RFQ_Boiler.pdf

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SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS

CLIN DESCRIPTION OF SUPPLIES/SERVICES UNIT OF

ISSUE

AMOUNT

Provide labor and materials required to demolish and remove two existing Smith Co. 450 Mills hot water, nine section cast iron boilers and replace with two high efficiency condensing boilers in accordance with the Statement of Work (SOW) dated July 2019.

JOB

NOTES:

(1) See Section L and M for Offeror submission information and Evaluation Criteria.

(2) Failure to complete and return all required submission from this solicitation could render your offer non-responsive.

(3) The Government intends to award a single contract from this solicitation.

(4) The offeror/bid guarantee amount shall be based on the Contractor's total bid for the base schedule (See FAR Clause 52.228-l).

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SECTION C-STATEMENT OF WORK

DEPARTMENT OF COMMERCE (DOC)

NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION (NOAA)

NATIONAL MARINE FISHERIES SERVICE (NMFS)

BOILER REMOVAL AND REPLACEMENT

DESCRIPTION

A. The National Marine Fisheries Service Laboratory is located at 28 Tarzwell Dr. Narragansett, RI 02882.

B. The National Marine Fisheries Service (NMFS), a part of the National Oceanic and Atmospheric Administration (NOAA) of the Department of Commerce (DOC), is a governmental agency charged with the mission of stewardship for living marine resources.

C. The Contractor shall be fully knowledgeable of all requirements of the contract documents and shall make themselves aware of all job site conditions that will affect their work.

D. The Contractor shall verify all dimensions and equipment prior to submitting bid quotation.

E. The Contract shall demolish and remove two existing Smith Co. 450 Mills hot water, nine section cast iron boilers and replace with two high efficiency condensing boilers.

F. The contractor shall furnish and install all necessary hardware, controls, valves, sensors, field wiring, piping, insulation and programming services to ensure proper operation as stated in the contract documents.

G. The Contractor shall provide two hours of training and commissioning for two facility personnel.

Note: Due to the direct impact on the Main Building heating systems, this project shall not be performed during the heating season.

H. Site and Project Location:

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SITE VISIT

It is recommended that a site visit be conducted prior to submitting a quote in order to view site conditions, verify locations, verify measurements, and equipment. See Section L, Commerce Acquisition Regulation (CAR) Clause Pre-bid/pre-proposal conference and site visit.

GENERAL

A. The Contractor shall comply with all applicable codes and other published instructions for the installation of specified products, and installation requirements per the contract documents.

B. The Contractor shall have at a minimum 10 years of verifiable experience installing HVAC systems, high efficiency condensing boiler technology and programing for proper operation.

C. The Contractor shall provide licensed tradesman for electrical, plumbing, pipefitting, rigging and shall follow the BOCA, NEC codes for the state of Rhode Island.

D. The Contractor shall provide licensed and certified Asbestos abatement personnel for the abatement of ACM (asbestos containing materials).

E. The Contractor shall be responsible for tracing, verifying and isolating all utilities before construction begins. The Contractor shall coordinate with National Grid for gas related activities.

F. The Contractor is responsible for his/her own security arrangements including sub Contractor’s materials, tools, equipment, and personnel.

G. Work in Progress: The Contractor shall be responsible for the protection and safe keeping of all work in progress prior to final acceptance by the Government.

H. All methods, materials and workmanship provided by the Contractor under this contract shall be performed in accordance with professional industry standards, manufactures specifications and shall comply with applicable codes for construction. Field measurements are the responsibility of the Contractor.

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I. Professional agencies, associations, councils, institutes, codes, and standards as required or referenced by law, statue or manufactures recommendation including those listed in Appendix #4 are part of the contract requirements.

J. All permits and fees are the responsibility of the Contractor.

K. Appendix 1: Existing Mechanical Room Piping Schematic.

L. Appendix 2: Concrete Housekeeping Pad Drawing.

M. Appendix 3: Existing Equipment.

N. Appendix 4: Acronyms.

SPECIFIC TASKS

A. The Contractor shall provide a licensed/certified Asbestos Abatement Contractor for the two existing

(9) section boilers before demolition work is to begin. Abatement shall be performed in all ACM (asbestos containing materials) in affected areas such as but not limited to; piping, insulation, coverings, gaskets, manifolds and packing’s and cavities within the boilers. There is approximately 168 SF of spay applied asbestos (insolating cement) on the outer front, side and rear intermediate sections.

