B.08 Amendment 3_Extend RFP and 2nd Question Set.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this modification is to answ er the 2nd question set for this solicitation, update the Proposal Submission Requirements, add FAR clause 52.247-58 and extend the proposal date to 12 August 2021 at 2:00 PM AKST.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 12

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 03-Aug-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W911KB21R0045

X 9B. DATED (SEE ITEM 11)

21-Jun-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

30-Jul-2021

CODE

U.S. ARMY ENGINEER DISTRICT, AK

CEPOA-CT (W911KB)

PO BOX 6898

JBER AK 99506-0898

W911KB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

X 1

W911KB21R0045

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 11 00 - STANDARD FORM (SF) 1442

The required response date/time has changed from 05-Aug-2021 02:00 PM to 12-Aug-2021 02:00 PM.

SECTION 00 21 00 - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

The following have been added by full text:

SECONDARY QUESTION SET

Question Set 2

1. Would you please clarify the answer for question and answers number18(j) RFP pg#NA below?

A 10 ton GVW truck seems to be an unrealistic limitation.

Does the base have weight restrictions on roads adjacent to the stock pile locations?

ANSWER: No trucks larger than 10 tons can be used to haul stockpile material on base. There is potential for rutting in the long term stockpile area which the contractor is required to promptly address.

ANSWER: There are no load restrictions; however, only tractor-trailers or smaller sized vehicles may be used (no Rock Trucks).

2(a) Is there a maximum file size for submission of this proposal response?

ANSWER: No. If your file is greater than 10MB you may utilize DoDSAFE. If you wish to utilize DoDSAFE you must send a file drop-off request to michelle.shoshone@usace.army.mil no later than 2:00 PM Alaska Standard Time on 10 August, 2021.

DoDSAFE Instructions for Proposal Documents Greater than 10MB Note: DoDSAFE allows up to 25 files to be submitted into a single “Drop” and the maximum files size per drop is 4,096MB or 4.096 GB. If multiple drops are necessary, please identify in the “Short note to the recipients” block how many drops are being used. For example, email #1 of 2, email #2 of 2, etc…

If Contractor has a Common Access Card:

1. Proceed to website: https://safe.apps.mil/

2. Click on the Drop-off icon.

3. Add contracting specialist and contracting officer names and email addresses in the “Add Recipients” window.

4. Add files as shown on screen by “Click to Add Files or Drag Them Here”

5. Once added files show up on screen, click on “Drop-off Files”

6. Confirm the message that the files do NOT contain classified information by clicking

“OK”

7. Once uploaded, the screen will show a message with “Drop-Off Completed, Your files have been sent successfully”

8. Save a copy of this screen as it will show the date and time the files were submitted into DoD Safe.

If a Contractor does not have a Common Access Card:

1. A minimum of 3 calendar days, email the contract specialist and the contracting officer identified in the solicitation the name and email address of the person who will be uploading the files into DoD Safe.

a. If the contractor believes they will need more than one drop based on the bold “Note” above, then please let the specialist know so that he send the appropriate number of drop request.

2. The contracting specialist will send “Request a Drop-off” email which allows the contractor to upload their proposal files.

3. The person identified in step 1 will receive an email from NoReplyTo@mail.mil that states:

“This is a request from SHOSHONE.MICHELLE.LEANN of USARMY.”

Please click on the link below and drop off the file or files I have requested.

The link is only valid for 14 days from the time of this email…”

4. The contractor clicks on the link or copies the link to their web browser.

5. Contractor should add the Contracting Officer to the “To” line by clicking the green + sign.

6. Add files as shown on screen by “Click to Add Files or Drag Them Here”

7. Once added files show up on screen, click on “Drop-off Files”

8. Confirm the message that the files do NOT contain classified information by clicking

“OK”

9. Once uploaded, the screen will show a message with “Drop-Off Completed, Your files have been sent successfully”

10. Save a copy of this screen as it will show the date and time the files were submitted into DoD Safe.

2(b) Can the government confirm that offerors are to submit all factors and supporting legal documentation in 1 single PDF?

