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									    SOLICITATION, OFFER,                  1. SOLICITATION NO.                2. TYPE OF SOLICITATION          3. DATE ISSUED                PAGE OF PAGES
        AND AWARD                                                              X SEALED BID      (IFB)        15-Aug-2011
                                            W912CM-11-B-0115                                                                                       1 OF   36
 (Construction, Alteration, or Repair)                                             NEGOTIATED (RFP)

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

4. CONTRACT NO.                                5. REQUISITION/PURCHASE REQUEST NO.                              6. PROJECT NO.
                                               WK4US11101K046-0001                                              DR-BB073-1J

7. ISSUED BY                           CODE      W912CM                             8. ADDRESS OFFER TO        (If Other Than Item 7) CODE
                                                                                       See Item 7

TEL:                                     FAX:                                        TEL:                                     FAX:
9. FOR INFORMATION                A. NAME                                                   B. TELEPHONE NO.      (Include area code)        (NO COLLECT CALLS)
CALL:                             GERD RITTWEILER                                           0611-816-2149


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):
Replacement of DPW Thaw ing Salt Storage, Bldg. #8150, USAG Baumholder

 Questions concerning this IFB shall be submitted in w riting to address in Block 7 above, ATTN: CCEC-EUC-E-W

 FSC: Z 179

 Magnitude of Work: Betw een $ 250,000 and 500,000

 Bidders must ensure that all requirements for fill-ins are completed (See Section K) or have updated information in ORCA (

 Bids may be mailed to address in Block 7 above or carried and placed in the ‘Bid Box’ situated on 3rd floor (same address as Block 7 above)
 or e-mailed to: gerd.rittw

                                                     10                                            180
11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving
X aw ard,        notice to proceed. This performance period is       X mandatory,        negotiable.           52.211-10
                                                                                                         (See _________________________ .)
(If "YES," indicate within how many calendar days after award in Item 12B.)

           YES     X NO

                                    1                                                                                          02:00 PM
A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specified in Item 8 by ___________ (hour)
                15 Sep 2011
   local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers
   shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee       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.
D. Offers providing less than _______ calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

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

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

                                                                                           See Item 14

CODE                                   FACILITY CODE

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


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



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

                                                                   AWARD (To be completed by Government)

22. AMOUNT                               23. ACCOUNTING AND APPROPRIATION DATA

(4 copies unless otherwise specified)                                                                10 U.S.C. 2304(c)                         41 U.S.C. 253(c)

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

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

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

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

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

                                                                                                Page 3 of 36

    Section B - Supplies or Services and Prices

ITEM NO    SUPPLIES/SERVICES      QUANTITY            UNIT             UNIT PRICE                       AMOUNT
0001                                    1           Lump Sum
           Replacement of DPW Thawing Salt Storage Building

           Replacement of DPW Thawing Salt Storage Building, Bldg # 8150, USAG
           Baumholder in accordance with Attachment #1, Specifications, Project Number
           BHR-DR-BB073-1J, dated 21 Jul 11, 50 pages and Attachments #2 - 5, Drawings,
           8 pages.

           NOTE: For technical information please contact:
               Mr. Bernd Conrad, Tel.: 06783-6-7262.

           Bids will be accepted in US Dollar or Euro currency only.


           FOB: Destination
           PURCHASE REQUEST NUMBER: WK4US11101K046-0001

                                                                       NET AMT

                                                                                                             Page 4 of 36

Section C - Descriptions and Specifications



a. The contractor shall furnish the necessary personnel, supervision, supplies and services required to perform the
work set forth in this contract. This includes, but is not limited to the following: transportation, vehicles, materials,
facilities (except as otherwise specified).

(a.) Der Auftragsnehmer hat erforderliches Personal, Beaufsichtigung, Lieferungen und Leistungen zur Verfügung zu
stellen, die für die Ausführung der nachstehend in diesem Vertrag angegebenen Arbeiten nötig sind. Dies beinhaltet
unter anderem: Transport, Fahrzeuge, Materialien, Einrichtung (soweit nicht anders angegeben).

b. The contractor is obligated to guarantee the completeness of the specified work. The performance of work and
incidental labor that necessarily occurs during work accomplishment will be included whether or not specifically
mentioned herein.

(b.) Fuer die angebotene Leistungen uebernimmt der Auftragnehmer die Verpfichtung der Vollstaendigkeit,
d.h. Leistungen und Nebenleistungen, die sich mit der Ausfuehrung der ausgeschriebenen Positionen
zwangslaufig ergeben, sind einzukalkulieren, auch wenn diese im Leistungsverzeichnis nicht ausdruecklich
aufgefuehrt sind.)

c. Quantities and measurements are estimated for the contractor’s orientation, and have to be verified by the
contractor at the job site prior to submission of an offer.

(c.) Massen und Mengen sind geschaetzt und dienen dem Bieter, der sich vor der Erstellung und Abgabe seines
Angebotes an Ort und Stelle von der Richtigkeit der Mengen und Massen ueberzeugen muss, lediglich als

d. The contractor guarantees use and installation of the materials, products, and components specified in the
solicitation or of the brand-name-or-equal substitutes listed in his/her proposal and accepted by the Government.

(d.) Der Unternehmer garantiert die Verwendung und den Einbau der ausgeschriebenen Materiallen, Produkte, und
Geräte oder des in seinem angebot aufgefürten und von der Regierung akzeptierten jeweilligen gleichwertigen

e. For accomplishment of this project, the current edition of the applicable German DIN Standards, VDE-
Regulations, Accident Prevention Regulations of the Trade Unions and Fire Prevention Regulations shall apply.

