AG-4431-S-10-0020 - Solicitation Package Install Emergency Generator.pdf

TO ALL PROSPECTIVE BIDDERS

The U.S. Department of Agriculture, Agricultural Research Service, Mid South Area anticipates award of a Firm-Fixed-price Contract, as set forth in this sealed-bid solicitation. It is highly recommended and strongly encouraged that a1l prospective bidders visit the project site, inspect and observe the site.oniiiiorrr, andieview the project scope and requirements at the site prior to submissionofabid'Apre-bidconferenceandsiteinspectionwillbec.onductedfor prorp..tin. bidd.rr ng the Government's requirements and to answer any questiori, rriuroing this solicitation. The site visit is scheduled for August 19, 2010 dL^L^^ D ^^^^-^L at 10:00 p.m. cST ano iltt be held at uSDA, ARS, MSA, Jamie whitten Delta States Research

Center, 141 Experiment Station Road, Stoneville, Mississippi33T16. All qu-eqtions on this oroie.i *rrrt b" in *ritinn und should bq "muil.d or fa"ed to tht Contructitte Offittr (hrrron.vird"n@*r.

to ***@o Rtl terms and conditions of the solicitation sharr remain unchanged, .rniess formally changed by a written amendment to the solicitation and posted to www.fbo.gov.

The following instructions will assist you in submitting a responsive bid:

In order to be considered responsive, a bidder must complete and return I original & I copy of the following:

1. SECTION A - THE SCHEDULE (SF-1442) INCLUDING ACKNOWLEDGMENT OF

AMENDMENT(S)ANDSIGNATURE-MustincludeDuns#inbox14alongwithyour name and address

2. SECTION B.1 - SCHEDULE OF ITEMS - Bid on all items set forth in Bid Schedule', including Base Bid and all Optional Bid Items (if any)'

3. Attachment ll - BID BOND (in accordance with Section I.5, Notice of Required Bid

Guarantee)

4. References - Reference five customers for which you have completed jobs within the past year. Provide a contact person, telephone number, and address with zip code for each

Lustomer. If possible, aiso include the contactperson's email address'

NOTE: Contractors are required to register or update their registration at the central

Contractor Registration website at ww"w.ccr.gov in order to receive a contract award under this solicitation, and register or update their iegistration at the Online Representation and

Certification Application website at http://orca'bpn'gov'

Bids must be returned in a sealed envelope with the following information on the outside of the envelope: Either pr*ia. the solicitation number, bid opening date, ana!r^agryning time on the outside of sealed envelope or use form oF-17 IMPORTANT NOTICE TO BIDDER/OFFEROR'

Bids must be received no later than 2:00 PM on sept. 08, 2010 as set forth in Item 13 of

Part I - THE SCHEDULE (SF-1442)'

FACSIMILE OR EMAILED BIDS WILL NOT BE ACCEPTED'

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair)'.."'

TABLE OF CONTENTS

SECTION B - SI'PPLIES OR SERVICES AND PRICE/COSTS....."

8.1 BID SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT"....'"'""'

c.1 STATEMENT OF WORr?SPECTFTCATIONS (AGAR 452.211-72) (FEB 1988)

C.2ATTACHMENTSToSTATEMENTSoFWORK/SPECIFICATIONS (AGAR 4s2.2r1-73) (FEB 1988)...'...'.

SECTION D - PACKAGING AND MARKING..".".."

[For this solicitation, there are NO clauses in this Section.]

SECTION E - INSPECTION AND ACCEPTANCE

E.1 SIJBSTANTIAL COMPLETION INSPECTION...."

8.2 FINAL INSPECTION....."..".

E.3 FINAL ACCETANCE .."."..".

SECTION F . DELIVERIES OR PERFORMANCE

F.l COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(FAR sz.zlr-rc) (APR 1 e84)..'.'...'

F.2PERFORMANCEoFwoRKBYTHECONTRACTOR(FAR52.236-I)(APR1984)...'

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S EPRESENTATTVE...

G,2 CONTRACT CLOSEOUT...".."...

G.3 AS-BUILTDRAWINGS......".."

G.4 RELEASE FROM CLAIMS...

G.5 SUPPLEMENT TO CHANGES CLAUSE''

G.6POSTAWARDEVALUATNOoFCONTRACTORPERFORMACNE(AGAR88c)

G.7 SUMMARY SHEET FORMAT'

SECTION H . SPECIAL CONTRACT REQUIREMENTS

H.1 AVATLABTLTTY AND USE OF UTTLTTY SERVICES (FAR s2.236-14) (APR 1984)

H.2 POST AWARD CONFERENCE (AGAR 452.2rs-73) (NOV 1996)

H.3 TNSITRANCE COVERAGE - ALTERNATE I (AGAR 4s2.228-7t) (NOV 1996)

H.4 PROHIBITION AGAINST THE USE OF LEAD-BASED PAINT

(AGAR 4s2.236-7 I) o.{ov 1 996)

H.5 USE OF PREMISES (AGAR 4s2.236-72) (NOV 1996)

H.6 ARCHAEOLOGICAL OR HISTORIC SITES (AGAR 452.236-73) (FEB 1988)

H,7 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

(AGAR 4s2.236-7 4) (NOV 1 9e6)

