FA5613-08-R-001-0002.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

The following have been modified:

BID SCHEDULE

Performance Period: 01 OCTOBER 2009 or date of award (whichever is later), through “60 Months after effective date of award”.

CLIN

DESCRIPTION

PRICE

INFO CLIN

UNIT PRICE BOOK (UPB).

Contractor shall furnish all plant, labor, materials, equipment, etc., as necessary to perform work detailed in the attached General Statement of Need (SON) for the unit price specified in the Unit Price Book (UPB) for Standard/Non-Standard Work Hours for task orders as applicable. This CLIN applies to all sub-trades.

0001AA

UPB FOR STANDARD HOURS.

Contractor shall perform work during standard hours as specified in Section F. Standard hour is defined as: Monday through Friday (0600 to 1800), excluding German Holidays. The Government estimates that standard hours will be used 90% of the time. Contractor is not entitled to an equitable adjustment if actual work reflects a different value.

MAXIMUM

COEFFICIENT

0001AB

UPB FOR NON-STANDARD HOURS.

Contractor shall perform work during non-standard hours as specified in Section F. Non-Standard hour is defined as: Monday through Friday (1800 to 0600) AND German Holidays and weekends. The Government estimates that non-standard hours will be used 10% of the time. Contractor is not entitled to an equitable adjustment if actual work reflects a different value.

MAXIMUM

COEFFICIENT

Contractor shall furnish all plant, labor, materials, equipment, etc., as identified at the task order site visit to perform work as detailed in the attached General Statement of Need (SON)

***LUMP SUM PRICE PER TASK ORDER

*** ONLY OFFERS RECEIVED IN € (EURO) WILL BE ACCEPTED

End of bid schedule

PRICE/COST INFORMATION

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

GENERAL INFORMATION

SECTION C: DESCRIPTION/SPECIFICATIONS

The contract is for a broad range of sustainment, maintenance, repair, alteration, and minor construction projects to include residential and commercial work for the Kaiserslautern Military Community (KMC) and Spangdahlem Air Base areas. The primary bases/geographically-separated units (GSU) are Ramstein Air Base, Spangdahlem Air Base, Sembach Air Base, Einsiedlerhof Air Station, Kapaun Air Station, Landstuhl and Vogelweh Military Family Housing, Bitburg Annex, Oberweis and Buechel. The maximum radius for this contract will be the borders of Germany. The work is required in support of the 435th Civil Engineer Group and 52 Civil Engineer Squadron.

C-1. GENERAL INFORMATION

The following documents are to be used in the execution of work under this contract:

a. General Statement of Need (including annexes); Section J, attachment 1.

(1) Work is to be performed in accordance with the publication “Deutsche Industrie Normen (DIN)” , “Verdingungsordnung fuer Bauleistungen, Part C (VOB, part C)”, ”Landesbauordnung Rheinlandpfalz (LbauO)” and the scope of work specified in individual Task orders issued against this contract

(2) The intent of the Statement of Need (SON) is to furnish concise industrial and commercial standards for a broad range of construction within Government properties.

b. Unit Price Book (UPB)

(1) The UPB contains pricing information and shall serve as the basis for establishing the value of the work to be performed on a unit price basis. All UPB unit prices are comprised of items such as material, labor, and equipment delivered and installed at the job site. No additional cost shall be incurred by the Government for the unit prices without the approval of the Contracting Officer.

(2) The UPB consists of the sections as listed in section H-5 of the solicitation.

C-2. GENERAL STATEMENT OF WORK (SOW)

SEE ATTACHMENT 1, SECTION J

SECTION B: PRICE/COST INFORMATION

COST LIMITATIONS: Task orders may be subject to Statutory Cost Limitations. If so, the limitation will be cited in the applicable task order.