(e.) Fuer die Ausfuehrung des Projektes gelten die neuesten DIN-Normen, VDE-Vorschriften,
Unfallverhuetungsvorschriften der Berufsgenossenschaften und Feurerverhuetungsvorschriften.)

f. At all times the contractor shall keep a complete set of specifications in the German and English language at the
job site, including drawings and static calculations if part of the contract.

(f.) Der Auftragnehmer soll jederzeit die komplette Ausschreibung in deutschem und englischem Text sowie, fall
bestandteil der Vertrages, Zeichnungen und statische Berechnungen auf der Baustelle bereithalten.)

g. If not specified otherwise material furnishing and installation shall be included in all items.

(g.) Sofern nicht anders beschrieben ist Materiallieferung und Einbau in allen Positionen enthalten.)

h. Construction site shall be left secure against unauthorized entry at the end of each working day as directed by the

                                                                                                      Page 5 of 36


(h.) Die Baustelle soll am Ende eines jeden Arbeitstages entsprechend den Angaben des COR gegen unbefugtes
Betreten gesichert sein.)

i. Necessary scaffolding, working platforms and supporting measures shall be included in the lump sum price.

(i.) Notwendige Gerueste, Arbeitsbuehnen und Abstuetzmassnahmen sind im Pauschalpreis eingeschlossen.)

PLEASE NOTE: German Translation is provided for information only.

                                                                                                           Page 6 of 36

Section E - Inspection and Acceptance



(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the
work performed under the contract conforms to contract requirements. The Contractor shall maintain complete
inspection records and make them available to the Government. All work shall be conducted under the general
direction of the Contracting Officer and is subject to Government inspection and test at all places and at all
reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of
this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract
requirement, nor is the inspector authorized to change any term or condition of the specification without the
Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material
reasonably needed for performing such safe and convenient inspections and tests as may be required by the
Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when
work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes
reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not
unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to
contract requirements, unless in the public interest the Government consents to accept the work with an appropriate
adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or
otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the
Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by
removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and
material. If the work is found to be defective or nonconforming in any material respect due to the fault of the
Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory
reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an
equitable adjustment for the additional services involved in the examination and reconstruction, including, if

                                                                                                         Page 7 of 36

completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after
completion and inspection, all work required by the contract or that portion of the work the Contracting Officer
determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud,
gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

                                                                                                        Page 8 of 36

Section F - Deliveries or Performance



The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the
Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready
for use not later than 180 calendar days after receiving notice to proceed. The time stated for completion shall
include final cleanup of the premises.

(End of clause)


CCE 204-4000       U.S. AND HOST NATION HOLIDAYS (March 2005)

US Holidays Work Shall Not be performed on U.S. holidays occurring during the normal workweek. When a U.S
holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday,

Host Nation Holidays Work Shall Not be performed on local Host Nation* holidays occurring during the normal
* Local host nation holidays occur in the region/state where contract performance takes place.

The U.S. holidays are:                                        The Netherlands holidays are:
New Year's Day            January 1st                         New Year’s Day          01 January
M L King Memorial Day     3d Monday in January                Good Friday             Varies yearly
Presidents' Day           3d Monday in February               Easter Monday           Varies yearly
Memorial Day              last Monday in May                  The Queen’s Birthday    30 April
Independence Day          July 4th                            Ascension Day           Varies yearly
Labor Day                 1st Monday in September             Whit-Monday             Varies yearly
Columbus Day              2d Monday in October                Christmas Day           25 December
Veterans' Day             November 11th                       Boxing Day              26 December
Thanksgiving Day          4th Thursday in November
Christmas Day             December 25th

The Belgium holidays are:                                     Luxembourg holidays are:
New Year’s Day               01 January                       New Year’s Day         01 January
Easter Monday                varies yearly                    Carnival Monday        varies yearly
Labor Day                    01 May                           Easter Monday          varies yearly
Ascension Day                varies yearly                    May Holiday            01 May
Bank Holiday                 varies yearly                    Ascension Day          varies yearly
Whit-Monday                  varies yearly                    Whit-Monday            varies yearly
National Independence Day    21 July                          National Holiday       23 June
Assumption                   15 August                        Assumption             01 November
All Saints Day               01 November                      All Souls’ Day         02 November
Armistice Day                11 November                      Christmas Day          25 December
Dynasty Day                  varies yearly                    Christmas Day          26 December

                                                                                                               Page 9 of 36

Christmas Day                 25 December                        Boxing Day                   26 December

The German national and local holidays are:
New Years Day                                                                01 January
Three King's Day (Only in Baden Wurttemberg and Bavaria)                     06 January
Good Friday                                                                  varies yearly
Easter Monday                                                                varies yearly
Labor Day                                                                    01 May
Ascension Day                                                                varies yearly
Whit Monday                                                                  varies yearly
Corpus Christi (Only in Baden-Wurttemberg, Bavaria, Hessen,                  varies yearly
         Nordrhein- Westphalia,Rhineland-Palatinate and Saarland)
Assumption Day (Only in Saarland and Roman Catholic                          15 August
         areas of Bavaria)
Day of German Unity                                                          03 October
All Saints' Day (Only in Baden-Wuerttemberg, Bavaria,                        01 November
 North Rhine-Westphalia, Rhineland-Palatinate and Saarland)
1st Christmas                                                                25 December
2nd Christmas Day                                                            26 December

                                                  (End of local clause)

CCE 236-4003       NOTICE TO PROCEED (March 2005)

The notice to proceed will be provided as indicated below:

[ XX ] The effective date of contract will constitute the date of notice to proceed.