Air quality testing shall be completed and abatement documentation shall be submitted to the COR upon completion. All hazardous materials shall be legally disposed.

1. Track, transport, file reports, obtain permits, with EPA and other regulatory bodies.

2. Provide Government with all testing results, permits, transportation manifest, and disposal documents.

3. Establish all tenting, testing, monitoring, negative air, and other requirements to abate asbestos materials as required by regulatory requirements, law, OSHA, RIDEP, and EPA.

4. See support documents: ACM recent test results (does not include gaskets, packing, and other areas inaccessible until demolition takes place-contractor to perform testing of these areas.)

B. The Contractor shall isolate and lockout/tagout all utilities to ensure a safe working environment.

C. The Contractor shall provide all equipment, tools and labor to demolish, remove and dispose two (2) existing Smith Co 9 section hot water boiler systems and all associated hardware, control boxes,supports, piping, electrical, stacks, controls valves and existing boiler support structures.

D. The Contractor shall relocate/modify Natural gas piping as necessary for proper connection to new high efficiency condensing boilers.

E. The Contractor shall install one (1) stainless steel flue stack with all necessary jacketing to exit out of above roofing system and provide all necessary hardware to prevent water/weather penetration including be not limited to: boots, inverted cones and rain hats.

F. The Contractor shall construct and repair the roof system where the two (2) existing stacks were located to ensure a weatherproof condition and to adapt newly installed stainless flue stack. All work shall be performed in accordance with BOCA, NRCA codes.

G. The Contractor shall install a concrete housekeeping pad to support new boilers. See Appendix 2 for detail drawing.

H. The Contractor shall install two (2) GasMaster Industries HC-1000 high efficiency, condensing boilers (or an approved equal) and all associated controls and pumps per manufactures specifications. Boiler salient features listed below.

1. 95% thermal efficiency at full capacity.

2. 3:1 turndown ratio.

3. 316L stainless steel heat exchanger.

4. Twenty-year thermal shock warranty (heat exchanger).

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5. Category II or direct vent.

6. Radial pulse combustion.

7. BacNet capability.

I. The contractor shall connect the flue outlets from the two newly installed boilers to the installed stainless steel flue stack.

J. The Contractor shall remove existing three way valve from heat pump loop.

K. The Contractor shall modify existing piping to a primary and secondary configuration system and reconnect to new boilers and existing heating infrastructure. (See Appendix 1 for Existing Mechanical Room Piping Schematic).

L. The Contractor shall provide all electrical labor for installation of new Controls. All wiring in Mechanical Room shall be installed in ¾ inch EMT.

M. The Contractor shall install Thermo-wells as necessary for temperature sensors.

N. The Contractor shall install condensate neutralizers on condensate discharge drains.

O. The Contractor shall install new pipe Insulation in effected work areas.

P. The Contractor shall include engineered drawings, programming and commissioning of system.

Q. The Contractor shall provide all electrical labor for installation of new controls.

R. Provide all labor for the removal of the existing control valves and the installation of new operation control valves and ASME safety controls.

S. The Contractor shall identify all pipping as required by ANSI A13 marking standards.

T. The Contractor shall insure proper operation of all system components.

ACCESS TO WORK SITE

A. All persons employed within the boundaries of the property or restricted-access areas therein, and all persons permitted to enter such property and areas shall comply with the security regulations for the NEFSC Narragansett Laboratory.

B. The Government reserves the right to close down the job site and order Contractor personnel off the premises in the event of a national emergency or a shut-down, for as long as security problems persist.

The Contractor may only return to the site with verbal approval from the Contracting Office Representative (COR).

C. The Government reserves the right to exclude or remove from the site or building any employee of the Contractor or a sub-Contractor whom the Government deems incompetent, careless, insubordinate or otherwise objectionable, or whose continued employment on the work is deemed by the Government to be contrary to the public interest.

FINAL ACCEPTANCE AND INSPECTIONS

A. Inspection of work to be performed by the NEFSC facilities Operations Manager (COR). Any corrective action required because of the inspection will be accomplished prior to final billing.

B. The Contractor may be notified of deficiencies in performance in writing by the COR. Oral deficiency notifications will be confirmed in writing. The Contractor shall take prompt corrective action upon notice of deficiency.