ANSWER: Yes a single PDF is preferred but not required.

2(c) Reference: Amendment 2, Question 14(l) – the government states that representations and certifications are required to be submitted with the proposal. Can the government clarify where in the proposal response the reps and certs are to be placed, before Factors 1-5 or after?

ANSWER: After

2(d) Can the government please confirm that offerors are request to submit the SF 33s and SF30s within their proposal response? (if yes please see the following)

ANSWER:

2(d)(1)Can the government please confirm that submission of the SF 33 and SF 30s will be outside any page limitations?

ANSWER: Yes

2(d)(2)Can the government please clarify where in the submission the SF 33 and SF 30 should be placed, before Factors 1 – 5 or after?

ANSWER: After

Please Note: Refer to box 11(a), 11(b) and 11(c) on the first page of the amendment. Any of these methods of acknowledgment of the amendments is acceptable.

2(e) Reference: Amendment 2, Question 14(k) - can the government please clarify where in the submission the adequacy checklist should be placed, before or after Factors 1- 5?

ANSWER: After

3) The Comprehensive Characterization Report (AFCEC 2012); should the date on this report be 2021? I don’t have a report dated 2012.

ANSWER: Yes it should be 2021.

4) On the beta.sam it states that “To request GFI, email michelle.shoshone@usace.army.mil for DoDSafe link for GFI no later than 2 August 2021 at 2:00 PM Alaska Standard Time.” However, in Amendment 2 the government issued a response to question 14(h) that states the following.

“Refer to Section 00 22 11 Proposal Submission Requirements. Proposals shall be submitted via email to michelle.shoshone@usace.army.mil and timothy.l.clapp@usace.army.mil” Can the government please clarify if offerors are to submit the proposal via a DOD SAFE link or email submission.

ANSWER: Proposals may be submitted via email to michelle.shoshone@usace.army.mil and timothy.l.clapp@usace.army.mil . If your file exceeds 10MB refer to question 2(a).

5(a) For the weight limit of 10 tons is that the capacity of the transport vehicle or the total weight of the load and the transport vehicle.

ANSWER: There are no load restrictions; however, only tractor-trailers or smaller sized vehicles may be used (no Rock Trucks).

5(b) Is there a separate gate for truck inspection/access other than the main gate area.

ANSWER: No, only entrance, at this time, is Hersey Gate (front gate).

5(c) Please clarify whether leachate collection systems are a requirement for both RCRA Subtitle C and D landfills or only Subtitle D landfills as a part of this solicitation.

ANSWER: Both. Subtitle C landfills are required by regulation to have a leachate collection system and a Subtitle D landfill with a leachate collection system is an acceptable alternative.

6(a) Is a rail loading area available for use as a part of this project?

ANSWER: See Attachment 1, “Environmental Usage of Railroad Transportation Requirements” dated 28 July 2021. Spruce lake is located north of Landfill #3 near the intersection of Industrial Drive and Quarry Road.

6(b) Assuming a rail siding is available for this project can you please confirm its location in relation to the stockpile staging area? If possible please provide a figure showing the location.

ANSWER: See Attachment 1, “Environmental Usage of Railroad Transportation Requirements” dated 28 July 2021.

6(c)How many cars can be put on the rail siding at once?

ANSWER: See Attachment 1, “Environmental Usage of Railroad Transportation Requirements” dated 28 July 2021.

6(d) Due to the forthcoming amendment on July 28th, would the District consider granting an extension to the due date?

ANSWER: Yes. RFP is extended to 12 August 2021 at 2:00 PM AKST.

7(a) In Factor 2 Staffing plan the government requests for offeror to submit a Senior Environmental Scientist/Engineer and Physical Scientist (Chemist). However, in Amendment 2 the government removed the sampling and analysis scope which would require these two positions. As such, are offeror still required to pose personnel these two roles though there is not scope of work that would require them currently?