[      ] A notice to proceed letter will be issued.

[      ] The date of the letter transmitting the contract will constitute the date of the notice to proceed.

                                                  (End of local clause)

                                                                                                         Page 10 of 36

Section G - Contract Administration Data



(a) Wide Area Work Flow (WAWF): Submitting payment requests and receiving reports in electronic form.

     “Only contractors who are registered and have an active account in the Central Contractor Registration
    (CCR) may be awarded a contract as a result of this solicitation, and all invoices and payments will be
    made using the WAWF system.”

    In addition, contractor’s CCR registration prior to initiating evaluation of proposals is absolutely necessary.

(b) Partial payments are authorized.

(c) The COR will verify and certify that supplies or services had been provided in accordance with the terms and
    conditions of this contract, verify and certify correctly completed invoices and authorized payment using the
    WAWF system. The COR of this contract is:

                             Ms. Friedrike Schummel
                             Tel: 06783-6-7262

(d) Administration Office:

                             Regional Contracting Office Wiesbaden
                             409th Contracting Support Brigade Europe
                             Attn: CCEC-EUC-E-W (Gerd Rittweiler)
                             Konrad Adenauer Ring 39
                             65187 Wiesbaden, Germany
                             Tel: 0611-816-2149


                                                                                                        Page 11 of 36

Section H - Special Contract Requirements


(March 2005)

Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to
short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor
as much notice as possible in the event of such inspections. The contractor shall provide access to such structures
and containers at the request of the Government. The Contractor shall report such inspections to the Contracting
Officer in writing within ten (10) calendar days of completion of the inspection. Contractor-owned or controlled
structures and/or containers on U.S. installations may have to be inspected to comply with the CFE treaty even if
Contractor personnel are unavailable to provide access. Any costs borne by the Contractor or any impact on contract
performance as a result of the inspection will be a matter of negotiation between the Contractor and the Contracting

                                                (End of local clause)



Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The
Contractor shall determine whether performance requires registration with German authorities or authorization to do
business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to
do business is required, the Contractor also shall determine what documents or authorization its employees and any
subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its
employees and subcontractor employees possess such documents or authorizations.

Contractor employees who:
        (a) are not nationals of Germany or other European Union countries, and
        (b) are not members of the force, the civilian component or their dependents, and
        (c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the
        NATO SOFA shall possess work and residence permits.

By acceptance of and performance under this contract and any task orders or delivery orders issued hereunder, the
Contractor affirms that it has complied with the requirements above.
Compliance with this clause and German law is a material contract requirement. Noncompliance by the Contractor
or Subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this
contract, task order, or delivery order for default.

                                                (End of local clause)


                                                                                                          Page 12 of 36

(a) Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are
authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain
required documentation or clearances in accordance with AE Regulation 190-16, Installation Access Control, will be
grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that
any Subcontractor used in performance of this contract complies with these requirements and that all employees, of
both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these

(b) The Contractor is responsible for being aware of and complying with the requirements associated with
Installation Access Control. The Government is not liable for any costs associated with performance delays due
solely to a firm’s failure to comply with Installation Access Control (IAC) processing requirements.

(c) The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office
(IACO) when the contract is completed or when a contractor employee no longer requires access.

(d) AE 190-16 (and AE 190-16-G German translation) can be found on the following website: http://www.ecc- under the library link

(e) Below is the responsible Organizational Sponsor & Installation Access Control Office for this contract:

1. Sponsoring Organization: U.S. Army Garrison, Baumholder

2. Primary Installation Access Control Program Manager:

Mr. TODD S. GUYETTE, Director of Emergency Services
Location:     Bldg. No. 8720, Baumholder
Tel. No.:             Mil: 485-1580 OR 8014; Civ.: +49 (0)6783-6-1580

3. Alternate Installation Access Control Program Manager:

Location:         Bldg. No. 8698, Baumholder
Tel. No.:                 Mil: 485-6384; Civ.: +49 (0)6783-6-6384

4. Primary Installation Access Control Officer (IACO):

Location:   Bldg. No. 8720 Baumholder
Tel. No.:           Mil: 485-8668; Civ: +49 (0)6783-6-8668
Fax No.:    Mil: 485-7366; Civ: +49 (0)6783-6-7366

                                                 (End of local clause)

(GERMANY) (March 2005)

 The Contractor shall comply with FAR 52.236-13, ACCIDENT PREVENTION, (November 1991), the references
contained therein (e.g. EM 385-1-1), and applicable Host Nation Safety Laws and Regulations.