C. The Contractor shall advised the Government when all work is completed. The Government will not accept the work until it determines that all work has been satisfactorily completed within the terms of the contract.

EXISTING CONDITIONS

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If discrepancies are discovered between the existing conditions and those noted on the SOW/drawings, immediately notify the COR. Upon receipt of Bidding Documents, verify documents are complete. Notify COR if documents are incomplete. Immediately notify COR upon finding discrepancies or omissions in Bidding Documents.

JOB SITE PROTECTIONS

A. It shall be the responsibility of the Contractor to protect the property of others as well as his/her own property, and to repair or replace any property damaged by the Contractor in fulfilling this project. The Contractor shall keep the area clean and upon completion of the project, the Contractor shall clean up the work area and remove all debris from the job site in a timely and legally acceptable manner so as not to detract from the aesthetics or the functions of the building. Government dumpsters will not be available for Contractor use. The Contractor shall repair or be responsible for costs to repair all property damaged during the performance of work.

B. The Contractor shall take precautions to prevent the spread of dust, moisture and debris. The Contractor shall provide labor and materials to construct, maintain and remove necessary temporary enclosures to prevent dust or debris in the construction area(s) from entering the remainder of the building.

C. All work shall comply with applicable Federal, State and Local regulations.

D. Protect against fire and flame spread. Maintain proper and adequate fire extinguishers within fifty (50) feet of any open flames and welding. If any heated or flamed application is utilized a 15 lb or larger fire extinguisher shall be within 25’ reach or closer at all times. Contractor to supply two 15 lb or larger fire extinguisher to the job site

PERIOD OF PERFORMANCE

A. The actual start date shall be coordinated with the COR.

B. Upon notice to proceed, the Contractor shall be required to complete work within 120 calendar days.

SUBMITTALS

The Contractor shall submit the following:

• Schedule (5 days after NTP) Manufactures cut sheets.

• Safety Data Sheets (SDS) (10 days after NTP)

• Safety Plan (5 days after NTP)

• Asbestos abatement plan . (5 days after NTP)

• Asbestos Abatement documents/test reports/manifests

PLACE OF PERFORMANCE

National Marine Fisheries Service 28 Tarzwell Drive Narragansett, RI 02882

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DELIVERY, STORAGE, HANDLING, AND PROTECTION

A. Deliver materials to the job site in the manufacturer’s original, unopened containers or wrappings with the manufacturer’s name, brand name and installation instructions intact and legible. Deliver in sufficient quantity to permit work to continue without interruption.

B. Comply with the manufacturer’s written instructions for proper material storage.

C. Any damaged materials shall be removed and replaced at the Contractor’s expense.

D. Care shall be taken to provide protection of surrounding structures, hallways and buildings structures.

GOVERNMENT POINT OF CONTACT

Ron Guilmette , COR (Contracting Officers Representative) 28 Tarzwell Drive

401-782-3291 or fax 401-782-3292

QUALITY CONTROL

A. The Contractor shall submit manufacture cut sheets and other specification literature for all materials to be installed for the COR approval.

B. All work described in the Statement of Work shall comply with the manufacturers installation guidelines.

C. The Contractor shall furnish all labor, materials, tools, transportation, services and supplies as stated in this requirement.

D. Work shall be completed in accordance with the construction industry standards and codes.

E. The Contractor shall supply the COR with the onsite supervisor contact information and any other key personnel.

WARRANTY

The Contractor shall provide a written warranty for service including labor and materials for a period of one year from the date of startup with no dollar limitation. Including but not limited to all manufactures warranties.

USE OF THE PREMISES

Before beginning work, the Contractor shall secure approval from the COR for the following:

A. Contact the GCP/COR for parking information and facility access.

B. Access to the site.

C. Areas permitted for storage of materials and debris.

D. Security: Obey the government’s requirements for personnel identification, inspection and other security measures.

E. Use of facility rest rooms is not provided. The Contractor shall provide portable rest room.

F. The NEFSC is a smoke free campus. The Contractor and its employees shall adhere to all applicable rules and regulations regarding maintenance of a smoke free environment on the job site.

G. Use of Government facilities

1. Water and electricity for construction purposes are available at the work site.

2. Toilet facilities shall be provided by the Contractor. Location of temporary facilities shall be coordinated with owner’s representative or the COR.