ANSWER: Elimination of post stockpile sampling has significantly reduced the need for these positions. However, the Senior Environmental Scientist/Engineer may still be utilized at a lower level of effort to draft the transport/disposal plan, prepare waste manifests, and coordinate with the disposal facility. Requirement for Physical Scientist (Chemist) has been removed.

7(b) 5.7 Geospatial Data Deliverable requirements – this is typically required when samples are taken. What GPS points are required? Is it only the footprint of the contaminated stockpile? Are GPS points required for the location of noncontaminated stockpiles and where they are transported to on base?

ANSWER: This requirement is no longer pertinent due to elimination of post stockpile sampling.

7(c) In Amendment 2, Q&A 9) it states ANSWER: GFI provided 30 June 21. EIE 365 is currently located at Contingency Area E. Updated figure provided in GFI supplemental data.

After searching the current documents provides on beta.sam there was no GFI provided. Can the government please clarify where this GFI was released and/or provide this GFI?

ANSWER: The Firm that asked this question requested GFI which was provided 30 June 21.

8. Regarding the hydroseed of the clean soils at EIE, CLINS 0003 and 0006. What depth would you like at the final location?

4” depth= 263,000sf 8” depth= 130,500sf 12” depth= 87,000sf

ANSWER: Assume an 8 inch depth for the placement of clean soil.

QUESTION SET 2

ATTACHMENT 1

ENVIRONMENTAL USAGE OF RAILROAD TRANSPORTATION REQUIREMENTS

28 JULY 2021

1. Reference: UFC 4‐860‐3, Railroad Track Maintenance and Safety Standards

2. Other appropriate regulations for safety in/around utility lines, fuel lines and storage, streets, etc.

3. Maximum gross weight per car – 263,000 lbs and Balanced Loads. The Government (Coal and Rail section) is not responsible for, nor has the capability to weigh loaded cars. Contractor bears responsibility to ensure cars are not overloaded.

4. Cars dropped on inbound (the commissary siding) by Alaska Railroad.

5. Government available as below to spot (move) cars seven (7) days per week.

6. Government will spot empty cars to contractor staging area from 1300 – 1500 daily.

7. Contractor loading can begin after Government railroad staff depart for the day (generally 1600 daily, though dependent on fuel car delivery schedules).

8. Cars must be loaded by Contractor and ready to move by 0600 the following morning, no exceptions.

9. Government will spot full cars to outbound and spot empty cars for filling – 0700 – 0900 daily.

10. In any offloading area, full cars must be ready for movement at 0600; however, Government may take up to three days (72 hours) from that 0600 time to actually move cars to outbound for pickup by Alaska Railroad.

11. Other times dependent on available resources, contractor shall not assume anything other than the above hours.

12. Staging areas must be prepared and utilized such that loading activities have no impact on rail bed, ties or rail. Staging area pad must be level and stable, able to support the given equipment wheel loads. Absolutely no driving on rail bed, ties or ballast except at constructed (street) crossing areas. Contractor to furnish all materials necessary to construct off‐loading pads and access to these locations.

13. There are several loading locations adjacent to rail available to contractors with space for differing number of cars; all requests must be submitted for Government review and approval (i.e., Eielson 354 CES) including details of improvements, restoration of work at completion of use, safety and other appropriate information a minimum of 30 days prior to first usage.

14. “Commissary Siding” from Kodiak Street to Division Street may be used to hold empty cars (no more than 30 cars) awaiting loading, but contractor must wait until all cars staged in this area are loaded before all are moved at once to outbound.

15. Spruce Lake is also available for 5 cars. Potential for E‐2 bulk storage area, which would hold about 6 cars.

16. The Government (Coal and Rail Section) is not liable for load securing. This is the Contractor’s responsibility.

17. Start of season will be approximately 15 April.

18. Spotting of gondola and/or contractor utilized cars will end for the season when the snow sticks to the ground or approximately 15 October. The primary mission at Coal and Rail is to load coal for the CHPP; therefore, the Government will not support additional car movement after snow “sticking” except to finish the loaded cars that are currently on base at time of snow sticking.

