FINAL Package SB1341-11-RP-0062 - SF 1142 - Doors and Windows 30June2011.pdf

SOLICITATION, OFFER, AND

AWARD

1. Solicitation No. 2. Type of Solicitation 3. Date Issued Page of Pages

SB1341-11-RP-0062 Sealed Bid (IFB) Jun 30, 2011 1 of 48 (Construction, Alteration, or Repair) X Negotiated (RFP)

IMPORTANT – The “offer” section on the reverse must be fully completed by offeror.

4. Contract No. 5. Requisition/Purchase Request No. 6. Project No.

NB194000-11-03614

7. Issued By Code 000014 8. Address Offer to Code 000014

NATIONAL INST OF STDS AND TECHNOLOGY NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY 325 BROADWAY

BOULDER, CO 80305-3328 BOULDER, CO 80305-3328

9. For Information Call:

A. Name B. Telephone No. (Include area code) (No Collect Calls)

LEISA LORD (ID BWC) 303-497-3032

LLORD@MAIL.NIST.GOV

SOLICITATION

NOTE: In sealed bid solicitation “offer” and “offeror” mean “bid” and “bidder”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS: (Title, Identifying No., Date)

Windows and Doors for Building 1 at NIST, Boulder Campus.

Please see the following pages for the Statement of Work and other attachements.

Davis Bacon Wage Determination attached.

Contracting Officer's Technical Representative: Mark Bryant: 303-497-6553

11. The Contractor shall begin performance within 1 calendar days and complete it within 112 calendar days after receiving the award, X notice to proceed. This performance period is X mandatory negotiable. ( See .)

12A. The Contractor must furnish any required performance and payment bonds? 12B. Calendar Days

(If “YES”, indicate within how many calendar days after award in item 12B.)

10 X Yes No

13. Additional Solicitation Requirements:

A. Sealed offers in original and 5 copies to perform the work required are due at the place specified in Item 8 by 12:00 PM (hour) local time

Aug 1, 2011 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is Is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 Standard Form 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1 (e)

OFFER (Must be fully completed by offeror)

14. Name and Address of Offeror (Include ZIP Code)

15. Telephone No. (Include are code)

15. Remittance Address (Include on it different than Item 14)

Code Facility Code

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this is accepted by the Government in writing within ________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendment to the solicitation - give number and data of each)

AMENDMENT

No.

DATE

20A NAME,TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print) 20B. SIGNATURE 20c. OFFER DATE

AWARD (to be completed by Government)

21. ITEM(S) ACCEPTED

22. Amount

23. Accounting and Appropriation Data

24. Submit Invoices to Address shown above

(4 copies unless otherwise specified)

Item

25. Other Than full and open competition pursuant to

10 U.S.C. 2304(c) ( ) 41 U.S.C 253 (c) ( )

26. Administered by Payment will be made by

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office) Contractor agrees to furnish and deliver all items or perform all work, requisition stated in this contract. The rights and obligation s of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and(c) the clauses, representations certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation, is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. Name and Title of Contractor or Person authorized

31A. Name of Contracting Officer (Type or Print)

30b. Signature 30C. Date 31B. United States of America 31C. Award Date

By

STANDARD FORM 1442 BACK (REV. 4-85)

Supplies or Services and Prices/Costs

Item No. Supplies/Services Quantity Unit Unit Price Amount

0001 BASE: FURNISH LABOR, MATERIAL AND

EQUIPMENT FOR BUILDING 1 WINDOW

AND DOOR REPLACEMENT PER THE

ATTACHED DOCUMENT.

1 JB ______________ ______________

DELIVERY DATE: 02/21/2012

SHIP TO:

NATIONAL INST OF STDS AND

TECHNOLOGY

325 BROADWAY

BOULDER, CO 80305-3328

FOB: Destination

0002 OPTION 1: PROVIDE LABOR, MATERIAL

AND EQUIPMENT FOR BUILDING 4

WINDOW REPLACEMENT PER THE

NATIONAL INST OF STDS AND

TECHNOLOGY

0003 OPTION 2: PROVIDE LABOR, MATERIAL

AND EQUIPMENT FOR BUILDING 5

WINDOW REPLACEMENT PER THE

NATIONAL INST OF STDS AND

TECHNOLOGY

Table of Contents

Page

SB1341-11-RP-0062

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SECTION B - Services B.1 Supplies and Service Prices/Costs

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Descriptions/Specifications/Statement of Work

SECTION D - PACKAGING AND MARKINGS

D.1 Packaging and Markings

SECTION E - INSPECTION AND ACCEPTANCE ......................................................... Error! Bookmark not defined.