H.8 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

H.9 PROPERTY DAMAGE LIABILITY INSURANCE

H.lO MAXIMLM WORKWEEK - CONSTRUCTION SCHEDULE

(AGAR 4s2.236-7 s) (NOV 1996)

H.11 SAMPLES AND CERTIFICATES (AGAR 4s2.236-76) (FEB 1988)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

r.1 CLAUSES INCORPORATED BY REFERENCE (FAR s2.2s2-2) (FEB 1998)

1.2 BIIY AMERICAN ACT- CONSTRUCTION MATERIALS (FAR 52,225-9) (JAN 2OO5)

r.3 BrD GUARANTEE (FAR s2.228-r) (SEP 1996)

1.4 PERFORMANCE AND PAYN4ENT BONDS - CONSTRUCTION

(FAR s2.228-15) (NOV 2006) r.5 ALTERNATIVE PAYMENT PROTECTIONS (FAR 52.228-13) (ruL 2000)

I.6 REIMBURSEMENT FOR BOND PREMIUMS -- FIXED-PRICE CONSTRUCTION

CONTRACTS (AGAR 4s2.232-7 0) (NOV 1 9e6)

PART III - LIST OF DOCTIMENTS, EXHIBITS, AND OTHER TTACHMENTS

SECTION J - LIST OF ATTACHMENTS.

J.1 LIST OF ATTACHMENTS

Attachment I - Wage Determination Attachment II- Bid Bond Attachment III - Specifications and Drawings

PART IV - REPRESENTATIONS AND INSTRUCTIONS...."

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS

K.l SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FAR 52.2s2-r) (FEB 1 e98)..'. "..'....'..

K.2ANNUALREPRESENTATIONSANDCERTIFICATIONS

(FAR 52.204-8) (JAN 2006)

SECTION L . INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.l SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FAR s2.2s2-r) (FEB 1998).... ..'

L.2 TYPE OF CONTRACT (FAR s2'216-t) (APR 1984)..."""

L3 DAVIS-BACON ACTCSECONDARY SITE OF THE WORK (FAR s2.222-5)

(ruL 200s)

L.4 NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTI-NITY FOR CONSTRUCTION

(FAR s2.222-23) (FEB leee). ...'.' L.s NOTICE Op el;y AMERICAN ACT REQUIREMENTS - CONSTRUCTION

MATERIALS (FAR s2.22s-r0) (MAY 2002)....'..'

L.6 BID GUARANTEE (FAR s2.225-t)(SEP 1996)

L.7 SERVICE OF PROTEST (FAR 52.233-2) (SEP 2006)""' ""' ""

L.8 INQUIRIES (AGAR 452.204-70) (FEB 1988).""""

L.s ALTERNATivg FoRMs oF sECURITy (AGAR 4s2.228-70) (Nov 1996).'..'

L.10 rrE vrsrT (coNSTRUCrroN) (FAR s2.236-27) (FEB 1e95) (Alt. I - FEB 1e95).......'.

SECTION M - EVALUATION FACTORS FOR AWARD

M.l EVALUATION OF OPTIONS (FAR s2.2r7-5) (ruL 1990)"' "" """

B.1

SECTIONB-SUPPLIESANDSERVICESANDPRICE/COST

BID SCHEDULE:

In order to be considered responsive, a bidder must bid on all items in the quantities stated in the schedule.

project Title: INSTALL EMERGENCY GENERATOR BUILDING 50

Location: USDA, ARS, MSA, Jamie Whitten Delta States Research Center, 141 Experiment Station Road, Stoneville, Mississippi 38776.

LUMP SUM BID FOR BASE BID ITEM ONLY $

The base period of performance is 180 calendar days from date of issuance of the Notice to

Proceed.

All work shall be in strict accordance with the attached Drawings and Specifications'

SET ASIDE: This Acquisition will be set-aside as a total Small Business Set-Aside

BASE BID

Furnish all labor, materials, equipment, and perform all work in strict accordance with the plans and specifications for Install Em.rg.n.y Generator Building 50' The work to be done consists of but is not limited to;Installation of emelgency generator, automatic transfer switch, conduit and conductors in nuiiOing 50, located at USDA, ARS, MSA, Jamie Whitten Delta States

Research Center, 141 experiment Station Road, Stoneville, Mississippi'

C.l STATEMENT OF WORIVSPECIFICATIONS (AGAR 4s2.2tr-72) (FEB 1e88)

The contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Statement of Work/Specifications referenced in Section J' c.2 (AGAR 4s2.211-73) (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

(For this Solicitation, there are NO Clauses in this Section)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 SUBSTANTIALCOMPLETIONINSPECTION

The Contractor shall notify the COR at least ten (10) calendar days before the end of the contract completion date to schedule the project for a substantial completion inspection to be conducted.