XXX

B-1. NOTES REGARDING MAXIMUM COEFFICIENTS:

In order to be considered for award, each offeror must submit maximum coefficients for sub CLINS 0001AA and 0001AB as identified above. The maximum coefficient is the price multiplier that the contractor offers. The Government uses this multiplier to determine the price of work for each task on individual task orders. The Government established unit prices listed in the UPB (material, equipment, and labor without any markups for material, equipment, labor, subcontractor, overhead, or profit), are multiplied times the maximum coefficient to arrive at the actual price for a unit of work. An example of a decrease from the prices in the UPB would be “0.98.” An example of an increase above the prices in the UPB would be “1.06.”

NOTE: Maximum Coefficients are only a not-to-exceed (NTE) value and the Contractor may propose lower coefficients when competing for individual task orders.

The offeror’s price percentage factor (maximum coefficient) must be sufficient to cover all costs including (but not limited to) all general & administrative expenses; computer expense; overhead; profit; project direct costs; licenses; certifications; protection or moving of Government property; mobilization and demobilization expense; engineering/technical design support services; daily and final cleanup; gross receipts tax; general conditions (superintendent salaries, builder’s risk insurance); site and home office overhead; wage determination differential; special clothing or equipment for workers; equipment rental (offeror is expected to hire subcontractors which have their own equipment common to the trade); all insurance for all employees; portable toilets; traffic barricades; flag persons; safety equipment; additional supervision; material waste; swell and compaction; paperwork associated with the contract; consultant fees; on and off site storage separated according to reusable and unusable materials; all costs for breakage-, cutting-, gritting loss; the provisioning of machines; scaffolding with a working platform up to 2m height; freight and other transportation costs to the location of use within the real property; unloading and costs of haulage materials; dumping fees, and all contingencies, as well as costs associated with compliance of environmental, labor, and tax laws and all other contract requirements, as no allowance will be made after contract award.

SECTION D - PACKAGING AND MARKING

The following have been modified:

SECTION D-PACKING AND MARKING

SECTION D. PACKING AND MARKING

ANY SPECIAL PACKING OR MARKING WILL BE IDENTIFIED AT THE TASK ORDER LEVEL.

SECTION E - INSPECTION AND ACCEPTANCE

The following have been deleted:

SECTION F - DELIVERIES OR PERFORMANCE

The following have been added by reference:

The following have been added by full text:

NEW SECTION F PER AMENDMENT 2

CLIN

DELIVERY DATE

QUANTITY

SHIP TO ADDRESS

UIC

PER TASK ORDER

to be determined

PER TASK ORDER

PER TASK ORDER

to be determined

PER TASK ORDER

F-1. HOLIDAY PERFORMANCE AND HOURS OF WORK:

Normal access to the job site shall be between the hours of 0600 to 1800 hrs, Monday through Friday. Work performed after standard hours or on German holidays shall be coordinated by the Contractor and negotiated with the C. O. on the task order level. Some work areas may not be accessible on so-called “Goal days” or “Family days”.

Training Holidays, Goal days or Family days: These are unique to military forces stationed in Europe. Most accompany Federal holidays and dates are determined each year. A current listing may be obtained from the Contracting Officer.

List of US Holidays:

(1) 1 January*

New Year's Day

(2) 3rd Monday in January Martin Luther King's Day

(3) 3rd Monday in February Presidents Day

(4) Last Monday in May Memorial Day

(5) 4 July*

Independence Day

(6) 1st Monday in September Labor Day

(7) 2nd Monday in October Columbus Day

(8) 11 November*

Veteran's Day

(9) 4th Thursday in November Thanksgiving Day

(10) 25 December*

Christmas Day

*When the holiday is on a Saturday, the preceding Friday will be the U.S. holiday. When the holiday is on a Sunday, the following Monday will be the U.S. holiday.

List of Host Country Holidays in Germany are:

(1) 01 Jan

New Years Neujahrtag

(2) **

3 Kings Day Heilige 3 Koenige

(3) **

Good Friday Karfreitag

(4) **

Easter Monday Ostermontag

(5) 01 May Labor Day Tag der Arbeit

(6) **

Ascension Day Himmelfahrt

(7) **

Whit Monday Pfingstmontag

(8) **

Corpus Christi Fronleichnam

(9) 03

Oct Union Day Tag der Deutschen Einheit

(10) 01 Nov All Saints Day Allerheiligen

(11) 25 Dec Christmas Weihnachten

(12) 26 Dec Christmas Weihnachten **Indicates dates change each year. May be applicable on a state by state basis where work is performed under the contract.

