.

(b.) The Government reserves the right to non-concur with any revision to the design, which may impact furniture,
furnishings, equipment selections or operations decisions that were made, based on the reviewed and concurred
design.

(c.) Any revision to the design, which deviates from the contract requirements (i.e., the RFP and the
accepted proposal), will require a modification, pursuant to the Changes clause, in addition to
Government concurrence. The Government reserves the right to disapprove such a revision.

(d.) Unless the Government initiates a change to the contract requirements, or the Government determines that the
Government furnished design criteria are incorrect and must be revised, any Contractor initiated proposed change to
the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

(e.) The Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them
into the as-built design documentation, in accordance with agreed procedures. The Designer of Record shall
document its professional concurrence on the as-builts for any revisions in the stamped and sealed drawings and
specifications.




CLAUSES INCORPORATED BY FULL TEXT
                                                                                                  W9128A-12-R-0010

                                                                                                          Page 5 of 33

DB-24 GOVERNMENT-FURNISHED RFP DRAWINGS, SURVEYS AND SPECIFICATIONS – JUL 2002

This is to clarify that contract clause 252.236-7001, “Contract Drawings and Specifications,” refers to any
Government-furnished design or design criteria included in the Request for Proposal (RFP).




CLAUSES INCORPORATED BY FULL TEXT


DB-25 GOVERNMENT-FURNISHED SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION – JUL
2003

This is to clarify that contract clause 52.236-21, “Specifications and Drawings for Construction,” refers to any
specifications and drawings furnished in the Request for Proposal (RFP). The term “specifications” refers to the
design criteria or scope of work, in addition to any attached specifications.




CLAUSES INCORPORATED BY FULL TEXT


DB-26 GOVERNMENT RE-USE OF DESIGN (MAY 2006)

In conjunction with the Clause 252.227-7022, GOVERNMENT RIGHTS UNLIMITED, the Government will
not ask for additional originals or copies of the design works after the Contractor provides all required
design documentation and as-built documentation under the instant contract. Further, if the Government
uses the design for other projects without additional compensation to the Contractor for re-use, the
Government releases the Contractor from liability in the design on the other projects, due to defects in the
design that are not the result of fraud, gross mistake as amounts to fraud, gross negligence or intentional
misrepresentation.



CLAUSES INCORPORATED BY FULL TEXT


DB-4     RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (MAY 2002)

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all
designs, drawings, specifications, and other non-construction services furnished by the Contractor under this
contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its
designs, drawings, specifications, and other non-construction services and perform any necessary rework or
modifications, including any damage to real or personal property, resulting from the design error or omission.

(b) The standard of care for all design services performed under this agreement shall be the care and skill
ordinarily used by members of the architectural or engineering professions practicing under similar conditions at the
same time and locality. Notwithstanding the above, in the event that the contract specifies that portions of the Work
be performed in accordance with a performance standard, the design services shall be performed so as to achieve
such standards.
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(c) Neither the Government’s review, approval or acceptance of, nor payment for, the services
required under this contact shall be construed to operate as a waiver of any rights under this
contract or of any cause of action arising out of the performance of this contract. The Contractor
shall be and remain liable to the Government in accordance with applicable law for all damages to
the Government caused by the Contractor’s negligent performance of any of these services
furnished under this contract.

    (d) The rights and remedies of the Government provided for under this contract are in addition to any other
    rights and remedies provided by law.

(e) If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable
hereunder.

                                                       [End of Statement



CLAUSES INCORPORATED BY FULL TEXT


52.231-5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE
MAR 1995)--EFARS
 (a) This clause does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals and FAR Part
49.
 (b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or
controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece
of equipment or groups of similar serial and series for which the Government can determine both ownership and
operating costs from the contractor's accounting records. When both ownership and operating costs cannot be
determined for any piece of equipment or groups of similar serial or series equipment from the contractor's
accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8,
Construction Equipment Ownership and Operating Expense Schedule, Region ____. Working conditions shall be
considered to be average for determining equipment rates using the schedule unless specified otherwise by the
contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be
used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in
effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was
performed shall apply.
 (c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36. Rates
for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback
arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from
an organization under common control that has an established practice of leasing the same or similar equipment to
unaffiliated lessees.
 (d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the small
purchase threshold, the contracting officer shall request the contractor to submit either certified cost or pricing data,
or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing
Proposal Cover Sheet.
                                                      (End of clause)



CLAUSES INCORPORATED BY FULL TEXT


52.232-5000       PAYMENT FOR MATERIALS DELIVERED OFF-SITE.

PAYMENT FOR MATERIALS DELIVERED OFF-SITE (MAR 1995) — EFARS
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                                                                                                           Page 7 of 33


* As applicable in accordance with individual task orders

(a) Pursuant to FAR clause 52.232-5, Payments Under Fixed Priced Construction Contracts, materials delivered to
the contractor at locations other than the site of the work may be taken into consideration in making payments if
included in payment estimates and if all the conditions of the General Provisions are ful-filled. Payment for items
delivered to locations other
than the work site will be limited to: (1) materials required by the technical provisions; or (2) materials that have
been fabricated to the point where they are identifiable to an item of work required under this contract.

(b) Such payment will be made only after receipt of paid or receipted invoices or invoices with canceled check
showing title to the items in the prime contractor and including the value of material and labor incorporated into the
item. In addition to petroleum products, payment for materials delivered off-site is limited to the following items:
[List items for which payments will be made for off-site delivery]
                                                    (End of clause)




CLAUSES INCORPORATED BY FULL TEXT


52.232-5001       CONTINUING CONTRACTS CONTINUING CONTRACTS (MAR 1995) — EFARS

* As applicable in accordance with individual task orders

(a) This is a continuing contract, as authorized by Section 10 of the River and Harbor Act of September 22, 1922 (33
U.S. Code 621). The payment of some portion of the contract price is dependent upon reservations of funds from
future appropriations, and from future contribution to the project having one or more non-federal project sponsors.
The responsibilities of the Government are limited by this clause notwithstanding any contrary provision of the
"Payments to Contractor" clause or any other clauseof this contract.

(b) The sum of $_________ has been reserved for this contract and is available for payments to the contractor during
the current fiscal year. It is expected that Congress will make appropriations for future fiscal years from which
additional funds together with funds provided by one or more non-federal project sponsors will be reserved for this
contract.

(c) Failure to make payments in excess of the amount currently reserved, or that may be reserved from time to time,
shall not entitle the contractor to a price adjustment under the terms of this contract except as specifically provided
in paragraphs (f) and (i) below. No such failure shall constitute a breach of this contract, except that this provision
shall not bar a breach-of-contract action if an amount finally determined to be due as a termination allowance
remains unpaid for one year due solely to a failure to reserve sufficient additional funds therefore.

(d) The Government may at any time reserve additional funds for payments under the contract if there are funds
available for such purpose. The contracting officer will promptly notify the contractor of any additional funds
reserved for the contract by issuing an administrative modification to the contract.

(e) If earnings will be such that funds reserved for the contract will be exhausted before the end of any fiscal year,
the contractor shall give written notice to the contracting officer of the estimated date of exhaustion and the amount
of additional funds which will be needed to meet payments due or to become due under the contract during that
fiscal year. This notice shall be given not less than 45 nor more than 60 days prior to the estimated date of
exhaustion.

(f) No payments will be made after exhaustion of funds except to the extent that additional funds are reserved for the
contract. The contractor shall be entitled to simple interest on any payment that the contracting officer determines
                                                                                                   W9128A-12-R-0010

                                                                                                            Page 8 of 33

was actually earned under the terms of the contract and would have been made except for exhaustion of funds.
Interest shall be computed from the time such payment would otherwise have been made until actually or
constructively made, and shall be at the rate established by the Secretary of the Treasury pursuant to Public Law 92-
41, 85 STAT 97, as in effect on the first day of the delay in such payment.

(g) Any suspension, delay, or interruption of work arising from exhaustion or anticipated exhaustion of funds shall
not constitute a breach of this contract and shall not entitle the contractor to any price adjustment under the
"Suspension of Work" clause or in any other manner under this contract.

(h) An equitable adjustment in performance time shall be made for any increase in the time required for performance
of any part of the work arising from exhaustion of funds or the reasonable anticipation of exhaustion of funds.

(i) If, upon the expiration of sixty (60) days after the beginning of the fiscal year following an exhaustion of funds,
the Government has failed to reserve sufficient additional funds to cover payments otherwise due, the contractor, by
written notice delivered to the contracting officer at any time before such additional funds are reserved, may elect to
treat his right to proceed with the work as having been terminated. Such a termination shall be considered a
termination for the convenience of the Government.

(j) If at any time it becomes apparent that the funds reserved for any fiscal year are in excess of the funds
required to meet all payments due or to become due the contractor because of work performed and to be
performed under the contract during the fiscal year, the Government reserves the right, after notice to the
contractor, to reduce said reservation by the amount of such excess.

                                                    (End of clause)




CLAUSES INCORPORATED BY FULL TEXT


52.232-5002 CONTINUING CONTRACTS (ALTERNATE).

CONTINUING CONTRACTS (ALTERNATE) (MAR 1995) — EFARS

* As applicable in accordance with individual task orders

(a) Funds are not available at the inception of this contract to cover the entire contract price. The sum of $________
has been reserved for this contract and is available for payment to the contractor during the current fiscal year. It is
expected that Congress will make appropriations for future fiscal years from which additional funds, together with
funds provided by one or more non-federal project sponsors will be reserved for this contract. The liability of the
United States for payments beyond the funds reserved for this contract is contingent on the reservation of additional
funds.

(b) Failure to make payments in excess of the amount currently reserved, or that may be reserved form time to time,
shall not be considered a breach of this contract, and shall not entitle the contractor to a price adjustment under the
terms of this contract except as specifically provided in paragraphs (e) and (h) below.

(c) The Government may at any time reserve additional funds for payments under the contract if there are funds
available for such purpose. The contracting officer will promptly notify the contractor of any additional funds
reserved for the contract by issuing an administrative modification to the contract.

