Subcontractor Addendum by qho15767


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									                          ADDENDUM TO TERMS AND CONDITIONS
                          CONSTRUCTION-TYPE SUBCONTRACTS

In addendum to the previously listed clauses, the following shall become a binding part of this
contract. Full text copies shall be provided upon request from subcontractor.

      CLAUSE TITLE                                          FAR REFERENCE              DATE

1.    Gratuities                                            52.203-3                   APR 1984
2.    Audit and Records – Negotiation                       52.215-2                   JUN 1999
3.    Utilization of Small Business Concerns                52.219.8                   MAY 2004
4.    Payment for Overtime Premiums                         52.222.2                   JUL 1990
5.    Davis-Bacon Act                                       52.222-6                   JUL 2005
6.    Withholding of Funds                                  52.222-7                   FEB 1988
7.    Payroll and Basic Records                             52.222-8                   FEB 1988
8.    Apprentices and Trainees                              52.222-9                   JUL 2005
9.    Compliance with Copeland Act Requirements             52.222-10                  FEB 1988
10.   Subcontract (Labor Standards)                         52.222-11                  JUL 2005
11.   Contract Termination-Debarment                        52.222-12                  FEB 1988
12.   Compliance with Davis-Bacon and Related Act           52.222-13                  FEB 1988
13.   Disputes Concerning Labor Standards                   52.222-14                  FEB 1988
14.   Certification of Eligibility                          52.222-15                  FEB 1988
15.   Notice of Requirement for Affirmative Action to       52.222-23                  FEB 1999
      Ensure Equal Employment Opportunity for
16.   Affirmative Action Compliance Requirements for        52.222-27                  FEB 1999
      Construction $10,000
17.   Notice of Buy American Act/Balance of Payments        52.225-10                  MAY 2002
      Program Requirement – Construction Materials
18.   Buy American Act – Construction Materials under       52.225.11                  JAN 2006
      Trade Agreements (over $6,725,000)
19.   Patent Indemnity-Construction Contracts               52.227-4                   APR 1984
20.   Patent Rights – Retention by the Contractor           52.227.11                  JUN 1997
      (Short Form)
21.   Additional Bond Security                              52.228-2                   OCT 1997
22.   Worker’s Compensation Insurance                       52.228.3                   ARP 1984
      (Defense Base Act)
23.   Insurance Work on a Government Installation           52.228-5                   JAN 1997
      (Amounts applicable covered in Appx J)
24.   Performance and Payment Bonds – Construction          52.228-15                  SEP 2005
      Over $100,000
25.   Taxes – Cost Reimbursement Contracts with             52.229.9                   MAR 1990
      Foreign Governments
26.   Payments Under Fixed-Price Construction               52.232-5                   SEP 2002
27.   Assignment of Claims                                  52.232-23                  JAN 1986
28.   Prompt Payment for Construction Contracts             52.232-27                  SEP 2005
29.   Differing Site conditions                             52.236-2                   APR 1984
30.   Site Investigation and Conditions Affecting the       52.236-3                   APR 1984
31.   Materials and Workmanship                             52.236-5                   APR 1984
32.   Superintendence by the Subcontractor                  52.236-6                   APR 1984

33.   Permits and Responsibilities                           52.236-7                   NOV 1991
34.   Other Subcontracts                                     52.236-8                   APR 1984
35.   Protection of Existing Vegetation, Structures,         52.236-9                   APR 1984
      Equipment, and Improvements
36.   Operations and Storage Areas                           52.236-10                  APR 1984
37.   Use and Possession Prior to Completion                 52.236-11                  APR 1984
38.   Cleaning Up                                            52.236-12                  APR 1984
39.   Work Oversight in Cost-Reimbursement                   52.236.18                  APR 1984
      Construction Contracts
40.   Organization and Direction of the Work                 52.236.19                  ARP 1984
41.   Specifications and Drawings for Construction           52.236-21                  FEB 1997
42.   Design Within Funding Limitations                      52.236-22                  APR 1984
43.   Responsibility of the Architect-Engineer               52.236.23                  APR 1984
44.   Work Oversight in Architect-Engineer Contracts         52.236.24                  APR 1984
45.   Preparation of Proposals – Construction                52.236.28                  OCT 1997
46.   Certification of Final Indirect Costs                  52.242.4                   JAN 1997
47.   Suspension of Work                                     52.242.14                  APR 1984
48.   Changes – Fixed Price                                  52.243.1                   AUG 1987
49.   Changes – Cost Reimbursement                           52.243.2                   AUG 1987
50.   Changes – Time and Materials or Labor-Hours            52.243.3                   SEP 2000
51.   Changes $25,000                                        52.243.4                   AUG 1987
52.   Changes and Changed Conditions $25,000                 52.243-5                   APR 1984
53.   Inspection of Construction                             52.246.12                  AUG 1996
54.   Warranty of Services                                   52.246.20                  MAY 2001
55.   Warranty of Construction                               52.246.21                  APR 1984
56.   Limitation of Liability                                52.246.23                  FEB 1997
57.   Limitation of Liability – Services                     52.246.25                  FEB 1997
58.   Value Engineering – Architect-Engineer                 52.248.2                   MAR 1990
59.   Value Engineering - Construction $100,000              52.248-3                   FEB 2000
60.   Termination for Convenience of the Government          52.249-1                   APR 1984
      (Short Form)
61.   Termination (Cost-Reimbursement)                       52.249.6                   MAY 2004
62.   Default $25,000                                        52.249-10                  APR 1984