F-2. LIQUIDATED DAMAGES (LDs)

LDs will be incorporated in all task orders totaling $550,000.00 or greater. The C. O. reserves the right to incorporate LDs for task orders less than this amount if he/she determines that LDs are warranted due to mission failure, loss of assets, etc. If LDs are used, they will be announced at the task order site visit.

If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount specified in the task order for each calendar day of delay until the work is completed or accepted. Please reference clause 52.211-12 for additional information.

F-3. CLAUSES INCORPORATED BY FULL TEXT [ IAW FAR 11.401 ]

PERIOD OF PERFORMANCE: Performance under this contract shall be for a maximum of 5 years from the effective date of contract award. Performance periods for each task order shall be negotiated prior to award of task order.

PLACE OF PERFORMANCE: Work under this contract shall be at Air Force installations within the borders of Germany to include geographically separated units (GSU). Spandahlem Air Base and Ramstein Air Base contracting offices will administer the basic contract and task orders.

PERIOD OF CONTRACT: The basic period of this contract shall be in effect from the effective date of the contract award plus 60 months.

52.247-55 F.O.B. POINT FOR DELIVERY OF GOVERNMENT-FURNISHED PROPERTY (JUN 2003)

(a) Unless otherwise specified in this solicitation, the Government will deliver any Government-furnished property for use within the contiguous United States or Canada to a point specified by the Contractor in the offer. If the Government makes delivery by railroad, the f.o.b. point will be private siding, Contractor's plant. If the Contractor's plant is not served by rail, the f.o.b. point will be railroad cars in the same or nearest city having rail service. The Government may choose the mode of transportation and the carriers and will bear the cost of all line-haul transportation to the specified destination.

(b) If the destination of the Government-furnished property is a Contractor's plant located outside the contiguous United States or Canada, the f.o.b. point for Government delivery of Government-furnished property will be a Contractor-specified location in the contiguous United States. If the Contractor fails to name a point, the Government will select as the f.o.b. point the port city in the contiguous United States nearest to the Government-furnished property that has regular commercial water transportation services to the offshore port nearest the Contractor's plant.

(c) Unless otherwise directed by the Contracting Officer or provided in the contract, the Contractor shall return all Government-furnished equipment, supplies, and property, including all property not returned in the form of acceptable end items, to the point at which the Government property was originally furnished to the Contractor under the contract. Notwithstanding the fact that the Government may have furnished the property at the Contractor's plant, the Contracting Officer may direct the Contractor to deliver the Government property being returned to, and load, block, and brace it in, railway cars in the city in which the Contractor's plant is located, or, if the Contractor's city is not served by rail service, in the nearest city having rail service. Unless otherwise specified in the contract, all property shall be packed in containers conforming with the rules of common carrier published tariffs so as to be free of penalty charges by the carrier designated for shipment by the Government.

(End of clause)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H-1. GENERAL TERMS:

(a) This is a Firm Fixed Price, Indefinite Delivery, Indefinite Quantity, type contract and will include a wide variety of individual specific elements of construction work identified in the UPB. Construction work not covered by the UPB will be presented by the Contractor as a Lump Sum Ordering Procedure (LSOP). During the contract period, 435 CEG or 52 CES will identify construction tasks required to complete specific projects and the Contracting Officer will negotiate and issue individual task orders to the contractor to perform the projects. The contractor shall furnish all materials, equipment and personnel necessary to design, manage, and accomplish each task order. The Government will issue a Notice to Proceed for each task order placed against the basic contract.

