Solicitation Construction 10-0005.pdf

U.S. DEPARTMENT OF COMMERCE

WESTERN ACQUISITION DIVISION

SEATTLE, WASHINGTON

REQUEST FOR PROPOSALS

SOLICITATION NO: AB1330-10-RP-0005

ISSUE DATE: NOVEMBER 23, 2009

TITLE: RECOVERY—CONSTRUCTION OF NOAA'S LA JOLLA

LABORATORY REPLACEMENT PROJECT

LA JOLLA, CALIFORNIA

DUE DATE/TIME: JANUARY 14, 2010, at 2:00 PM (local time) in SEATTLE, WASHINGTON

Offerors are required to submit proposals, at your own expense, by the due date/time set forth in the solicitation.

In addition to narrative and price information, offerors must complete, sign, and return the number of copies stated in the solicitation for the following:

Section A - SF-1442, Solicitation, Offer and Award Section B - Supplies or Services and Schedule of Prices/Costs Section K - Representations and Certifications Forms - Bid Bond

- Subcontracting Plan Outline (Attachment J.2.2)

- Past Performance Questionnaire (Attachment J.2.3)

NOTE: Section L, Instructions to Offerors outlines additional submission requirements.

To be responsive, offers must be complete and, if accepted by the Government, legally binding. Therefore, all offers must include an original signature on the SF-1442, and in Section K.

– NO FACSIMILE OFFERS OR MODIFICATIONS TO BIDS WILL BE ACCEPTED –

- UNRESTRICTED PROCUREMENT -

SOLICITATION, OFFER, AND

AWARD

1. Solicitation No. 2. Type of Solicitation 3. Date Issued Page of Pages

AB1330-10-RP-0005 Sealed Bid (IFB) 11/23/09 1 of 79 (Construction, Alteration, or Repair) X Negotiated (RFP)

IMPORTANT – The “offer” section on the reverse must be fully completed by offeror.

4. Contract No. 5. Requisition/Purchase Request No. 6. Project No.

NAAJ5732-10-00257

7. Issued By Code AJ630031 8. Address Offer to Code AJ630031

WESTERN ACQUISITION DIVISION

SAME AS BLOCK 7

7600 SAND POINT WAY NE

SEATTLE, WA 98115-6349

9. For Information Call:

A. Name B. Telephone No. (Include area code) (No Collect Calls)

JUDI M. JZYK (ID JJ1) 206-526-6039

JUDI.M.JZYK@NOAA.GOV

SOLICITATION

NOTE: In sealed bid solicitation “offer” and “offeror” mean “bid” and “bidder”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS: (Title, Identifying No., Date)

RECOVERY—CONSTRUCTION OF NOAA'S LA JOLLA LABORATORY REPLACEMENT PROJECT

LA JOLLA, CALIFORNIA

11. The Contractor shall begin performance within 7 calendar days and complete it within 548 calendar days after receiving the award, X notice to proceed. This performance period is X mandatory negotiable. ( See Section F, FAR 52.211-10.)

12A. The Contractor must furnish any required performance and payment bonds? 12B. Calendar Days (If “YES”, indicate within how many calendar days after award in item 12B.)

Seven (7) X Yes No

13. Additional Solicitation Requirements:

A. Sealed offers in original and 3 copies to perform the work required are due at the place specified in Item 8 by 2:00 PM local time JANUARY 14, 2010. 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 X is Is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will 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)

OFFER (Must be fully completed by offeror)

14. Name and Address of Offeror (Include ZIP Code)

15. Telephone No. (Include are code)

15. Remittance Address (Include on it different than Item 14)

Code Facility Code

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this is accepted by the Government in writing within ________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum.

AMOUNTS

ENTER AMOUNTS FOR SCHEDULE ITEMS, SECTION B – SUPPLIES OR SERVICES AND SCHEDULE

PRICES/COSTS ON PAGE 3.

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendment to the solicitation - give number and data of each)

AMENDMENT

No.

