Building 5 Solicitation.pdf

TO ALL PROSPECTIVE BIDDERS

The U.S. Department of Agriculture, Agricultural Research Service, Midwest 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 all prospective bidders visit the project site, inspect and observe the site conditions, and review the project scope and requirements at the site prior to submission of a bid. A pre-bid conference and site inspection will be conducted for prospective bidders to provide information concerning the Government=s requirements and to answer any questions regarding this solicitation. The site visit is scheduled for August 28, 2009 at 10:00 AM CT and will be held at USDA-ARS, 2300 Dayton Ave. Ames, IA 50010. All questions on this project must be in writing and should be emailed or faxed to the Contracting Officer (Becky.Holzinger@ars.usda.gov or 309-681-6683) by COB the day after the site visit.

Questions/Answers will be posted to www.fbo.gov. All terms and conditions of the solicitation shall remain unchanged, unless 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 offer. In order to be considered responsive, a bidder must complete and return 1 original and 1 copy of the following:

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

AMENDMENT(S) WHICH MUST SIGNED AND DATED.

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

Guarantee).

4. SECTION K.1 - TAXPAYERS' IDENTIFICATION

5. 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 customer. If possible, also include the contact person's email address.

NOTE: Contractors are required to register or update their registration at the Central Contractor Registration website at www.ccr.gov in order to receive a contract award under this solicitation, and register or update their registration at the Online Representation and Certification Application website at http://orca.bpn.gov.

Bids must be returned in a sealed envelope with either form OF-17 affixed to the outside in accordance with instructions provided on the form or with the same information as found on the OF-17 affixed to the outside of the sealed envelope.

Bids must be received no later than 2:00 PM on September 14, 2009 as set forth in Item 13 of Part I - THE SCHEDULE (SF-1442).

FACSIMILE OR EMAILED BIDS WILL NOT BE ACCEPTED.

Bonds: A bid bond is required.

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair)

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 BID SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211-72) (FEB 1988)

C.2 ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS

(AGAR 452.211-73) (FEB 1988)

SECTION D - PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

E.1 SUBSTANTIAL COMPLETION INSPECTION

E.2 FINAL INSPECTION

SECTION F - DELIVERIES OR PERFORMANCE

F.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(FAR 52.211-10) (APR 1984)

F.2 PERFORMANCE OF WORK BY THE CONTRACTOR (FAR 52.236-1) (APR 1984)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER=S REPRESENTATIVE

G.2 CONTRACT CLOSEOUT

G.3 AS-BUILT DRAWINGS

G.4 RELEASE FROM CLAIMS

G.5 SUPPLEMENT TO CHANGES CLAUSE

G.6 SUMMARY SHEET FORMAT

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 AVAILABILITY AND USE OF UTILITY SERVICES (FAR 52.236-14) (APR 1984)

H.2 POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

H.3 INSURANCE COVERAGE - ALTERNATE I (AGAR 452.228-71) (NOV 1996)

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

(AGAR 452.236-71) (NOV 1996)

H.5 USE OF PREMISES (AGAR 452.236-72) (NOV 1996)

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

H.7 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

(AGAR 452.236-74) (NOV 1996)

H.8 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

H.9 PROPERTY DAMAGE LIABILITY INSURANCE

H.10 MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE

(AGAR 452.236-75) (NOV 1996)

H.11 SAMPLES AND CERTIFICATES (AGAR 452.236-76) (FEB 1988)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

I.2 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION

DUES OR FEES (FAR 52.222-39) (DEC 2004)

I.3 BUY AMERICAN ACT- CONSTRUCTION MATERIALS (FAR 52.225-9) (FEB 2009)

I.4 BID GUARANTEE (FAR 52.228-1) (SEP 1996)

I.5 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION

(FAR 52.228-15) (NOV 2006)

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

CONTRACTS (AGAR 452.232-70) (NOV 1996)