8.2 FINAL INSPECTION

(a) A final inspection shall be made only when all the materials have been furnished, all the work has been performed, and all the construction provided for by the contract in accordance with the terms has been completed. If, upon examination by the Contracting Officer and/or

Govemment inspection personnel, the project is determined not sufficiently completed to have warranted a final inspeciion, the Contractor may be held financially liable for additional cost of reinspection when material and workmanship are not ready at the time specified by the

Government for its insPection'

(b) The contracior shall give the Contracting Officer seven (7) calendar days advance notice, in writing, of the date the work will be fully completed and ready for final inspection'

(c) The Contracting Officer will notify the Contractor of any discrepancies and lot omissions noted at the final inspection by providing a "punch list" as to the discrepancies/omissions, replacement of materials and performance or reperfofinance of any unsatisfactory work n.".rrury for final acceptance. This notification shall not in any way be deemed an extension of the contract completion date. If all construction required by the contract is found completed and all contractual doiuments (i.e. payrolls, shopias-builts/red-line drawings, release from claims, etc.) have been submitted, the Contracting Officer shall notify the

Contractor of such in writing by processing the final payment for the project.

(d) Acceptance shalibe final and conclusive, except for latent defects, fraud' or such gross mistak". ui *uy amount to fraud, or regarding the Government's right under any warranty or guarantee.

E.3 FINAL ACCEPTANCE

Upon written notification that all deficiencies identified during the final inspection have been corrected, the Contracting officer will schedule a final acceptance inspection of the work. If all construction required byitre contract is determined to be complete and all requisite contract deliverable (e.g., certified pa1,rolls records, operation & maintenance manuals, as-built drawings, warranty documents, etc.) have been submitted and approved by the Government, the

Contraciing Officer shall notify the Contractor in writing of such acceptance. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the

Government's rights under any waffanty or guarantee'

SECTION F - DELIVERIES OR PERFORMANCE

F.l COMMENCEMENT. PROSECUTION. AND COMPLETION OF WORK (FAR s2.2rt-t0) (APR 1984)

The contractor shall be required to (a) commence work under this contract within 14 calendar days after the date the contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 calendar days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

G.l CONTRACTING OFFICER'S REPRESENTATIVE

A Contracting Officer's Representative (COR) will be designated after contract award'

The contractor will be notified by letter of the name and duties of the COR.

G.2 CONTRACT CLOSEOUT

(a) Closeout Procedures:

(1) Comply with provisions in conditions of Solicitation/Contract Agreement relating to submitiais priorlo substantial completion, or Owner's use of completed portions of work'

(2) Provide submittals required by governing authorities.

(b) Cleaning:

(1) Execute cleaning during progress of work and at completion of work' iZ,l Reference otheripecification sections for additional specific work' i:i Maintain premises and public properties free from accumulations of waste, debris, and rubbish caused bY oPerations.

(4) At completion of work, remove waste materials, rubbish, tools, equipment, machinery, and surPlus materials:

a. Clean all sigh;exposed surfaces'

b. Leave project clean and ready for occupancy or use' c.Al1 concr"i. floo^ and stairwells are to be broom cleaned.

(5) Areas disturbed during construction operations shali be restored generally to match conditions existing prior to start of work.

(c) Project Record Drawings:

(1)Maintaindocumentsinclean,dry,legiblecondition' iZj Make documents available at all times for inspection by COR, CO' and other individuals as may be designated by the CO'

(3) Label each document "Project Record'"

(4) Keep record documents current'

(5) Do not conceal work until required information has been recorded.

(6) At completion of work, and bifore final acceptance, submit as-built drawings in accordance with special contract requirements'

(d) Operating and Maintenance Manuals:

(i) System Demonstration a.prior to final inspection demonstrate operation of each system to the COR, CO, and other individuals as may be designated by the CO'

b. Instruct designated Government personnel in operation, adjustment, and maintenance of equipment and systems, using the operation and maintenance data as the basis of instruction.

(2) Warranties and Bonds:

a. Submit warranties and maintenance bonds prior to final application for payment'

1. Submit within ten days after date of substantial completion.

Z. For items of work delayed materially beyond date of substantial completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period.

G.3 AS-BUILT DRAWINGS

On completion of work, one set of paper specifications and one print and one plastic reproducible oieach of the contract drawings accompanying those specifications shall be neatly and clearly marked in red to show all variations between the construction actually provided and that indicated or specified and delivered to the CO. Where a choice of materials and/or methods is permitted, the ui-Uultt drawings shall define the construction actually provided.

Representation of such variationshall conform to standard drafting practice and include such supplementary notes, legends and details as may be necessary. The contractor shall stamp the term RECORD DOCI'MENTS, date and sign all plastic reproducibles, drawings and volumes of marked specifications. Legibility and clear portrayal of the as-built construction and marked prints stratt Ue subject to alproval by the Contracting Officer with the recommended approval of the Engineering Project Manager (EPM)'

G.4 RELEASE FROM CLAIMS

Upon satisfactory completion of all work, the contractor shall furnish a statement of release of all claims against the Government arising under and by virtue of the contract. The contractor shall completJ and submit, on company letterhead, the following statement with his final billing:

"For and in consideration of the receipt of final paynnent in the amount of $ under and pursuant to Contract No. the undersigned hereby releases the

Government from any and all obligations whatsoever arising under said contract.