(d) If earnings will be such that funds reserved for the contract will be exhausted before the end of any fiscal year,
the contractor shall give written notice to the contracting officer of the estimated date of exhaustion and the amount
of additional funds which will be needed to meet payments due or to become due under this contract during that
                                                                                                    W9128A-12-R-0010

                                                                                                             Page 9 of 33

fiscal year. This notice shall be given not less than 45 nor more than 60 days prior to the estimated date of
exhaustion.

(e) No payments will be make after exhaustion of funds except to the extent that additional funds are reserved for
the contract. If and when sufficient additional funds are reserved, the contractor shall be entitled to simple interest
on any payment that the contracting officer determines was actually earned under the terms of this contract and
would have been made except for exhaustion of funds. Interest shall be computed from the time such payment
would otherwise have been made until actually or constructively made, and shall be at the rate established by the
Secretary of the Treasury pursuant to Public Law 92-41, 85 STAT 97, as in effect on the first day of the delay in
such payment.

(f) Any suspension, delay, or interruption of work arising from exhaustion or anticipated exhaustion of funds shall
not constitute a breach of this contract and shall not entitle the contractor to any price adjustment under a
"Suspension of Work" or similar clause or in any other manner under this contract.

(g) An equitable adjustment in performance time shall be made for any increase in the time required for performance
of any part of the work arising from exhaustion of funds or the reasonable anticipation of exhaustion of funds.

(h) If, upon the expiration of sixty (60) days after the beginning of the fiscal year following an exhaustion of funds,
the Government has failed to reserve sufficient additional funds to cover payments other vise due, the contractor, by
written notice delivered to the contracting officer at any time before such additional funds are reserved, may elect to
treat his right to proceed with the work as having been terminated. Such a termination shall be at no cost to the
Government, except that, to the extent that additional funds to make payment therefore are allocated to this contract,
it may be treated as a termination for the convenience of the Government.

(i) If at any time it becomes apparent that the funds reserved for any fiscal year are in excess of the funds required to
meet all payments due or to become due the contractor because of work performed and to be performed under this
contract during the fiscal year, the Government reserves the right, after notice to the contractor, to reduce said
reservation by the amount of such excess.

(j) The term "Reservation" means monies that have been set aside and made available for payments under this
contract.
                                                 (End of clause)



CLAUSES INCORPORATED BY FULL TEXT


52.232-5003       SPECIAL CONTINUING CONTRACT CLAUSE

* As applicable in accordance with individual task orders

(a) Funds are not available at the inception of this contract to cover the entire contract price. The liability
of the Government is limited by this clause notwithstanding any contrary provision of any clause of this
contract, except the Termination for Convenience clause. The sum of $____________ has been reserved
for this contract and is available for payment to the Contractor during the current fiscal year. It is expected
that Congress will make appropriations for future fiscal years from which additional funds, together with
funds provided by one or more non-federal project sponsors, will be reserved for this contract.

(b) Failure to make payments in excess of the amount currently reserved, or that may be reserved from
time to time, shall not be considered a breach of contract and shall not entitle the Contractor to a price
adjustment under the terms of this contract.
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                                                                                                  Page 10 of 33

(c) The Government may at any time reserve additional funds for payments under the contract if there are
funds available for such purpose. The Contracting Officer will promptly notify the Contractor of any
additional funds reserved for the contract by issuing an administrative modification to the contract.

(d) If earnings will be such that funds reserved for the contract will be exhausted before the end of any
fiscal year, the Contractor shall give written notice to the Contracting Officer of the estimated date of
exhaustion and the amount of additional funds which will be needed to meet payments due or to become
due under the contract during that fiscal year. This notice shall be given not less than 120 days prior to
the estimated date of exhaustion. Unless informed in writing by the Contracting Officer that additional
funds have been reserved for payments under the contract, the Contractor shall stop work upon the
exhaustion of funds.

(e) No payments will be made after exhaustion of funds except to the extent that additional funds are
reserved for the contract.

(f) Any suspension, delay, or interruption of work arising from exhaustion or anticipated exhaustion of
funds shall not constitute a breach of this contract and shall not entitle the Contractor to any price
adjustment under the “Suspension of Work” clause or in any other manner under this contract.

(g) An equitable adjustment in performance time shall be made for any increase in the time required for
performance of any part of the work arising from exhaustion of funds or the reasonable anticipation of
exhaustion of funds.

(h) If, upon the expiration of one-hundred (100) days after the beginning of the fiscal year following an
exhaustion of funds, the Government has failed to reserve additional funds for this contract sufficient to
cover the Government’s estimate of funding required for the first quarter of that fiscal year, the Contractor,
by written notice delivered to the Contracting Officer at any time before such additional funds are
reserved, may elect to treat his right to proceed with the work as having been terminated. Such a
termination shall be considered a termination for the convenience of the Government.

(i) If at any time it becomes apparent that the funds reserved for any fiscal year are in excess of the funds
required to meet all payments due or to become due the Contractor because of work performed and to be
performed under the contract during the fiscal year, the Government reserves the right, after notice to the
Contractor, to reduce said reservation by the amount of such excess.

(j) The term “Reservation” means monies that have been set aside and made available for payments
under this contract. Reservations of funds shall be made in writing via an administrative modification
issued by the Contracting Officer.



CLAUSES INCORPORATED BY FULL TEXT


52.232-5004      INCREMENTAL FUNDING CLAUSE

* As applicable in accordance with individual task orders

(a) Funds are not available at the inception of this contract to cover the entire contract price. The liability
of the Government is limited by this clause notwithstanding any contrary provision of the “Payments to
Contractor” clause or any other clause of this contract. The sum of $____________ has been reserved
for this contract and is available for payment to the Contractor during the current fiscal year. It is expected
that Congress will make appropriations for future fiscal years from which additional funds, together with
funds provided by one or more non-federal project sponsors, will be reserved for this contract.
                                                                                          W9128A-12-R-0010

                                                                                                 Page 11 of 33

(b) Failure to make payments in excess of the amount currently reserved, or that may be reserved from
time to time, shall not be considered a breach of contract, and shall not entitle the Contractor to a price
adjustment under the terms of this contract.

(c) The Government may at any time reserve additional funds for payments under the contract if there are
funds available for such purpose. The Contracting Officer will promptly notify the Contractor of any
additional funds reserved for the contract by issuing an administrative modification to the contract.

(d) If earnings will be such that funds reserved for the contract will be exhausted before the end of any
fiscal year, the Contractor shall give written notice to the Contracting Officer of the estimated date of
exhaustion and the amount of additional funds which will be needed to meet payments due or to become
due under the contract during that fiscal year. This notice shall be given not less than 120 days prior to
the estimated date of exhaustion. Unless informed in writing by the Contracting Officer that additional
funds have been reserved for payments under the contract, the Contractor shall stop work upon the
exhaustion of funds.

(e) No payments will be made after exhaustion of funds except to the extent that additional funds are
reserved for the contract.

(f) Any suspension, delay, or interruption of work arising from exhaustion or anticipated exhaustion of
funds shall not constitute a breach of this contract and shall not entitle the Contractor to any price
adjustment under a “Suspension of Work” or similar clause or in any other manner under this contract.

(g) An equitable adjustment in performance time shall be made for any increase in the time required for
performance of any part of the work arising from exhaustion of funds or the reasonable anticipation of
exhaustion of funds.

(h) If, upon the expiration of one-hundred (100) days after the beginning of the fiscal year following an
exhaustion of funds, the Government has failed to reserve additional funds for this contract sufficient to
cover the Government’s estimate of funding required for the first quarter of that fiscal year, the Contractor,
by written notice delivered to the Contracting Officer at any time before such additional funds are
reserved, may elect to treat his right to proceed with the work as having been terminated. The
Government will not be obligated in any event to reimburse the Contractor for any costs incurred after the
exhaustion of funds regardless of anything to the contrary in the clause entitled “Termination for
Convenience of the Government”.

(i) If at any time it becomes apparent that the funds reserved for any fiscal year are in excess of the funds
required to meet all payments due or to become due the Contractor because of work performed and to be
performed under this contract during the fiscal year, the Government reserves the right, after notice to the
Contractor, to reduce said reservation by the amount of such excess.

(j) The term “Reservation” means monies that have been set aside and made available for payments
under this contract. Reservations of funds shall be made in writing via an administrative modification
issued by the Contracting Officer.



CLAUSES INCORPORATED BY FULL TEXT


52.236-5000     PLANT AND MATERIAL REMOVAL AFTER CONTRACT TERMINATION.


PLANT AND MATERIAL REMOVAL AFTER CONTRACT TERMINATION (MAR 1995) — EFARS
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                                                                                                       Page 12 of 33

Should this contract be terminated as provided in clause 52.232-5001 because of the failure of Congress to provide
additional funds for its completion, the contractor may be permitted to remove plant and material on which
payments for preparatory work have been made, subject to an equitable deduction from the amounts due the
contractor to reimburse the United States for the unabsorbed value of such plant and material.

                                                  (End of Clause)



CLAUSES INCORPORATED BY FULL TEXT


52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS
   Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis
under FAR 49.206-2(b). In evaluating a terminations settlement proposal using the total cost basis, the following
principles will be applied to determine allowable equipment costs:
 (1) Actual costs for each piece of equipment, or groups of similar serial or series
equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.
 (2) If equipment costs have been allocated to a contract using predetermined rates , those charges will be adjusted
      to actual costs.
 (3) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.
 (4) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the
provisions of FAR 31.205-11).
 (5) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the
contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.
                                                    (End of Clause)




CLAUSES INCORPORATED BY FULL TEXT


52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS
   Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis
under FAR 49.206-2(b). In evaluating a terminations settlement proposal using the total cost basis, the following
principles will be applied to determine allowable equipment costs:
 (3) Actual costs for each piece of equipment, or groups of similar serial or series
equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.
 (4) If equipment costs have been allocated to a contract using predetermined rates , those charges will be adjusted
      to actual costs.
 (3) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.
 (4) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the
provisions of FAR 31.205-11).
 (5) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the
contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.
                                                    (End of Clause)




CLAUSES INCORPORATED BY FULL TEXT


252.222-7000    RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)
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                                                                                                          Page 13 of 33


(a) The Contractor shall employ, for the purpose of performing that portion of the contract work in State of Hawaii,
individuals who are residents thereof and who, in the case of any craft or trade, possess or would be able to acquire
promptly the necessary skills to perform the contract.