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3. Contractor shall provide storage for tools and materials. The Government is not responsible for providing storage or security of materials, tools, or equipment.

H. The premises will be occupied during the performance of the work. Contractor to coordinate work with the COR to accommodate the work schedule, continuing access and completion date.

I. Working hours shall be 7:30 AM – 4 PM (M-F). Contractor shall observe all federal holidays.

WORKMANSHIP

All work shall be of highest quality and in strict accordance with the manufacturer’s published specifications and to the building owner’s satisfaction, most recent codes and standards.

QUALITY ASSURANCE

A. Unless otherwise noted in the contract documents, Contractor shall comply with the manufacturer’s current specifications and details.

B. The Contractor shall provide adequate number of experienced workers regularly engaged in this type of work who are skilled in the application techniques of the materials specified.

C. There shall be a site superintendent on the job site at all times while work is in progress. The site superintendent must be an employee of the general Contractor and on the site all times during the course of any ongoing work.

D. There shall be no deviations made from this specification or the approved shop drawings (if any) without the prior written approval of the GCP/COR. Any deviation from the manufacturer’s installation procedures must be supported by a written certification on the manufacturer’s letterhead and presented to the GCP/COR for consideration.

E. All substitution requests for products, equipment, materials and methods described within the contract documents shall be submitted to the GCP/COR. Substitution requests are not permitted prior to the Notice to Proceed. Substitute products will be considered when the request is submitted in writing to the GCP/COR. The GCP/COR will have seven (7) working days to approve/disapprove substitution request. Substitution request shall not result in schedule extensions.

FACILITIES AND CONTROLS

A. The Contractor shall remove and dispose of all debris and trash from the job site in a timely and legally acceptable manner so as to not detract from the aesthetics or the functions of the building.

B. Contractor shall comply with all applicable Federal, State, and local laws and regulations concerning environmental pollution prevention control and waste disposal.

C. Contractor shall immediately inform the COR of any environmentally hazardous situations that may arise as well as contact required regulatory agencies.

D. Perform daily clean up to collect all wrappings, empty containers, paper, and other debris from the project site. Upon completion, all debris must be disposed of in a legally acceptable manner. The Contractor shall ensure that the project area and areas adjacent to the project area are maintained in a clean and safe condition.

SAFETY

A. The Contractor shall be responsible for all means and methods as they relate to safety and shall comply with all applicable OSHA, NEC, NFPA, and EPA, local, state and federal requirements. Safety shall be the responsibility of the general Contractor. All related personnel shall be instructed daily to be

1305M2-19-Q-NFFM-0231 Page 11 of 53 mindful of the full time requirement to maintain a safe environment for the facility’s occupants including staff, visitors, customers and the occurrence of the public on or near the site.

B. The Contractor shall comply with the requirements of 29 CFR, Part 1910: Occupational Safety and Health Administration (OSHA) General Industry and Health Standards, and Health Administration (OSHA) General Industry and Health Standards and 29 CFR, part 1926 Construction Standards. The Contractor shall promptly correct any non-complying work or conditions. Contractor shall be responsible to ensure its work does not affect the safety of the public or employees of the Government.

Neither the Government nor its representatives shall bear any responsibility for safety precautions at the project work site. If, however, in the opinion of the COR a life-threatening condition exists, the COR will orally (to be confirmed in writing) require the Contractor to immediately suspend work in the affected area until the condition is corrected. Whenever Contractor’s operations may create a hazardous condition, it shall at its sole expense, furnish, install and maintain such guards, fences, barricades, railing, light, signs, or other devices necessary to prevent accident, injury or damage to people or equipment.

C. Five days prior to start of work Contractor shall submit a safety plan. To include but not limited, open flames, welding, debris, cleanup, work place safety methods, and emergency procedures. The Safety Plan must be available on site at all times and must be reviewed with all subcontractors working under this contract for the duration of the contract project.

E. It is the Contractor’s responsibility to ensure all employees; sub-Contractors, venders, and other company representative adhere to all safety rules, regulations, policies and practices.

F. Contractor shall observe lock/out tag/out regulations and as required by OSHA.

G. The Contractor shall keep the project site in a neat and orderly condition at all times.

JOB CONDITIONS, CAUTIONS AND WARNINGS

A. Safety Data Sheets (SDS) must be on location at all times during the transportation, storage and application of materials. A separate set shall be given to the COR five (5) days prior to starting of the work.