Signature

G.5 SUPPLEMENT TO CHANGES CLAUSE

The provisions of the Changes Clause (FAR 52.243-4), as applicable, are supplemented as follows:

a) The contractor shall provid e an itemrzed breakdown or take-off for all charges involving an increase or decrease in itre contract price. The proposal shall be in sufficient detail that will enable the Government to determine the reasonableness of the contractor's and subcontractor's cost to do the change. As a minimum, the following shall be shown:

1. Material quantities and unit prices;

2. Labor cosis (broken down by trades, hours worked, and hourly rate);

3. Labor burden (Fringe Benefits, Workmen's Compensation, and Public Liability

Insurance);

4. Overhead;

5. Profit;

6. FICA, and FUTA employment taxes; and

7. Sales tax (if anY).

b) On proposals offering a credit be shown.

Date for work omitted, deductions for overhead and prof,rt shall aiso

c) If the proposed change will result in an increase or decrease in the contract performance period, the contractor shall state the exact number of days involved' If the proposed change is approved and the Government agrees with the increase or decrease in completion time, the cfmpletion date will become apartof the contract modification.

d) Following (G.6) is a sample format for showing related costs as a result of a change order' A similar sheet shall u"ro-puny each written detailed cost breakdown. The sample format is self-explanatory and cleaily rho*r the method for computing overhead, profit, and other items on proposed changes'

'RIME

coNTRACToBEiuaBK

i. Direct Materials

2. Sales Tax on Materials

3. Direct Labor

4. Insurance, Taxes, and Fringe Benefits

5. Rental Equipment

6. Sales Tax - Rental EquiPment

7. SIIBTOTAL (lines 1-6)

8. Overhead

9. SIIBTOTAL (add

10. Direct Materials

11. Sales Tax on Materials

12. Direct Labor

13. Lrsurance, Taxes, and Fringe Benefits

14. Rental EquiPment i5. Sales Tax - Rental EquiPment

16. SUBTOTAL (lines 10'15)

17. Overhead

18. SUBTOTAL (add lines 16-17)

19. Profit

20. SUBTOTAL (add lines 18-19)

21. Pnme's Work (from line 9)

22. Sub's Work (from line 20)

23. SUBTOTAL (add lines2l'-22)

24. Prime's Overhead on Sub

25. Prime's Profit

26. SUBTOTAL (add lines23-25)

27. Prime's Bond Premium

28. TOTAL Cost lines 7-8)

SUBCONTRACTOR=S WORK

SUMMARY

% of line 1

% of line 3

% of line 5 oh of line 7

% of line 10 oh of line 12 o/n of line 14

%o of line 16

% of line 18

% of line 16

% of line 16

'/o of line 26 s s s

Estimated time extension (if any and justification):

Signature and Title of PreParer Date

NOTE: THE CUMULATIVE TOTAL FOR OVERHEAD AND PROFIT OF ALL

SUBCONTRACTORS AND THE PRIME CONTRACTOR SHALL NOT EXCEED 30 PERCENT'

FOR PRIME CONTRACTOR'S WORK ONLY, THE CUMULATIVE TOTAI FOR OVERHEAD

AND PROFIT SHATL NOT EXCEED 20 PERCENT'

G.6 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

(AGAR ADVISORY 88c)

a) Contractor Performance Evaluations

Interim and final evaluations of contractor performance will be prepared on thi.s contract in accordance with FAR 42.15 (or FAR 36.201for construction, or FAR 36.604 for Architect

Engineering). The final performance evaluations will be prepared at the time of completion of work.

lnterim and flnal evaluations will be provided to the contractor as soon as practicable after completion of the evaluation. The Contractor can elect to review the evaluation and submit additional information or a rebuttal statement. The contractor will be permitted thirty days to respond. Contractor response is voluntary and is not mry{atorV' Any disagreement between the parties regarding an evaiuation will be reierred to an individual on level above the Contracting

Officer, whose decision is final' copies of the evaluations, contractor responses, and review comments, if any , will be retained as part of the contract file, and may be used to support future award decisions'

b) Electronic Access to Contractor Performance Evaluations

FAR 42.15 (or FAR 36.201for construction, or FAR 36.604 for architect engineering) require agencies to prepare interim and final evaluations of contractor performance. The u'S'

D"epartmenio Agriculture utilizes the National Institutes of Health (NE{) Contractor

Performance System (cPS) to record and maintain past performance information' The cPS module for architect engineer contracts is not yet available, therefore the following information regarding electronic access does not apply to architect engineer contracts'

Contractors that have Internet capability may access evaluations through a secure Web site for review and comment by completing the registration form that can be obtained at the following

URL:

The registration process requires the contractor to identify an individual that will serve as a primary contact and who *itt b. authorized access to the evaluation for review and comments'

In addition, the contractor will be required to identify a secondary contact who will be responsible for notifying the cogni zint contracting official in the event the primary contact is unavailable to process tf,e evaluation within the required 30 day time period' Once the contractor is registered and a performance evaluation has been prepared and is ready for comment, the CpS will send an email to the contractor representative notifying that individual that aperformance evaluation is electronically available for review and comment'

G.7 INVOICE PREPARATION AND SUBMISSION

Based upon acceptance of required contract deliverables, the contractor shall submit an doriginal invoice and one copy to the following address:

USDA, ARS, MSA

ATTN: Procurement Office P. O.box225 141 Experiment Station Road

Stonevi111e, MS 38776 -0225

The contractor shall include the following information on each invoice in order to be considered a proper invoice:

1. Name and address of contractor

2. Invoice number and invoice date

3. Contract Number

4. Description of work and period of performance

5. Name, title, phone number and complete mailing address of person to notify in the event of a defective invoice 6.TaxpayerldentificationNumber(TrNandDllNSNumber

7. Invoices must be submitt4ed with AR3-3ir andARs-372, along with certified payroll records and the updated CPM Schedule

H.l AVAILABILITY AND USE OF UTILITY SERVICES

(FAR s2.236-14) (APR 1e84)

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

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the

Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the

Contractor shall remove all lhe temporary connections, distribution lines, meters, and associated paraphernalia.