(b) The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded
under this contract.

(End of clause)



CLAUSES INCORPORATED BY FULL TEXT


(S-102) CONTRACTOR SUPPLY and USE OF ELECTRONIC SOFTWARE FOR PROCESSING DAVIS-
BACON ACT CERTIFIED LABOR PAYROLLS (April 2011)

The contractor is encouraged to use a commercially-available electronic system to process and submit certified
payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor
payrolls are established by the Davis-Bacon Act as stated in FAR 52.222-8, PAYROLLS AND BASIC RECORDS
and FAR 52.222-13, COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS.

If the contractor elects to use an electronic Davis-Bacon payroll processing system, then the contractor shall be
responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt,
processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data
required for the contractor to comply with Davis-Bacon and related Act regulations. When the contractor uses an
electronic Davis-Bacon payroll system, the electronic payroll service shall be used by the contractor to prepare,
process, and maintain the relevant payrolls and basic records during all work under this construction contract and the
electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3
years after contract completion. If the contractor chooses to use an electronic Davis-Bacon payroll system, then the
contractor shall obtain and provide electronic system access to the Government, as required to comply with the
Davis-Bacon and related Act regulations over the duration of this construction contract. The access shall include
electronic review access by the Government contract administration office to the electronic payroll processing
system used by the contractor.

The contractor's provision and use of an electronic payroll processing system shall meet the following basic
functional criteria: commercially available; compliant with appropriate Davis Bacon Act payroll provisions in the
FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed under
the contract; capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records
(format at http://www.rmssupport.com/guides.aspx) for export in an Excel spreadsheet to be imported into the
contractor's Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export
payroll data to the Government's Resident Management System (RMS); demonstrated security of data and data entry
rights; ability to produce contractor-certified electronic versions of weekly payroll data; ability to identify erroneous
entries and track the data/time of all versions of the certified Davis Bacon payrolls submitted to the government over
the life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of
data from the system database at end of the contract closeout. This durable record copy of data from the electronic
Davis-Bacon payroll processing system shall be provided to the Government during contract closeout.

All contractor-incurred costs related to the contractor's provision and use of an electronic payroll processing service
shall be included in the contractor's price for the overall work under the contract. The costs for Davis-Bacon Act
compliance using electronic payroll processing services shall not be a separately bid/proposed or reimbursed item
under this contract.
                                                                                                 W9128A-12-R-0010

                                                                                                        Page 14 of 33


CLAUSES INCORPORATED BY FULL TEXT


S-14     PRICE ADJUSTMENT FOR CONTINGENT SCOPE OF WORK


As of the time this contract is awarded, the Government is uncertain as to presence of asbestos in the buildings or
any other structures to be worked on by the Contractor. Upon discovering presence of asbestos in any part of the
structures, the Contractor shall notify the Government thereof as soon as practicable. Upon becoming aware of
presence of asbestos in any part of the structures through the contractor's notice or otherwise, the Government shall
modify the contract for asbestos abatement and make an equitable adjustment to the contract price as called under
the contract clause entitled Changes.

                                             [End of Statement]




CLAUSES INCORPORATED BY FULL TEXT


S-17     ASBESTOS --- (OCCUPATIONAL HEALTH AND ENVIRONMENTAL)


The Government is uncertain on the presence of asbestos at the time of award. The following paragraphs only apply
if asbestos is discovered during the performance of the work. Refer to paragraph entitled PRICE ADJUSTMENT
FOR CONTINGENT SCOPE OF WORK in Section 00800 for procedural information upon discovery of asbestos.

(a) THE CONTRACTOR IS WARNED THAT EXPOSURE TO AIRBORNE ASBESTOS HAS BEEN
ASSOCIATED WITH FOUR DISEASES: LUNG CANCER, CERTAIN GASTROINTESTINAL CANCERS,
PLEURAL OR PERITONEAL MESOTHELIOMA AND ASBESTOSIS. Studies indicate there are significantly
increased health dangers to persons exposed to asbestos who smoke and further, to family members and other
persons who become indirectly exposed as a result of the exposed worker bringing asbestos-laden work clothing
home to be laundered.

(b) The Contractor is advised that friable and/or nonfriable asbestos containing material has been identified in
area(s) where contract work is to be performed. Friable asbestos containing material means any material that
contains more than 1 percent asbestos by weight that hand pressure can crumble, pulverize or reduce to powder
when dry. Nonfriable asbestos containing materials do not release asbestos fiber during routine handling and end-
use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling,
cutting, machining, removal, demolition or other similar activities.

(c) Care must be taken to avoid releasing, or causing to be released, asbestos fibers into the atmosphere where they
may be inhaled or ingested. The Occupational Safety and Health Administration (OSHA) has set standards at 29
CFR 1910.1001, for exposure to airborne concentrations of asbestos, fibers, methods of compliance, medical
surveillance, housekeeping procedures and other measures that must be taken when working with or around asbestos
containing materials which release airborne asbestos fibers at concentrations in excess of those established 29 CFR
1910.1001. 29 CFR 1910.1001 has been identified as applicable to construction (29 CFR 1926.55 gases, vapors,
fumes, dusts and mists). The Environmental Protection Agency (EPA) has established standards at 40 CFR 61.140-
156 for the control of asbestos emissions to the environment and the handling and disposal of asbestos wastes.

(d) When contract work activities are carried out in locations where the potential exists for exposure to airborne
asbestos fibers as described in paragraph (b), or where asbestos waste will be generated, the Contractor shall assure
that all measures necessary to provide effective protection to persons from exposure to asbestos fibers (and
                                                                                                W9128A-12-R-0010

                                                                                                       Page 15 of 33

prevention of contamination to property, materials, supplies, equipment and the internal and external environment)
are effectively instituted.

(e) As a minimum, the Contractor shall comply with the provisions of 29 CFR 1910.1001 and 1926.55; 49 CFR
72.101, 172.200-204, 172.316, 173.1090; 40 CFR 61.140-156; and any state implementing hazardous waste under
the Resources Conservation and Recovery Act (RCRA) requirements and any other applicable federal, state or local
requirements.

(f) In addition to the information required in Contract Clause, ACCIDENT PREVENTION, of this contract, the
Contractor's Accident Prevention Plan must also fully address the following topics, and at the Contractor's option
may include additional information as applicable.

(1) Medical Surveillance: (29 CFR 1910.1001(J)).

(2) Employee training: Prior to beginning work in asbestos containing material area(s) (29 CFR 1910.1001 and 29
CFR 1910.134).

(3) Respiratory protection: (29 CFR 1910.1001 and 29 CFR 1910.134)

(4) Personal protective clothing and equipment: (29 CFR 1910.1001(d)). The use of compressed air to remove
asbestos from workers' clothing is prohibited. The Contractor shall specify the type of change room, wash facilities
and laundering facilities as applicable.

(5) Airborne asbestos monitoring: 29 CFR 1910.1001(f)). Specify the monitoring and analytical procedures to be
used before, during, and after completion of contract work in areas where asbestos containing materials are located.
All asbestos monitoring shall be conducted under the guidance of an industrial hygienist certified by the American
Board of Industrial Hygiene. Samples shall be analyzed by an American Industrial Hygiene Association (AIHA)
accredited laboratory proficient in the analysis of asbestos and asbestos containing materials. Turn around time
from end of sampling period to review of results of analyses by Contractor shall be no longer than 72 hours.

(6) Housekeeping: (29 CFR 1910.1001(h)). Dry sweeping of contract work areas contaminated with asbestos
containing material is prohibited. The Contractor shall specify methods and materials used to package asbestos
containing waste and plan to control any incidental airborne release or spill of asbestos containing material.

(7) Methods of compliance: (29 CFR 1910.1001(c)). Contractor shall include procedures relating to engineering
controls, local exhaust ventilation, particular tools to be used and work practices (1910.1001(c)). Specify methods,
materials and equipment to be used to prevent asbestos contamination to property, materials, supplies, equipment
and the internal and external environment during maintenance, renovation or other contract activities. Local
Exhaust ventilation equipment including power operated tools equipped with local exhaust ventilation shall conform
with the Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems ANSI Z9.2 latest
revised edition. Describe the type of high-efficiency filtered (HEPA) vacuum cleaners that shall be used to vacuum
asbestos containing materials. Describe methods and materials to be used to assure all asbestos containing material
will be thoroughly wetted by use of a wetting agent and water before removal and that airborne asbestos dust will be
kept to a minimum.

(8) Methods and materials to be used to decontaminate any property, materials, supplies, equipment and the
environment if asbestos contamination results. (29 CFR 1910.1001(c)).

(9) Recordkeeping procedures. (29 CFR 1910.1001(i) and 1910.20).

(10) Specific description of packaging, marking and shipping conveyances to be used to transport asbestos
containing waste from the generation point to a storage or disposal facility in compliance with Department of
Transportation requirements. (49 CFR 172.101, 172.200-204, 176,316, 173.1090).
                                                                                               W9128A-12-R-0010

                                                                                                     Page 16 of 33

(11) Emergency procedures that would be taken if an accident of spill of asbestos containing material occurs during
the transport of asbestos containing waste. (40 CFR 61.20-25).

(12) Methods and equipment used to off load and bury asbestos containing waste control airborne emissions at the
burial site. (40 CFR 61.20-25).

(g) The Contractor shall complete and return to the Contracting Officer within 15 working days after the completion
of all airborne asbestos monitoring conducted under this contract, a 'Summarization of Airborne Asbestos Sampling
Results' form (ENG Form 4921-R, Jan 86) provided by the Government. NOTE: This completed summarization
form is to be used by the US Army Corps of Engineers for statistical information purposes and does not relieve the
Contractor from his recordkeeping requirements as described in 29 CFR 1910.1001(i) and 1910.20.

                                            [End of Statement]




CLAUSES INCORPORATED BY FULL TEXT


S-17.1           OPTION FOR INCREASED SCOPE -- SEPARATELY PRICED LINE ITEM (JAN
2006)

The Government may require the construction of the numbered line item(s),
identified in the bidding schedule as (an) option item(s), at the price
stated. The Contracting Officer may exercise the option(s) at time of award
or by written notice to the @@Insert number of days from award
Contractor no later than 120 days from time of award. Performance period(s)
for the option(s) will be identified in the FAR clause entitled COMMENCEMENT,
PROSECUTION, AND COMPLETION OF WORK, in Section 00700.