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

Attachment I - Wage Determination Attachment II- Bid Bond Attachment III - Disclosure of Lobbying Activities Form Attachment IV - Specifications and Drawings

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS

K.1 TAXPAYERS' IDENTIFICATION (FAR 52.204-3) (OCT 1998)

K.2 ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(FAR 52.204-8) (FEB 2009)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FAR 52.252-1) (FEB 1998)

L.2 TYPE OF CONTRACT (FAR 52.216-1) (APR 1984)

L.3 DAVIS-BACON ACTCSECONDARY SITE OF THE WORK (FAR 52.222-5)

(JUL 2005)

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION

(FAR 52.222-23) (FEB 1999)

L.5 NOTICE OF BUY AMERICAN ACT REQUIREMENTS - CONSTRUCTION

MATERIALS (FAR 52.225-10) (FEB 2009)

L.6 SERVICE OF PROTEST (FAR 52.233-2) (SEP 2006)

L.7 INQUIRIES (AGAR 452.204-70) (FEB 1988)

L.8 ALTERNATIVE FORMS OF SECURITY (AGAR 452.228-70) (NOV 1996)

L.9 SITE VISIT (CONSTRUCTION) (FAR 52.236-27) (FEB 1995) (Alternate I - FEB 1995)

SECTION M - EVALUATION FACTORS FOR AWARD

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

SECTION B- SUPPLIES AND SERVICES AND PRICE/COST

B.1 BID SCHEDULE

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

Project Title: Building 5 – Install Waste Water Pumping & Piping System at Waste Treatment Addition

Location: USDA, ARS, Ames IA

BASE BID ITEM

The work includes but is not limited to: furnishing all labor, supervision, materials, tools, equipment, transportation, and other necessary work for Building 5 – Install Waste Water Pumping & Piping System At Waste Treatment Addition. The scope of the work includes, but is not limited to, addition of a new 600 gallon stainless steel collection tank, two transfer pumps, CPVC pipe and fittings, automatic and manual control valves, installation and modification of two mixing tanks, two mixing pumps, a sump pump, float and controls, chemical feed pump, associated appurtenances, associated electrical installations and associated control installations.

LUMP SUM BID FOR BASE BID ITEM $_______________________________________

The period of performance is 126 calendar days from date of issuance of the Notice to Proceed.

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

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 STATEMENT OF WORK/SPECIFICATIONS

(AGAR 452.211-72) (FEB 1988)

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 ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS

(AGAR 452.211-73) (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.

SECTION D - PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

E.1 SUBSTANTIAL COMPLETION INSPECTION

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.

E.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 Government inspection personnel, the project is determined not sufficiently completed to have warranted a final inspection, 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 contractor 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 /or omissions noted at the final inspection by providing a "punchlist" as to the discrepancies/omissions, replacement of materials and performance or reperformance of any unsatisfactory work necessary 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 documents (i.e. payrolls, shop/as-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 shall be final and conclusive, except for latent defects, fraud, or such gross mistakes as may amount to fraud, or regarding the Government's right under any warranty or guarantee.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(FAR 52.211-10) (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 90 calendar days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 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 submittals prior to 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.

(2) Reference other specification sections for additional specific work.

(3) 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 sight-exposed surfaces.

b. Leave project clean and ready for occupancy or use.

c. All concrete floors and stairwells are to be broom cleaned.

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

(c) Project Record Drawings:

(1) Maintain documents in clean, dry, legible condition.

(2) 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 before final acceptance, submit as-built drawings in accordance with special contract requirements.

(d) Operating and Maintenance Manuals:

(1) 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.

2. 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 of each 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 as-built drawings shall define the construction actually provided.

Representation of such variation shall conform to standard drafting practice and include such supplementary notes, legends and details as may be necessary. The contractor shall stamp the term RECORD DOCUMENTS, date and sign all plastic reproducibles, drawings and volumes of marked specifications. Legibility and clear portrayal of the as-built construction and marked prints shall be subject to approval 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 complete and submit, on company letterhead, the following statement with his final billing:

"For and in consideration of the receipt of final payment 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 Date"

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 provide an itemized breakdown or take-off for all charges involving an increase or decrease in the 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 costs (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 for work omitted, deductions for overhead and profit shall also be shown.