H.2 POST AWARD CONFERENCE

(AGAR 4s2.2|s-73) (NOV r9e6)

A post award conference with the successful offeror is required. It will be scheduled within :tidays after the date of contract award. The conference will be held at:

USDA, ARS, Jamie Whitten Delta States Research Center, 141 Experiment Station Road, Stoneville, MS. 38776'

H.3 INSIJRANCECOVERAGE

(AGAR 4s2.228-7r) (NOV ree6) pursuant to FAR clause 52.228-5,lnsurance-Work on a Government Installation, 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 workersi compensation and occupational disease statutes' If o"",,putiorral diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the intutan.. policy, except when contract operations are so co-mirrgl"d with a Contractor's commerciaioperations 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 exclusiveir monopolistic funds that do not permit worker's compensation to be written by private carriers.

@j General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence'

(c) Autom-obile Liability. The Coniractor shall have automobile liability insurance written o' u.o*prehensive form of ptlicy. The policy shall provide for bodily injury and property damage liability covering the opeiation of all automobiles used in connection with performing the contract. policies covering automobiles operated in the United States shali provide coverage of at least $200,000 p., p"rro-n and $500,000 per occulrence for bodily injury and $20,000 per occuffence for property damage or loss'

(d) Aircraft puUti. and iassenger 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, othei than passenger injury. Coverage for passenger injury shall be at ieast

$200,00d rnultiplied by the number of seats or passengers, whichever is greater'

H.4 (AGAR 4s2.236-71) (NOV 1996)

Neither the Contractor nor any subcontractor performing under this contract shall use paints containing more then 0.06 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

H. 5 USE OF PREMISES

(AGAR 4s2.236-72) (NOV re96)

(a) Before any camp, quaffy, borrow pit, storage, detour, or bypass site, other than shown on the drawings, i, op.r.O oi operated ott iSpR land or lands administered by the USDA' the

Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the

Contractor.

(b) Unless excepted elsewhere in the contract, the contractor shal1 (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H. 6 ARCHAEOLOGICAL OR HISTORIC SITES

(AGAR 4s2.236-73) (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general ut.u of th" site(s) and notify the Contracting Officer immediately.

H,7 (AGAR 4s2.236-74) (NOV ree6)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to pr"rr"rri ,ittlng and muddying of streams, rivers, irrigation systems' and impoundments (lakes' reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggfegate operations shail not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than discharged.

(i) Mechanized equipment shall not be operated in approval by the Contracting Officer' that of the stream into which it is flowing streams without written

(a) Within fourteen (14) days after the date of receipt of Notice to Proceed, the contractor shall piepare and submit to the Contracting Officer for approval the original copy of ARS Form

371, bonstruction progress and Payment Slhedule. This form will serve as a Schedule of

Estimates, progress SJhedule, and when used with ARS Form 372, it will be basis for Requests or Partial Payrnent. The values employed in making the schedule will be used only for determining partial payments and will not be considered as fixing a basis for additions to or deductions from the contract. A copy of the approved schedule will be returned to the contractor.

(b) Samples of both ARS Forms 371 and 372 are available upon request. A supply of these forms together with instruction for completion of ARS Form 371 will be mailed to the contractor with the Notice to Proceed.

(c) ARS Form 371 is required even though progress or partial payments are not requested.

(d) The need by an offeror for partial or progress payments, when authorized in the payment'provision of ttris solicitation, will not bi treated as a handicap in making the award'

H.8

H.9

The contractor shall ensure that the property damage liability insurance policy (or rider) required by FAR 52.228-5,Insurance -- work on a Government Installation' is in ful1 compliancl with all the terms and conditions of this contract. The policy shall not contain any exclusions or exceptions that would limit or adversely affect the Government's rights and remedies under any other clause in this contract or other Federal regulation or law. Should there be any exclusions or exceptions contained in the policy that limits or adversely affects the

Govemment,s rights, the contractor shall be responsible for the full amount of any damages that occur to the immidiate facilities, adjacent facilities/property, and other Govemment property under the control of the contractor due to fraud, negligence, vandalism, willful misconduct, or violation of Federal, state, or local safety regulations' building codes, and laws-- The contractor shall have full responsibility and is liable for these facilities and properties until the Govemment has accepted the contract as being completed in full and a release from claims has been received from the contractor.

For those areas where the Government has taken "beneficial occupancy''prior to completion and acceptance of the whole contract, the contractor shall not be responsible for those specific areas under Government control, except in such instances where damage occurs to those areas as a result of negligence, fraud, vandalism, willful misconduct, or violation of

Federal, state, or local safet! rigulations, building codes, or laws in those areas under the control of the contractor.

