Exhibit 18 - SUBMITTAL PROCEDURES.docx

SUBMITTAL PROCEDURES

1. PROCEDURES

1.1. The Contracting Officer (KO) or their representative may request submittals in addition to those specified in a Task Order when deemed necessary to describe the work covered in the respective sections adequately.

1.2. Each submittal is to be complete and in sufficient detail to allow ready determination of compliance with contract requirements.

1.3. Contractor's Quality Control (CQC) System Manager shall check and approve all items prior to submittal and stamp, sign, and date indicating action taken. Proposed deviations from the contract requirements are to be clearly identified. Include within submittals items such as: Contractor's, manufacturer's, or fabricator's drawings; descriptive literature including (but not limited to) catalog cuts, diagrams, operating charts or curves; test reports; test cylinders; samples; operation and maintenance (O&M) manuals (including parts list); certifications; warranties; and other such required submittals.

1.4. Submittals requiring Government approval are to be scheduled and made prior to the acquisition of the material or equipment covered thereby. All submitted samples remaining, upon completion of the work, shall be picked up and disposed of in accordance with the manufacturer's Material Safety Data Sheets (MSDS) and existing laws and regulations.

2. SUBMITTAL CLASSIFICATION

2.1. Submittals are classified as follows:

2.1.1. Government Approval. Government approval is required for critical materials, deviations, equipment whose compatibility with the entire system must be checked, and other items as designated by the KO. Government approval is required for any deviations from the solicitation or accepted proposal and other items as designated by the KO. These deviations must contain proper documentation stating why this deviation is necessary and why it is beneficial to the Government. Within the terms of the contract clause entitled "Specifications and Drawings for Construction," they are considered to be "shop drawings." For catalog cuts, illustrations, printed specifications, or other data submitted, inapplicable portions shall be marked out and applicable items such as model numbers, sizes, and accessories shall be indicated by arrow or highlighted. The submittals will be provided in electronic (.pdf) format.

2.1.2. Information Only. Submittals not requiring Government approval will be for information only. The approving authority will not provide approval of information only submittals but shall provide acknowledgement of receipt. The Government reserves the right to require the Contractor to resubmit any item found not to comply with the contract. This does not relieve the Contractor from the obligation to furnish material conforming to the plans and specifications; will not prevent the KO from requiring removal and replacement of nonconforming material incorporated in the work; and does not relieve the Contractor of the requirements to furnish samples for testing by the Government laboratory or for check testing by the Government in those instances where the technical specifications so prescribe.

3. PREPARATION

3.1. Transmittal Form. The Contractor will use electronic forms for the submittals. Use ENG Form 4025, available in Appendix B for submitting both Government-approved and information only submittals in accordance with the instructions on the reverse side of the form. Properly complete this form by filling out all the heading blank spaces and identifying each item submitted. Exercise special care to ensure proper listing of the specification paragraph, SOW section, and/or sheet number of the contract drawings pertinent to the data submitted for each item. The individual task orders will indicate where to send submittals. This individual is typically the DPW Project Manager.

4. VARIATIONS / SUBSTITUTION REQUESTS

4.1. Variations from contract requirements require Government approval pursuant to contract Clause FAR 52.236-21 and will be considered where advantageous to Government and/or overall project.

4.2. Considering Variations. Discussion with KO or their representative (DPW PM, MICC CS, etc.) prior to submission will help ensure functional and quality requirements are met and minimize rejections and resubmittals.

4.2.1. Specifically point out variations from contract requirements in transmittal letters. Failure to point out variations may result in the Government requiring rejection and removal of such work at no additional cost to the Government.

4.3. Proposing Variations. When proposing a variation, deliver written request to the KO, with documentation of the nature and features of the variation and why the variation is desirable and beneficial to Government. In addition to documentation required for variation, include the submittals required for the item. Clearly mark the proposed variation in all documentation.

4.3.1. Check the column "variation" of ENG Form 4025 for submittals that include proposed variations requested by the Contractor. Set forth in writing the reason for any variations and annotate such variations on the submittal. The Government reserves the right to rescind inadvertent approval of submittals containing unnoted variations.

4.4. Warranting That Variations Are Compatible. When delivering a variation for approval, Contractor warrants that this contract has been reviewed to establish that the variation, if incorporated, will be compatible with other elements of work.

4.5. Review Schedule Is Modified. In addition to normal submittal review period, a period of 14 calendar days will be allowed for consideration by the Government of submittals with variations.

5. GOVERNMENT APPROVING AUTHORITY

5.1. When the approving authority is the KO or the designated representative, the Government will:

5.1.1. Note date on which submittal was received.

5.1.2. Review submittals for approval within scheduling period specified and only for conformance with project design concepts and compliance with contract documents.

5.1.3. Identify returned submittals with one of the actions defined in paragraph entitled "Review Notations" and with markings appropriate for action indicated.

5.1.4. Upon completion of review of submittals requiring Government approval, stamp and date approved submittals. The transmittal form (4025-R) showing approval of the submittal will be retained by the KO and one copy of the transmittal form will be returned to the Contractor electronically. If the Government performs a conformance review of other Quality Control System Manager approved submittals, the submittals will be so identified and returned, as described above.

6. DISAPPROVED OR REJECTED SUBMITTALS

6.1. Contractor shall make corrections required by the KO. If the Contractor considers any correction or notation on the returned submittals to constitute a change to the contract drawings or specifications, notice as required under the clause entitled, "Changes" is to be given to the KO. Failure to point out deviations may result in the Government requiring rejection and removal of such work at the Contractor's expense.

6.2. If changes to submittals are necessary, the Contractor shall make such revisions and submission of the submittals in accordance with the procedures above within 7 calendar days. No item of work requiring a submittal change is to be accomplished until the changed submittals are approved.

7. APPROVED /ACCEPTED SUBMITTALS.

7.1. The KO's approval or acceptance of submittals is not to be construed as a complete check, and indicates only that the general method of construction, materials, detailing and other information are satisfactory. Approval or acceptance will not relieve the Contractor of the responsibility for any error that may exist, as the Contractor under the Contractor Quality Control (CQC) requirements of this contract is responsible for the satisfactory construction of all work. After submittals have been approved or accepted by the KO, no resubmittal for the purpose of substituting materials or equipment will be considered unless accompanied by an explanation of why a substitution is necessary.

8. WITHHOLDING OF PAYMENT

8.1. Payment for materials incorporated in the work will not be made if required approvals have not been obtained. No payment for materials incorporated in the work will be made if all required Quality Controls System Manager or required Government approvals have not been obtained. No payment will be made for any materials incorporated into the work for any conformance review submittals or information only submittals found to contain errors or deviations from the Solicitation or Accepted Proposal.

9. DURATION FOR SUBMITTAL REVIEW

9.1. The Government shall have up to 14 calendar days to review each submittal starting when the Government receives the electronic submission. Government review periods may exceed 14 days on a case by case basis.

10. UMBRELLA SUBMITTALS

10.1. At the discretion of the KO, the Contractor and/or Government may request reoccurring submittals become part of an umbrella submittal package. The umbrella submittals will allow the expedition of submittals that reoccur on multiple Task Orders. Once a document has become part of the umbrella submittal package, only the alterations to the umbrella submittal will need to be submitted on a per Task Order basis.

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