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 completion date will become a part of 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 accompany each written detailed cost breakdown. The sample format is self-explanatory and clearly shows the method for computing overhead, profit, and other items on proposed changes.

G.6 SUMMARY SHEET FORMAT

DATE

PROJECT

LOCATION

CONTRACT NUMBER

CONTRACTOR

CHANGE ORDER NO. DESCRIPTION

PRIME CONTRACTOR'S WORK

1. Direct Materials $

2. Sales Tax on Materials % of line 1 $

3. Direct Labor $

4. Insurance, Taxes, and Fringe Benefits % of line 3 $

5. Rental Equipment $

6. Sales Tax - Rental Equipment % of line 5 $

7. SUBTOTAL (lines 1-6) $

8. Overhead % of line 7 $

9. SUBTOTAL (add lines 7-8) $

SUBCONTRACTOR=S WORK

10. Direct Materials $

11. Sales Tax on Materials % of line 10 $

12. Direct Labor $

13. Insurance, Taxes, and Fringe Benefits % of line 12 $

14. Rental Equipment $

15. Sales Tax - Rental Equipment % of line 14 $

16. SUBTOTAL (lines 10-15) $

17. Overhead % of line 16 $

18. SUBTOTAL (add lines 16-17) $

19. Profit % of line 18 $

20. SUBTOTAL (add lines 18-19) $

SUMMARY

21. Prime=s Work (from line 9) $

22. Sub=s Work (from line 20) $

23. SUBTOTAL (add lines 21-22) $

24. Prime=s Overhead on Sub % of line 16 $

25. Prime=s Profit % of line 16 $

26. SUBTOTAL (add lines 23-25) $

27. Prime=s Bond Premium % of line 26 $

28. TOTAL Cost $

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 TOTAL FOR OVERHEAD AND

PROFIT SHALL NOT EXCEED 20 PERCENT.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 AVAILABILITY AND USE OF UTILITY SERVICES

(FAR 52.236-14) (APR 1984)

(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, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, 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 the temporary connections, distribution lines, meters, and associated paraphernalia.

H.2 POST AWARD CONFERENCE

(AGAR 452.215-73) (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award. The conference will be held at:

USDA, ARS

230 Dayton Avenue Ames, IA 50010

H.3 INSURANCE COVERAGE

(AGAR 452.228-71) (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-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 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 worker's compensation to be written by private carriers.

(b) 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) Automobile Liability. The Contractor shall have automobile liability insurance written on a 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 or loss.

(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 injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

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

(AGAR 452.236-71) (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 452.236-72) (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA 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 shall (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 452.236-73) (FEB 1988)

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

H.7 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

(AGAR 452.236-74) (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting 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 aggregate operations shall 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 that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H.8 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

(a) Within fourteen (14) days after the date of receipt of Notice to Proceed, the contractor shall prepare and submit to the Contracting Officer for approval the original copy of ARS Form 371, Construction Progress and Payment Schedule. This form will serve as a Schedule of Estimates, Progress Schedule, and when used with ARS Form 372, it will be basis for Requests or Partial Payment. 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 this solicitation, will not be treated as a handicap in making the award.

H.9 PROPERTY DAMAGE LIABILITY INSURANCE

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 full compliance 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 Government=s rights, the contractor shall be responsible for the full amount of any damages that occur to the immediate facilities, adjacent facilities/property, and other Government 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 Government 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 Abeneficial 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 safety regulations, building codes, or laws in those areas under the control of the contractor.

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

H.10 MAXIMUM WORKWEEK -- CONSTRUCTION SCHEDULE

(AGAR 452.236-75) (NOV 1996)

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 by FAR 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 workweek 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 Government holidays:

New Year's Day January 1* Martin L. King Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4* Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11* Thanksgiving Day Fourth Thursday in November Christmas Day December 25* Inauguration Day January 20* (for Washington D.C. Metropolitan

Area (WDCMA) if a Sunday, the next succeeding day is selected.)