DATE

20A NAME,TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print) 20B. SIGNATURE 20c. OFFER DATE

AWARD (to be completed by Government)

21. ITEM(S) ACCEPTED

22. Amount

23. Accounting and Appropriation Data

24. Submit Invoices to Address shown above

(4 copies unless otherwise specified)

Item

25. Other Than full and open competition pursuant to

10 U.S.C. 2304(c) ( ) 41 U.S.C 253 (c) ( )

26. Administered by Payment will be made by

WESTERN ACQUISITION DIVISION

7600 SAND POINT WAY NE

SEATTLE, WA 98115-6349

SAME AS BLOCK 26

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office) Contractor agrees to furnish and deliver all items or perform all work, requisition stated in this contract. The rights and obligation s of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and(c) the clauses, representations certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation, is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. Name and Title of Contractor or Person authorized

31A. Name of Contracting Officer (Type or Print)

30b. Signature 30C. Date 31B. United States of America 31C. Award Date

By

STANDARD FORM 1442 BACK (REV. 4-85)

Supplies or Services and Prices/Costs

Item No. Supplies/Services Quantity Unit Unit Price Amount

AB1330-10-RP-0005 Page - 3

SCHEDULE

LS

BASE ITEM

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to complete construction of the NOAA La Jolla Laboratory Replacement Facility in accordance with the contract documents, specifications, and drawings EXCLUDING OPTIONAL ITEMS 0002, 0003, 0004, 0005, & 0006 noted below.

OPTIONAL ITEM(S)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to install Acoustic Tank Life Support Systems in accordance with the project plans and specifications.

personnel, material, equipment, services and facilities (except as otherwise specified) to install Acoustic Tank Mechanical/Plumbing/Electrical Systems in accordance with the project plans and specifications.

personnel, material, equipment, services and facilities (except as otherwise specified) to install Acoustic Tank Equipment in accordance with the project plans and specifications.

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to install Renewable Energy Investment: Photo Voltaic Cell Array--Roof in accordance with the project plans and specifications.

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to furnish and install the Enhanced Furniture, Fixtures, and Equipment (FF&E) in accordance with the project plans andspecifications.

TOTAL OF ALL ITEMS (0001-0006)

LS = Lump Sum

PLEASE NOTE: Offerors must submit pricing for each line item in the above Schedule. Failure to offer in this manner may result in the proposal being rejected without further consideration.

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

AB1330-10-RP-0005

Page - 4

B.1 1352.216-70 CONTRACT TYPE (MAR 2000)

This is a firm fixed-price type contract for construction services.

(End of clause)

B.2 OPTION FOR SEPARATELY PRICED LINE ITEM

The provisions of the Option for Increased Quantity—Separately Priced Line Item, clause as prescribed by FAR 52.217-7 is supplemented as follows:

The Government may require the delivery of the numbered line item(s), identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. Exercise of option line item(s) are at the discretion of the Government. The Contracting Officer may unilaterally exercise any option line item(s) by written notice to the Contractor within 210 calendar days after contract award. Exercise of any option item(s) shall not extend the established contract performance period.

B.3 DEFINITIONS

For purposes of this solicitation, the terms Offer, Offeror, or Offerors is synonymous with the terms Bid, Bidder, or Bidders.

B.4 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009

The resulting contract is anticipated to be funded with American Recovery and Re-Investment Act of 2009 (ARRA) funds. Therefore, in compliance with the transparency and accountability requirements associated with the supplemental appropriations provided by the American Recovery and ReInvestment Act of 2009, Public Law 111-5, particular notice shall be given to special ARRA contract requirements implementing provisions relating to contractor reporting (FAR 52.204-11), Whistleblower Protection (FAR 52.203-15), Buy American Act (FAR 52.225-21, and 52.225-22) and access to contractor records (FAR 52.215-2 Alt I).

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Page - 5

C.1 1352.211-70 STATEMENT OF WORK/SPECIFICATIONS (MAR 2000)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the following the Statement of Work:

Work to be performed will consist of furnishing all labor, materials, and equipment, supervision, to construct a new facility to include a combination of office, storage, chemical and biological laboratories, light industrial shops, computer labs, conference rooms, library, telecommunication facilities, hazardous waste storage, and parking. The work may also include acoustic-optical test tank facility, photo voltaic cell array renewable energy system, and fixtures, furniture, and equipment.

Work shall be completed in accordance with the contract documents, inclusive of the technical specifications and drawings. Both the technical specifications and drawings are an attachment to this solicitation and must be downloaded from the Government website at http://www.fbo.gov.

NOTE: For purposes of this solicitation, the terms "technical specifications" and "specifications" are used interchangeably as well are the terms "plans" and "drawings".

http://www.fbo.gov/

SECTION D

PACKAGING AND MARKING

Page - 6

D.1 THERE ARE NO CLAUSES INCLUDED IN THIS SECTION.