(b) Guaranteed Minimum: $50,000.00 per awardee

(c) The "maximum", as referred to in the contract clause FAR 52.216-22, "Indefinite Quantity", is the contract total estimated cost. The Government anticipates that there will be a maximum estimated cost of $275,000,000.00 for the 5-year ordering period. This estimated "maximum" amount may only be exceeded through a bi-lateral agreement between the Government and contractor. The Contractor must be prepared to perform up to the contract maximum estimated cost of $275,000,000.00. If the Government's requirements for services set forth in the solicitation do not result in orders in the amount described as "maximum", the event shall not constitute the basis for an equitable adjustment under this contract.

H-2. CONSTRUCTION START-UP PERIOD:

The Contractor must have the organization and capability to start performance on the next day after the award of the basic contract.

H-3. Performance Evaluation Meetings:

The contract manager shall be required to meet monthly, or more often than monthly depending on the workload of the Contractor, with the 435th CES/CEPM Chief and the Contracting Officer (CO) to discuss progress and quality of work being performed. The contract manager for the Spangdahlem area shall be required to meet monthly or more often than monthly depending on the workload of the Contractor, with the 52 CES/CEPM OIC/NCOIC and the CO to discuss progress and quality of work being performed.

H-4. PROGRAM STATUS REVIEWS (PSR):

The Contractor shall conduct Program Status Reviews at least annually (or more often as needed). As part of the Program Status Reviews, the Contractor shall provide a Program Status Briefing. The briefing, including presentation materials, will include the following as a minimum: a) overall CES/CECM Program report (number of projects to date, total active projects, total Dollars/Euro awarded, percentage of UPB/Lump-Sum awarded, quality assurance problems, performance difficulties, etc.); b) Brief overview of current projects/task orders, highlighting any “high interest” tasks; c) Identification of key personnel working and major subcontractors; d) Any other item determined necessary by the Contracting Officer. The contractor shall be responsible for coordinating with the Contracting Officer for scheduling the briefings, facility and attendance arrangements. As a minimum, the following personnel shall be invited to attend: Contracting Squadron Construction Flight Chief (700 CONS & 52 CONS), Engineering & Construction Flight Chief (435th CES/CEC & 52th CES/CEC), and CES/SABER Chief and the Contracting Officer.

H-5. NOTES REGARDING THE UNIT PRICE BOOK (UPB):

The following table lists the UPB version (STLB Bau Z) that shall be applied to the proposed contract:

Sep 00

Sep 08

Additional Line Item Listing (Section J, Attachment 05) In addition Section J, Attachment #5 contains an additional items list for items not covered by the listed UPB. Those items address customer established item standards and need to be considered and incorporated into the contractor provided software program. These items shall be considered by the offerors when calculating their max. coefficients.

The test project will require the use of the UPB and additional line items as described above. The contractor shall provide their Test Project Proposal in Excel/PDF format.

This UPB (and the additional line item listing shown in Section J, attachment 05) shall be used for the entire 5-year ordering period without any changes.

All offerors need to have a copy of the UPB on hand in order to calculate their basic contract maximum coefficients. The UPB and additional items list shall also be applied by the offerors when calculating the test project proposal and be applied by the awardees when calculating price at the task order level.

The hardcopy version of the this UPB is available from the following source:

Beuth Verlag GmbH

Burggrafenstraße 6 10787 Berlin

Required Submittals for all Contract Awardees after contract award:

All Offerors who receive a basic contract award shall provide UPB hardcopy books and software UPB program. ARRIBA 12.3 or any suitable substitute that is GAEB compatible/PDF format will be acceptable to the Government, provided it meets the below criteria and has been approved through the Contracting Officer prior to submittal. Most current software versions shall be provided.

Possible source for the software is:

RIB Software AG

Vaihinger Straße 151 70567 Stuttgart

Submittal package after contract award shall consist of the following:

· 2 complete sets of hardcopy books of the UPB described above.

· 2 full user licenses for Software Program described above. This shall include annual updates and initial incorporation of the additional line items described below provided by the C. O. for a five year period. Translation of the electronic UPB into English.