This liability and responsibility includes the activities of ail the contractor=s personnel' the subcontractors, and suppliers.

H.10 IMITM WORKW

(AGAR 4s2.236-7s) cNov ree6)

Within 10 calendar days after receipt of a written request from the Contracting Officer, the contractor must submit the following in writing for approval:

(a) A schedule as required UV fen clause 52.236-15, Schedules for Construction

Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the contractor proposes to carry out the work'

MAXIMUM WORKWEEK -- CONSTRUCTION SCHEDULE SUPPLEMENT

The maximum worlcrveek that will be approved is Monday through Friday, not to exceed 40 hours per week (The beginning time and ending time may vary per location)'

Listed below are official Govemment holidays:

New Year's DaY

Martin L. King BirthdaY President's DaY

Memorial Day Independence DaY

Labor Day Columbus DaY

Veterans DaY Thanksgiving DaY

Christmas DaY

Inauguration DaY

January 1* Third Monday in JanuarY

Third Monday in FebruarY

Last Monday in MaY

July 4* First Monday in SePtember

Second Monday in October

November 1lx Fourth ThursdaY in November December 25* January 20* (for Washington D.C' Metropolitan area $[OCMA) if a Sunday, the next succeeding day is selected.)

xln accordance with Federal Regulations, if these holidays fall on a Saturday, the holiday will be observed on Friday, if Sunday, holiday will be obsewed on Monday.

The contractor will be required to follow Government procedures for any unscheduled shut down of the Government installation due to weather conditions, security' Govemment identified emergency health and safety evacuation, etc'

SEVERE WEATHER WARNING REQUIREMENTS: When a severe weather warning has been issued for the area in which construction is being performed, the contractor shall immediately take action to tie down, or otherwise secure structures, materials, and equipment on the job site that could become airborne as a result of strong winds, thunderstorms, rain' or other weather-related conditions. These requirements are appli cable 24 hours a day,7 days a week' woRK OUTSIDE REGULAR HOURS: If the contractor desires to work outside regular hours' or on Saturday, Sunday, or Feder allegalholidays, he shall submit a written request to the co/coR at least 5 working days in advance to allow ample time for approval or disapproval and to enable satisfactory ananlements to be made for security, safety' and inspecting the work progless.

In cases where the contractor receives approval to work outside of normal working hours for his convenience, cost incurred by the contractor for overtime and additional cost incurred by the Government for services including inspection costs shall be borne by the contractor'

H.11 SAMPLES AND CERTIFICATES

(AGAR 4s2.236-76) (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates' and test data shall be submitted after award of the contract, prepaid, in time for proper action by the

Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements. Samples shall be submitted in duplicate by the contractor, except as otherwis" ,pr"ifi.d, to show compliance with the contract requirements' Materials or equipment for which samples, certifications or test data are required shall not be used in the work untif approved in writing by the Contracting Officer'

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE

(FAR s2.2s2-2) (FEB 19e8)

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in fulltext. Upon request, the contracting officer will make their full text available. Alio, the full text of ailause may be accessed electronically at these addresses: http:l lacquisition.gov lcomplfarlloadmainre.html