The requirements under FAR 52.236-13 and specifically of the EM 385-1-1 include, but are not limited to the

                                                                                                          Page 13 of 36

a.   Before initiation of work at the job site, an accident prevention plan, written by the Contractor for the specific
     work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1, will be
     approved by designated Government personnel. Specific requirements for development of the accident
     prevention plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at

b.   Before beginning each activity involving a type of work presenting hazards not experienced in previous project
     operations or where a new work crew or subcontractor is to perform work, activity hazard analysis (AHA) shall
     be prepared by the Contractor performing the work activity (See paragraph 01.a.09 of EM 385-1-1).

c.   The Contractor shall require subcontractors to submit their plan of operations showing methods they propose to
     use in accomplishing major phases of work.

d.   The Contractor shall discuss the plans in conferences convened by the Contracting Officer prior to starting work
     on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads,
     access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead
     loads, and methods of access to work areas. The plan for accomplishing the initial work phase shall be
     submitted within 15 calendar days after award of the contract. Plans for subsequent major phases of work shall
     be submitted no later than 15 calendar days prior to initiation of work on each major phase.

e.   In all areas where construction, demolition, alteration, building, or similar related activities take place, the
     contractor shall have the following minimum personal protective clothing and equipment requirements in place
     for any person working on or visiting the site:

     1.   Short sleeve shirt.
     2.   Long trousers.
     3.   Steel-toed safety boots.
     4.   Hard hat.

In addition to other requirements for accident prevention specified in this contract, the Contractor is responsible for
compliance with all Federal and State requirements governing safety and health protection on construction sites and
other applicable occupational safety codes. In particular, within the requirements of the German Safety and Health
Protection Regulation for Construction Sites, Baustellenverordnung (BaustellV), dated 10 June 1998, the Contractor
is responsible for coordination of all work at the site, including development of plans and providing advance notices.
The Contractor shall indicate his plan for compliance considering conditions of the work described by the design,
technical proposal, operational activities of the Government or others in the area of the work, identification of the
coordinator, and implementation of all other accident prevention provisions of this contract. For the compliance
with host nation laws and regulations, the contractor will assure that he complies with the non-exclusive list of duties
described in this clause. If the contractor determines that additional activities are required to fully comply, the
contractor shall assure that compliance with the laws is complete. The duties include:

     a.   Conditions of construction and operational activities to be considered include but are not limited to:

          1.   For all construction activities meeting the following criteria:

          -    the work is scheduled to last longer than 30 working days an on which more than 20 workers are
               occupied simultaneously, or
          -    the volume of work is scheduled to exceed 500 person days, or
          -    the work presents particular tasks, e.g. excavations deeper than 5 meters, falls from a height of greater
               than 7 meters, exposures to hazardous chemical or biological substances, work at less than 5 meters
               form high voltage lines, underground earth works or tunnels, danger of drowning, diving, use of
               compressed air, work with ionizing radiation, explosives, or work involving assembly or dismantling of
               heavy prefabricated components (10 tons or greater).

                                                                                                          Page 14 of 36

    b.   If the Contractor determines that the BaustellV, dated 10 June 1998, applies, the Contractor shall prepare a
         Safety and Health Protection Plan (SIGE) as required under that regulation. The SIGE shall be submitted
         two weeks prior to mobilization. In addition, the Contractor shall appoint a qualified Safety Coordinator
         who will ensure that safety measures are implemented during construction. The Safety Coordinator must
         meet minimum training and experience requirements required under Host Nation laws.

    c.   The SIGE will be written in a comprehensive form and explained in language the workers understand and
         shall contain the following minimum information:

         1.   Maintenance of tools and equipment.
         2.   Provisions for the storage and disposal of materials and waste, particular hazardous materials and
         3.   Modifying performance periods for such work, taking into consideration the site conditions.
         4.   Organizing cooperation between different employers and contractors without employees.
         5.   Interaction between work at the site and other operational activities in the area, on which or near which
              the first identified work will be performed, and taking into consideration the instructions and advice of
              the coordinator as well as safety and health plans.

    d.   The Contractor is responsible for completing and providing any safety notifications required by host nation
         authorities and will provide proof to the Contracting Officer that such notifications were made.

                                                 (End of local clause)

CCE 236-4001       PERMITS AND RESPONSIBILITIES (March 2005)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary
licenses and permits, and for complying with any applicable laws, codes, and regulations applicable to the
performance of the work. The Contractor shall also take proper safety and health precautions to protect the work, the
workers, the public, and the property of others. The Contractor shall be responsible for all damages to persons or
property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all
materials delivered and work performed until completion and acceptance of the entire work, except for any
completed unit of work that may have been accepted under the contract.

                                                 (End of local clause)


All contractor personnel attending meetings, answering Government telephones, and working in other situations
where their contractor status is not obvious are required to identify themselves as such to avoid being mistaken for
Government officials. Contractors performing work at Government workplaces will provide their employees with an
easily readable identification (ID) badge indicating the employee’s name, the contractor’s name, the functional area
of assignment, and a recent color photograph of the employee. Contractors shall require their employees wear the ID
badges visibly when performing work at Government workplaces. Contractor personnel must also ensure that all e-
mails, documents or reports they produce are suitably marked as contractor products or that contractor participation
is appropriately disclosed.

                                                                                                        Page 15 of 36

                                                (End of local clause)


The Contractor certifies that all electrical and electronic equipment and/or appliances furnished are in compliance
with the Electromagnetic Compatibility Directive 89/336/EEC. For radio transmitting and telecommunication
devices furnished in the Federal Republic of Germany, the Contractor certifies that all such items have been
approved by the Bundesamt fuer Zulassungen. Any penalties for noncompliance imposed by the Government of the
European country where the equipment or appliances are delivered or product liability claims caused by interference
generated by furnished appliances or equipment are solely the responsibility of the Contractor.