· Adding all the additional line items (Section J, Attachment 05) to the software program (and translate into English).

· Provide initial and annual user training for the provided software to an average 8 Government users.

· The software must have an index in the front to facilitate easy access to all data.

· The software must have the capability to add additional UPB line items.

H-6. TASK ORDER SAMPLE CALCULATION

The following sample calculation illustrates the use of the UPB (standard and non-standard hours) and Lump-Sum Ordering Procedures (LSOP). This content shall be applied in providing the test project proposal as well as on any future task order proposals. The contractor has submitted a maximum coefficient for standard and non-standard hours as shown below. One item was not contained in the UPB so therefore the Contractor submitted a Lump Sum Proposal for that item. All figures are fictitious and may or may not exist in the UPB used for this contract.

SAMPLE DESCRIPTION OF WORK: Replace sidewalk and improve storm drainage. For this example; the following coefficients are used:

Standard hours -- .50 Non-standard hours -- .60

Note: table below was updated per Amendment #2. More columns made be used for the proposal as long as all information is below as shown below.

Earth Work (standard hours)

Drainage Work (standard hours)

Road Work (non-standard hours)

Non-UPB Item (LSOP)

H-7. TASK ORDER; ORDERING UNDER THE UNIT PRICE BOOK (UPB):

All task orders placed under this contract will be competed among the multiple IDIQ awardees, regardless of value. Based on the requirements of the task order and the initial site visit, the Contractor is responsible to determine the required trades to be performed under the task order. The proposed maximum coefficients in the contract will be applied to the corresponding trades to determine the price. The Contractor shall use the UPB as described in H-5 above and consider the additional line item list in Attachment #5.

PROCEDURES:

(a) As the need exists for performance under the terms of this contract, the CO or his/her representative will notify the Contractor of an existing requirement. The following are procedures for ordering from the contract CLINS (at the task order level).

(1) Upon receipt of the task order solicitation, the Contractor shall respond to the needs of the Government within 2 working days (or a shorter time period during emergency requirements) by visiting the proposed work site in the company of the CO (or authorized representative), US Air Force Engineers and a representative of the using agency (if necessary) to conduct a scope validation site visit and conference during which the following will be discussed (but not limited to):

-Site investigation

-Methods and alternatives for accomplishing work

-Definition and refinement of requirements

-Statement of need

-Requirements for plans, sketches, shop/design drawings, submittals, etc

-Preliminary quantities (NOTE: The Contractor establishes his own detailed quantity estimates for use in developing his proposal.)

(2) Upon establishment of the scope of the individual requirement, the Contractor shall then prepare his technical and cost proposal for submission to the CO (in hard copy and electronic format).

(3) The technical proposal includes (but not limited to) identifying tasks, refining quantities, preparing working drawings detailed engineering plans/drawings (as the requirement exists), developing performance times, and including a detailed statement of proposed work.

(4) The cost proposal shall include UPB line item numbers in numerical order, quantities, and unit cost for each pre-priced work item. The Lump-Sum Ordering Procedure (LSOP) may be used if a better price can be obtained than the UPB. If used, LSOP will clearly identify the scope of that portion of work to be executed by the LSOP method. In some cases, a separation of UPB line items into separate groups will be required. (i.e. New Work, Repair, different funding sources).

(5) Measurements shall be in accordance with units specified in the UPB.

(6) From the date of the site visit, the time allowed for submittal of the Contractor's technical and cost proposal for individual requirements will be as follows, unless otherwise directed by the CO. Classification of projects as Routine, Urgent or Emergency will be determined by the Government.

Routine: UPB proposals shall be delivered to the CO no later than ten workdays after the site visit. Projects will be classified as “routine” approximately 75% of the time.

Urgent: UPB proposals shall be submitted within three workdays after the site visit unless mission dictates a shorter time period. Projects will be classified as “urgent” approximately 18% of the time.

Emergency: UPB proposals shall be submitted within 8 hours after the site visit. Projects will be classified as “Emergency” approximately 7% of the time.