SECTION E

INSPECTION AND ACCEPTANCE

Page - 7

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

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

(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 contract.

(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 premises.

(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 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

SECTION E

INSPECTION AND ACCEPTANCE

Page - 8 latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of Clause)

E.2 1352.246-70 INSPECTION AND ACCEPTANCE

The Contracting Officer or the Contracting Officer's Technical Representative (COTR) as appointed/designated by separate letter after award in accordance with Provision G.2 of this document is the Government's official responsible for inspection and acceptance of required services under the terms and conditions of this contract.

The Government may designate additional representative(s) to provide periodic inspections or observations during the performance of this contract. However, Government inspections are for the sole benefit of the Government and do not relieve the contractor of its responsibilities to provide adequate quality control. The contractor is responsible for inspection of its own work to insure that all work performed conforms to the terms and conditions of the contract.

SECTION F

DELIVERIES OR PERFORMANCE

Page - 9

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to

(a) commence work under this contract within seven (7) calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 548 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.2 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $4,000.00 for each calendar day of delay until the work is completed or accepted.

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

(End of Clause)

F.3 52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted

(1) by an act of the Contracting Officer in the administration of this contract, or

(2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed--

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of Clause)

F.4 CONSTRUCTION SCHEDULE

In accordance with FAR 52.236-15, Schedules for Construction Contracts, the contractor shall provide a “draft” project schedule at the post award/pre-

Page - 10 construction meeting, for review and comments. The project schedule shall specifically show the time frame to accomplish the construction activities. All activities for completion of the work to be performed under this contract must be shown in the schedule.

The schedule shall be in the form of a detailed automated schedule of suitable scale to indicate appropriately the percentage of work scheduled for completion at any given date during the performance period. The schedule shall outline the general sequential order in which the contractor proposes to perform the work, the dates on which the contractor contemplates start and completion dates, contain major contract milestones including dates for critical submittals, major equipment deliveries, major tests/inspections, and performance of work by special subcontractors or trades, etc.

A final project schedule shall be submitted to the Contracting Officer’s Technical Representative (COTR) for approval within 14 calendar days after receipt of notice to proceed (NTP). No actual or physical work is authorized to commence on site until approval of the project schedule. In no event will a delay in providing an approval schedule constitute a waiver or extension of the extablised completion date. Once approved, the schedule shall be updated on a continual basis. The Government will review the contractor's schedule and will either approve, reject, or recommend revision(s) along with supporting rationale. The Government will also receive and review the contractor's periodic updates as submitted with each request for payment and recommend appropriate action. The contractor will continuously monitor actual progress against the schedule, identifying any delays or potential delays and notifying the Government. If delays are encountered or anticipated, the contractor shall coordinate with the Government to mitigate the delays and implement remedial follow-up actions.

With each schedule update, the contractor shall provide a Critical Path Method (CPM) of delivery actions, sourced from Microsoft Project or other compatible program. The level of representation shall detail event sequences for each construction phase, sub-contractor work, building component delivery (Foundation, Superstructure, HVAC system, Power, Lighting, Flooring, etc.) and other project related Government contracts. Any contract float time noted within the project schedule belongs to both parties and shall be used by mutual agreement.

F.5 DELIVERABLE SCHEDULE

Deliverables shall be provided either to the Contracting Officer or COTR, as noted, at specified timeframes throughout the contract’s performance period.

The list below is not intended to enumerate all deliverables under the contract, but only to highlight key elements. The contractor is responsible for all deliverables/submittals required within the contract documents.

REFERENCE DELIVERABLE DUE DELIVER TO

F.4 Construction Project

Schedule Draft @ Pre-construction conference Final 14 calendar days after receipt of NTP

COTR

G.3 Schedule of Value for Contract Payments

Prior to first payment request

H.5 Insurance Coverage Within 5 calendar days CO

Page - 11 after contract award

H.12, H.13, I.102

Performance & Payment Bonds

Seven days after Award

CO

H.22 Approved As-Builts 14 calendar days prior to established contract completion date

H.37 Truck Efficiency Plan, Construction Emissions Management Plan, Haul Plan/Traffic Control Plan, Construction Vehicle Emissions Control Plan, Stormwater Pollution Prevention Plan

(SWPPP)

Approval prior to commencing any work on-site.