*In accordance with Federal Regulations, if these holidays fall on a Saturday, the holiday will be observed on Friday, if Sunday, holiday will be observed 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, Government 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 applicable 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 Federal legal holidays, 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 arrangements to be made for security, safety, and inspecting the work progress.

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 452.236-76) (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 otherwise specified, 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 until approved in writing by the Contracting Officer.

H.12 SHOP DRAWINGS

(a) Shop Drawings:

(1) Drawings, diagrams and schedules specifically prepared to illustrate some portion of the work.

(2) Diagrams and instructions from a manufacturer or fabricator for use in producing the product and as aids to the Contractor for integrating the product or system into the project.

(3) Drawings prepared by or for the Contractor to show how multiple systems and interdisciplinary work will be coordinated.

(b) Product Data:

(1) Catalog cuts, illustrations, schedules, diagrams, performance charts, instructions and brochures illustrating size, physical appearance and other characteristics of materials, systems or equipment for some portion of the work.

(c) Samples of warranty language when the contract requires extended product warranties.

(1) Fabricated or unfabricated physical examples of materials, equipment or workmanship that illustrate functional and aesthetic characteristics of a material or product and establish standards by which the work can be judged.

(2) Color samples from the manufacturer's standard line (or custom color samples if specified) to be used in selecting or approving colors for the project.

(3) Field samples and mock-ups constructed on the project site establish standards by which the ensuring work can be judged. Includes assemblies or portions of assemblies which are to be incorporated into the project and those which will be removed at conclusion of the work.

(d) Design Data

(1) Design calculations, mix designs, analyses or other data pertaining to a part of work.

(e) Test Reports

(1) Report signed by authorized official of testing laboratory that a material, product or system identical to the material, product or system to be provided has been tested in accord with specified requirements. (Testing must have been within three years of date of contract award for the project.)

(2) Report which includes findings of a test required to be performed by the Contractor on an actual portion of the work or prototype prepared for the project before shipment to job site.

(3) Report which includes finding of a test made at the job site or on sample taken from the job site, on portion of work during or after installation.

(4) Investigation reports.

(5) Daily logs and checklists.

(6) Final acceptance test and operational test procedure.

(f) Certificates

(1) Statements printed on the manufacturer's letterhead and signed by responsible officials of manufacturer of product, system or material attesting that product, system or material meets specification requirements. Must be dated after award of project contract and clearly name the project.

(2) Document required of Contractor, or of a manufacturer, supplier, installer or subcontractor through Contractor, the purpose of which is to further quality of orderly progression of a portion of the work by documenting procedures, acceptability of methods or personnel qualifications.

(3) Confined space entry permits.

(4) Text of posted operating instructions.

(g) Manufacturer's Instructions

(1) Preprinted material describing installation of a product, system or material, including special notices and Material Safety Data sheets concerning impedances, hazards and safety precautions.

(i) Operation and Maintenance Data

(1) Data that is furnished by the manufacturer, or the system provider, to the equipment operating and maintenance personnel. This data is needed by operating and maintenance personnel for the safe and efficient operation, maintenance and repair of the item.

(2) This Data is intended to be incorporated in an operations and maintenance manual or control system.

(3) Submit an Equipment/Product Warranty List including each product provided.

(4) Submit for each product provided:

(i) Cleaning recommendations

(ii) Maintenance and repair procedures

(iii) Removal and replacement instructions

(iv) Spare parts and supply list

(v) Parts identification

(vi) Contractor information

H.13 PERSONNEL INFORMATION AND ACCESS

(a) Furnish a list of contact personnel of the Contractor and subcontractors including addresses and telephone numbers for use in the event of an emergency. As changes occur and additional information becomes available, correct and change the information contained in previous lists.