[End of statement]



CLAUSES INCORPORATED BY FULL TEXT


S-19     SAFETY STANDARDS


The successful offeror will be required to comply with Chapter 396 of the Hawaii Occupational Safety and Health
Act (OSHA) standards and Title 12 Department of Labor and Industrial Relations, Subtitle 8 Division of
Occupational Safety and Health, Part 2 General Industry Standards as well as with the Corps of Engineers Manual
385-1-1, Safety and Health Requirements Manual. [Title 29, CFR, Chap 18, Part 1910 (OSHA)]

                                            [End of Statement]




CLAUSES INCORPORATED BY FULL TEXT
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                                                                                                        Page 17 of 33

S-22  VALIDATION OF COMMERCIAL ANALYTICAL CHEMISTRY LABORATORIES FOR U.S. ARMY
ENGINEER CORPS OF ENGINEERS' (USACE) HAZARDOUS, TOXIC & RADIOACTIVE WASTE (HTRW)
PROJECTS (FEB 2002)


Laboratories must be Corps validated laboratories and must be validated for project specific parameters and matrices
prior to analyzing any samples under contract as part of the USACE HTRW Program execution. Laboratories must
be revalidated every eighteen months if they are actively supporting USACE projects.

Initial laboratory validations require eight to twelve weeks, depending on the responsiveness of the laboratory.
Revalidation usually requires less time.

                                             [End of Statement]




CLAUSES INCORPORATED BY FULL TEXT


S-23.1 EMERGENCY PLANNING COMMUNITY RIGHT TO KNOW ACT (EPCRA) EXTREMELY
HAZARDOUS SUBSTANCES (EHS), CERCLA HAZARDOUS SUBSTANCES, AND OTHER OSHA
HAZARDOUS CHEMICALS (MAY 2000

This applies to any contractor utilizing EPCRA EHS, CERCLA hazardous substances, and other OSHA hazardous
chemicals in performance of any work while on any US Army Garrison, Hawaii (USAG-HI) installations. The
EPCRA EHS are defined in EPA document EPA 550-B-98-017, Title III List of List, Consolidated List of
Chemicals Subject to the Emergency Planning and Community Right to Know Act and Section 112(r) of the Clean
Air Act Amended. Contractors are responsible for knowing which chemicals they may use or transport are
contained on the list. For convenience, contractors may review a copy of the EPA document at the Directorate of
Public Works (DPW) Environmental Department. To obtain a copy of the list, the document is also available at the
U.S. Environmental Protection Agency (EPA) Web address http://www.epa.gov/ceppo/p-gen.htm. For contractors’
information, the locations of these chemicals stored on USAG-HI installations are available upon request. To obtain
the list of locations, forward request to the following E-mail address: takenakc@schofield-emh1.army.mil. Indicate
name, company, contract awarded and description of contract. A data base of locations of chemicals will then be
forwarded upon review and approval of request. Contractors working on USAG-HI installations are encouraged to
review this database which will provide information where potentially hazardous chemicals are stored.

        (1) Reporting. All spills of substances containing EPCRA EHS and CERCLA hazardous substances, and
OSHA hazardous chemicals will be immediately reported to the Directorate of Public Works (DPW) Spill Response
line at 656-1111 during normal working hours. After normal working hours or weekends/holidays, all spills will be
reported to the DPW Work Order Desk at 656-1275. The Contracting Officer must be notified during the first
business hour immediately after. All waste developed resulting from EPCRA EHS, CERCLA hazardous substances,
and other OSHA hazardous chemicals being utilized will be immediately reported to the DPW Environmental
Office, phone: 656-2878 x 1022 (Mr. Akasaki).

       (2) All Contractors Utilizing Substances Containing EPCRA EHS, CERCLA hazardous substances, and
other OSHA hazardous chemicals will perform the following prior to contract start.

              (a) Review the Installation Spill Contingency Plan, the Installation Hazardous Waste Management
Plan and the 40-hour Environmental Compliance Officer Course manual available at the DPW Environmental
Department or at the Directorate of Contracting. Upon review, the contractor or designated responsible employee
shall sign a certification statement that they have reviewed and understand the contents of these documents.
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                                                                                                        Page 18 of 33

             (b) Provide a list of all EPCRA EHS, CERCLA hazardous substances, and other OSHA hazardous
chemicals projected to be utilized, the estimated quantities of each and the Material Safety Data Sheets to the DPW
Environmental Department and also to building 6040 East Range for material bar-codes.

             (c) Provide the name, phone number, and pager number of a company spill response point of contact.
The point of contact must be trained in spill response.

             (d) Provide a copy of an agreement with a hazardous materials spill response company in the event of
a spill.

             (e) Provide copies of training certificates on environmental training and spill response training.

             (f) Appoint a primary and alternate Environmental Compliance Officer in writing.

             (g) Develop a notification procedure in the event of a spill to include phone numbers of response
personnel, support agencies, National Response Center, State Hazard Evaluation Emergency Response Office and
Civil Defense.

      (3) Annual Update. On an annual basis, but not later than 1 February of each year, provide DPW
Environmental Department an updated list as referenced in (2)(b) above.

      (4) Contractor Caused Spills or Waste Generated of Substances Containing EPCRA EHS, CERCLA
Hazardous Substances, and OSHA Hazardous Chemicals.

             (a) All spills caused by the contractor will be cleaned up under supervision of the contractor and a
qualified hazardous materials spill response company, at no cost to the government, in accordance with all
applicable laws and regulations and to the satisfaction of the DPW Environmental Department.

            (b) Accomplish all spill notifications as required by the U.S. Environmental Protection Agency and
State of Hawaii to the Hazard Evaluation Emergency Response Office, Local Emergency Response Commission and
National Response Center.

              (c) Pay for disposal cost of all contaminated materials to include but not limited to soil, sorbent
materials, disposable equipment and other materials contaminated by the spill. Ensure all disposal is in accordance
with all applicable laws and regulations at authorized disposal sites.




CLAUSES INCORPORATED BY FULL TEXT



S-23.2      ASBESTOS PROHIBITION & CERTIFICATION (SEP 2000)

      a.   Materials or products containing more than one percent asbestos
shall not be used in this project. The Contracting Officer, at any time
prior to acceptance of the work, or during the period designated for warranty
of the work, if any, may reject materials and products that contain asbestos
in excess of one percent, and direct the removal of such materials and
products from the jobsite, at the sole expense of the contractor, and without
additional time granted for performance of the work. After completion of
this contract, if asbestos (exceeding 1%) is discovered in the products or
materials (excluding items permitted by the exception) installed by the
contractor, the Government reserves the right to direct the Contractor to
                                                                 W9128A-12-R-0010

                                                                      Page 19 of 33

perform asbestos abatement and restoration work, as required, at the
Contractors' sole cost. Asbestos abatement work (removal and disposal of
asbestos-containing materials and products) shall be accomplished in
accordance with currently applicable United States Government and State of
Hawaii standards for such work.

      "Exception: Where suitable asbestos-free (equal to or less than 1%
asbestos) substitutes do not exist for a material or product, the contractor
may use a material or product containing asbestos in excess of 1%, with the
prior written approval of the Contracting Officer. The Contractor shall
submit a written request for such substitution, accompanied by a
certification from the manufacturer of the material or product that shall set
forth, in specific detail, the amount of asbestos present in the material or
product. When available, laboratory analysis of the material or product for
asbestos content shall be included with the submittal."

      b.   The Government may conduct asbestos testing on suspected asbestos-
containing materials and products excluding items permitted by the
"Exception", and such testing will be conducted at the expense of the
Government. However, wherever destructive testing is required, or a material
or product must be utilized by the Government for testing, the Contractor,
shall, at its own expense, repair or replace the material or product, or the
item of work that has been disturbed by testing, if the test results confirm
presence of asbestos exceeding 1%. In the event test results indicate 1% or
less asbestos content or complete absence of asbestos, the Contractor shall
restore the test site to its original condition and the cost of restoration
work, as approved by the Contracting Officer, shall be borne by the
Government.

      c.   As a minimum, the Contractor shall furnish manufacturer's
certification for the items listed below, excluding items permitted by the
"Exception", certifying that they are asbestos free or do not contain
asbestos in excess of 1%, as applicable. However, when presence of asbestos
is suspected in other products and materials used in this project, the
Contractor shall be required to provide such certification for those
additional items when so directed by the Contracting Officer. Asbestos
certification shall be required for the items applicable to this project
only.

      1.    Vinyl sheet/vinyl tile flooring, including accessories and
adhesives

      2.    Insulation materials including facing

      3.    Gaskets for piping and duct work

      4.    Acoustical Tiles

      5.    Firestopping materials

      6.    Fireproofing materials

      7.   Special Coating, including factory applied coatings, on sheetmetal
roofing and siding
                                                                   W9128A-12-R-0010

                                                                        Page 20 of 33

      8.   Wallboard for all interior and exterior applications including
joint compounds

      9.    Adhesives (other than Item 1) used in the project

      10.   Tape materials used in the project

      11.   Roofing and Siding, nonmetallic

      12.   Felt materials and cushion materials

      13. Pre-mixed mortars, grouts, leveling compounds, fillers, and other
cementitious materials

      14.   Caulking and sealing materials

      d. All submittals shall be accompanied by a certification from the
manufacturer of the material or product that the material or product is
asbestos-free; or shall set forth, in specific detail, the amount of asbestos
present in the material or product. Documentary evidence of laboratory
analysis of the material or product for asbestos content, conducted by an
independent testing laboratory accredited for asbestos analysis by either the
American Industrial Hygiene Association (AIHA) or the National Voluntary
Laboratory Accreditation Program (NVLAP) administered by the National
Institute of Standards and Technology (NIST).

      e. The Contractor shall implement asbestos awareness and require all
subcontractors, vendors, and suppliers to furnish materials and products free
of asbestos except where and exception is warranted. The Contractor shall
require all subcontractors, vendors, and suppliers to provide manufacturers
certifications and data to support the exception. The request for exception
shall be provided in writing to the Contracting Officer 30 days prior to
commencement of any field work related to that product for which the
exception is sought for the project.

      f. The Contractor shall monitor all subcontractors, vendors, and
suppliers to ensure asbestos containing building materials are not used in
the project except those permitted by the Exception.

      g.    Recording

               (1) The    Contractor shall annotate on the as-built drawings the
               location   where asbestos containing building materials and
               products   have been used. The annotation shall contain the
               material   and quantity.