1.    Modification Proposals - Price Breakdown               252.236-7000               DEC 1991
2.    Contract Drawings and Specifications                   252.236-7001               AUG 2000

Laws Applicable to Construction of Subcontracts

This Subcontract shall be considered as having been executed in the State of Virginia, and the
laws of the commonwealth of Virginia shall be applicable in the interpretation and construction of
the provisions herein and in determining the respective rights and obligations of the parties

Employment Non-U.S. Citizens

No non-U.S. citizen in Subcontractor’s employment or the employ of any Subcontractor of a
Lower-tier shall be permitted to have access to the drawings, plans, or specifications, or to the
work hereunder, unless the written consent of Alliant Techsystems Inc has first been obtained.


This Subcontract is assignable in whole or in part to the Government by Alliant Techsystems Inc.
Neither this Subcontract, nor any interest herein, is assignable by Subcontractor except with the
express written consent of Alliant Techsystems Inc. If the government shall elect to require an
assignment of this Subcontract to it by Alliant Techsystems Inc, Subcontractor agrees that its
rights to payment of any then unpaid sums and any other rights which it may have under this
Subcontract shall be against the government and not against Alliant Techsystems Inc, to the
extent that such assignment shall so provide.

Payroll Forms

All payrolls submitted under this Subcontract shall be submitted weekly and in duplicate on the
payroll forms supplied by Alliant Techsystems Inc, identified as (DUP 6112 Instructions for
Completing Payroll). Payrolls are to be mailed directly to the engineering on the project. If
documents are handwritten, they must be done so in ink. No other type payroll form or computer
printout is acceptable. Subcontractor must satisfy all payroll requirements of this Subcontract
prior to Alliant Techsystems Inc executing final payment. This clause supersedes mention of any
other reference to payroll forms identified elsewhere in these General Provisions.

Bonds Under Government Funding

(Reference – FAR 52.228-15) Applicable if Subcontract exceeds $100,000) (JUL 2000)

The Subcontractor shall, at its own expense, furnish Alliant Techsystems Inc, with a Performance
and a Payment Bond each in an amount equal to at least one hundred percent (100%) of the
amount of this Subcontract and on a form approved by Alliant Techsystems Inc. Said bonds shall
be furnished by a Surety approved by the Treasury Department or other acceptable security as
prescribed in the approved bond forms. Each such bond shall contain a provision to the effect that
the rights of Alliant Techsystems Inc, thereunder may be assigned to the United States of America
or a Department or Agency thereof without in any way invalidating or qualifying the bond.

Bonds Under Radford Army Ammunition Plant Funding

The Subcontractor shall, at its own expense, furnish Alliant Techsystems Inc, with a Performance
and a Payment Bond each in an amount equal to at least fifty percent (50%) of the amount of this
Subcontract and on a form approved by Alliant Techsystems Inc. Said bonds shall be furnished by
a Surety approved by the Treasury Department or other acceptable security as prescribed in the
approved bond forms. Each such bond shall contain a provision to the effect that the rights of
Alliant Techsystems Inc, thereunder may be assigned to the United States of America or a
Department or Agency thereof without in any way invalidating or qualifying the bond.