COTR

H.44,I.100 E-Verify Enroll in E-Verify Program within 30 calendar days of contract award and initiate verification of employment eligibility with submission of I-90 forms

I.5

Anti Kickback

As Applicable per clause requirements

I.9 Code of Business Ethics and Conduct

Within 30 days after contract award provide a copy of a written code of business ethics and conduct for each employee engaged in performance of the contract and COTR

I.13

Audit and Records

As Applicable per clause requirement

I.94 Whistleblower Post notice of employee rights and remedies within 7 calendar days after receipt of NTP

I.26 Certified Payrolls Per clause requirement COTR

I.39 Employment Reports In accordance with clause requirement

Page - 12

I.96 ARRA Reporting Requirements

No later than the 10th day after each calendar quarter through on-line reporting tool

I.93

I.98

Hotline Poster

Subcontracting Plan Reporting

Display fraud hotline poster within 7 calendar days after receipt of NTP

Quarterly reporting of ISR and SSR using eSRS database system eSRS

K.1 Contractor to Update Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov

Annually CO

Technical Specifications

Submittals required by Technical Specifications

Per Specs COTR

Plans

Submittals as noted on drawings

Per Plans http://orca.bpn.gov/

SECTION G

CONTRACT ADMINISTRATION DATA

Page - 13

G.1 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (MAR 2000)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(End of clause)

G.2 1352.201-71 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) (FEB

2005)

a. TO BE PROVIDED BY SEPARATE LETTER AT THE TIME OF AWARD is hereby designated as the Contracting Officer's Technical Representative (COTR). The COTR may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the Contract. The COTR is located at:

TO BE PROVIDED AT THE TIME OF AWARD

b. The responsibilities and limitations of the COTR are as follows:

(1) The COTR is responsible for the technical aspects of the project and serves as technical liaison with the Contractor. The COTR 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 COTR 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 COTR. No such changes shall be made without the expressed prior authorization of the Contracting Officer (CO). The CO may designate assistant or alternate COTR(s) to act for the COTR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor.

G.3 PAYMENT PROCESS

a. In accordance with FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, the Government will make progress payments monthly as the work proceeds, based on estimates of the work accomplished which meets the standards of quality established under the contract, and as approved by the Contracting Officer.

b. The Government will provide at the pre-construction meeting the form Schedule of Values for Construction Contract Payment, which is required to be completed and submitted prior to the first request for payment. An itemization of value of the various work elements is required to be submitted by the Contractor. The estimated value of each principal category of the work should, when added together, equal the total contract price.

c. In preparing these estimated values, the contractor shall pro-rate costs associated with general conditions, i.e., the cost of preparatory work, overhead, profit, insurance, taxes, warranties, as-built drawings, etc., over the total contract price. Values associated with bonds, may be listed as a separate line item and will be paid upon the Contractor's furnished evidence of full payment. Values associated with mobilization and demobilization shall be

Page - 14 accompanied by detailed breakdowns in support of those costs and shall be noted on the schedule as two (2) separate line items.

d. If satisfactory progress is not achieved during any period for which a progress payment is to be made, the Contracting Officer may withhold up to a maximum of ten (10) percent, in accordance with the FAR clause, of the amount due under an invoice and this amount shall be retained until the satisfactory execution and delivery of all submissions are achieved. Examples of unsatisfactory progress include, but are not limited to: lack of scheduled progress, untimely submission of required deliverables, i.e., reports, schedule updates, payrolls, etc.

e. A request for final payment must be accompanied by a release of claims. A Release of Claims form will be provided to the contractor for use at the post award/pre-construction meeting.

f. The "Final" payment request will be rejected and returned to the Contractor if all items required under the contract have not been submitted, completed, approved, and accepted prior to the receipt of the request, i.e., deficient work items, payrolls, reports, etc.