               (2) Where projects are completed using no asbestos, the
               Contractor shall prepare and sign a Certification of Asbestos
               Free Facility. The certification shall contain the project
               name, contract number, date of certification, and Contractor’s
               name. The certificate shall state that, to the best of
               Contractor’s knowledge, the facility has been completed without
               the use of asbestos containing building materials and products.
               The certification shall be signed by the company president or
               principal or by an individual authorized to sign for the
               president or principal.
                                                                                                  W9128A-12-R-0010

                                                                                                         Page 21 of 33




S-25 AWARD OF TASK ORDERS UNDER MULTIPLE AWARD CONTRACTS (AUG 2010)

a. More than one contract is being awarded for the same construction/services required under this contract. Each
Contractor shall be afforded a fair opportunity to be considered for each task order in excess of $2,500 unless one of
the conditions in paragraph c. below applies.

b. The Government reserves the right to issue additional solicitations and award additional contracts within the
region covered by this contract. In this event, new indefinite delivery indefinite quantity contractors, in accordance
with the terms of their contracts, may compete for Task Orders with the Contractors selected under this solicitation.

c. The Government will consider one or more of the following factors when evaluating contractor’s proposals for
each task order. The Government might also identify other factors that are specific to an individual task order. The
Government will identify all factors and the relative weight of the factors in the RFP for each task order.

    1) The Contractor's proposed task order price;

    2) The Contractor's proposed performance schedule for the task order;

    3) Impact to ongoing contract work when the new task order is incorporated into the Contractor's schedule;

    4) The Contractor's demonstrated understanding of the proposed task order work;

    5) The Contractor's past performance under the contract for all completed task orders; the Contractor's past
    performance on similar or related task orders completed under the contract; and the Contractor's current
    performance on similar or related task orders issued under the contract; and

    6) The existence of ongoing or scheduled work by a Contractor in the location where the task order will be
    performed.

d. In accordance with FAR 16.505(b)(2), awardees need not be given an opportunity to be considered for a particular
order in excess of $2,500.00 under multiple delivery order contracts or multiple task order contracts if the
Contracting Officer determines that -

(1) The agency need for such supplies or services is such urgency that providing such opportunity would result in
unacceptable delays;

(2) Only one such awardee is capable of providing such services required at the level of quality required because
the services ordered are unique or highly specialized;

(3) The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-
on to a task order already issued under this contract, provided that all multi-awardees were given fair opportunity to
be considered for the original order; or

(4) It is necessary to place an order to satisfy a minimum guarantee.

e. If the contractor believes it was not fairly considered for a particular task order, the contractor may present the
matter to the contracting officer. The contractor may appeal the explanation or decision of the contracting officer to
the U.S. Army Corps of Engineers (USACE) Ombudsman at the following address:

         Primary Ombudsman: Ms. Maureen Weller
                                                                                                  W9128A-12-R-0010

                                                                                                         Page 22 of 33

         Regional Principal Assistant Responsible for Contracting
         HQ, Southwestern Division
         U.S. Army Corps of Engineers
         Dallas, TX 75242-1317

         Secondary Ombudsman: Ms. Patricia Trainer
         Deputy Regional Principal Assistant Responsible for Contracting
         HQ, Southwestern Division
         U.S. Army Corps of Engineers
         Dallas, TX 75242-1317

The Ombudsman will review the contractor’s complaint, and in coordination with the contracting officer, ensure that
the contractor was afforded a fair opportunity to be considered for the task order.

                                                  [End of Statement]




S-28.7 REQUIRED INSURANCE (Aug 2004)


(The following is applicable when work is performed on a government installation.)

The minimum insurance requirements, pursuant to Section 00700, Contract Clause, "INSURANCE - - WORK ON
A GOVERNMENT INSTALLATION" of this contract, are:

Workers' Compensation and Employer's Liability Insurance - Minimum coverage of $100,000.

Comprehensive General Liability Insurance - Minimum coverage of $500,000 per occurrence.

Automobile Liability Insurance

(1) Bodily Injury: Minimum coverage of $200,000 per person and $500,000 per occurrence.

(2) Property Damage: Minimum coverage of $20,000 per occurrence.

The Contractor shall insert the substance of this clause in subcontracts under this contract that require work on a
Government installation.

The Certificate Holder for both the Prime’s and Subcontractors' Certificates of Insurance shall be the U.S. Army
Engineer District, Honolulu, Fort Shafter, Hawaii 96858-5440. [FAR 28.306 and 28.307-2]

                                              [End of Statement]




S-28.8 PERFORMANCE AND PAYMENT BONDS (OCT 1995)


(Applicable to contracts exceeding $100,000)
                                                                                                 W9128A-12-R-0010

                                                                                                        Page 23 of 33

Within fourteen (14) calendar days after the date of contract award, the bidder to whom award is made shall furnish
the Government with two bonds, each with good and sufficient surety or sureties acceptable to the Government;
namely, a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25-A).

Any bonds furnished will be furnished by the Contractor to the Government prior to issuance of a Notice to Proceed
by the Government. [FAR 28.102-3]

                                             [End of Statement]




S-36.11           POSTERS AND NOTICES


Wage Rate, Equal Employment Opportunity, and Nondiscrimination in Employment
Posters and Notices will be provided to the Contractor by the Contracting
Officer. The Contractor shall mount these posters and notices, together with
the wage determination decision, under weatherproof, transparent, protective
covering, in one or more conspicuous places, as approved, and readily
available to employees.

                                             [End of Statement]




S-36.12 PROJECT SIGN (March 2007)

* As applicable in accordance with individual task orders

Two (2) project signs shall be fabricated and erected at a location designated by the Contracting Officer. The signs
shall be constructed as shown in EP 310-1-6a, dated 01 Jun 06, pages 16-1 thru 16-4, copy of which is provided at
the end of this section (Appendix ___). The signs shall be erected as soon as possible and within 15 days after the
date of notice to proceed. Upon completion of the project, the sign shall be removed and disposed of.

                                             [End of Statement]




S-36.13           AGGREGATE SOURCES


(a) Concrete aggregates can be produced from the approved sources listed
below:

Ameron HC&D, Ltd., Kapaa Quarry, Kailua, Oahu, Hawaii
Hawaiian Cement, Halawa Quarry, Oahu, Hawaii
Grace Pacific Corp., Puu Makakilo Quarry, Oahu, Hawaii
Jas W. Glover, Ltd., Hilo Quarry, Hilo, Hawaii
Y.S. Rock, Hilo Quarry, Hilo, Hawaii
Ameron HC&D, Ltd., Puunene Quarry, Maui, Hawaii
Maui Concrete and Aggregates, Waikapu Quarry, Maui, Hawaii
Camp 6, Old Railroad Quarry, Puunene, Maui, Hawaii
                                                                                                   W9128A-12-R-0010

                                                                                                          Page 24 of 33

Hale Kauai, Ltd., Halfway Bridge, Kauai, Hawaii

(b) Concrete aggregates may be furnished from any of the above listed
sources or, at the option of the contractor, may be furnished from any other
source designated by the contractor and approved by the Contracting Officer,
subject to the conditions hereinafter stated.

(c) After the award of the contract, the contractor shall designate in
writing only one source or combination of sources from which he proposes to
furnish aggregates. If the contractor proposes to furnish aggregates from a
source or from sources not listed above, he may designate only a single
source or single combination of sources for aggregates. Samples for
acceptance testing shall be provided as required by Section 03300 of the
Technical Requirements. If a source for coarse or fine aggregate so
designated by the contractor is not approved for use by the Contracting
Officer, the contractor may not submit for approval other sources but shall
furnish the coarse or fine aggregate, as the case may be, from an approved
source listed above at no additional cost to the Government.

(d) Listing of a concrete aggregate source is not to be construed as
approval of all material from the source. The right is reserved to reject
materials from certain localized areas, zones, strata, or channels, when such
materials are unsuitable for concrete aggregate as determined by the
Contracting Officer. Materials produced from an approved source shall meet
all the requirements of Section 03300 of the Technical Requirements of these
specifications.

                                              [End of Statement]




S-36.14 AGGREGATE SOURCES


(a) Concrete aggregates can be produced from the approved sources listed below:

Ameron HC&D, Ltd., Kapaa Quarry, Kailua, Oahu, Hawaii
Grace Pacific Corp., Puu Makakilo Quarry, Oahu, Hawaii

(b) Concrete aggregates may be furnished from any of the above listed sources or at the option of the contractor
may be furnished from any other source designated by the contractor and approved by the Contracting Officer,
subject to the conditions hereinafter stated.

(c) After the award of the contract, the contractor shall designate in writing only one source or combination of
sources from which he proposes to furnish aggregates. If the contractor proposes to furnish aggregates from a
source or from sources not listed above he may designate only a single source or single combination of sources for
aggregates. Samples for acceptance testing shall be provided as required by Section 02515 of the Technical
Requirements. If a source for coarse or fine aggregate so designated by the contractor is not approved for use by the
Contracting Officer, the contractor may not submit for approval other sources but shall furnish the coarse or fine
aggregate, as the case may be, from an approved source listed above at no additional cost to the Government.

(d) Listing of a concrete aggregate source is not to be construed as approval of all material from the source. The
right is reserved to reject materials from certain localized areas, zones, strata, or channels, when such materials were
                                                                                             W9128A-12-R-0010

                                                                                                   Page 25 of 33

unsuitable for concrete aggregate as determined by the Contracting Officer. Materials produced from an approved
source shall meet all the requirements of Section 02515 of the Technical Requirements of these specifications.