Payments under Fixed-Price Construction Contracts

FAR 52.232-5 (SEP 2002)

Not withstanding the language in paragraphs e through i below, Alliant Techsystems Inc will
withhold 10 percent retainage from all progess payments.
(a) Alliant Techsystems Inc shall pay the Subcontractor the Subcontract price as provided in this
(b) Alliant Techsystems Inc shall make progress payments monthly as the work proceeds, or at
    more frequent intervals as determined by Alliant Techsystems Inc, on estimates of work
    accomplished which meets the standards of quality established under the Subcontract, as
    approved by Alliant Techsystems Inc. The Subcontractor shall furnish a breakdown of the total

    contract price showing the amount included therein for each principal category of the work,
    which shall substantiate the payment amount requested in order to provide a basis for
    determining progress payments, in such detail as requested by Alliant Techsystems. In the
    preparation of estimates, Alliant Techsystems Inc may authorize material delivered on the site
    and preparatory work done to be taken into consideration. Material delivered to the
    Subcontractor at locations other than the site may also be taken into consideration if-
                 (1) Consideration is specifically authorized by the Subcontract, and
                 (2) The Subcontractor furnishes satisfactory evidence that it has acquired title to
                      such material and that the material will be used to perform this Subcontract.
(c) Along with each request for progress payments, the Subcontractor shall furnish the following
    certification, or payment shall not be made:
    I hereby certify, to the best of my knowledge and belief, that -
                 (1) The amounts requested are only for performance in accordance with the
                      specifications, terms, and conditions of the Subcontract;
                 (2) Payments to Lower-Tier Subcontractors and suppliers have been made from
                      previous payments received under the Subcontract, and timely payments will
                      be made from the proceeds of the payment covered by this certification, in
                      accordance with Subcontract agreements and the requirements of Chapter 39
                      of Title 31, United States Code; and
                 (3) This request for progress payments does not include any amounts which Alliant
                      Techsystems Inc intends to withhold or retain from a Subcontractor or supplier
                      in accordance with the terms and conditions of the Subcontract.




(d) If the Subcontractor, after making a certified request for progress payments, discovers that a
   portion or all of such request constitutes a payment for performance by the Subcontractor that
   fails to conform to the specifications, terms, and conditions of this Subcontract (hereinafter
   referred to as "unearned amount"), the Subcontractor shall-
                 (1) Notify Alliant Techsystems Inc of such performance deficiency; and
                 (2) Be obligated to pay Alliant Techsystems Inc an amount (computed by Alliant
                     Techsystems Inc in the manner provided in 31 U.S.C 3903(c)(1)) equal to
                     interest on the unearned amount from the date of receipt of the unearned
                     amount until-
                           (i) The date the Subcontractor notifies Alliant Techsystems Inc that the
                                performance deficiency has been corrected; or
                           (ii) The date the Subcontractor reduces the amount of any subsequent
                                certified request for progress payments by an amount equal to the
                                unearned amount.
(e) If Alliant Techsystems Inc finds that satisfactory progress was achieved during any period for
     which a progress payment is to be made, Alliant Techsystems Inc may authorize payment to be
     made in full. However, if satisfactory progress has not been made, Alliant Techsystems Inc

     may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is
     achieved. When the work is substantially complete, Alliant Techsystems Inc may retain from
     previously withheld funds and future progress payments that amount Alliant Techsystems Inc
     considers adequate for protection of Alliant Techsystems Inc and shall release to the
     Subcontractor all the remaining withheld funds. Also, on completion and acceptance of each
     separate building, public work, or other division of the Subcontract, for which the price is stated
     separately in the Subcontract, payment may be made for the completed work without retention
     of a percentage.
(f) All material and work covered by progress payments made shall, at the time of payment, become
     the sole property of Alliant Techsystems Inc , but this shall not be construed as-
                 (1) Relieving the Subcontractor from the sole responsibility for all material and work
                      upon which payments have been made or the restoration of any damaged
                      work; or
                 (2) Waiving the right of Alliant Techsystems Inc to require the fulfillment of all of the
                      terms of the Subcontract.
(g) In making these progress payments, Alliant Techsystems Inc shall, upon request, reimburse the
    Subcontractor for the amount of premiums paid for performance and payment bonds (including
    coinsurance and reinsurance agreements, when applicable) after the Subcontractor has
    furnished evidence of full payment to the surety. The retainage provisions in paragraph (e)
    above shall not apply to that portion of progress payments attributable to bond premiums.
(h) Alliant Techsystems Inc shall pay the amount due the Subcontractor under this Subcontract
                 (1) Completion and acceptance of all work;
                 (2) Presentation of a properly executed voucher; and
                 (3) Presentation of release of all claims against Alliant Techsystems Inc and the
                      Government arising by virtue of this Subcontract.
 (i) Notwithstanding any provision of this Subcontract, progress payments shall not exceed 80
     percent on work accomplished on undefinitized Subcontract actions. A "Subcontract action" is
     any action resulting in a Subcontract, as defined in FAR Subpart 2.1, including Subcontract
     modifications for additional supplies or services, but not including Subcontract modifications
     that are within the scope and under the terms of the Subcontract, such as Subcontract
     modifications issued pursuant to the Changes clause, or funding and other administrative

DUP9037 – Rev 1 01/03/07


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