                                                (End of local clause)


a.   This contract is subject to the German pricing regulations (Verordnung (Decree) PR No. 30/53, PR No. 1/89
     including all revisions, changes and modifications thereto).
     These ordinances, documents or other publications, of the issue in effect shall apply and form part of this
     contract and pertains to any German contractor or any non-German contractor having its domicile in Germany.
     The Verordnung (Decree) authorizes the German Price Control Office to audit the prices offered by the
     contractor for this contract as well as the contractor’s compliance with the other provisions of the Verordnung
b.   These regulations require the contractor to provide on request documentation regarding the basis for its prices
     and other aspects of its compliance with the regulations to the German Price Control Office. The contractor will
     obligate his subcontractors to grant the same examination rights to the customer as he has agreed to towards the
c.   Failure by the contractor to comply with the requirements is punishable under the provision of the Commercial
     Penal Code (Wirtschaftsstrafgesetz). The US Government is entitled to withhold up to twenty percent (20%) of
     the contract price until completion of the audit.

a.   Dieser Vertrag unterliegt den deutschen Preisgestaltungsregeln fuer oeffentliche Vertraege (Verordnung PR Nr.
     30/53 und PR Nr. 1/89 einschliesslich aller Aenderungen,
     Revisionen und Modifizierungen hierzu). Diese Regeln und Verordnungen und andere Publizierungen, in der
     gerade gueltigen Fassung, sollen anwendet werden und sind fuer jeden deutschen und jeden nicht-deutschen
     Vertragsnehmer mit Sitz in Deutschland gueltig. Die Verordnungen genehmigen deutschen
     Preiskontrollbehoerde sowohl die Pruefung der vom Vertragsnehmer fuer diesen Vertrag angebotenen Preise,
     als auch von dessen Einhaltung der uebrigen Vorschriften der Verordnungen.
b.   Die Verordnungen verlangen vom Vertragsnehmer die Offenlegung der Grundlagen seiner Preisgestaltung und
     anderer Gesichtspunkte seiner Erfuellung der Verordnungen gegenueber der Preiskontrollbehoerde. Der
     Auftragnehmer wird seine Nachauftragnehmer verpflichten, dem Auftraggeber die gleichen Pruefrechte
     einzuraeumen, wie er sie gegenueber dem Auftraggeber vereinbart hat.

                                                                                                         Page 16 of 36

c.   Nichterfuellung der Forderungen dieser Verordnungen seitens des Vertragsnehmers ist strafbar nach dem
     Wirtschaftsstrafgesetz. Die US Regierung ist berectigt, bis auf 20% des Vertragspreises bis zur Fertigstellung
     der Preisprufung einzubehalten.

                                                 (End of local clause)

(March 2005)

The contractor will coordinate with the COR (or receiving activity, if no COR has been appointed) to establish a
Contractor's Quality Control Plan (CQCP).

The contractor will provide a copy of the CQCP annotated with the contract number to the COR at least 5 working
days prior to contract start date. The COR will submit an approved copy to the contracting officer at the below listed
address not later than two (2) weeks after contract start date:

         Regional Contracting Office Wiesbaden
         409th Contracting Support Brigade Europe
         Attn: CCEC-EUC-E-W (Gerd Rittweiler)
         Konrad Adenauer Ring 39
         65187 Wiesbaden, Germany

In addition to any requirements in the specification or statement of work, the contractor's quality control plan must
have as a minimum:

- Identification and clearly defined authority of key personnel under the contractor's organization.

- A quality inspection system covering all general and specific tasks included in the contract scope of work. It
should specify tasks or areas to be inspected on either a scheduled or unscheduled basis, and the manner in which
inspections are to be conducted.

- The names of firms or individuals tasked to perform inspections and the extent of their authority. This may be in
the form of an organization chart or other form approved by the contracting officer's representative (COR).

- Proposed test methods, including names of technicians or qualified testing laboratories to be used, if applicable.
Tests must be specified.

- A method of identifying deficiencies in the quality of services or construction performed before the level of
performance becomes unacceptable.

- A method of documenting and enforcing quality control operations of both prime and subcontractor work,
including inspection and testing.

- Key control, internal control or security procedures, if applicable.

- Any winterization plans and procedures for outdoor and exposed contractor and Government furnished equipment,
if applicable.

- A method of identifying deficiencies in the quality of manufacturing, services, or construction performed before
the level of performance becomes unacceptable.

                                                                                                          Page 17 of 36

- Detailed information specifying the types of action the contractor will take to correct deficiencies and prevent their

- Detailed information on the inspection methods used and proposed test methods, including names of technicians or
qualified testing laboratories to be used, if applicable. Tests must be specified.

Courtesy Translation - Gefaelligkeitsuebersetzung


Der Vertragnehmer muss in Abstimmung mit dem COR (oder, falls kein COR ernannt wurde, mit dem
Leistungsempfaenger) einen annehmbaren Fertigungs-/Guetekontrollplan (CQCP) erstellen.

Eine Kopie des genehmigten Fertigungs-/Guetekontrollplans, unter Angabe der Vertragsnummer, muss spaetestens 5
Arbeitstage vor Vertragsbeginn beim Vertreter des Vertragsoffiziers (COR) vorliegen. Der Vertreter des
Vertragsoffiziers hat den genehmigten Fertigungs-/Guetekontrollplans dem Vertragsoffizier spaetestens zwei
Wochen nach Vertragsbeginn unter folgender Adresse einzureichen.

         Regional Contracting Office Wiesbaden
         409th Contracting Support Brigade Europe
         Attn: CCEC-EUC-E-W (Gerd Rittweiler)
         Konrad Adenauer Ring 39
         65187 Wiesbaden, Germany

Ausser den Anforderungen des Leistungsverzeichnises bzw. der Arbeitsbeschreibung, muss der Fertigungs-
/Guetekontrollplan mindestens folgendes beinhalten:

- Benennung des verantwortlichen Schluesselpersonals (Bauleiter etc.) und dessen Befugnisse innerhalb der
Organisation des Vertragsnehmers.