                                           [End of Statement]




S-36.15          AGGREGATE SOURCES


(a) Concrete aggregates meeting the requirements of Section 02515 of the
Technical Requirements can be produced from the approved sources listed
below:

Ameron HC&D, Ltd., Kapaa Quarry, Kailua, Oahu, Hawaii
Grace Pacific Corp., Puu Makakilo Quarry, Oahu, Hawaii

(b) Concrete aggregates meeting the requirements of Section 03300 of the
Technical Requirements can be produced from the approved sources listed
below:

Ameron HC&D, Ltd., Kapaa Quarry, Kailua, Oahu, Hawaii
Grace Pacific Corp., Puu Makakilo Quarry, Oahu, Hawaii
Hawaiian Cement, Halawa Quarry, Oahu, Hawaii

(c) Concrete aggregates may be furnished from any of the above listed
sources or at the option of the contractor may be furnished from any other
source designated by the contractor and approved by the Contracting Officer,
subject to the conditions hereinafter stated.

(d) After the award of the contract, the contractor shall designate in
writing only one source or combination of sources from which he proposes to
furnish aggregates. If the contractor proposes to furnish aggregates from a
source or from sources not listed above he may designate only a single source
or single combination of sources for aggregates. Samples for acceptance
testing shall be provided as required by Sections 02515 and 03300 of the
Technical Requirements. If a source for coarse or fine aggregate so
designated by the contractor is not approved for use by the Contracting
Officer, the contractor may not submit for approval other sources but shall
furnish the coarse or fine aggregate, as the case may be, from an approved
source listed above at no additional cost to the Government.

(e) Listing of a concrete aggregate source is not to be construed as
approval of all material from the source. The right is reserved to reject
materials from certain localized areas, zones, strata, or channels, when such
materials are unsuitable for concrete aggregate as determined by the
Contracting Officer. Materials produced from an approved source shall meet
all the requirements of Sections 02515 and 03300 of the Technical
Requirements of these specifications.

                                           [End of Statement]
                                                                W9128A-12-R-0010

                                                                      Page 26 of 33

S-36.17    EQUIPMENT EXPENSE RATES IN NEGOTIATED ACTIONS (MAR 2005)


Whenever a contract or modification of contract price is negotiated, the
Contractor's cost proposals for equipment ownership and operating expenses
shall be determined in accordance with the requirements of Special Contract
Requirements statement, entitled "EQUIPMENT OWNERSHIP AND OPERATING EXPENSE
SCHEDULE," of this solicitation. EP 1110-1-8 "Construction Equipment
Ownership and Operating Expense Schedule" is available at
http://www.usace.army.mil/inet/usace-docs/eng-pamphlets/ep1110-1-
8(vol10)/toc.htm for State of Hawaii (Region 10) and at
http://www.usace.army.mil/inet/usace-docs/eng-pamphlets/ep1110-1-
8(vol12)/toc.htm
for Kwajalein Island, Roi-Namur Island, and Meck Island (Area 12), including
Guam, American Samoa, and Johnston Island). [FAR 31.105(d)(2)(i) and EFARS
31.105(d)(2)(i)(b)].

                              [End of Statement]




S-36.20     PERFORMANCE OF WORK BY THE CONTRACTOR - DEFINED (NOV 1998)


(a) "Work," means physical work activities, involving any of the trades
required to directly place the construction required by the contract. It
also includes physical activities that directly support the work, such as:
(1) warehousing; (2) maintenance of equipment; (3) procurement and
transportation of supplies or construction materials to the site for use by
the contractor; (4) procuring, transporting and providing equipment for use
by the contractor; (5) logistical activities that directly support the
contractor's employees; and (6) similar activities. The meaning of the term
does not include: (1) physical work performed by subcontractors; (2)
procurement and transportation of supplies or construction materials to the
site for use by subcontractors; (3) procuring, transporting and providing
equipment for use by subcontractors; logistical activities undertaken by
subcontractors for the benefit of contractor or subcontractor employees; (4)
superintendence, quality control, clerical or similar activities; or (5)
other activities of a similar nature.

Work will be quantified in terms of its monetary cost to the contractor, and
will be compared to the total direct costs that the contractor incurs in
performing the contract.

(b) "On the site" means the area within the construction limits depicted or
described in the contract drawings or specifications. Activities such as
transportation, maintenance and logistics that take place outside of the
construction limits depicted or described are still "on the site," if in
direct support of activities within the construction limits.

(c) "The contractor's own organization" means those individuals who are
employed and paid by the contractor, whether full or part time. If a joint
venture or partnership, members (and their paid employees) of the joint
venture or partners are considered part of "the contractor's own
                                                                 W9128A-12-R-0010

                                                                      Page 27 of 33

organization." If a corporation, wholly-owned subsidiary elements of the
corporation and their paid employees, are considered part of "the
contractor's own organization." Any individual who is employed or paid, even
on a occasional basis by an entity other than the contractor (such as a
subcontractor), or any subcontractor or supplier to the contractor, is not
considered part of "the contractor's own organization."

                              [End of Statement]




S-36.21    AVAILABILITY AND USE OF UTILITY SERVICES (JAN 2006)

* As applicable in accordance with each task order

(a) The Government will make all reasonably required amounts of utilities
available to the Contractor from existing outlets and supplies, as specified
in the contract. Unless otherwise provided in the contract, the amount of
each utility service consumed shall be charged to or paid for by the
Contractor at prevailing rates charged to the Government or, where the
utility is produced by the Government, at reasonable rates determined by the
Contracting Officer. The Contractor shall carefully conserve any utilities
furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory
to the Contracting Officer, shall install and maintain all necessary
temporary connections and distribution lines, and all meters required to
measure the amount of each utility used for the purpose of determining
charges. Before final acceptance of the work by the Government, the
Contractor shall remove all the temporary connections, distribution lines,
meters, and associated paraphernalia.

SELECT ONE PARAGRAPH (C):

(c)   Schedule of utilities available from the Government without charge:
   Input water or elec.

(c) The Contractor shall make payment directly to (insert using agency name).

[End of Statement]



S-36.22     NOTICE OF PARTNERING (April 2004)

* As applicable in accordance with individual task orders

The Government intends to encourage the foundation of a cohesive partnering
arrangement with the contractor and its subcontractors. This partnering
arrangement will be structured to draw on the strengths of each organization
to identify and achieve reciprocal goals. The objectives are effective and
efficient contract performance intended to achieve completion within budget,
on schedule, and in accordance with contract plans and specifications. This
partnering arrangement will be bilateral in membership. To implement this
partnering initiative, it is anticipated that within 60-days of Notice to
                                                                                          W9128A-12-R-0010

                                                                                                Page 28 of 33

Proceed, the contractor and Government management teams to include on-site
and off-site management will attend a Input No. of Days day partnering
development seminar/team building workshop. Any costs associated with this
initial partnering workshop, or any other follow-on sessions if necessary,
excluding salaries, travel, lodging, and food for Government personnel, shall
be borne by the contractor. The facilitator for the workshop shall be an
objective and neutral third party participant, skilled in team building and
group dynamics, who has no vested interest in the decisions reached by the
group. Up to Input No. of Individuals Government personnel will attend this
workshop. The partnering workshop will be held in Location .

                                           [End of Statement]




S-36.34 VEHICLE REGISTRATION


1. All vehicles operating on Army Installations must have a valid registration, valid certificate of
   insurance, current safety inspection and be operated by a licensed driver. Vehicle operators shall be
   prepared to present these documents when requested by the security guard.

2. Contractor vehicles utilized in performance of the contract shall be registered with the Installation
   Provost Marshal for entry into any Army Installation. This includes contractor employees’ privately-
   owned vehicles (POVs) used to travel to and from the job site. Employees will be allowed to register
   only one vehicle. It shall be the sole responsibility of the contractor to register vehicles with the
   Provost Marshal.

3. Prior to contract performance, the contractor shall provide the Contracting Officer with a list of
   company-owned vehicles, employee POVs, and any subcontractor vehicles to be registered. The
   Contracting Officer will prepare a request for vehicle registration to the Provost Marshal. Upon
   receipt of the signed request the contractor shall report directly to the Provost Marshal for vehicle
   registration. Contractor employees must report in person for registration of their POVs. The
   following documents will be required to be presented to the Provost Marshal for vehicle registration:

     a.   Contracting Officer’s request for vehicle registration.
     b.   Valid Vehicle registration
     c.   Valid Certificate of Insurance
     d.   Current Safety Inspection
     e.   Valid driver’s license

4.    At any time contractor employees (or subcontractor employees) are operating contractor-owned
     vehicles on an Army Installation, they shall have in their possession a letter signed by a corporate
     officer authorizing the individual to drive the vehicle.

5. The Contracting Officer and the Provost Marshal office shall be notified of any changes in vehicles
   within three business days of the change.

6. In the event the Provost Marshal issues extended passes for vehicles, lost passes shall be reported
   immediately, in writing, to the appropriate Provost Marshal Office, in order to obtain new passes.
   Notification shall include all circumstances surrounding the loss of the original passes. All vehicle
                                                                                                W9128A-12-R-0010

                                                                                                       Page 29 of 33

    passes issued shall be returned to the Provost Marshal upon completion of the contract, termination of
    an employee or discontinued use of the registered vehicles.

7. Failure to follow the procedures outlined above may result in delays in entering Army Installations.
   The Government is not responsible for any adverse impact on the contractor or its operation as a
   result of delays due to the failure to register vehicles.




S-36.35 Ordering Periods (July 2004)

Any contract awarded as a result of this solicitation will consist of a Base Ordering Period and 4 Optional
Ordering Periods. The Base Ordering Period shall begin on the effective date of the contract and shall
extend for a period of 1 year(s). The exercising of any Optional Ordering Period shall revise and extend the
current contract duration by an additional year. The Contracting Officer reserves the right to exercise an
optional ordering period at any time during the currently established contract duration.




S-36.36 Minimum/Maximum Value (Multiple Award) (Jan 2007)

a. The maximum dollar value that the Government will order under all of the contracts awarded will be
$49,000,000. There is no maximum amount per base or option period. If the Government’s requirements for
services do not result in orders (under all of the contracts awarded) totaling the “maximum” amount, that event shall
not constitute basis for an equitable adjustment under any contract.

b. The guaranteed minimum quantity in value of work which will be required under this contract, and which will be
initiated by one or more task orders will be $3,000 for each contract awarded.