SECTION 00 22 11 - PROPOSAL SUBMISSION REQUIREMENTS (ONE STEP, DB)

The following have been modified:

LPTA REQS & EVAL CRITERIA

Proposal Submission Requirements and Basis of Contract Award

REVISED ON AMENDMENT 3

Disposal of PFAS Contaminated Soil Stockpiles EIE379, EIE385, EIE389, EIE377, EIE388, and EIE365

Eielson Air Force Base, Alaska

This is a “Lowest Price Technically Acceptable (LPTA)” solicitation. The Government will evaluate the proposals in accordance with the criteria described herein and award a single firm-fixed price contract to the responsible Offeror whose proposal is determined to represent the LPTA proposal. Award will be made on the basis of the lowest evaluated price of those proposals that are deemed Acceptable. Proposals receiving an “Unacceptable” rating in any of the evaluation factors will be excluded from consideration for award.

The evaluation factors for this action are:

TECHNICAL PROPOSAL

Factor Description Relative Importance

Factor 1 Technical Approach Acceptable/Unacceptable

Factor 2 Staffing Plan Acceptable/Unacceptable

Factor 3 Relevant Experience Acceptable/Unacceptable

Factor 4 Milestone & Time Schedule Acceptable/Unacceptable

Adjective Ratings: The following adjective ratings will be used in the evaluation of Factor 1 (Technical Approach), Factor 2 (Staffing Plan), Factor 3 (Relevant Experience), and Factor 4 (Milestone & Time Schedule).

Acceptable (A): The proposal clearly meets the minimum requirements of the solicitation.

Unacceptable (U): The proposal does not clearly meet the minimum requirements of the solicitation.

PRICE PROPOSAL

Factor Description Relative Importance

Factor 5 Price (Cost) Proposal *Lowest Price *EVALUATION OF OPTIONS: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the base requirements. Evaluation of options will not obligate the Government to exercise the option(s).

PROPOSAL EVALUATION CRITERIA

Proposals will be evaluated in accordance with the selection criteria below.

Technical Proposal

The Contractor should prepare their proposal based on information provided in the solicitation documents. The proposal will be evaluated by comparing it to the Performance Work Statement (PWS), the Contractor's presented approach, and methods described below.

Factor 1: Technical Approach. Submit a Technical Approach that describes the manpower, equipment, and methods to be used in the containerization, transportation, disposal, and site restoration of previously excavated soils at Eielson Air Force Base (AFB), AK. The Technical Approach description shall be no longer than four (4) pages in length, with Offerors specifically addressing the following criteria in their submitted plan:

Description of the overall approach to transport and dispose of PFAS contaminated soil from the site to an RCRA approved Subtitle C or D landfill (with leachate collection system) to include the allocation and management of resources, schedule, deliverable tracking, and compliance and client correspondence.

Description of the overall technical approach that will be used to address each task identified in the PWS including site restoration, placement of clean soil, post stockpile removal sampling, data evaluation, and comparison with existing data.

Identification of potential risks working at Eielson AFB that may impact project schedule, budget, quality, safety, overall success, and describe the process to be used for implementing measures to avoid these risks.

Discussion of the contents of the required submittals and their associated quality requirements.

Description of any limiting factors.

Discussion of all technical approach assumptions.

Note: Offerors shall reference the following document: AFCEC. 2021. Draft Stockpile Characterization Report PFOA and PFOS and Comingled PFOA/PFOS and Petroleum F 35 Soil Stockpile Characterization Sampling. May.

The Government will evaluate the Offeror’s proposed Technical Approach to determine if the plan is consistent with the requirements of the PWS. The evaluation standard has been met when the contractor demonstrates a Technical Approach that is feasible and clearly details the Offeror’s understanding of the requirements and how the project will be executed (by completely addressing each task in the PWS).