- Alle speziellen Erfordernisse, die den Umfang der Arbeit ausmachen, muessen durch das Fertigungs-
/Guetekontrollsystem abgedeckt sein. Die Art der Kontrolle/Inspektion, planmaessig oder ausserplanmaessig, sowie
die Arbeit/Arbeitsbereiche selber muessen genau dargelegt werden.

- Die Namen der Firmen oder Einzelpersonen, die damit beauftragt wurden, die Fertigungs-/Guetekontrollen
durchzufuehren und deren klare Befugnisse. Dies kann in der Form einer Organisationsuebersicht oder eines
anderen, vom Vertreter des Vertragsoffiziers (COR) genehmigten Vorschlages erfolgen.

- Die beabsichtigten Pruefungsmethoden, unter Angabe der Namen der Techniker bzw. der Testlaboratorien, die
dafuer vorgesehen sind (falls zutreffend). Die Tests muessen ausfuehrlich beschrieben werden.

- Eine Methode zur Feststellung von Maengeln im Arbeits-/ Leistungsablauf, die eine Nichtabnahme/-annahme
seitens des Auftraggebers vorbeugend verhindert.

- Ein Nachweis- bzw. Ausfuehrungsverfahren der Fertigungs-/ Guetekontrollmethoden von Leistungen des
Hauptunternehmers als auch aller Subunternehmer, einschliesslich der vorgesehenen Inspektionen und Tests.

- Alle wesentlichen und innerbetrieblichen Kontrollen sowie alle Sicherheitsmassnahmen (falls zutreffend).

- Alle Plaene und Verfahren zur Winterfestmachung von ungeschuetzten Ausruestungsgegenstaenden des
Vertragsnehmers oder -gebers.

- Eine Methode zur Feststellung von Qualitaetsmaengeln in der Produktion, im Dienstleistungsbetrieb oder bei den
Bauarbeiten, die eine Nichtabnahme/-annahme seitens des Auftraggebers vorbeugend verhindert.

                                                                                                          Page 18 of 36

- Ausfuehrliche Informationen welche Massnahmen der Vertragnehmer ergreifen wird um Maengel zu korrigieren
und ihre Wiederholung zu verhindern.

- Ausfuehrliche Informationen ueber die angewandten Inspektionsmethoden und die beabsichtigten Testmethoden,
unter Angabe der Namen der Techniker bzw der Testlaboratorien, die dafuer vorgesehen sind (fallszutreffend). Die
Tests muessen ausfuehrlich beschrieben werden.

                                                 (End of local clause)



The VOB Part B, Article 13, Warranty Clauses, is hereby incorporated by reference in its entirety, including its
references to the German Civil Code. The terms of the VOB will be interpreted in accordance with prevailing
German legal authorities.

In accordance with Article 13, paragraph 4 of the VOB, for repair and replacement of major building parts and
structures; and (ii) for minor maintenance and repairs and for those parts of a heating system that are exposed to fire;
the warranty periods shall be in accordance with the governing warranty periods applicable at the time of contract

In accordance with Article 13, paragraph 5 of the VOB, the warranty periods applicable at the time of contract award
shall apply on acceptance of work repaired or replaced under the warranty clause. In no event shall the total
warranty be reduced to less than the original warranty period.


(a) If asbestos-containing materials are noted in the specifications/drawings, the Contractor is responsible for
protection of workers and other personnel during the conduct of work.

(b) If the Contractor encounters material suspected of containing asbestos, the project manager shall note those
materials and inform the COR on a daily basis. The Contractor shall treat suspected materials as if they contain
asbestos until an analysis is possible. The US Government will provide the analysis.


(a) Contractor shall locate required excavation site and prior to excavation obtain COR's written permission to

(b) COR will inform Contractor how to obtain and when to release permission for excavation.

(c) The written permission to excavate will include the location of all known utility and communications lines not
identified in the specifications/drawings and all physical data not covered in the specifications/ drawings necessary to
minimize utility and communication line outages.

                                                                                                    Page 19 of 36

Section I - Contract Clauses


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
52.204-4             Printed or Copied Double-Sided on Postconsumer Fiber           MAY 2011
                     Content Paper
52.204-7             Central Contractor Registration                                APR 2008
52.204-9             Personal Identity Verification of Contractor Personnel         JAN 2011
52.209-6             Protecting the Government's Interest When Subcontracting       DEC 2010
                     With Contractors Debarred, Suspended, or Proposed for
52.214-26            Audit and Records--Sealed Bidding                              OCT 2010
52.214-27            Price Reduction for Defective Certified Cost or Pricing Data - OCT 2010
                     Modifications - Sealed Bidding
52.214-28            Subcontracting Certified Cost Or Pricing Data--                OCT 2010
                     Modifications--Sealed Bidding
52.214-29            Order Of Precedence--Sealed Bidding                            JAN 1986
52.222-50 Alt I      Combating Trafficking in Persons (Aug 2007) Alternate I        AUG 2007
52.223-18            Contractor Policy to Ban Text Messaging While Driving          SEP 2010
52.225-13            Restrictions on Certain Foreign Purchases                      JUN 2008
52.225-14            Inconsistency Between English Version And Translation Of FEB 2000
52.225-25            Prohibition on Engaging in Sanctioned Activities Relating to SEP 2010
52.229-6             Taxes--Foreign Fixed-Price Contracts                           JUN 2003
52.232-5             Payments under Fixed-Price Construction Contracts              SEP 2002
52.232-17            Interest                                                       OCT 2010
52.232-27            Prompt Payment for Construction Contracts                      OCT 2008
52.232-33            Payment by Electronic Funds Transfer--Central Contractor       OCT 2003
52.233-1             Disputes                                                       JUL 2002
52.233-3             Protest After Award                                            AUG 1996
52.236-2             Differing Site Conditions                                      APR 1984
52.236-3             Site Investigation and Conditions Affecting the Work           APR 1984
52.236-4             Physical Data                                                  APR 1984
52.236-5             Material and Workmanship                                       APR 1984
52.236-6             Superintendence by the Contractor                              APR 1984
52.236-7             Permits and Responsibilities                                   NOV 1991
52.236-8             Other Contracts                                                APR 1984
52.236-9             Protection of Existing Vegetation, Structures, Equipment,      APR 1984
                     Utilities, and Improvements
52.236-10            Operations and Storage Areas                                   APR 1984
52.236-11            Use and Possession Prior to Completion                         APR 1984
52.236-12            Cleaning Up                                                    APR 1984