I.FEDERALACQUISITIONREGULATION(4SCFRCHAPTERl)CLAUSES

NUMBER

52.202-r 52.203-3 52.203-s s2.203-6

52.203-7 52.203-8

52.203-10

52.203-r2

52.204-4

52.204-7 52.204-ll s2.209-6 s2.214-29

52.217 -7

52.2r9-8 52.2r9-r4 s2.219-28

52.222-l 52.222-3 52.222-4

DATE

tuL2004

APR T984

APR 1984

SEP 2006

JUL 1995

JAN 1997

JAN 1997

SEP 2OO7

AUG 2OOO

APR 2OO8

MAR 2O1O

SEP 2006

JAN 1986

MAR 1989

MAY 2OO4

DEC 1996

APR 2OO9

FEB 1997

JLIN 2OO3

JUL 2OO5

TITLE

DEFINITIONS

GRATUITIES

COVENANT AGAINST CONTINGENT FEES

RESTRICTIONS ON SIIBCONTRACTOR SALES TO THE

GOVERNMENT

ANTI-KICKB ACK PROCEDURE S

CANCELLATION, RESCISSION, AND RECOVERY OF

FLINDS FOR ILLEGAL OR IMPROPER ACTIVITY

PRTCE OR FEE ADruSTMENT FOR ILLEGAL OR

IMPROPER ACTIVITY

LIMITATION ON PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS

PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED

PAPER

CENTRAL CONTRACTOR REGISTRATION

AMERICAN RECOVERY AND REINVESTMENT ACT -

REPORTING REQUIRMENTS

PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTOR'S

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

ORDER OF PRECEDENCE - SEALED BIDDING

OPTION FOR INCREASED QUANTITY - SEPARATELY

PzuCED LINE ITEM

IJTILVATION OF SMALL BUSINESS CONCERNS

LIMITATIONS ON SIIB CONTRACTING

POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION

NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

CONVICT LABOR

CONTRACT WORK HOURS AND SAFETY STANDARDS

ACT -- OVERTIME COMPENSATION

52.222-6 52.222-7 52.222-8 52.222-9 52.222-10

52.222-Ir 52.222-72 52.222-13

52.222-14 52.222-15 52.222-21 52.222-26 52.222-27

52.222-35

52.222-36

52.222-31

52.222-50 52.223-2

52.223-5

52.223-14 52.223-r5

52.223-6 52.225-r3 52.227-l 52.227-2

52.227-4 52.228-2 52.228-5

52.228-11 52.228-12

52.228-14 ruL 2005

FEB 1988

FEB 1988

JttL 2005

FEB 1988

JUL 2OO5

FEB 1988

FEB 1988

FEB 1988

FEB 1988

FEB 1999

MAR 2OO7

FEB 1999

SEP 2006

JtrI{ 1998

SEP 2006

FEB 2OO9

DEC2OOT

AUG 2OO3

MAY 2OO1

DEC 2OO7

MAY 2OO1

JLIN 2OO8

DEC 2OO7

DEC 2OO7

DEC 2OO7

ocr 1997

JAN 1997

SEP 2OO9

ocT 1995

DEC 1999

DAVIS-BACON ACT

WITHHOLDING OF FTINDS

PAYROLLS AND BASIC RECORDS

APPRENTICES AND TRAINEES

COMPLIANCE WITH COPELAND ACT

REQUIREMENTS

SUBCONTRACTS (LABOR STANDARDS)

CONTRACT TERMINATION - DEBARMENT

COMPLIANCE WITH DAVIS-BACON AND RELATED

ACT REGULATIONS

DISPUTES CONCERNING LABOR STANDARDS

CERTIFICATION OF ELIGIBILITY

PROHIBITION OF SEGREGATED FACILITIES

EQUAL OPPORTTINITY

AFFIRMATIVE ACTION COMPLIANCE

REQUIREMENT S FOR CONSTRUCTION

equn OPPORTUNITY FOR SPECIAL DISABLED viTBNENS, VETERANS OF THE VIETNAM ERA, AND

OTHER ELIGIBLE VETERANS

AFFIRMATIVE ACTION FOR WORKERS WITH

DISABILITIES

EMPLOYMENT REPORTS ON SPECIAL DISABLED

VETERANS, VETERANS OF THE VIETNAM ERA, AND

OTHER ELIGIBLE VETERANS

COMBATING TRAFFICKING IN PERSONS

AFFIRMATIVE PROCUREMENT OF BIOBASED

PRODUCTS LINDER SERVICE AND CONSTRUCTION

CONTRACTS

POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

TOXIC CHEMICAL RELEASE REPORTING

ENERGY EFFICIENCY IN ENERGY-CONSUMING

PRODUCTS

DRUG-FREE WORKPLACE

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

AUTHOzuZATION AND CONSENT

NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT

PATENT INDEMNITY--CONSTRUCTION CONTRACTS

ADDITIONAL BOND SECIJRITY

INSURANCE - WORK ON A GOVERNMENT

INSTALLATION

PLEDGE OF ASSETS

PROSPECTIVE SUBCONTRACTOR REQUESTS FOR

BOND

IRREVOCABLE LETTER OF CREDIT

52.229-3 52.232-5

52.232-16 52.232-17 52.232-23 52.232-27

52.232-33

52.233-l 52.233-3 52.233-4

52.236-2 52.236-3

52.236-5 52.236-6 52.236-7 52.236-8 52.236-9

52.236-10 52.236-lr 52.236-12 52.236-13 52.736-15 52.236-17 s2.236-2r

52.236-26 52.242-13 52.242-14 s2.243-4 52.244-6 52.246-12 52.246-21 52.248-3 52.249-2 s2.249-10 52.253-r