B. The Contractor shall not cause or permit any hazardous material to be brought upon, kept or used in or about the premises by its agents, employees, or subcontractors without the prior consent of the COR.

Hazardous materials that are necessary to the performance of this contract shall be used, kept and stored in a manner that complies with all laws regulating any such hazardous material brought upon or used or kept at this site. Contractor shall provide Material Safety Data Sheets to the COR for any hazardous materials used in the performance of this contract.

C. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste, including but not limited to, those substances, materials, and wastes listed in the Department of Transportation Hazardous Material Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 68.130) and amendments thereto, petroleum products, or such other substances, material, and wastes that are or become regulated under any applicable local, state, or Federal law.

D. Site condition in and around the boiler is limited. Contractor is encouraged to visit the site to view, measure the working space. Working space between boilers, walls and ceilings limited.

PERSONNEL

A. The Contractor shall provide proof that all on-site employees are US citizens or legal aliens.

B. The Contractor shall not employ personnel with felony convictions, or with a record of narcotics use, for work at the Narragansett Laboratory.

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C. The Contractor is responsible for completing a security investigation on all employees working at the Narragansett Laboratory in connection with this contract.

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APPENDIX 1

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APPENDIX 2

Concrete Housekeeping Pad Drawing

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APPENDIX 3

Existing Equipment

A. Smith Co. 450 Mills hot water, nine section cast iron boilers

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B. Smith Co. 450 Mills hot water, nine section cast iron boilers

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C. Exterior access to boilers

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D. Boiler stacks (interior)

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E. Boiler stacks (exterior)---16” diameter by 4’10” in height

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F. Controls to be demolished

APPENDIX 4

ACRONYMS

Air-Condition and Refrigeration Institute ARI Air Movement and Control Association International , Inc AMCA

American Bearing Manufactures Association ABMA American Concrete Institute ACI Asbestos Containing Material ACM American Institute of Steel Construction AISC American National Standards Institute ANSI American Plywood Association APA American Society of Civil Engineers ASCE American Wood Preserve Bureau AWPB American Wood Protection Association AWPA Above ground Storage Tank AST American Society for Testing and Materials ASTM American Society of Mechanical Engineers ASME American Welding Society AWS

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Best Management Practices BMP Building Officials and Code Administrators BOCA California Roof Rating Council CRRC Clean Air Act CAA Clean Water Act CWA Chain Link Fence Manufacturing Institute CLFMI Chromated Copper Arsenate CCA Cubic Feet per Minute CFM Code of Federal Regulation CFR Concrete Masonry Unit CMU Concrete Conc Contracting Officer CO Contracting Officers Representative COR Contracting Officers Technical Representative COTR Demarcation point DEMARC Demolition Demo Department of Environmental Protection DEP Drawing Dwg Ethylene Propylene Diene Monomer EPDM Electronic Industries Alliance EIA Elevation Elev Encased Burial EB Environmental Protection Agency EPA Feet Ft Factory Mutual FM Finish Floor FF Fire Rated FR Fiberglass Reinforced Product FRP Gauge Ga General Contractor GC Gallons per Minute GPM Gypsum GYP Gypsum Association GA International Organization for Standardization ISO Inch In Information Technology IT Institute of Electrical and Electronic Engineers IEEE Leadership in Energy and Environmental Design LEED Linear Feet LF Maximum MAX Metal Lath/Steel Framing Association ML/SFA Mean High Water MHW Mean Low Water MLW Mile Per Hour MPH Material Safety Data Sheets MSDS National Electric Code NEC National Fire Protection Association NFPA National Institute of Standards and Technology NIST National Sanitation Foundation NSF Notice To Proceed NTP Not To Scale NTS On Center OC Ounce OZ Outside Diameter OD Occupational Safety and Health Act OSHA No Added Urea Formaldehyde NAUF National Electric Manufactures Association NEMA