(7) Upon receipt of the Contractor's technical and cost proposal, the Government will review the technical proposal for completeness and reasonableness. The Government will return the technical proposals with comments as required.

(8) If the CO directs a work schedule that is during non-standard hours, then the non-standard working hours coefficient indicated on the Bid Schedule shall be applied for those specific items of work that will be performed during non-standard hours. The standard coefficient (multiplier) price for the remaining items of work to be installed will be applied for standard working hours.

(c) If a project is cancelled prior to acceptance of technical proposals, the Government reserves the right to cancel the requirement without any reimbursement.

H-8. LUMP-SUM ORDERING PROCEDURE (LSOP) ITEMS:

Pricing for each task order will be IAW the Unit Price Book unless more favorable pricing is offered via the LSOP. CLIN 0002 may be used for special items that are not covered by UPB, but are generally within the general intent of the contract. Award will be made to the Contractor providing an acceptable proposal and the best overall price (includes UPB and LSOP).

Support Documents Required for LSOP: The Contractor is required to submit a full LSOP package to include detailed statement of work. The SOW shall address all the items shown in the Standardized Technical Proposal (STP) format. Items to be included (but not limited to) will be construction schedule, phasing plan, subcontracting list, etc.

H-9. TASK ORDER INFORMATION:

(a) Task orders will be issued for CLINS 0001AA, 0001AB, and 0002 by the CO using a Standard Form 1155. Each task order will include the following information:

· Date of the task order.

· Contract number, task order number and project number.

· Scope of work, location (building number) and task order lump sum price, inclusive of UPB and LSOP items.

· Delivery or performance data.

· Accounting and appropriation data.

· Any other pertinent data.

(b) The Contractor's proposal on every task order must be supported by necessary documentation as required, to indicate that adequate engineering and planning to accomplish the requirement have been done so as to minimize any delays in the construction process. Examples of documentation required for submittals that might reasonably be expected include sketches, drawings, calculations, catalog cuts, specifications, architectural renderings, detailed scope of work etc. All such design submittals must be approved by the CO prior to start of any actual construction or demolition work.

H-10. TIME EXTENSIONS (Weather):

In case of unusually severe weather, a time extension may be granted. The listing below defines the monthly-anticipated adverse weather delay days for the contract period:

The above schedule of monthly-anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days will be recorded by the Contractor on a calendar day basis (include weekends and holidays) and compared to the monthly-anticipated adverse weather days above. The Contractor shall prove to the CO all severe weather delays with a full justification (to include official daily weather report print-outs, concrete curing temperature specifications, etc). The CO reserves the right to deny weather delay claims that are not fully justified.

The number of actual adverse weather days shall be calculated chronologically from the first to the last day in each month. Once the total number of actual adverse weather days anticipated above has occurred, the CO will examine any subsequently occurring adverse weather days to determine whether a Contractor is entitled to time extension. These subsequently occurring adverse weather days must prevent work for 50 percent or more of the Contractor's workday and delay work critical to the timely completion of the project. The CO will convert any delays meeting the above requirements to calendar days and issue a modification.

The Contractor's task order progress schedule must reflect the above anticipated adverse weather delays on all weather dependent activities.

H-11. Warranty Service Requirements:

In addition to FAR clause 252.246-7002, the following applies:

(a) The Contractor shall furnish, as a minimum, 1 primary and alternate name and telephone number of his/her management staff, available 24 hours per day, 7 days per week, for the life of this contract to respond to warranty situations.

(b) Following notification by the CO (or authorized representative), the Contractor shall respond to a warranty service requirement identified by the CO (or authorized representative), in accordance with the “Warranty Service Priority List” of this program. This list prioritizes warranty work into the following categories:

Emergency -- Perform on site inspection to evaluate situation, determine course of action, initiate work within 2 hours and work continuously to completion.

Urgent -- Perform on site inspection to evaluate situation, determine course of action, initiate work within 24 hours and work continuously to completion.