A Technical Approach that does not fully address the requirements of this PWS; does not demonstrate a clear understanding of the requirements of the PWS; simply repeats the requirements of the PWS without discussing the method of performance; or includes claims or language that is unsubstantiated or lacks relevance to this PWS shall be considered technically unacceptable. The inclusion of numerous assumptions that significantly “assume away” contractor risk with regard to major issues or problems that may be encountered on the project will be considered unacceptable.

Factor 2: Staffing Plan. Submit a Staffing Plan that describes how the Contract will be staffed to execute the requirements of the PWS. The Staffing Plan shall be no longer than three (3) pages in length, with Offerors specifically addressing the following:

Identification of Key Personnel with experience working at AK Air Force Installations that will be used to meet the requirements of this PWS. Key Personnel shall include:

- Project manager with a minimum of 6 years of experience that will be used to meet the requirements of this PWS.

- Senior Environmental Scientist/Engineer with a minimum of 5 years of experience working on waste disposal projects to meet the requirements of this PWS. Must meet or exceed ADEC requirements for qualified sampler.

- Physical Scientist (Chemist) with a minimum of 5 years of experience working on similar projects conducting data evaluation, laboratory coordination, and Quality Control and Quality Assurance data reviews that will be used to meet the requirements of this PWS.

REVISED ON AMENDMENT 3

Provide an Organizational Chart clearly identifying the roles, responsibilities, lines of communications for the key personnel, teaming partners, and subcontractors. Describe how the key personnel and teaming partners will be integrated to successfully complete the PWS objectives.

The Offeror’s ability and approach to obtain additional resources that may be required to meet the requirements of this PWS.

Key Personnel shall have experience researching and conducting compliance work pertaining to State of Alaska and Federal Regulatory requirements of waste characterization, waste profiling/manifesting, waste transport/disposal, soil sampling, and laboratory data evaluation.

The Government will evaluate the Offeror’s proposed Staffing Plan to determine if the plan is consistent with the requirements of the PWS. The evaluation standard has been met when the contractor demonstrates a Staffing Plan that describes the qualifications of key personnel and subcontractors, discusses how they will be utilized to complete each task in the PWS, and details how additional resources can be obtained to achieve PWS requirements.

A Staffing Plan that does not address the requirements of this PWS shall be considered technically unacceptable.

Factor 3: Relevant Experience Recent and relevant experience shall be no longer than (4) pages in length. The Contractor shall demonstrate recent and relevant specialized experience and technical competence as follows:

Five or more years of substantive experience in conducting compliance work pertaining to State of Alaska and Federal Regulatory requirements for waste characterization, contaminated soil disposal, hazardous waste disposal, transportation, waste profiling and manifesting, soil sampling, and laboratory data evaluation.

The contractor shall provide examples of at least four past projects of similar size, scope and complexity that best demonstrate the above qualifications for each of the items listed above.

Submit projects that are at least 50% complete or were completed within the past seven (7) years.

The example project summaries shall be limited to a single page each. The example project summaries shall identify:

• Title and location of the project

• Total cost of the project

• Brief description of the project and relevance to this contract

• Dates of project performance

• Firms involved in the project

• Key personnel (identified in Factor 2) who participated in the project The Government will utilize the example projects summary to evaluate the capability and past experience as a basis for comparing offerors. The evaluation standard has been met when the contractor demonstrates successful past experience with projects of similar magnitude and comparable logistical or regulatory complexity in at least three (3) projects. Relevant experience that does not meet this requirement shall be considered technically unacceptable.

Factor 4: Milestone Schedule and Time Schedule. Provide a Performance Based Milestone Chart and Time Schedule for the work that would be performed under this Contract. The Milestone Schedule and Time Schedule shall also indicate the date the Contractor’s Key Personnel and other employees as well as subcontractor employees are available to begin executing the required activities.