                                                                                                         Page 20 of 36

52.236-13          Accident Prevention                                         NOV 1991
52.236-14          Availability and Use of Utility Services                    APR 1984
52.236-15          Schedules for Construction Contracts                        APR 1984
52.236-17          Layout of Work                                              APR 1984
52.236-21          Specifications and Drawings for Construction                FEB 1997
52.236-26          Preconstruction Conference                                  FEB 1995
52.237-2           Protection Of Government Buildings, Equipment, And          APR 1984
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
52.249-2 Alt I     Termination for Convenience of the Government (Fixed-       SEP 1996
                   Price) (May 2004) - Alternate I
52.249-10          Default (Fixed-Price Construction)                          APR 1984
52.253-1           Computer Generated Forms                                    JAN 1991
252.203-7001       Prohibition On Persons Convicted of Fraud or Other Defense- DEC 2008
                   Contract-Related Felonies
252.204-7000       Disclosure Of Information                                   DEC 1991
252.204-7003       Control Of Government Personnel Work Product                APR 1992
252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A      SEP 2007
252.209-7004       Subcontracting With Firms That Are Owned or Controlled By DEC 2006
                   The Government of a Terrorist Country
252.222-7002       Compliance With Local Labor Laws (Overseas)                 JUN 1997
252.223-7006       Prohibition On Storage And Disposal Of Toxic And            APR 1993
                   Hazardous Materials
252.225-7012       Preference For Certain Domestic Commodities                 JUN 2010
252.225-7041       Correspondence in English                                   JUN 1997
252.229-7000       Invoices Exclusive of Taxes or Duties                       JUN 1997
252.231-7000       Supplemental Cost Principles                                DEC 1991
252.236-7000       Modification Proposals-Price Breakdown                      DEC 1991
252.243-7001       Pricing Of Contract Modifications                           DEC 1991
252.243-7002       Requests for Equitable Adjustment                           MAR 1998
252.244-7000       Subcontracts for Commercial Items and Commercial            NOV 2010
                   Components (DoD Contracts)
252.246-7002       Warranty of Construction (Germany)                          JUN 1997
252.247-7023       Transportation of Supplies by Sea                           MAY 2002
252.247-7024       Notification Of Transportation Of Supplies By Sea           MAR 2000


52.202-1    DEFINITIONS (JUL 2004)

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

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

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

                                                                                                          Page 21 of 36

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

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

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

(End of clause)

252.225-7042      AUTHORIZATION TO PERFORM (APR 2003)

The offeror represents that it has been duly authorized to operate and to do business in the country or countries in
which the contract is to be performed.

(End of provision)

252.229-7001      TAX RELIEF (JUN 1997)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is
exempt by virtue of tax agreements between the United States Government and the Contractor's government. The
following taxes or duties have been excluded from the contract price:

NAME OF TAX: Value Added Tax (Mehrwertsteuer)                        RATE (PERCENTAGE): 19%

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall
identify the materials or components intended to be imported in order to ensure that relief from import duties is
obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a
factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The
Contractor may obtain a refund of the import duties from its government or request the duty-free import of an
amount of supplies or components corresponding to that used from inventory for this contract.

(End of clause)

252.232-7008      ASSIGNMENT OF CLAIMS (OVERSEAS) (JUNE 1997)

(a) No claims for monies due, or to become due, shall be assigned by the Contractor unless—

(1) Approved in writing by the Contracting Officer;

(2) Made in accordance with the laws and regulations of the United States of America; and

(3) Permitted by the laws and regulations of the Contractor's country.

                                                                                                          Page 22 of 36

(b) In no event shall copies of this contract of any plans, specifications, or other similar documents relating to work
under this contract, if marked “Top Secret,” “Secret,” or “Confidential” be furnished to any assignee of any claim
arising under this contract or to any other person not entitled to receive such documents. However, a copy of any part
or all of this contract so marked may be furnished, or any information contained herein may be disclosed, to such
assignee upon the Contracting Officer's prior written authorization.

(c) Any assignment under this contract shall cover all amounts payable under this contract and not already paid, and
shall not be made to more than one party, except that any such assignment may be made to one party as agent or
trustee for two or more parties participating in such financing. On each invoice or voucher submitted for payment
under this contract to which any assignment applies, and for which direct payment thereof is to be made to an
assignee, the Contractor shall—

(1) Identify the assignee by name and complete address; and

(2) Acknowledge the validity of the assignment and the right of the named assignee to receive payment in the amount
invoiced or vouchered.