S‐36.5  TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER 
 
1.  This provision specifies the procedure for determination of time extensions for unusually severe weather in 
accordance with the contract clause entitled DEFAULT (FIXED‐PRICE CONSTRUCTION).  In order for the Contracting 
Officer to award a time extension under this clause, the following conditions must be satisfied: 
  
     a.  The weather experienced at the project site during the contract period must be found to be unusually 
severe, that is, more severe than the adverse weather anticipated for the project location during any given month. 
 
     b.  The unusually severe weather must actually cause a delay to the completion of the project.  The delay must 
be beyond the control and without the fault or negligence of the Contractor. 
 
                                                                                                W9128A-12-R-0010

                                                                                                       Page 30 of 33

2.  The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and 
Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for 
monthly weather time evaluations.  The Contractor's progress schedule must reflect these anticipated adverse 
weather delays in all weather dependent activities. 
 
 
                                    MONTHLY ANTICIPATED ADVERSE WEATHER DELAY 
                                     WORK DAYS BASED ON FIVE (5) DAY WORK WEEK 
 
 
LOCATION                               JAN       FEB       MAR         APR       MAY         JUN        JUL         AUG   SEP
CENTRAL OAHU - Includes sites           3          3          2          1          1         0          1           1     1
from Fort Ruger through Fort Shafter
to Pearl City


LEEWARD OAHU 1 - Includes sites         4          5          6          4          3         3          3           4     3
from Schofield Barracks to Helemano
Military Reservation


LEEWARD OAHU 2 - Includes sites         3          2          2          1          1         0          1           0     1
from Barbers Point through Waianae
to Kaena Point


WINDWARD OAHU - Include sites           5          5          5          4          3         3          5           4     3
from Bellows through Kaneohe to
Kahuku


 
 
 
3.  Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor 
will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled 
work.  Actual adverse weather delay days must prevent work on criticial activities for 50 percent or more of the 
Contractor's scheduled work day.  The number of actual adverse weather delay days shall include days impacted 
by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically 
from the first to the last day of each month, and be recorded as full days.  If the number of actual adverse weather 
delay days exceeds the number of days anticipated in paragraph 2, above, the Contracting Officer will convert any 
qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a 
modification in accordance with the contract clause entitled DEFAULT (FIXED‐PRICE CONSTRUCTION). [ER 415‐1‐
15, 31 Oct 89] 
 




S-36.6             CERTIFICATES OF COMPLIANCE


Any certificates required for demonstrating proof of compliance of materials
with specification requirements shall be executed in five (5) copies. Each
certificate shall be signed by an official authorized to certify in behalf of
                                                                                                 W9128A-12-R-0010

                                                                                                        Page 31 of 33

the manufacturing company and shall contain the name and address of the
Contractor, the project name and location, and the quantity and date or dates
of shipment or delivery to which the certificates apply. Copies of
laboratory test reports submitted with certificates shall contain the name
and address of the testing laboratory and the date or dates of the tests to
which the report applies. Certification shall not be construed as relieving
the Contractor from furnishing satisfactory material, if after tests are
performed on selected samples, the material is found not to meet the specific
requirements.

                                             [End of Statement]




S-36.7            IDENTIFICATION OF EMPLOYEES


The Contractor shall be responsible for furnishing to each employee and for
requiring each employee engaged on the work to display such identification as
may be approved and directed by the Contracting Officer. All prescribed
identification shall immediately be delivered to the Contracting Officer for
cancellation upon the release of any employee.   When required by the
Contracting Officer, the Contractor shall obtain and submit fingerprints of
all persons employed or to be employed on the project.

                                             [End of Statement]




S-36.8 GROUND-FAULT CIRCUIT INTERRUPTERS


Ground-fault circuit interrupters for all 125-volt single phase 15- and 20-ampere receptacle outlets which are not
part of the permanent wiring of the building or structure shall be provided by the Contractor in accordance with
Section 305-6 of the 2008 or latest edition National Electrical Code.

                                             [End of Statement]




S-4.2    Security Contract Language for All Unclassified Contracts (Aug 2004)

All Contractor employees (U.S. citizens and Non-U.S. citizens) working under this contract (to include
grants, cooperative agreements and task orders) who require access to Automated Information Systems
(AIS), (stand alone computers, network computers/systems, email) shall, at a minimum, be designated
into an ADP-III position (non-sensitive) in accordance with DoD 5220-22-R, Industrial Security
Regulation. The investigative requirements for an ADP-III position are favorable National Agency Check
                                                                                                 W9128A-12-R-0010

                                                                                                        Page 32 of 33

(NAC), SF-85P, Public Trust Position. The contractor shall have each applicable employee complete a
SF-85P and submit to the U. S. Army Engineer District, Honolulu, Attn: Security Officer, CEPOH-DE,
Building 230, Fort Shafter, Hawaii 96858-5440, within three (3) working days after award of any
contract or task order, and shall be submitted prior to the individual being permitted access to an AIS.
Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance
through the Defense Security Service shall process the NACs and forward visit requests/results of NAC to
the Honolulu Engineer District’s Security Officer (address above). For those contractors that do not have
a CAGE Code or Facility Security Clearance, the Honolulu Engineer District’s Security Office will
process the investigation in coordination with the Contractor and contract employees.

In accordance with Engineering Regulation, ER 380-1-18, Section 4, foreign nationals who work on
Corps of Engineers’ contracts or task orders shall be approved by the HQUSACE Foreign Disclosure
Officer or higher before beginning work on the contract/task order. This regulation includes
subcontractor employees. (NOTE: exceptions to the above requirement include foreign nationals who
perform janitorial and/or ground maintenance services.) The contractor shall submit to the District
Contract Office, the names of all foreign nationals proposed for performance under this contract/task
order, along with documentation to verify that he/she was legally admitted into the United States and has
authority to work and/or go to school in the US. Such documentation may include a US passport,
Certificate of US citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550
or N-570), foreign passport with I-551 stamp or attached INS Form I-94 indicating employment
authorization, Alien Registration Receipt Card with photograph (INS Form I-151 or I-551), Temporary
Resident Card (INS Form I-688), Employment Authorization Card (INS I-668A), Reentry Permit (INS
Form I-327), Refugee Travel Document (INS Form I-571), Employment Authorization Document issued
by the INS which contains a photograph (INS Form I-688B).

Classified contracts require the issuance of a DD Form 254 (Department of Defense Contract Security
Classification Specification).




S-8      UTILITY OUTAGES


Utility outages shall be as hereinafter specified, unless otherwise indicated or specified. Interruptions to existing
utilities shall be held to a minimum. Outages to facilitate connections to existing systems shall be scheduled to take
place during periods of minimum demand. The Contractor shall submit a planned schedule of outages to the
Contracting Officer for proper coordination with existing facilities, and shall notify the Contracting Officer in
writing not less than 07 days in advance of the intended interruptions. Planned schedule of outages shall include
specific dates, times, and anticipated duration of proposed outages. In the event the proposed outages interfere with
station operations, the Contracting Officer will consider or offer alternate dates and/or times. Outages may be
permitted during off-peak hours, hours of darkness, weekends, and holidays, at no additional cost to the
Government. Work shall be planned to minimize outages. No utility outage will be permitted until the Contractor
receives written approval from the Contracting Officer.

                                             [End of Statement]
                                                                                                W9128A-12-R-0010

                                                                                                       Page 33 of 33



S-9      SIGNAL LIGHTS


The Contractor shall display signal lights and conduct its operation in accordance with the General Regulations of
the Department of the Army and of the Coast Guard governing lights and day signals to be displayed by towing
vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels engaged in
laying cables or pipe or in submarine or bank protection operations, lights to be displayed on dredge pipe lines, and
day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel,
and the passing by other vessels of floating plant working in navigable channels, as approved by the Secretary of the
Army (33 C.F.R. 201.1-201.16) and theCommandant, U.S. Coast Guard (33 C.F.R. 80.18-80.31a and 33 C.F.R.
95.51-95.70)

                                             [End of Statement]



 
Introduction: Construction Project Signs                                     EP 310-1-6a
                                                                              01 Jun 06

The use of signs to identify Corps             All legends are to be die-cut or computer-
managed or supervised design, construc-        cut in the sizes and typefaces specified
tion, and rehabilitation projects - both for   and applied to the white panel back-
military and civil works - is an important     ground following the graphic formats
part of efforts to keep the public informed    shown on pages 16-2 and 16-3. The
of Corps work. For this purpose, a             Communication Red panel on the left
construction project sign package has          side of the construction project sign with
been adopted. This package consists of         Corps Signature (reverse version) is
two signs: one for project identification      screen-printed onto the white back-
and the other to show on-the-job safety        ground.
performance of the contractor.
                                               A display of these two signs is shown on
These two signs are to be displayed side       the following two pages. Mounting and
by side and mounted for reading by             fabrication details are provided on page
passing viewers. Exact placement               16-4.
location will be designated by the
contracting officer’s representative.    Special applications or situations not
                                         covered in these guidelines should be
The panel sizes and graphic formats have referred to the district Sign Program
been standardized for visual consistency Manager.
throughout all Corps operations.

Panels are fabricated using HDO plywood
or aluminum with dimensional lumber
uprights and bracing. The sign faces are
nonreflective vinyl.