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996) ............................. Error! Bookmark not defined.

E.2 1352.246-70 PLACE OF ACCEPTANCE (APR 2010).......................................... Error! Bookmark not defined.

SECTION F - DELIVERIES OR PERFORMANCE ......................................................... Error! Bookmark not defined.

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)............ Error!

Bookmark not defined.

F.2 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

………………………………………Error! Bookmark not defined.

F.3 52.242-14 SUSPENSION OF WORK (APR 1984) ................................................ Error! Bookmark not defined.

SECTION G - CONTRACT ADMINISTRATION DATA ............................................... Error! Bookmark not defined.

G.1 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) .............. Error! Bookmark not defined.

G.2 NIST LOCAL_04 BILLING INSTRUCTIONS

SECTION H - SPECIAL CONTRACT REQUIREMENTS .............................................. Error! Bookmark not defined.

H.1 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010) .......... Error! Bookmark not defined.

H.2 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010) ............... Error! Bookmark not defined.

H.3 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) ............................. Error! Bookmark not defined.

H.4 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) ..... Error! Bookmark not defined.

H.5 1352.228-70 INSURANCE COVERAGE (APR 2010) ......................................... Error! Bookmark not defined.

H.6 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010)

H.7 1352.233-70 AGENCY PROTESTS (APR 2010)

H.8 1352.237-70 SECURITY PROCESSING REQUIREMENTS - HIGH OR MODERATE RISK CONTRACTS

(APR 2010)

H.9 1352.237-73 FOREIGN NATIONAL VISITOR AND GUEST ACCESS TO DEPARTMENTAL RESOURCES

(APR 2010)

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ............... Error! Bookmark not defined.

I.2 52.202-1 DEFINITIONS (JUL 2004)

I.3 52.203-3 GRATUITIES (APR 1984)

I.4 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

I.5 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

I.6 52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010)

I.7 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (JAN 1997)

I.8 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) I.9 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

I.10 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

I.11 52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

I.12 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

I.13 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

I.14 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2010)

I.15 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

I.16 52.215-2 AUDIT AND RECORDS--NEGOTIATION (OCT 2010)

I.17 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (OCT 2010)…18

I.18 52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA--

MODIFICATIONS (OCT 2010)

I.19 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)

I.20 52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010) .. 18

Page - 5

I.21 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)

I.22 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS

(PRB)OTHER THAN PENSIONS (JUL 2005)

I.23 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN

CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)

I.24 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003)

I.25 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2011)

I.26 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (APR 2009)

I.27 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

I.28 52.222-3 CONVICT LABOR (JUN 2003)

I.29 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME COMPENSATION

(JUL 2005)

I.30 52.222-6 DAVIS-BACON ACT (JUL 2005)

I.31 52.222-7 WITHHOLDING OF FUNDS (FEB 1988)

I.32 52.222-8 PAYROLLS AND BASIC RECORDS (JUN 2010)

I.33 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

I.34 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

I.35 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (JUL 2005)

I.36 52.222-12 CONTRACT TERMINATION--DEBARMENT (FEB 1988)

I.37 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988)

I.38 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

I.39 52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988)

I.40 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

I.41 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

I.42 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (FEB 1999)

I.43 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. [SEP 2010]

I.44 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010

I.45 52.222-37 EMPLOYMENT REPORTS VETERANS (SEP 2010)

I.46 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

I.47 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

I.48 52.223-3 I HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)--

ALTERNATE I (JUL 1995)

I.49 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I.50 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

I.51 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)

I.52 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

I.53 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

I.54 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007)

I.55 52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

I.56 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

I.57 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

I.58 52.228-11 PLEDGES OF ASSETS (SEP 2009)

I.59 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (OCT 1995)

I.60 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)

I.61 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)

I.62 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002)

I.63 52.232-17 INTEREST (OCT 2010)

I.64 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

I.65 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)

I.66 52.233-1 DISPUTES (JUL 2002)

I.67 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I.68 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.69 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

I.70 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

I.71 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

Page - 6

I.72 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

I.73 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

I.74 52.236-8 OTHER CONTRACTS (APR 1984)

I.75 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (APR 1984)

I.76 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

I.77 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

I.78 52.236-12 CLEANING UP (APR 1984)

I.79 52.236-13 ACCIDENT PREVENTION (NOV 1991)

