Exhibit 17 - PROJECT SCHEDULE.docx

PROJECT SCHEDULE

1. SCHEDULE PREPARER

1.1 Designate an authorized representative to be responsible for the preparation of the schedule and all required updating (activity status) and preparation of reports. The authorized representative shall have previously developed, created, and maintained at least two electronic schedules for projects similar in nature and complexity to this project and shall be experienced in the use of the scheduling software that meets the requirements of this specification.

2. GENERAL

2.1 Prepare for approval a Project Schedule, as specified herein, pursuant to the contract clause, SCHEDULE FOR CONSTRUCTION CONTRACTS. Show in the schedule the sequence in which the Contractor proposes to perform the work and dates on which the Contractor contemplates starting and completing all schedule activities. The scheduling of the entire project, including construction sequences, is required. The scheduling of construction is the responsibility of the Contractor. Contractor management personnel shall actively participate in its development. Subcontractors and suppliers working on the project shall also contribute in developing and maintaining an accurate Project Schedule. Provide a schedule that is forward planning and also a project monitoring tool.

2.1.1 Approved Project Schedule. Use the approved Project Schedule to measure the progress of the work and to aid in evaluating time extensions. Make the schedule cost loaded and activity coded. The schedule will provide the basis for all progress payments. If the Contractor fails to submit any schedule within the time prescribed, the Contracting Officer (KO) may withhold approval of progress payments until the Contractor submits the required schedule.

2.1.2 Default Terms. Failure of the Contractor to comply with the requirements of the contract shall be grounds for a determination, by the KO, that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the KO may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of the contract.

3. BASIS FOR PAYMENT AND COST LOADING

3.1 Use the schedule as the basis for determining contract earnings during each update period and therefore the amount of each invoice payment. Lack of an approved schedule update, or qualified scheduling personnel, will result in the inability of the KO to evaluate Contractor percentage complete for the purposes of payment. Failure of the Contractor to provide all required information will result in the disapproval of the preliminary, initial, and subsequent schedule updates. In the event schedule revisions are directed by the KO and those revisions have not been included in subsequent revisions or updates, the KO may hold retainage up to the maximum allowed by contract, each payment period, until such revisions to the Project Schedule have been made. Activity cost loading shall be reasonable, as determined by the KO. The aggregate value of all activities coded to a contract line item number (CLIN) shall equal the value of the CLIN on the Project Schedule. The Government will withhold 5% of the Task Order amount for submission and acceptance of any and all closeout documents as specified in each Task Order and this shall be shown on the project schedule.

4. PROJECT SCHEDULE DETAILED REQUIREMENTS

4.1 The computer software system utilized to produce and update the Project Schedule shall be capable of meeting all requirements of this specification, 01 32 01.00 10, Project Schedule. Failure of the Contractor to meet the requirements of this specification will result in the disapproval of the schedule.

4.2 Level of Detail Required. Develop the Project Schedule to an appropriate level of detail. Failure to develop the Project Schedule to an appropriate level of detail, as determined by the KO, will result in its disapproval. The KO will consider, but is not limited to, the following characteristics and requirements to determine appropriate level of detail:

4.2.1 Activity Durations. Reasonable activity durations are those that allow the progress of ongoing activities to be accurately determined between update periods. Procurement activities are defined herein.

4.2.2 Permit Activities. Include permit activities, when required, with the necessary conferences and follow-up actions and dates. Include the permitting schedule in the Project Schedule, showing the sequence of events involved in carrying out the project permit tasks within the specific contract period. This shall be at a detailed level of scheduling sufficient to identify all major permitting tasks, including those that control the flow of work.

4.2.3 Procurement Activities. Tasks related to the procurement of long lead materials or equipment shall be included as separate activities in the project schedule. Long lead materials and equipment are those materials that have a procurement cycle of over 30 days. Examples of procurement process activities include, but are not limited to: submittals, approvals, procurement, delivery, start-up, and testing.