(b) Identification badges, if required, will be furnished without charge. Application for and use of badges will be as directed. Immediately report instances of lost or stolen badges to the Contracting Officer. Failure to obtain entry approval will not affect the contract price or time of completion.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE

(FAR 52.252-2) (FEB 1998)

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses: http://acquisition.gov/far/loadmainre.html

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER DATE TITLE

52.202-1 JUL 2004 DEFINITIONS

52.203-3 APR 1984 GRATUITIES

52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES

52.203-6 SEP 2006 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT

52.203-7 JUL 1995 ANTI-KICKBACK PROCEDURES

52.203-8 JAN 1997 CANCELLATION, RESCISSION, AND RECOVERY OF

FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY

52.203-10 JAN 1997 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR

IMPROPER ACTIVITY

52.203-12 SEP 2007 LIMITATION ON PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS

52.204-4 AUG 2000 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED

PAPER

52.204-7 APR 2008 CENTRAL CONTRACTOR REGISTRATION

52.209-6 SEP 2006 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTOR'S

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.219-14 DEC 1996 LIMITATIONS ON SUBCONTRACTING

52.219-28 APR 2009 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION

52.222-1 FEB 1997 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

52.222-3 JUN 2003 CONVICT LABOR

52.222-4 JUL 2005 CONTRACT WORK HOURS AND SAFETY STANDARDS

ACT -- OVERTIME COMPENSATION

52.222-6 JUL 2005 DAVIS-BACON ACT

52.222-7 FEB 1988 WITHHOLDING OF FUNDS

52.222-8 FEB 1988 PAYROLLS AND BASIC RECORDS

52.222-9 JUL 2005 APPRENTICES AND TRAINEES

52.222-10 FEB 1988 COMPLIANCE WITH COPELAND ACT REQUIREMENTS

52.222-11 JUL 2005 SUBCONTRACTS (LABOR STANDARDS)

52.222-12 FEB 1988 CONTRACT TERMINATION - DEBARMENT

52.222-13 FEB 1988 COMPLIANCE WITH DAVIS-BACON AND RELATED

ACT REGULATIONS

52.222-14 FEB 1988 DISPUTES CONCERNING LABOR STANDARDS

52.222-15 FEB 1988 CERTIFICATION OF ELIGIBILITY

52.222-21 FEB 1999 PROHIBITION OF SEGREGATED FACILITIES

52.222-26 MAR 2007 EQUAL OPPORTUNITY

52.222-27 FEB 1999 AFFIRMATIVE ACTION COMPLIANCE

REQUIREMENTS FOR CONSTRUCTION

52.222-35 SEP 2006 EQUAL OPPORTUNITY FOR SPECIAL DISABLED

VETERANS, VETERANS OF THE VIETNAM ERA, AND

OTHER ELIGIBLE VETERANS

52.222-36 JUN 1998 AFFIRMATIVE ACTION FOR WORKERS WITH

DISABILITIES

52.222-37 SEP 2006 EMPLOYMENT REPORTS ON SPECIAL DISABLED

VETERANS, VETERANS OF THE VIETNAM ERA, AND

OTHER ELIGIBLE VETERANS

52.223-5 AUG 2003 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

52.223-6 MAY 2001 DRUG-FREE WORKPLACE

52.225-13 JUN 2008 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

52.227-4 DEC 2007 PATENT INDEMNITY--CONSTRUCTION CONTRACTS

52.228-2 OCT 1997 ADDITIONAL BOND SECURITY

52.228-5 JAN 1997 INSURANCE - WORK ON A GOVERNMENT

INSTALLATION

52.228-11 FEB 1992 PLEDGE OF ASSETS

52.228-12 OCT 1995 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR

BOND

52.228-14 DEC 1999 IRREVOCABLE LETTER OF CREDIT

52.229-4 APR 2003 FEDERAL, STATE, AND LOCAL TAXES (State and Local

Adjustments)