I.80 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

I.81 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

I.82 52.236-17 LAYOUT OF WORK (APR 1984)

I.83 52.236-19 ORGANIZATION AND DIRECTION OF THE WORK (APR 1984)

I.84 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

I.85 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

I.86 52.242-13 BANKRUPTCY (JUL 1995)

I.87 52.242-14 SUSPENSION OF WORK (APR 1984)

I.88 52.243-4 CHANGES (JUN 2007)

I.89 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2010)

I.90 52.245-1 GOVERNMENT PROPERTY (AUG 2010)

I.91 52.245-9 USE AND CHARGES (AUG 2010)

I.92 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

I.93 52.248-3 VALUE ENGINEERING--CONSTRUCTION (OCT 2010)

I.94 52.249-2 I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004)--

ALTERNATE I (SEP 1996)

I.95 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

I.96 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

I.97 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

I.98 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

I.99 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

I.100 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

I.101 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (DEC 2007)

I.102 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003)

I.103 52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIALS (SEP 2010)

I.104 52.228-1 BID GUARANTEE (SEP 1996)

I.105 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR

REGISTRATION (OCT 2003)

I.106 1352.237-75 KEY PERSONNEL (APR 2010)

I.107 52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)….29

I.108 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) ……………………………..29

SECTION J - LIST OF ATTACHMENTS

J.1 PAST PERFORMANCE QUESTIONAIRE

J.2 PRICE BREAKDOWN WORKSHEET…………………………………………………………………………...32

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007)

K.2 52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (SEP 2010)

K.3 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

K.4 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) ....................................... Error! Bookmark not defined.

K.5 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2011) ........... Error! Bookmark not defined.

K.6 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

K.7 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

K.8 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.9 52.223-1 BIOBASED PRODUCT CERTIFICATION (DEC 2007)

Page - 7

K.10 52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008)

K.11 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.2 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

L.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

L.4 52.232-13 NOTICE OF PROGRESS PAYMENTS (APR 1984)

L.5 1352.215-70 PROPOSAL PREPARATION (APR 2010)

L.6 1352.215-72 INQUIRIES (APR 2010)

L.7 52.216-1 TYPE OF CONTRACT (APR 1984)

L.8 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB 2009)

L.9 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.10 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

L.11 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

L.12 1352.242-70 POSTAWARD CONFERENCE (APR 2010)

L.13 MAGNITUDE OF PROJECT

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 1352.215-75 EVALUATION CRITERIA (APR 2010)

M.2 PROPOSAL EVALUATION PROCEDURES/BASIS FOR AWARD

M.3 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Page - 8

C.1 The following documents define the contract requirements and are hereby incorporated into the contract by reference:

A. SCOPE OF WORK FOR BUILDING 1 – Library/Lobby Door and Window Replacement B. Department of Commerce – LOGO C. Vendor Specifications D. OFPM Contractor Safety Evaluation and Review Checklist E. Davis Bacon Wage Determination

SECTION D

PACKAGING AND MARKING

Page - 9

D. 1 PACKAGING AND MARKINGS

Packaging and marking of submittals to be delivered in accordance with the specifications of this contract.

SECTION E

INSPECTION AND ACCEPTANCE

Page - 10

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(Reference 46.312)

E.2 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be:

325 Broadway Building 111 Boulder, CO 80305 (End of clause)

SECTION F

DELIVERIES OR PERFORMANCE

Page - 11

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to

(a) commence work under this contract within 1 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 112 The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.2 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) 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 of $ 600 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of Clause)

F.3 52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted

(1) by an act of the Contracting Officer in the administration of this contract, or

(2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed--

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of Clause)

SECTION G

CONTRACT ADMINISTRATION DATA

Page - 12

G.1 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(END OF CLAUSE)

G.2 NIST LOCAL_04 BILLING INSTRUCTIONS

(a)The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to:

NIST

Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 FAX Number: 301-975-8283 Email: invoice@nist.gov

(b)Each invoice or voucher submitted shall include the following:

(1)Contract Number.

(2)Contractor Name and Address.

(3)Date of Invoice.

(4)Invoice Number.

(5)Amount of Invoice, and cumulative amount invoiced to-date.

(6)Contract Line Item Number (CLIN).

(7)Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered.

(8)Prompt payment discount terms, if offered.

(9)Any other information or documentation required by the contract.