The evaluation standard has been met when the contractor’s schedule details activities and project milestones that are consistent with the proposed technical approach within the proposed period of performance. A schedule that is not consistent with the proposed technical approach and/or does not achieve project completion within the proposed period of performance will be rated as unacceptable.

Factor 5: Price Proposal (Cost Proposal)

Submit a properly completed Proposal CLIN Schedule, containing proposed line item and total pricing. For unit price items, ensure the unit multiplied by the unit price equals the extended price exactly.

Price will be determined by the total price presented in the Proposal CLIN Schedule, will not be rated or scored, but will be evaluated for fairness and reasonableness through the use of a price analysis. The price evaluators will also check for appearance of unbalanced line item prices. Offerors are cautioned to distribute direct costs, such as material, labor, equipment, subcontracts, etc. and to evenly distribute indirect costs, such as job overhead, home office overhead, bond, etc., to the appropriate contract line items. The Government and contractor shall presume that field overhead costs through the proposed contract duration are inclusive in the offered price for the contract. If deemed necessary, the supplemental price breakdown information will be requested and used to assist the Government in performing the price evaluations described above.

EVALUATION OF OFFERS

1. AWARD: Award will be made in accordance with RFP proposal submission requirements and basis for award.

2. INCOMPLETE OFFERS: Failure to submit an offer on all items in the schedule constitutes an incomplete offer. Incomplete offers may be rejected. Lump sum or unit prices must be shown for each item within the schedule.

3. EXTENSIONS: All extensions of the unit prices shown will be subject to verification by the Government in case of variation between the unit price and the extension, the unit price will be considered to be the offer.

SECTION 00 72 00 - CONTRACT CLAUSES

The following have been added by full text:

52.247-58 LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS (APR 1984)

(a) Upon receipt of shipping instructions, as provided in this contract, the supplies to be included in any carload shipment by rail shall be loaded, blocked, and braced by the Contractor in accordance with the standards published by the Association of American Railroads and effective at the time of shipment.

(b) Shipments, for which the Association of American Railroads has published no such standards, shall be loaded, blocked, and braced in accordance with standards established by the shipper as evidenced by written acceptance of an authorized representative of the carrier.

(c) The Contractor shall be liable for payment of any damage to any supplies caused by the failure to load, block, and brace in accordance with acceptable standards set forth herein.

(d) A copy of the appropriate pamphlet of the Association of American Railroads may be obtained from that Association.

(End of clause)

The following were previously included by reference and are now included by full text:

52.246-25 LIMITATION OF LIABILITY--SERVICES (FEB 1997)

(a) Except as provided in paragraphs (b) and (c) below, and except to the extent that the Contractor is expressly responsible under this contract for deficiencies in the services required to be performed under it (including any materials furnished in conjunction with those services), the Contractor shall not be liable for loss of or damage to property of the Government that (1) occurs after Government acceptance of services performed under this contract, and (2) results from any defects or deficiencies in the services performed or materials furnished.

(b) The limitation of liability under paragraph (a) above shall not apply when a defect or deficiency in, or the Government's acceptance of, services performed or materials furnished results from willful misconduct or lack of good faith on the part of any of the Contractor's managerial personnel. The term "Contractor's managerial personnel," as used in this clause, means the Contractor's directors, officers, and any of the Contractor's managers, superintendents, or equivalent representatives who have supervision or direction of--

(1) All or substantially all of the Contractor's business;

(2) All or substantially all of the Contractor's operations at any one plant, laboratory, or separate location at which the contract is being performed; or

(3) A separate and complete major industrial operation connected with the performance of this contract.

(c) If the Contractor carries insurance, or has established a reserve for self-insurance, covering liability for loss or damage suffered by the Government through the Contractor's performance of services or furnishing of materials under this contract, the Contractor shall be liable to the Government, to the extent of such insurance or reserve, for loss of or damage to property of the Government occurring after Government acceptance of, and resulting from any defects and deficiencies in, services performed or materials furnished under this contract.

(End of clause)

(End of Summary of Changes)