G.4 INVOICING INSTRUCTIONS

a. The Government will provide at the pre-construction meeting an Invoice for Periodic Estimate for Construction Progress Payment form, which is required to be used for submission of invoices in accordance with FAR 52.232- 5, Payments under Fixed-Price Construction Contracts and FAR 52.232-27, Prompt Payment for Construction Contracts.

b. All invoices shall include the following information:

1. Name and address of the Contractor;

2. Invoice date, number, and performance period;

3. Contract number;

4. Contract line item number and description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed;

5. Where applicable, delivery and payment terms;

6. Name and address of Contractor official to whom payment is to be sent (must be the same as that listed in CCR database, on the contract, or in a proper notice of assignment of claim;

7. Name (where practicable), title, phone number, and mailing address of person to be notified in event of a defective invoice;

8. For progress payments, substantiation of the amounts Requested, noted percent completion, and certification in accordance with the requirements of FAR 52.232-5, Payments under Construction Contracts;

9. Any other information or documentation required by other requirements of the contract; and

10. While not required, the Contractor is strongly encouraged to assign a unique identification number to each invoice or numbered consecutively for easy tracking.

c. Unless otherwise noted, invoices shall be submitted monthly with an original signature to the COTR for review and recommendation for approval based on the requirements of the contract and satisfactory progress. Only "proper" invoices meeting the standards of quality established under the contract will be approved and processed for payment.

Page - 15

G.5 ADMINISTRATIVE CONTRACTING OFFICER

Judi M. Jzyk is hereby designated as the Administrative Contracting Officer for the contract. All correspondence and inquiries concerning administration of this contract should be addressed to the Contract Administrator at the address in Block 7 (page 1) of this document.

SECTION H

SPECIAL CONTRACT CLAUSES

Page - 16

H.1 1352.208-70 PRINTING (MAR 2000)

Unless otherwise specified in this contract, the Contractor shall not engage in, or subcontract for, any printing (as that term is defined in Title I of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with performing under this contract. Provided, however, that performing a requirement under this contract involving the duplicating of less than 5,000 units of only one page, or less than 25,000 units in the aggregate of multiple pages, such pages are not exceeding a maximum image size of 10 and 3/4 inches by 14 and 1/4 inches, will not be deemed printing.

(End of clause)

H.2 1352.209-71 ORGANIZATIONAL CONFLICT OF INTEREST (MAR 2000)

(a) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(c) Remedies - The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default, debar the Contractor for Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(d) The Contractor further agrees to insert provisions which shall conform substantially to the language of this clause, including this paragraph (d), in any subcontract or consultant agreement hereunder.

(End of clause)

H.3 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (MAR 2000)

a. The Contractor agrees, in the performance of this contract, to keep the information furnished by the Government and designated by the Contracting Officer or Contracting Officer's Technical Representative in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify the Contracting Officer in writing in the event that the Contractor determines or has reason to suspect a breach of this requirement.

b. The Contractor agrees that it will not disclose any information described in Subsection A to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

Page - 17

H.4 1352.209-73 COMPLIANCE WITH THE LAWS (MAR 2000)

The Contractor shall comply with all applicable laws and rules and regulations having the force of law which deal with or relate to performance hereunder or the employment by the Contractor of the employees.

(End of clause)

H.5 1352.228-70 INSURANCE COVERAGE (MAR 2000)

Pursuant to the clause "Insurance-Work on a Government Installation (FAR 52.228-5)," the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

a. Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable federal and state workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

b. General Liability.

1. The Contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

2. Property Damage Liability Insurance shall be required in the amount of $-0-.

c. Automobile Liability. The Contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

d. Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

e. Vessel liability. When contract performance involves use of vessels, the contracting officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

(End of clause)

H.6 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE (MAR 2000)

When the Government is injured, wholly or partially as a result of the Contractor's actions and such actions are covered by the insurance required by 1352.228-70, Insurance Coverage, the Government is entitled to recover from the Contractor the full amount of any such injury attributable to the Contractor regardless of an deductible. The Contracting Officer may offset the amount of recovery against any payment due to the Contractor.

Page - 18

H.7 1352.233-70 HARMLESS FROM LIABILITY (MAR 2000)

The Contractor shall hold and save the Government, its officers, agents, and employees harmless from liability of any nature or kind, including costs and expenses to which they may be subject to or on account of any or all suits or damages of any character whatsoever resulting from injuries or damages sustained by any person or persons or property by virtue of performance of this contract, arising or resulting in whole or in part from the fault, negligence, wrongful act or wrongful omission of the contractor, or any subcontractor, their employees, and agents.