(END OF CLAUSE)

SECTION H

SPECIAL CONTRACT REQUIREMENTS

Page - 13

H.1 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

(a) The contractor is authorized to duplicate or copy production units provided the requirement does not exceed 5,000 production units of any one page or 25,000 production units in the aggregate of multiple pages. Such pages may not exceed a maximum image size of 10-3/4 by 14-1/4 inches. A "production unit" is one sheet, size 8-1/2 x 11 inches (215 x 280 mm), one side only, and one color ink. Production unit requirements are outlined in the Government Printing and Binding Regulations.

(b) This clause does not preclude writing, editing, preparation of manuscript copy, or preparation of related illustrative material as a part of this contract, or administrative duplicating/copying (for example, necessary forms and instructional materials used by the contractor to respond to the terms of the contract).

(c) Costs associated with printing, duplicating, or copying in excess of the limits in paragraph (a) of this clause are unallowable without prior written approval of the Contracting Officer. If the contractor has reason to believe that any activity required in fulfillment of the contract will necessitate any printing or substantial duplicating or copying, it shall immediately provide written notice to the Contracting Officer and request approval prior to proceeding with the activity. Requests will be processed by the Contracting Officer in accordance with FAR 8.802.

(d) The contractor shall include in each subcontract which may involve a requirement for any printing, duplicating, and copying in excess of the limits specified in paragraph (a) of this clause, a provision substantially the same as this clause, including this paragraph (d).

(End of clause)

H.2 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

(a) The contractor agrees, in the performance of this contract, to keep the information furnished by the Government or acquired/developed by the contractor in performance of the contract and designated by the Contracting Officer or Contracting Officer's Representative, in the strictest confidence. The contractor also agrees not to publish or otherwise divulge such information, in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the contractor's possession, to those employees needing such information to perform the work described herein, i.e., on a "need to know" basis. The contractor agrees to immediately notify the Contracting Officer in writing in the event that the contractor determines or has reason to suspect a breach of this requirement has occurred.

(b) The contractor agrees that it will not disclose any information described in subsection (a) to any person unless prior written approval is obtained from the Contracting Officer. The contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(End of clause)

H.3 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

(End of clause)

H.4 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

Page - 14

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors.

The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk.

(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future.

Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof.

Page - 15

H.5 1352.228-70 INSURANCE COVERAGE (APR 2010)

(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 workers' compensation to be written by private carriers.

(b) General liability.

(1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability Insurance shall be required in the amount of $0

(c) Automobile liability. The contractor shall have automobile liability insurance written on the 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.

(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 liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government.

(End of clause)

H.6 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE

(APR 2010)

When the Government is injured, wholly or partially as a result of the contractor's actions and such actions are covered by the insurance required by 1352.228-70, Insurance Coverage, the Government is entitled to recover from the contractor the full amount of any such injury attributable to the contractor regardless of a deductible. The Contracting Officer may offset the amount of recovery against any payment due to the contractor.

(End of clause)

H.7 1352.233-70 AGENCY PROTESTS (APR 2010)

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address: Jason Gerloff 325 Broadway, MC 194 Boulder, CO 80305

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: Mark Langstein 6009 Valerian Lane Rockville, MD 20852

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel

Page - 16 within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause)

H.8 1352.237-70 SECURITY PROCESSING REQUIREMENTS - HIGH OR MODERATE RISK

CONTRACTS (APR 2010)

(a) Investigative Requirements for High and Moderate Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a High or Moderate Risk contract shall undergo security processing by the Department's Office of Security before being eligible to work on the premises of any Department of Commerce facility, or through a Department of Commerce IT system.

All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor. The level of contract risk will determine the type and scope of such processing as noted below.

(1) Non-IT Service Contracts

(i) High Risk - Background Investigation (BI)

(ii) Moderate Risk - Moderate Background Investigation (MBI)

(2) IT Service Contracts

(i) High Risk IT - Background Investigation (BI)

(ii) Moderate Risk IT - Background Investigation (BI)

(b) In addition to the investigations noted above, non-U.S. citizens must have a pre-appointment check that includes an Immigration and Customs Enforcement agency check.

(c) Additional Requirements for Foreign Nationals (Non-U.S. Citizens) To be employed under this contract within the United States, non-U.S. citizens must have:

(1) Official legal status in the United States

(2) Continuously resided in the United States for the last two years; and

(3) Advance approval from the servicing Security Officer of the contracting operating unit in consultation with the Office of Security (OSY) headquarters.

(OSY routinely consults with appropriate agencies regarding the use of non-U.S.

citizens on contracts and can provide up-to-date information concerning this matter.)