APR 2OO3

SEP 2OO2

IUL2OO9

ocr 2008

JAN 1986

ocr 2008 ocr 2003

TUL2OO2

AUG 1996

ocr 2004

APR 1984

APR 1984

APR 1984

APR 1984

NOV 1991

APR 1984

APR 1984

APR 1984

APR 1984

APR 1984

NOV 1991

APR 1984

APR 1984

FEB 1997

FEB 1995

JUL 1995

APR 1984

JLrN 2007

DEC 2OO9

AUG 1996

MAR 1994

SEP 2006

MAY 2OO4

APR 1984

JAN 1991

FEDERAL, STATE, AND LOCAL TAXES

PAYMENTS LTNDER FIXED.PRICE CONS TRUCTION

CONTRACTS

PROGRESS PAYMENTS

INTEREST

ASSIGNMENT OF CLAIMS

PROMPT PAYMENT FOR CONSTRUCTION

CONTRACTS

PAYMENT BY ELECTRONIC FLiNDS TRANSFER -

CENTRAL CONTRACTOR REGISTRATION

DISPUTES

PROTEST AFTER AWARD

APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM

DIFFERING SITE CONDITIONS

SITE INVESTIGATIONS AND CONDITIONS

AFFECTING THE WORK

MATERIAL AND WORKMANSHIP

STIPERINTENDENCE BY THE CONTRACTOR

PERMITS AND RESPONSIBILITIES

OTHER CONTRACTS

PROTECTION OF EXISTING VEGETATION,

STRUCTURES, EQUIPMENT, UTILITIES' AND

IMPROVEMENTS

OPERATIONS AND STORAGE AREAS

USE AND POSSESSION PRIOR TO COMPLETION

CLEANING UP

ACCIDENT PREVENTION

SCHEDULES FOR CONSTRUCTION CONTRACTS

LAYOUT OF WORK

SPECIFICATIONS AND DRAWINGS FOR

CONSTRUCTION

PRECONSTRUCTION CONFERENCE

BANKRIIPTCY

SUSPENSION OF WORK

CHANGES

SI-IBCONTRACTS FOR COMMERCIAL ITEMS

INSPECTION OF CONSTRUCTION

WARRANTY OF CONSTRUCTION

VALUE ENGINEERING - CONSTRUCTION

TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED PRICE) (ALT. I-SEP 1996)

DEFAULT (FXED-PzuCE CONSTRUCTION)

COMPUTER GENERATED FORMS

1,2 (FAR s2.22s-e) (JAN 2005)

(a) Definitions. As used in this clause-

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

,,Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled fiom articles, materials' or supplies'

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems,ih ar arediscrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when oi ho* ih. i.tdiuidr,al parts or components of those systems are delivered to thf construction site. Materials purchased directly by the Govemment are supplies' not construction material.

"Cost of comPonents" means-

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

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

"Domestic construction material" means-

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

States; or

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

',Foreign construction material" means a construction material other than a domestic construction material.

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

(b) Domestic Preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a'pieference for domestic construction material. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs

(bX2) and (b)(3) of this clause.

iZ) 1'nir requirement does not apply to the construction material or components listed by the Government as follows: NONE tcontracting Officer to li* applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list inparagraph (bx2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American

Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;' (iD The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iiD The construftion material is not mined, produced, or manufactured in the

United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicabilityof the Buy American Act. (1Xi) Any

Contractor request to use foreign construction material in accordance with paragraph (bX3) of this ciause shall include adequate information for Govemment evaluation of the request, including-

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

(B) Unit of measure;

(C) QuantitY;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (bX3) of this clause.

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

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

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

(2) If ihe Government determines after contract award that an exception to the Buy

American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreas^onable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (bX3XD of this clause'

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

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

F"..tg" ""d

D"mestic Construction Materials Price Comparison

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

Item 1:

Forei gn construction material

Domestic construction material

Item2:

Forei gn construction material

Domestic construction material tl-ist name, address, telephone number, ""d

*"t*t f"*uppliers surveyed' Attach copy of response; if oral, attach summary.] ffnilude other app licab I e supporting information' ] i* trrlr,d" all delivery costs^tt the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] r.3 BIp GUARANTEE (FAR s2.228-r) (sEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid'

(b) The bidder shall furnistr a UIA guarantee in.the form of a firm commitment, e'g', bid bond supported by good and sufficient ro..ty or sureties acceptable to the Government, postal money ord"r, certified check, cashier's check, irrevocable letter of credit' or, under Treasury

Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the op.ning of bids, and (2) to the successful bidder upon execution of contractual documents and 6onds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted'

(c) The amount of ihe bid guarantee shall be 20 percent of the bid price or

$3 Million, whichever is less'

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, failsio .*r.ut. a1l contractual documents or furnish executed tond(s) within 10 days #ter receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

r.4 (FAR 52.225-rs) (NOV 2006)

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

AOriginal contract price@ means the award price of the contract or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contract, the price puyu-bt" foi tire specified minimum quantity. Original contract price does not include the price of uny options, except those options exercised at the time of contract award.

(b) Amou-nt of required bonds. Unless the resulting contract price is $100,000 or less, the

,r,...rifrl offeror shall furnish performance and paytrent bonds to the Contracting Officer as follows:

(1) performance Bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be i00 percent of the original contract price.

(3) Additional bond Protection.

(i) The Govemment may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent ofthe increase in contract price.

(ii) The Government may secure the additional protection by directing the contractor to increase the penal amount of the existing bond or to obtain an additional bond'

(c) Fumishing executed bonds. The contractor shall furnish all executed bonds, including any necessiry reinsurance agreements, to the Contracting Officer, within the time period sp'ecified in the Bid Guarantee provision of the solicitation, or otherwise specified by the

Contraciing Officer, but in any event, before starting work'

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in

Treasury Department Circular 570, ittdiuidual sureties, or by other acceptable security such as postal -on"y order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States.

Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. DePartment of TreasurY

Financial Management S ervice

SuretY Bond Branch 3700 East West HighwaY, Room 6F01

Hyattsville,MD 20782

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to rrr. on the payrnent bond is void unless it is in writing, signed by the person whose right is-waived, and execuied after such person has first furnished labor or material for use in the performance of the contract'

I.5

(a) The contractor shall submit one of the following payment protections:

(1.) Pavment Bond

(2.) lrrevocable Letter of Credit

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within days of contract award'

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resotution by administrative or judicial proceedings or mutual agreement of the parties'

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement'

S - FXED

CONSTRUCTION CONTRACTS (AGAR 4s2.232-70) (NOV 1996)

I.6

The Contract price includes the total amount for premiums that the contractor attributes to the furnishing of…