      Section 00800, S-36.12                                          Appendix A
                                                                      Page 1 of 4 16-1
EP 310-1-6a                                          Construction Project Identification Sign
01 Jun 06

Below are two samples of the Construc-               with the full Corps Signature (reverse          This sign is to be placed with the Safety
tion Project Identification sign showing             version) is to be screen-printed Commu-         Performance sign shown on the following
how this panel is adaptable for use to               nication Red on the white background            page. Mounting and fabrication details
identify either military (top) or civil works        The designation of a sponsor in the area        are provided on page 16-4.
projects (bottom). The graphic format for            indicated is optional with Military or Civil
this 4’x 6' sign panel follows the legend            Works construction signs. Signs may list        Special applications or situations not
guidelines and layout as specified below.            one sponsoring entity. If agreement on a        covered in these guidelines should be
The large 4’x 4' section of the panel on             sponsor designation cannot be achieved,         referred to the district Sign Program
the right is to be white with black legend.          the area should be left blank.                  Manager.
The 2’x 4' section of the sign on the left


Legend Group 1: One- to two-line description                  3”                        3”                      42”                    3”
of Corps relationship to project.
Color: White
Typeface: 1.25" Helvetica Regular
Maximum line length: 19”                             4.5”                                                                                        6”
                                                       2”
Legend Group 2: Division or District Name                                                                                                        4.5”
(optional). Placed below 10.5” reverse              6.25”
Signature (6” Castle).                                                                                                                           4.5”
Color: White
Typeface: 1.25" Helvetica Regular                   10.5”                                                                                        6”
Legend Group 2a: One- to three-line identifica-                                                                                                  2.25”
tion of Military or Civil Works sponsor              2.5”
(optional). Place below Corps Signature to                                                                                                       9.5”
cross-align with Group 5a-b.
Color: White                                                                                                                                     1.875”
Typeface: 1.25" Helvetica Regular                                                                                                                1.875”
Maximum line length: 19"                                                                                                                         1.875”
                                                                                                                                                 1.875”
Legend Group 3: One- to three-line project title
legend describes the work being done under                                                                                                       7.75”
this contract.
Color: Black
Typeface: 3" Helvetica Bold
Maximum line length: 42"                                                                3”           21”         1”          21”       2”

Legend Group 4: One- to two-line identification
of project or facility (civil works) or name of
sponsoring department (military).
Color: Black
Typeface: 1.5" Helvetica Regular
Maximum line length: 42"

Cross-align the first line of Legend Group 4
with the first line of the Corps Signature (US
Army Corps) as shown.

Legend Groups 5a-b: One- to five-line
identification of prime contractors including:
type (architect, general contractor, etc.),
corporate or firm name, city, state. Use of
Legend Group 5 is optional.
Color: Black
Typeface: 1.25" Helvetica Regular
Maximum line length: 21"

All typography is flush left and rag right, upper
and lower case with initial capitals only as
shown. Letter- and word-spacing to follow
Corps standards as specified in Appendix D.

                                                     Sign       Legend       Panel           Post     Specification    Mounting      Color
                                                     Type       Size (A)     Size            Size     Code             Height        Bkg/Lgd
                                                     CID-01     various      4’x6’           4”x4”   HDO-3             48”           WH-RD/BK


                                                            Section 00800, S-36.12                                            Appendix A
                                                                                                                              Page 2 of 4 16-2
                                                    Safety Performance Sign                                                           EP 310-1-6a
                                                                                                                                       01 Jun 06

Each contractor’s safety record is to be            title with First Aid logo in the top section   mounted to the background to allow for
posted on Corps managed or supervised               of the sign, and the performance record        daily revisions to posted safety perfor-
construction projects and mounted with              captions are standard for all signs of this    mance record.
the Construction Project Identification             type. Legend groups 2 and 3 below
sign specified on page 16-2.                        identify the project and the contractor and    Special applications or situations not
                                                    are to be placed on the sign as shown.         covered in these guidelines should be
The graphic format, color, size and type-                                                          referred to the district Sign Program
faces used on the sign are to be repro-             Safety record numbers are mounted on           Manager.
duced exactly as specified below. The               individual metal plates and are screw-


Legend Group 1: Standard two-line title “Safety                      3”              33.030”               eq.   8”   eq.
is a Job Requirement” with 8” (outside
diameter) Safety Green first aid logo.
Color: To match Pantone system 347
Typeface: 3" Helvetica Bold                                    6”
Color: Black
                                                             4.5”
Legend Group 2: One- to two-line project title
legend describes the work being done under
this contract and name of host project.                     10.5”
Color: Black
Typeface: 1.5" Helvetica Regular
Maximum line length: 42"                                    2.25”
                                                               3”
Legend Group 3: One- to two-line identifica-                2.25”
tion: name of prime contractor and city, state                 3”
address. Color: Black                                                                                                          4.875”
Typeface: 1.5" Helvetica Regular                           4.875”                                                              .75”
Maximum line length: 42"                                                                                                       4.875”
                                                           4.875”
Legend Group 4: Standard safety record                                                                                         4.5”
captions as shown.                                          6.75”
Color: Black                                                                                                                   3”
Typeface: 1.25” Helvetica Regular

Replaceable numbers are to be mounted on                             3”                     42”                       3”
white .060 aluminum plates and screw-
mounted to background.
Color: Black
Typeface: 3" Helvetica Regular
Plate size: 2.5" x 4.5"

All typography is flush left and rag right, upper
and lower case with initial capitals only as
shown. Letter- and word-spacing to follow
Corps standards as specified in Appendix D.




                                                    Sign        Legend       Panel       Post       Specification     Mounting          Color
                                                    Type        Size (A)     Size        Size       Code              Height            Bkg/Lgd
                                                    CID-02      various      4’x4’       4”x4”     HDO-3              48”               WH/BK-SG




                                                                           2.25”         2.25”          2.25”              2.25”


                                                             .75”



                                                               3”




                                                             .75”
                                                                                                                                               16-3
                                                        Section 00800, S-36.12                                                          Appendix A
                                                                                                                                        Page 3 of 4
EP 310-1-6a                                          Fabrication and Mounting Guidelines
01 Jun 06

All Construction Project Identification              tions for HDO plywood panel preparation      For additional information on the proper
signs and Safety Performance signs are               are provided in Appendix B.                  method to prepare sign panel graphics,
to be fabricated and installed as de-                                                             contact the district Sign Program
scribed below. The signs are to be                   Shown below the mounting diagram is a        Manager.
erected at a location designated by the              panel layout grid with spaces provided for
contracting officer representative and               project information. Photocopy this page
shall conform to the size, format, and               and use as a worksheet when preparing
typographic standards shown on                       sign legend orders.
pages16-2 and 16-3. Detailed specifica-


The sign panels are to be fabricated from .75"
High Density Overlay Plywood. Panel
preparation to follow HDO specifications
provided in Appendix B.

Sign graphics to be prepared on a white
nonreflective vinyl film with positionable
adhesive backing.

All graphics except for the Communication
Red background with Corps Signature on the                                                                48”
project sign are to be die-cut or computer-cut
nonreflective vinyl, prespaced legends
prepared in the sizes and typefaces specified
and applied to the background panel following
the graphic formats shown on pages
16-2 and 16-3.                                                                                            48”
The 2’x 4’ Communication Red panel (to match
Pantone system 032) with full Corps Signa-
ture (reverse version) is to be screen-printed
on the white background. Identification of the
district or division may be applied under the                                                                      18”
signature with white cut vinyl letters prepared
to Corps standards.                                  Construction Project Identification Sign
                                                     Legend Group 1: Corps Relationship
Drill and insert six (6) .375" T-nuts from the
front face of the HDO sign panel. Position           1.
holes as shown. Flange of T-nut to be flush          2.
with sign face.
                                                     Legend Group 2: Division/District Name       Legend Group 2a: Military/Civil Works Sponsor
Apply graphic panel to prepared HDO
                                                     1.                                           1.
plywood panel following manufacturers’
instructions.                                        2.                                           2.

Sign uprights to be structural grade 4" x 4"         Legend Group 3: Project Title
treated Douglas Fir or Southern Yellow Pine,         1.
No.1 or better. Post to be 12' long. Drill six (6)   2.
.375" mounting holes in uprights to align with       3.
T-nuts in sign panel. Countersink (.5") back of
hole to accept socket head cap screw (4" x           Legend Group 4: Facility Name
.375").
                                                     1.
Assemble sign panel and uprights. Imbed              2.
assembled sign panel and uprights in 4' hole.
Local soil conditions and/or wind loading may        Legend Group 5: Contractor/A&E               Legend Group 5b: Contractor/A&E
require bolting additional 2" x 4" struts on
                                                     1.                                           1.
inside face of uprights to reinforce installation
as shown.                                            2.                                           2.
                                                     3.                                           3.
                                                     4.                                           4.
                                                     5.                                           5.

                                                     Safety Performance Sign
                                                     Legend Group 2: Project Title
                                                     1.
                                                     2.

                                                     Legend Group 3: Contractor/A&E
                                                     1.
                                                                                                                                        16-4
                                                     2.                                                                             Appendix A
                                                             Section 00800, S-36.12                                                 Page 4 of 4
                                                                                           RFP No. W9128A-12-R-0010
                                                                                     FY10 Maintenance and Repairs
                                                                                            Kunia, Hawaii

                                                                                             Section 00900
                                                                                         Requests for Information

 Q#                                                Question                                                                                           Response**
 1        What type of UPS system is currently installed?                                                       The existing UPS units are “Powerware/Exide Model #9315-300”

 2        What type of batteries are currently being utilized – closed cell sealed or wet cell?                 The existing UPS batteries are “C&D” valve regulated lead acid batteries.

 3        A) What is the capacity of the existing chilled water system?                                         A) See Appendix G, Server Room Study, Section III
          B) Is the Government assuming its capacity is adequate for the new indoor computer room               B) See Appendix G, Server Room Study, Section III
          units?

 4        A) Do the existing makeup air units serving the computer area comply with ASHRAE 62.1-                A) Yes
          2007 ventilation requirements?                                                                        B) Not applicable
          B) If not will the system be required to be upgraded to that standard?

 5        The RFP indicates new 2-way control valve packages. Are those just for the new computer               New two way valve packages only apply to the CRACUs that are being replaced or provided
          room units being installed or for both the new and existing units?                                    new.

 6        If the data racks need to be reconfigured will the Government perform this work?                      Yes

 7        The CFD modeling report mentions remodeling may be necessary, however, the RFP does                   Contractor shall perform a CFD model. Refer to Section 01 10 00, paragraph 17.4 of Am-
          not indicate CFD modeling in the scope of work. Please confirm that CFD remodeling is not             0002.
          required.

 8        Paragraph 1.1.1.5 Repair Aqua Storage Tank – “repair and replace corroded bolts” How                  70% of all fasteners to be replaced. Refer to Section 01 10 00, paragraph 12.2.5 of Am-
          many bolts should we assume? Request that the government give the bidding contractors                 0002.
          an estimated quantity of bolts to be replaced to ensure that all contractors are bidding the
          same scope of work.

Notes:
**.




RFP No.                                                                                           00900 Attachment 1
           W9128A-12-R-0010                                                                                                                  Page                                               1 of 1

				
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