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Not To Scale NTS Parts Per Billion PPB Parts Per Million PPM Pounds lbs Pounds per Square Inch PSI Polyvinyl Chloride PVC Professional Engineer PE Programmable Logic Controllers PLC Resource Conservation and Recovery Act RCRA Schedule Sch Steel Door Institute SDI Square Feet SF Statement Of Work SOW Solar Reflectance Index SRI Sound Transmission Class STC Square Sq Telecommunication Industry Association TIA Thick Thk Typical Typ Uniform Construction Code UCC Underwriters Laboratories UL United States Army Corps of Engineers USACE United States Coast Guard USCG United States Green Building Council USGBC Veneered Faced Panel Products HPVA Underground Storage Tank UST Vinyl Asbestos Floor Tile VAT Volatile Organic Carbon VOC Welded Wire Fabric WWF Western Wood Products Association WWPA

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PROFESSIONAL AGENCIES, ASSOCIATIONS, CODES, COUNCILS,

INSTITUTES, AND STANDARDS

Air-Condition and Refrigeration Institute ARI Air Movement and Control Association International , Inc AMCA American Bearing Manufactures Association ABMA American Concrete Institute ACI American Ladder Institute ALI American Institute of Steel Construction AISC American National Standards Institute ANSI American Plywood Association APA American Society of Civil Engineers ASCE American Society for Testing and Materials ASTM American Society of Mechanical Engineers ASME American Welding Society AWS American Wood Preserve Bureau AWPB American Wood Protection Association AWPA Building Officials and Code Administrators BOCA California Roof Rating Council CRRC Clean Air Act CAA Clean Water Act CWA Chain Link Fence Manufacturing Institute CLFMI Code of Federal Regulation CFR Concrete Reinforcing Steel Institute CRSI Construction Specification Institute CSI Department of Environmental Protection DEP Electronic Industries Alliance EIA Environmental Protection Agency EPA Gypsum Association GA International Organization for Standardization ISO Institute of Electrical and Electronic Engineers IEEE Leadership in Energy and Environmental Design LEED Metal Lath/Steel Framing Association ML/SFA National Asphalt Pavement Association NAPA National Association of Corrosion Engineers NACE National Electric Code NEC National Fire Protection Association NFPA National Institute of Standards and Technology NIST National Sanitation Foundation NSF National Society of Professional Engineers NSPE Occupational Safety and Health Act OSHA National Electric Manufactures Association NEMA Plastic Pipe Institute PPI Portland Cement Association PCA Precast/Prestressed Concrete Institute PCI Resource Conservation and Recovery Act RCRA Steel Door Institute SDI

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Telecommunication Industry Association TIA Uniform Construction Code UCC Underwriters Laboratories UL United States Army Corps of Engineers USACE United States Coast Guard USCG United States Green Building Council USGBC Western Wood Products Association WWPA Western Wood Preservation Institute WWPI

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SECTION D-PACKAGING AND MARKING

Not Applicable

SECTION E-INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.2 CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept services to be provided under this contract.

(b) The place of acceptance will be:

NOAA/NEFSC

National Marine Fisheries Service 212 Rogers Avenue Milford, CT 06460

(End of Clause)

SECTION F DELIVERIES OR PERFORMANCE

F.1 FAR 52.242-14 SUSPENSION OF WORK (APR 1984)

F.2 CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

a. The period of performance of this contract will run 120 calendar days from the notice to proceed.

F.3 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a)commence work under this contract within 15 days calendar days after the date the Contractor receives the notice to proceed, (b)prosecute the work diligently, and (c)complete the entire work ready for use not later than 120 calendar days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

SECTION G-CONTRACT ADMINISTRATION DATA

G.1 CAR 1352.201-70 CONTRACTING OFFICER’S AUTHORITY (APR 2010)

G.2 CAR 1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (APR 2010)

(a) Ron Guilmette is hereby designated as the Contracting Officer’s Representative (COR). The COR may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the Contract. The COR is located at:

NOAA/NEFSC

ATTN: Ron Guilmette 28 Tarzwell Drive

401-782-3291

(b) The responsibilities and limitations of the COR are as follows:

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(1) The COR is responsible for the technical aspects of the project and serves as technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all reports; and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the Contract price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer (CO.) The CO may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor.