(d) Security Processing Requirement. Processing requirements for High and Moderate Risk Contracts are as follows:

(1) The contractor must complete and submit the following forms to the Contracting Officer Representative (COR):

(i) Standard Form 85P (SF 85P), Questionnaire for Public Trust Positions;

(ii) FD 258, Fingerprint Chart with OPM's designation in the ORI Block;

and (iii Credit Release Authorization.

(2) The Sponsor will ensure that these forms have been properly completed, initiate the CD-254, Contract Security Classification Specification, and forward the documents to the cognizant Security Officer.

(3) Upon completion of the security processing, the Office of Security, through the servicing Security Officer and the COR, will notify the contractor in writing of the individual's eligibility to be given access to a Department of Commerce facility or Department of Commerce IT system.

(4) Security processing shall consist of limited personal background inquiries pertaining to verification of name, physical description, marital status, present and former residences, education, employment history, criminal

Page - 17 record, personal references, medical fitness, fingerprint classification, and other pertinent information. For non-U.S. citizens, the COR must request an Immigration and Customs Enforcement (formerly INS) agency check. It is the option of the Office of Security to repeat the security processing on any contract employee at its discretion.

(e) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the COR will be notified. The COR, in coordination with the contracting officer, will immediately remove the contract employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following:

(1) Conviction of a felony of a crime of violence or of a misdemeanor involving moral turpitude.

(2) Falsification of information entered on security screening forms or of other documents submitted to the Department.

(3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct directly related to the contract.

(4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets.

(f) Failure to comply with the requirements may result in termination of the contract or removal of some contract employees from Department of Commerce facilities or access to IT systems.

(g) Access to National security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.

(h) The Contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

(End of Clause)

H.9 1352.237-73 FOREIGN NATIONAL VISITOR AND GUEST ACCESS TO DEPARTMENTAL

RESOURCES (APR 2010)

(a) The contractor shall comply with the provisions of Department Administrative Order 207-12, Foreign National Visitor and Guest Access Program;

Bureau of Industry and Security Export Administrative Regulations Part 734, and [insert operating unit counsel specific procedures]. The contractor shall provide the Government with notice of foreign nationals requiring access to any Department of Commerce facility or through a Department of Commerce IT system.

(b) The contractor shall identify each foreign national who requires access to any Departmental resources, and shall provide all requested information in writing to the Contracting Officer's Representative.

(c) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

SECTION I

CONTRACT CLAUSES

Page - 18

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

This contract incorporates one or more 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 this/these addresses):

https://www.acquisition.gov/FAR

(END OF CLAUSE)

I.2 52.202-1 DEFINITIONS (JUL 2004)(Reference 2.201)

I.3 52.203-3 GRATUITIES (APR 1984)(Reference 3.202)

I.4 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)(Reference 3.404)

I.5 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

(Reference 3.503-2)

I.6 52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010)(Reference 3.502-3)

I.7 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (JAN 1997)(Reference 3.104-9)

I.8 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN

1997)(Reference 3.104-9)

I.9 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010)(Reference 3.808)

I.10 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

(Reference 3.1004)

I.11 52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)(Reference 3.1004)

I.12 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER (MAY 2011)(Reference 4.303)

I.13 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)(Reference 4.1105)

I.14 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2010)

(Reference 9.409)

I.15 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)(Reference 11.703)

I.16 52.215-2 AUDIT AND RECORDS--NEGOTIATION (OCT 2010)(Reference 15.209)

I.17 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA

(OCT 2010)(Reference 15.408)

I.18 52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA--

MODIFICATIONS (OCT 2010)(Reference 15.408)

I.19 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)

(Reference 15.408)

I.20 52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA--MODIFICATIONS

(OCT 2010)(Reference 15.408)

I.21 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)

(Reference 15.408)

I.22 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS

(PRB) OTHER THAN PENSIONS (JUL 2005)(Reference 15.408)

Page - 19

I.23 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER

THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)

(Reference 15.408)

I.24 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003)

(Reference 19.508)

I.25 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2011)

(Reference 19.708)

I.26 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (APR 2009)

(Reference 19.308)

I.27 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

(Reference 22.103-5)

I.28 52.222-3 CONVICT LABOR (JUN 2003)

(Reference 22.202)

I.29 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME

COMPENSATION (JUL 2005)

(Reference 22.305)

I.30 52.222-6 DAVIS-BACON ACT (JUL 2005)

(Reference 22.407)

I.31 52.222-7 WITHHOLDING OF FUNDS (FEB 1988)