(End of clause)

H.8 1352.237-73 KEY PERSONNEL (MAR 2000)

a. The Contractor shall assign to this contract the following Key Personnel:

Project Manager, Quality Control Manager, On-site Superintendent

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 specified.

c. Requests for changes 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)

H.9 1352.242-71 POST-AWARD CONFERENCE (MAR 2000)

A post-award/pre-construction conference with the contractor is required. The conference will be held in La Jolla, California, and the contractor will be notified within 15 calendar days after the date of contract award to coordinate and confirm the specific date, time, and conference location, and any need for attendance by subcontractors, and information regarding the items to be discussed.

(End of clause)

H.10 1352.252-70 REGULATORY NOTICE (MAR 2000)

Contractors are advised that certain provisions and clauses identified with a Commerce Acquisition Regulation (CAR) notation (1352.XXX-XX) for identification purposes, have not yet been incorporated into the CAR. However, all of these items are binding for this acquisition and will eventually be contained in the CAR at Part 13 of Title 48 of the Code of Federal Regulations.

(End of clause)

H.11 DEFINITIONS

For the purpose of this contract, the term Project Officer or Project Engineer synonymous with the term Project Manager. is

Page - 19

H.12 NOTICE OF REQUIRED PERFORMANCE BOND

The contractor shall furnish bonding to guarantee faithful performance of the contract in the amount of 100 percent of the total contract price. Bonding shall be in the form of a performance bond on Standard Form 25 (available online See Section J for website), or in the form of a certified or cashier's check, irrevocable letter of credit, Post Office money order, or currency, or United States Government bonds or notes (at par value) deposited in accordance with Treasury Regulations. Money orders and checks shall be drawn payable to: U.S.

Department of Commerce, NOAA. Resulting contract is subject to the Miller Act;

therefore, the security interest shall be maintained until completion of any warranty period (applicable only to performance bonds).

H.13 NOTICE OF REQUIRED PAYMENT BOND

The contractor shall furnish bonding to guarantee faithful payment to all persons supplying labor or materials in the performance of the contract in the amount of 100 percent of the total contract price. Bonding shall be in the form of a payment bond on Standard Form 25A (available online See Section J for website), or in the form of a certified or cashier's check, irrevocable letter of credit, Post Office money order, or currency, or United States Government bonds or notes (at par value) deposited in accordance with Treasury Regulations.

Money orders and checks shall be drawn payable to: U.S. Department of Commerce, NOAA. Resulting contract is subject to the Miller Act; therefore, the security interest shall be maintained pending resolution of all claims filed against the payment bond during the 1-year period following final payment.

H.14 SITE OWNERSHIP

Contractors are advised that this project will be performed on land wholly owned by the Regents of the University of California. A Ground Lease has been issued to The United States of America, acting by and through The Department of Commerce, National Oceanic and Atmospheric Administration.

H.15 ARCHITECT/ENGINEER

"Architect/Engineer" (A/E) refers to the professional services contractor for this project. The Contractor shall not deal directly with the architect in any manner. All contact with the architect shall be done through the Government's COTR. Contractor questions regarding any item in this solicitation, including requests for clarifications, shall be sent in writing to the Contract Specialist in accordance with Provision L.10, Inquiries.

The A/E is currently responsible for the design only. The A/E may provide certain construction contract administration/post-construction services in the future and may include the review of and recommended action on all submittals (including schedules, shop drawings, catalog cuts, and samples), change orders, time extensions, and like matters to the Government. However, the main point of contact shall remain the Government's COTR.

H.16 USE OF PREMISES

FAR 52.236-10, Operations and Storage Areas, states that "The Contractor shall, under regulations prescribed by the Contracting Officer or his/her appointed representative, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the Contracting Officer." The Contractor shall provide dust control measures on the contract site and on access roads leading to the contract site by water sprinkling, Page - 20 calcium treatment, or similar methods as approved by the Contracting Officer or his/her appointed representative.

H.17 SUBCONTRACTS

(a) Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the contractor in dividing the work among subcontractors, or to limit the work performed by any trade.

(b) The contractor shall be responsible to ensure that all contract information, including all flow-down clauses, is provided to each subcontractor tier.

(c) The contractor shall be responsible to the Government for acts and omissions of his own employees, and of subcontractors and their employees. The contractor shall also be responsible for the coordination of the work of the trades, subcontractors, and suppliers.

(d) The Government will not undertake to settle any differences between or among the contractor and his subcontractors or suppliers.