4.2.4 Mandatory Tasks. The following tasks must be included as a minimum and be properly scheduled:

4.2.4.1 Submission of closeout submittals

4.2.4.2 Equipment and systems testing, if required.

4.2.4.3 Contractor's internal project inspection.

4.2.4.4 Correction of punchlist from the Contractor's pre-final inspection.

4.2.4.5 Final inspection.

4.2.5 Government Activities. Show Government and other agency activities that could impact progress. These activities include, but are not limited to: approvals, environmental permit approvals by State regulators, inspections, utility tie-in, Government Furnished Equipment (GFE) and Notice to Proceed (NTP) for phasing requirements.

4.2.6 Scheduled Project Completion and Activity Calendars. The schedule interval shall extend from Notice to Proceed (NTP) date to the required contract completion date. The contract completion activity (End Project) shall finish based on the required contract duration in the accepted contract proposal, as adjusted for any approved contract time extensions. The first scheduled work period shall be the day after NTP is received by the Contractor.

4.3 PROJECT SCHEDULE SUBMISSIONS

4.3.1 The Contractor shall provide the submissions as described below.

4.3.1.1 Project Schedule Submission. Submit the Project Schedule for approval within 7 calendar days after NTP. The schedule shall demonstrate a reasonable and realistic sequence of activities which represent all work through the entire contract performance period. The Project Schedule shall be at a reasonable level of detail as determined by the KO. This requirement is in addition to any required schedules submitted in response to a Request for Task Order Proposal (RTOP).

4.3.1.2 Project Schedule Updates. At the request of the KO or their representative, the Contractor shall provide and submit an updated Project Schedule. These submissions will enable the KO to assess the Contractor's progress. If the Contractor fails or refuses to furnish the information and Project Schedule data, which in the judgment of the KO or authorized representative is necessary for verifying the Contractor's progress, the Contractor shall be deemed not to have provided an estimate upon which progress payment may be made.

4.4 REQUESTS FOR TIME EXTENSIONS

4.4.1 In the event the Contractor believes they are entitled to an extension of the contract performance period, completion date, or any interim milestone date, furnish the following for a determination by the KO: justification, project schedule data, and supporting evidence (Ex: daily reports showing delays) as the KO may deem necessary. Submission of proof of excusable delay, based on revised activity logic, duration, and costs (updated to the specific date that the delay occurred) is a condition precedent to any approvals by the Government. In response to each RTOP issued by the Government, the Contractor shall submit a schedule impact analysis demonstrating whether or not the change contemplated by the Government impacts the critical path.

4.4.1.1 Justification of Delay. The Project Schedule shall clearly display that the Contractor has used, in full, all the float time available for the work involved with this request. The KO's determination as to the number of allowable days of contract extension shall be based upon the Project Schedule updates in effect for the time period in question, and other factual information. Actual delays that are found to be caused by the Contractor's own actions, which result in a calculated schedule delay, will not be a cause for an extension to the performance period, completion date, or any interim milestone date.

4.4.1.2 Unexcused Delays. Unexcused delays will result in a disapproval of any time extension request and the Contractor will be required to complete the work within the original period of performance. If the Contractor cannot complete the work within the original period of performance, the Contractor will be required to provide consideration to the Government in order to receive a time extension. Consideration will be established on a case by case basis but examples include but are not limited to extended warranty period, upgraded materials, etc.

4.4.1.3 Submission Requirements. Submit a justification for each request for a change in the contract completion date no less than 2 weeks from the current contract completion date. Such a request shall be in accordance with the requirements of other appropriate contract clauses and shall include, as a minimum:

4.4.1.3.1 A list of affected activities.

4.4.1.3.2 A brief explanation of the causes of the change.

4.4.1.3.3 An analysis of the overall impact of the changes proposed.

4.4.2 Additional Submission Requirements. The KO may request an interim update with revised activities for any requested time extension of over 2 weeks. Provide this within 3 days of the KO's request.

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