(End of clause)

252.233-7001       CHOICE OF LAW (OVERSEAS) (JUNE 1997)

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of
America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the
jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of
the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for
hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

(End of clause)


(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

                                                                                                          Page 23 of 36

(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

 Title         File       Drawing No.
Same as listed in Attachments #2-5, Drawings, 8 pages

(End of clause)

                                                                     Page 24 of 36

Section J - List of Documents, Exhibits and Other Attachments



Same as listed in the line items CLIN 0001 in Section B.

                                                                                                         Page 25 of 36

Section K - Representations, Certifications and Other Statements of Offerors


52.203-11               Certification And Disclosure Regarding Payments To           SEP 2007
                        Influence Certain Federal Transactions
252.209-7001            Disclosure of Ownership or Control by the Government of a    JAN 2009
                        Terrorist Country
252.209-7002            Disclosure Of Ownership Or Control By A Foreign              JUN 2010
252.225-7031            Secondary Arab Boycott Of Israel                             JUN 2005
252.247-7022            Representation Of Extent Of Transportation Of Supplies By    AUG 1992



(a) Definitions.

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

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

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

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

(d) Taxpayer Identification Number (TIN).

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

___ TIN has been applied for.

___ TIN is not required because:

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

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

                                                                                                         Page 26 of 36

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

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

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

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

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

(f) Common parent.

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

___ Name and TIN of common parent:



(End of provision)


(a) 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 number or “DUNS+4” that identifies the offeror's name and address
exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The
DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to
establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart
32.11) for the same concern.

(b) 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) Via the Internet at or if the offeror does not have internet access, it may call Dun
and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should
indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

                                                                                                            Page 27 of 36

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

(i) Company legal business name.

(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).

(End of provision)


(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is -------------- [insert
NAICS code].

(2) The small business size standard is -------------- [insert size standard].

(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

(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--

                                                                                                           Page 28 of 36

(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.

(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.

                                                                                                           Page 29 of 36

(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-

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

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

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

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

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

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

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

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

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

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

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

(Contracting Officer check as appropriate.)

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

 ------(A) Basic.

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

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

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

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

                                                                                                            Page 30 of 36

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

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

 ------(vii) 52.227-6, Royalty Information.

 ------ (A) Basic.

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

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

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

FAR Clause            Title            Date           Change
------          ----------          ------        ------

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

(End of Provision)


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

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

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

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

                                                                                                               Page 31 of 36

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of

                                                                                                           Page 32 of 36

an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of
business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was
placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification,
in addition to other remedies available to the Government, the Contracting Officer may terminate the contract
resulting from this solicitation for default.

(End of provision)


As prescribed in 204.1202, substitute the following paragraph (d) for paragraph (d) of the provision at FAR 52.204-

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

 FAR/DFARS Clause #                    Title                        Date                       Change

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

                                                                                                            Page 33 of 36

Section L - Instructions, Conditions and Notices to Bidders


52.214-3              Amendments To Invitations For Bids                                DEC 1989
52.214-4              False Statements In Bids                                          APR 1984
52.214-5              Submission Of Bids                                                MAR 1997
52.214-6              Explanation To Prospective Bidders                                APR 1984
52.214-7              Late Submissions, Modifications, and Withdrawals of Bids          NOV 1999
52.214-18             Preparation of Bids-Construction                                  APR 1984
52.214-34             Submission Of Offers In The English Language                      APR 1991


52.211-6    BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the
characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or
performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name
manufacturer, must--

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;
(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished
descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation
requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or
identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible
for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror
shall provide the brand name product referenced in the solicitation.

(End of provision)

52.216-1    TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

(End of provision)

                                                                                                          Page 34 of 36

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

           Regional Contracting Office Wiesbaden
           409th Contracting Support Brigade Europe
           Attn: CCEC-EUC-E-W
           Konrad Adenauer Ring 39
           65187 Wiesbaden, Germany

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

(End of provision)


This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is
cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its
quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by
paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a
solicitation provision may be accessed electronically at this/these address(es):

(End of provision

CCE.233-4002        AMC-LEVEL PROTEST

CCE.233-4002 AMC-LEVEL PROTEST PROGRAM (December 2008)

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with
the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level
Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an
Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or
other external forum. Contract award or performance is suspended during the protest to the same extent, and within
the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20
working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send
protests (other than protests to the contracting officer) to:

           Protest to HQAMC shall be filed at:
           Headquarters U.S. Army Materiel Command
           Office of Command Counsel

                                                                                                      Page 35 of 36

        4400 Martin Road
        Rm: A6SE040.001
        Redstone Arsenal, AL 35898-5000
        Fax: (256) 450-8840

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

The AMC-level protest procedures are found at:

If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest

                                                 (End of Provision)

                                                                                                           Page 36 of 36

Section M - Evaluation Factors for Award



If the Government receives offers in more than one currency, the Government will evaluate offers by converting the
foreign currency to United States currency using in effect as follows:

(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.

(b) For acquisitions conducted using negotiation procedures--

(1) On the date specified for receipt of offers, if award is based on initial offers; otherwise

(2) On the date specified for receipt of proposal revisions.

(End of provision)


(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract
to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government,
considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive
limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items
or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work
and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that
the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is
so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

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