52.232-5 SEP 2002 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS

52.232-16 JUL 2009 PROGRESS PAYMENTS

52.232-17 OCT 2008 INTEREST

52.232-27 OCT 2008 PROMPT PAYMENT FOR CONSTRUCTION

CONTRACTS

52.232-33 OCT 2003 PAYMENT BY ELECTRONIC FUNDS TRANSFER -

CENTRAL CONTRACTOR REGISTRATION

52.233-1 JUL 2002 DISPUTES

52.233-3 AUG 1996 PROTEST AFTER AWARD

52.236-2 APR 1984 DIFFERING SITE CONDITIONS

52.236-3 APR 1984 SITE INVESTIGATIONS AND CONDITIONS AFFECTING

THE WORK

52.236-5 APR 1984 MATERIAL AND WORKMANSHIP

52.236-6 APR 1984 SUPERINTENDENCE BY THE CONTRACTOR

52.236-7 NOV 1991 PERMITS AND RESPONSIBILITIES

52.236-8 APR 1984 OTHER CONTRACTS

52.236-9 APR 1984 PROTECTION OF EXISTING VEGETATION,

STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS

52.236-10 APR 1984 OPERATIONS AND STORAGE AREAS

52.236-11 APR 1984 USE AND POSSESSION PRIOR TO COMPLETION

52.236-12 APR 1984 CLEANING UP

52.236-13 NOV 1991 ACCIDENT PREVENTION

52.236-15 APR 1984 SCHEDULES FOR CONSTRUCTION CONTRACTS

52.236-17 APR 1984 LAYOUT OF WORK

52.236-21 FEB 1997 SPECIFICATIONS AND DRAWINGS FOR

CONSTRUCTION

52.236-26 FEB 1995 PRECONSTRUCTION CONFERENCE

52.242-13 JUL 1995 BANKRUPTCY

52.242-14 APR 1984 SUSPENSION OF WORK

52.243-4 JUN 2007 CHANGES

52.244-6 MAR 2009 SUBCONTRACTS FOR COMMERCIAL ITEMS

52.246-12 AUG 1996 INSPECTION OF CONSTRUCTION

52.246-21 MAR 1994 WARRANTY OF CONSTRUCTION

52.248-3 SEP 2006 VALUE ENGINEERING - CONSTRUCTION

52.249-2 MAY 2004 TERMINATION FOR CONVENIENCE OF THE

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

52.249-10 APR 1984 DEFAULT (FIXED-PRICE CONSTRUCTION)

52.253-1 JAN 1991 COMPUTER GENERATED FORMS

I.2 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION

DUES OR FEES (FAR 52.222-39) (DEC 2004)

(a) Definition. As used in this clauseC AUnited States@ means the 50 States, the District of Columbia, Puerto Rico, the Northern

Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the

Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR Part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR Part 470, Subpart BCCompliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply toC

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor=s employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor=s facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated thatC

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shallC

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department=s Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor=s official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR Part 470, Subpart BCCompliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

I.3 BUY AMERICAN ACT-CONSTRUCTION MATERIALS (FAR 52.225-9) (FEB 2009)

(a) Definitions. As used in this clauseC ACommercially available off-the-shelf (COTS) item@C

(1) Means any item of supply (including construction material) that isC

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (

46 U.S.C. App. 1702), such as agricultural products and petroleum products.

AComponent@ means an article, material, or supply incorporated directly into a construction material.

AConstruction 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 from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete 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 or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

ACost of components@ meansC

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation 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

(4) 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 construction material.

ADomestic construction material@ meansC

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

(2) A construction material manufactured in the United States, ifC

(i) 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; or

(ii) The construction material is a COTS item.

AForeign construction material@ means a construction material other than a domestic construction material.

AUnited 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 preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows: ________________________________________________ [Contracting Officer to list applicable excepted materials or indicate Anone@]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines thatC

(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;

(ii) 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

(iii) The construction 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 inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, includingC

(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…