(End of Clause)

SECTION H-SPECIAL CONTRACT REQUIREMENTS

H.1 CAR 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

H.2 CAR 1352.209-73 COMPLIANCE WITH THE LAW (APR 2010)

H.3 CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

H.4 CAR 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE-FIXED

PRICE (APR 2010)

H.5CAR 1352.237-75 KEY PERSONNEL (APR 2010)

(a) The contractor shall assign to this contract the following key personnel:

• Site Manager

• Alternate Site Manager

(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

(End of Clause)

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SECTION I CONTRACT CLAUSES

1. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Federal Acquisition Regulation (FAR) - http://www.acquisition.gov Commerce Acquisition Regulation (CAR) – http://farsite.hill.af.mil/vmcara.htm NOAA Acquistion Manual (NAM)- https://www.ago.noaa.gov/acquisition/AcqManual/subchapterH.html

I.2. FAR 52.203-3 GRATUITIES (APR 1984)

I.3 FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

I. 4 FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2019)

I.5 FAR 52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2019)

I.6 FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (MAY 2014)

I.7 FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

I.8 FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(JUN 2019)

I.9 FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

I.10. FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

I.11 FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

I.12 FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV 2015)

I.13 FAR 52.215-8 ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT (OCT 1997)

I.14 FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

I. 15. FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

I.16 FAR 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS-OVERTIME COMPENSATION

(MAY 2018)

I.17 FAR 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

I.18 FAR 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

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I.19. FAR 52.222-8 PAYROLLS AND BASIC RECORDS (AUG 2018)

I.20. FAR 52.222-9 APPRENTICES AND TRAINEES (JULY 2005)

I.21. FAR 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

I.22 FAR 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

I.23 FAR 52.222-12 CONTRACT TERMINATION—DEBARMENT (MAY 2014)

I.24 FAR 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND

RELATED REGULATIONS (MAY 2014)

I.25 FAR 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

I.26 FAR 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

I.27. FAR 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION

(APR 2015)

I.28 FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

I.29. FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

I.30. FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

I.31. FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

I.3. FAR 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I.33. FAR 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS (AUG 2018)

I.34. FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (JUN 2019)

I.35. FAR 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

I.36. FAR 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

I.37. FAR 52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

I.38. FAR 52.228-11 PLEDGES OF ASSETS (AUG 2018)

I.39. FAR 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

I.40. FAR 52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

I.41. FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

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I.42. FAR 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

I.43. FAR 52.232-17 INTEREST (MAY 2014)

I.44. FAR 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

I.45. FAR 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

I.4.6 FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

I.47. FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS (DEC 2013)

I.48.FAR 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

I.49.FAR 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE

WORK (APR 1984)

I.50. FAR 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

I.51. FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

I.52. FAR 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

I.53. FAR 52.236-8 OTHER CONTRACTS -- (APR 1984)

I.54. FAR 52.236-9 -- PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

I.55. FAR 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

I.56. FAR 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

I.57. FAR 52.236-12 CLEANING UP (APR 1984)

I.58. FAR 52.236-13 ACCIDENT PREVENTION-ALTERNATE I (NOV 1991)

I.59.FAR 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

I.60. FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

I.61. FAR 52.236-17 LAYOUT OF WORK (APR 1984)

I.62. FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(FEB 1997)

I.63. FAR 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

I.64. FAR 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

I.65. FAR 52.242-13 BANKRUPTCY (JUL 1995)

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I.66. FAR 52.242-14 SUSPENSION OF WORK (APR 1984)

I.67. FAR 52.243-4 CHANGES (JUN 2007)

I.68. FAR 52.248-3 VALUE ENGINEERING -- CONSTRUCTION (OCT 2015)

I.69. FAR 52.249-2 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED-PRICE)--ALTERNATE I (SEPT 1996)

I.70. FAR 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

I.71 FAR 213-4 TERMS AND CONDITIONS-SIMPLIFIED ACQUISITIONS (OTHER THAN

COMMERCIAL ITEMS) (JAN 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

(vi) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(vii) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C.3553).

(viii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub.L.108-77, 108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

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(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec2013)

(vii) 52.233-1, Disputes (May2014).

(viii) 52.244-6, Subcontracts for Commercial Items (Jan 2019).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)(Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2018) (E.O.13126) (Applies to contracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) (41 U.S.C.chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct2015) (38 U.S.C.4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C.793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

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(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (May2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be-

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American-Supplies (May2014) (41 U.S.C.chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition-

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct

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2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.App.1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) - http://www.acquisition.gov Commerce Acquisition Regulation (CAR) – http://farsite.hill.af.mil/vmcara.htm

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the http://farsite.hill.af.mil/vmcara.htm

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Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records.

The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any…