(e) The contractor shall, without additional expense to the Government, employ specialty subcontractors where required by the specifications. "Specialty Subcontractors," when specified as a requirement, means a subcontractor regularly engaged in the manufacture or installation of the contract items. The specialty subcontractor shall select and combine the materials involved, maintain and have available for the purpose, workmen skilled in the specified work. The specialty subcontractor shall be the manufacturer, be licensed by the manufacturer as an installer, or work under direct supervision of the manufacturer.

H.18 COORDINATION OF TRADES

Drawings are in part diagrammatic, which show the general arrangement of work rather than specifics. The contractor shall employ a competent on-site engineer/superintendent to coordinate all field work and shop drawings of the various trades prior to submission of shop drawings for approval and prior to installation of any work. Spaces shall be allotted to the various trades prior to the installation of the work. In spaces where all the various installations cannot be accommodated, the Contractor shall, prior to fabrication or installation of work, notify the Contracting Officer or his/her appointed representative, and submit suggestions for a solution. The contractor shall be responsible for coordination of the various trades and coordination of all supplier(s) material deliveries.

H.19 USE OF POWER EQUIPMENT BY CONTRACTOR

If elevator(s) is used for temporary service during construction it shall be provided with temporary platform(s) and cab(s) complying with American National Standards Institute "Safety Code for Building Construction" during the period of use. Before acceptance by the Government, new hoisting and governor ropes shall be installed, brake shoes re-lined, worn or damaged controller parts replaced and other equipment placed in condition equal to new.

Page - 21

H.20 STANDARD REFERENCES

(a) Any materials, equipment, or workmanship specified by reference to the number, symbol, or title of any specific standard shall comply with the latest edition or revision thereof, and any amendment or supplement thereto, in effect on the due date of the proposals, except as limited to type, class or grade, or modified in the specifications.

(b) Standards referred to in the plans and specifications, except as modified, shall have full force and effect as though printed in full text in the plans and specifications.

(c) The contractor shall have access to a complete and current set of manufacturers' and federal standards referenced in the solicitation on site either in hardcopy or by internet.

H.21 CODE COMPLIANCE

Contractor shall be responsible for complying with all current city, state, cal, and federal ordinances and codes, e.g., OSHA, DOL, and EPA regulations. lo

H.22 AS-BUILT DRAWINGS

(a) The Contractor shall maintain one (1) set of completed and up-to-date paper reproducible drawings, which shall be available for inspection by the Contracting Officer or his/her appointed representative, at any time during the progress of the work. These drawings shall be marked-up to record all changes in the work as they occur, in such a manner as will provide a complete, accurate as-built record.

(b) The contractor shall submit one (1) set of completed and up-to-date record drawings in both red-lined mark-up format and in electronic format which highlights recorded changes onto the project construction document files.

Drawings will be completed in the most current version of AutoCAD, the text documents in the most current version of Microsoft Word. The completed set of as-built drawings, both paper and electronic formats, shall be delivered to the Contracting Officer or his/her appointed representative. As-builts shall be submitted for review/approval as a condition precedent to the request for final inspection of the work. Final submission shall be provided to the COTR a minimum of 14 calendar days prior to the established contract completion date.

H.23 HOURS OF WORK

All work shall be performed between 7:00 a.m. and 5:00 p.m. local time, Monday through Friday. In the event that the Contractor wishes to work on the day of a Government holiday, he shall notify the Contracting Officer or his/her appointed representative, a minimum of seven (7) calendar days in advance of the date he wishes to work. If the Contractor wishes to schedule work on weekends, he shall notify the Contracting Officer or his/her appointed representative, prior to 3:00 p.m., Seattle time on the preceding Thursday. No work outside the performance periods noted above shall be undertaken without prior approval from the Government.

H.24 MATERIALS ON-SITE

Unless otherwise provided in the specifications or drawings, materials removed and not reused under the contract shall become the property of the Contractor.

The materials shall be removed from the site by the Contractor; and storage or sale of the materials on the site will not be permitted.

Page - 22

H.25 SAMPLES

FAR 52.236-5, Material and Workmanship, states that "When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the materials or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles.

When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection." The following is the full information required by the Contracting Officer regarding the submission of samples:

(a) Samples shall be submitted within seven (7) calendar days after date of receipt of Notice to Proceed, unless otherwise specified.

(b) Each sample shall have a label indicating:

1. Name of project and contract…