(Reference 22.407)

I.32 52.222-8 PAYROLLS AND BASIC RECORDS (JUN 2010)

(Reference 22.407)

I.33 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

(Reference 22.407)

I.34 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

(Reference 22.407)

I.35 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (JUL 2005)

(Reference 22.407)

I.36 52.222-12 CONTRACT TERMINATION--DEBARMENT (FEB 1988)

(Reference 22.407)

I.37 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB

1988) (Reference 22.407)

I.38 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

(Reference 22.407)

I.39 52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988)

(Reference 22.407)

I.40 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

(Reference 22.810)

I.41 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

(Reference 22.810)

Page - 20

I.42 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION

(FEB 1999)

(Reference 22.810)

I.43 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. [SEP 2010]

(Reference 22.1310)

I.44 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010

(Reference 22.1408)

I.45 52.222-37 EMPLOYMENT REPORTS VETERANS (SEP 2010)

(Reference 22.1310)

I.46 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

(Reference 22.1705)

I.47 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

(Reference 22.1803)

I.48 52.223-3 I HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

(JAN 1997)-- ALTERNATE I (JUL 1995)

(Reference 23.303)

I.49 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

(Reference 23.505)

I.50 52.223-14 {52.223-14} [RESERVED]

(Reference)

I.51 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)

(Reference 23.206)

I.52 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

(Reference 25.1103)

I.53 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

(Reference 27.201-2)

I.54 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (DEC 2007)

(Reference 27.201-2)

I.55 52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

(Reference 27.201-2)

I.56 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

(Reference 28.106-4)

I.57 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(Reference 28.310)

I.58 52.228-11 PLEDGES OF ASSETS (SEP 2009)

(Reference 28.203-6)

I.59 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (OCT 1995)

(Reference 28.106-4)

I.60 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)

(Reference 28.102-3)

I.61 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)

Page - 21

(Reference 29.401-3)

I.62 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002)

(Reference 32.111)

I.63 52.232-17 INTEREST (OCT 2010)

(Reference 32.611)

I.64 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

(Reference 32.806)

I.65 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)

(Reference 32.908)

I.66 52.233-1 DISPUTES (JUL 2002)

(Reference 33.215)

I.67 52.233-3 PROTEST AFTER AWARD (AUG 1996)

(Reference 33.106)

I.68 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

(Reference 33.215)

I.69 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

(Reference 36.502)

I.70 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

(Reference 36.503)

I.71 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

(Reference 36.505)

I.72 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

(Reference 36.506)

I.73 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

(Reference 36.507)

I.74 52.236-8 OTHER CONTRACTS (APR 1984)

(Reference 36.508)

I.75 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS (APR 1984)

(Reference 36.509)

I.76 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

(Reference 36.510)

I.77 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

(Reference 36.511)

I.78 52.236-12 CLEANING UP (APR 1984)

(Reference 36.512)

I.79 52.236-13 ACCIDENT PREVENTION (NOV 1991)

(Reference 36.513)

I.80 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

(Reference 36.514)

I.81 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

Page - 22

(Reference 36.515)

I.82 52.236-17 LAYOUT OF WORK (APR 1984)

(Reference 36.517)

I.83 52.236-19 ORGANIZATION AND DIRECTION OF THE WORK (APR 1984)

(Reference 36.519)

I.84 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

(Reference 36.521)

I.85 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

(Reference 36.522)

I.86 52.242-13 BANKRUPTCY (JUL 1995)

(Reference 42.903)

I.87 52.242-14 SUSPENSION OF WORK (APR 1984)

(Reference 42.1305)

I.88 52.243-4 CHANGES (JUN 2007)

(Reference 43.205)

I.89 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2010)

(Reference 44.403)

I.90 52.245-1 GOVERNMENT PROPERTY (AUG 2010)

(Reference 45.107)

I.91 52.245-9 USE AND CHARGES (AUG 2010)

(Reference 45.107)

I.92 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(Reference 46.710)

I.93 52.248-3 VALUE ENGINEERING--CONSTRUCTION (OCT 2010)

(Reference 48.202)

I.94 52.249-2 I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)

(MAY 2004)-- ALTERNATE I (SEP 1996)

(Reference 49.502)

I.95 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

(Reference 49.504)

I.96 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

(Reference 53.111)

I.97 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN

2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, as amended, and Federal Information Processing Standards Publication (FIPS PUB) Number 201, as amended.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

Page - 23

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of clause)

I.98 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

(End of Clause)

I.99 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The…