Routine -- All other work to be initiated within 48 hours and work continuously to completion.

Definitions:

Emergency -- Emergency deemed by 435 CES/CEPM or 52 CES/CEPM such as a life-threatening situation caused by a utility outage deemed hazardous to the safety of personnel.

Urgent -- All utilities, including HVAC, plumbing and electrical. Also, intrusion alarm systems, all roof leaks, kitchen equipment, and fire detection/protection and sprinkler systems.

Routine -- All other areas.

(c) Should parts be required to complete the work and these parts are not immediately available, the Contractor shall have a maximum of 12 hours after arrival at the job site to provide the CO with firm, written proposals for emergency alternatives and temporary repairs for Government participation with the Contractor to provide emergency relief until the required parts are available on site for the Contractor to perform permanent warranty repair. The Contractor’s proposals shall include a firm date and time that the required parts shall be available on site to complete the permanent warranty repair. The CO will evaluate the proposed alternatives and select the alternative considered to be in the best interest of the Government to reduce the impact of the emergency condition. Alternatives considered by the CO will include the alternative for the Contractor to “do nothing” while waiting until the required parts are available to perform permanent warranty repair. Negotiating a proposal, which will require Government participation and the expenditure of Government funds, shall constitute a separate procurement action by the Government.

H-12. NOTES REGARDING WORK HOURS:

Standard Working Hours. The Contractor shall perform tasks during the standard working period of 0600 to 1800, Monday through Friday, excluding German Holidays. Standard work hours also apply to work on an American Holiday when the work is pre-approved by the Contracting Officer. The Government estimates that work will be performed during standard hours 90% of the time. This figure is only an estimate. The contractor is not entitled to an equitable adjustment if actual work performed reflects a different value.

Non-Standard Working Hours. Non-standard working hours are defined as the period from 1800 to 0600, Monday through Friday, as well as weekends and German Holidays. The Government estimates that work will be performed during non-standard hours 10% of the time. This figure is only an estimate. The contractor is not entitled to an equitable adjustment if actual work performed reflects a different value.

Items of work to be accomplished during non-standard hours shall be clearly identified in contractor technical/cost proposals, including justification for the request. The Contractor may elect to work during non-standard hours (1800 to 0600); however, a request must be: a) submitted in writing to the 435 CEG or 52 CES Chief of Engineering at least 48 hours in advance, and b) approved by the Contracting Officer if non-standard pricing coefficients are to be applied. Hours worked without prior notification and the approval of the Contracting Officer will be calculated at the pricing coefficients applied for standard hours. The only exception is for task orders subject to an accelerated construction schedule. Accelerated task orders will have the non-standard working hour coefficient applied to the associated task order line items.

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from DATE OF AWARD THROUGH 60 MONTHS AFTER EFFECTIVE DATE OF AWARD.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods.

(End of clause)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $5,000,000.00;

(2) Any order for a combination of items in excess of $275,000,000.00; or

(3) A series of orders from the same ordering office within 5 WORKDAYS that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 WORKDAYS days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after COMPLETION OF ALL TASK ORDERS ISSUED DURING THE CONTRACT PERIOD.

(End of clause)

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for--

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

The following have been modified:

52.232-16 PROGRESS PAYMENTS (APR 2003)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in approved amounts by the Contracting Officer, under the following conditions:

(a) Computation of amounts. (1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under FAR 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors--

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless--

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for --

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor

(ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 80 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) of this clause, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) of this clause).

(2) Performance of this contract is endangered by the Contractor's --

(i) Failure to make progress or

(ii) Unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The unliquidated progress payments exceed the fair value of the work accomplished on the undelivered portion of this contract.

(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph (b) of this clause, and that rate is less than the progress payment rate stated in subparagraph (a)(1) of this clause.

(d) Title.

(1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title under any other clause of this contract;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would not be obtained as special tooling under paragraph (d) (2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract; e.g., the termination or special tooling clauses, shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms. The Contractor shall (i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not--

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk.