09-R-0007-0001 Amendment 1 - SF30.pdf

Spec. No. 1628

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

The purpose of this amendment is as follow s:

1) Incorporate revisions in the Specifications and Section 00111, Paragraph 4.2, Contents of Price Proposal (Attachments 2 and 6) the analysis for Uranium; 2) Incorporate Attachments 3-5 and 7-8 in response to bidders inquiry 3) Correct sheet C-0002 and Sheet C-0003;

4) Revise specifications- all changes are identif iable by a change bar; 5) Correct government acceptance period to reflect 60 days in the notes to the pricing schedule; 6) Incorporate local clause 52.0236-4901 and modify the format of the local clauses ; 7) Delete CLIN 0007 and change verbiage in CLIN 0003

1. CONTRACT ID CODE PAGE OF PAGES

J

FAR (48 CFR) 53.243

1 14

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

16C. DATE SIGNED

BY 08-Jan-2009

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 W91238-09-R-0007

X 9B. DATED (SEE ITEM 11)

05-Dec-2008

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 is extended, X 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 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

08-Jan-2009

CODE

USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J STREET-ROOM 878

SACRAMENTO CA 95814-2922

W91238 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W91238-09-R-0007

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

CLIN 0003

The CLIN extended description has changed from Condition assessment and TV (television video inspection) the waterline from Well 5 to Well 8 and produce a report that documents the findings to Condition assessment and TV (television video inspection) the waterline from Well 5 to the covered reservoir and produce a report that documents the findings..

CLIN 0007

The CLIN description has changed from SIAD LONG TERM STORAGE AREA to AMENDMENT 0001

DELETES CLIN 0007.

The CLIN extended description has changed from Evaluate and price utilizing drinking water treatment plants’ wastewater for dust suppression for the SIAD Long Term Storage Area. Existing lines would be utilized and plumbed as needed. Drinking water would need to be provided to buildings in the Special Weapons Area utilizing small reverse osmosis systems at Buildings 670, 671 and 672 to THIS CLIN IS DELETED WITH AMENDMENT 0001.

The pricing detail quantity has decreased by 1.00 from 1.00 to 0.00.

DELIVERIES AND PERFORMANCE

The following Delivery Schedule Item has been deleted from CLIN 0007:

DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

540 dys. ADC 1 SIERRA ARMY DEPOT

KEITH BYRD BLDG 75

COMMANDER ATTN: SMASI-PW

HERLONG CA 96113

530/827-4130 FOB: Destination

TABLE OF CONTENTS

The Table of Contents has changed from:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 General Wage Decision 31-OCT-2008 Attachment 2 Specification 25-NOV-2008 to:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 General Wage Decision 31-OCT-2008 Attachment 2 Specification, Revision 1 261 08-JAN-2009 Attachment 3 Uranium-CDPH 9 24-SEP-2008 Attachment 4 Sheet C-0002 1 16-DEC-2008 Attachment 5 Sheet C-0003 1 16-DEC-2008 Attachment 6 Section 00111 - Revision

50 30-DEC-2008

Attachment 7 Well 8 Information 10 27-APR-2008 Attachment 8 Manufacturer's Data -

Pump

1 08-JAN-2009

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been added by full text:

52.0236-4901

PARTNERING (SPK LOCAL SCR DATED MAR 1992)

The Government intends to encourage the foundation of a cohesive partnership with the Contractor and its subcontractors. This partnership will be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives are effective and efficient contract performance and intended to achieve completion within budget, on schedule, and in accordance with plans and specifications. This partnership would be bilateral in makeup, and participation will be totally voluntary. Any costs associated with effectuating this partnership will be agreed to by both parties and will be shared equally with no change in contract price. To implement this partnership initiative it is anticipated that within 60 days of Notice to Proceed the Contractor's on-site project manager and the Government's Resident Engineer would attend a one or two-day partnership development seminar/team building workshop together with the Contractor's key on-site staff and key Government personnel. Follow-up workshops of 1 or 2 days duration would be held periodically throughout the duration of the contract as agreed to by the Contractor and the Government.

The following have been modified:

LOCAL CLAUSES

52.231-5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (EFARS CLAUSE

DATED MAR 1995)

(a) This statement shall become operative only for negotiated contracts where cost or pricing data is requested, and for modifications to sealed bid or negotiated contracts where cost or pricing data is requested. This clause does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals, and FAR Part 49.

(b) Allowable cost for CONSTRUCTION and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, CONSTRUCTION Equipment Ownership and Operating Expense Schedule, Region VII. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36.

Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

NOTE 1: EP 1110-1-8 is available on the Internet at the following location:

http://www.usace.army.mil/inet/usace-docs/eng-pamphlets NOTE 2: Standard Form 1411 is no longer a current form. The Contracting Officer may require submission of cost or pricing data in the format indicated in Table 15-2 of FAR 15.408, specify an alternative format, or permit submission in the contractor’s format. Information other than cost or pricing data may be submitted in the contractor’s own format unless the use of a specific format is prescribed elsewhere in this contract.

52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS (EFARS CLAUSE DATED DEC

1995)

Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under FAR 49.206-2(b). In evaluating a termination settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:

(1) Actual costs for each piece of equipment or groups of similar serial or series equipment need not be available in the Contractor's accounting records to determine total actual equipment costs.

(2) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

(3) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

(4) Ownership costs (depreciation) will be determined using the Contractor's depreciation schedule (subject to the provisions of FAR 31.205-11).

(5) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the Contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

52.204-4003 SECURITY REQUIREMENTS FOR UNCLASSIFIED CONTRACTS (EFARS CLAUSE

DATED MAR 2003)

a. All Contractor employees (U.S. citizens and Non- U.S. citizens) working under this contract (to include grants, cooperative agreements and task orders) who require access to Automated Information Systems (AIS), (stand alone computers, network computers/systems, e-mail) shall, at a minimum, be designated into an ADP-III position (non-sensitive) in accordance with DoD 5220-22-R, Industrial Security Regulation. The investigative requirements for an ADP-III position are a favorable National Agency Check (NAC), SF-85P, Public Trust Position.

b. The contractor shall have each applicable employee complete a SF-85P and submit to the Sacramento District Security Officer within three (3) working days after award of any contract or task order, and shall be submitted prior to the individual being permitted access to an AIS. Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance through the Defense Security Service shall process the NACs and forward visit requests/results of NAC to the Sacramento District Security Officer. For those contractors that do not have a CAGE Code or Facility Security Clearance, the Sacramento District Security Office will process the investigation in coordination with the Contractor and contract employees.

c. In accordance with Engineering Regulation, ER 380-1-18, Section 4, foreign nationals who work on Corps of Engineers’ contracts or task orders shall be approved by the HQUSACE Foreign Disclosure Officer or higher before beginning work on the contract/task order. This regulation includes subcontractor employees. (NOTE: exceptions to the above requirement include foreign nationals who perform janitorial and/or ground maintenance services.) The contractor shall submit to the Sacramento District Contract Office, the names of all foreign nationals proposed for performance under this contract/task order, along with documentation to verify that he/she was legally admitted into the United States and has authority to work and/or go to school in the US. Such documentation may include a US passport, Certificate of US citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), foreign passport with I-551 stamp or attached INS Form I-94 indicating employment authorization, Alien Registration Receipt Card with photograph (INS Form I-151 or I-551), Temporary Resident Card (INS Form I-688), Employment Authorization Card (INS Form I-688A), Reentry Permit (INS Form I-327), Refugee Travel Document (INS Form I-571), Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B).

d. The address and telephone number for the Sacramento District Security Officer is as follows:

U.S. Army Engineer District, Sacramento Attn: Security Officer (CESPK-DE-S) 1325 J Street Sacramento, CA 95814-2922 Tel: (916) 557-6920

e. All transmittals of documentation and other information pertaining to this requirement must be marked with the applicable contract, grant, agreement, and/or task order number and the name of the contracting officer.

Additionally, the contracting officer must be notified in writing whenever a SF 85P has been submitted to the Security Officer for processing.

52.204-4004 EMPLOYEE IDENTIFICATION AND FINGERPRINTS (SPK LOCAL SCR DATED MAY

2003)

If employee identification is required for security or other reasons, the Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work to display such identification as may be approved and directed by the Contracting Officer. All prescribed identification shall immediately be delivered to the Contracting Officer, for cancellation upon the release of any employee. When required by the Contracting Officer, the Contractor shall obtain and submit fingerprints of all persons employed or to be employed on the project.

52.0211-4851 SPECIAL CONSTRUCTION PROCEDURES (SPK LOCAL SCR DATED OCT 1992)

The Contractor's attention is also directed to Section 01 50 05: GENERAL REQUIREMENTS, paragraph:

SPECIAL CONSTRUCTION PROCEDURES.

52.0211.4853 WORK DAYS AND HOURS (SPK LOCAL SCR DATED DEC 2006)

a. Federal law (5 U.S.C. 6103) establishes the following public holidays for Federal employees. When a holiday falls on a Saturday, the holiday is generally observed on the preceding Friday. When a holiday falls on a Sunday, the holiday is generally observed on the following Monday. Further information pertaining to Federal holidays is available at http://www.opm.gov/fedhol.

b. The normal work days and hours for this project will be Monday through Thursday, excluding the observation of federal holidays, from 6:30 a.m. to 5:00 p.m. Access to the work site may be restricted to these hours and days.

Work during other than normal hours and days must be coordinated in advance with the Administrative Contracting Officer.

52.0215-4101 ALTERNATE STRUCTURED APPROACH TO WEIGHTED GUIDELINE METHOD FOR

CONSTRUCTION CONTRACTS (EFARS 15.973-100, MAY 1995)

http://www.opm.gov/fedhol

The following alternate structured approach shall be used for all fixed-price construction contract actions.

Factor Rate Weight Value

Degree of risk 20 Relative difficulty of work 15 Size of job 15 Period of performance 15 Contractor's investment 5 Assistance by Government 5 Subcontracting 25

Total 100%

Based on the circumstances of the procurement action, each of the above factors shall be weighted from .03 to .12 as indicated below. “Value” shall be obtained by multiplying the rate by the weight. The Value column when totaled indicates the fair and reasonable profit percentage under the circumstances of the particular procurement.

The profit percentage should be multiplied by the total contract costs, including general and administrative costs.

(1) Degree of risk. Where the work involves no risk or the degree of risk is very small, the weighting should be .03; as the degree of risk increases, the weighting should be increased up to a maximum of .12. Lump sum items shall generally have a higher weight than unit price items; other things to consider include the nature of the work and where it is to be performed. Consider the portion of the work to be done by subcontractors, amount and type of labor included in costs, whether the negotiation is before or after performance of the work, etc. Modifications settled before the fact have much greater risk than those settled after the fact. A weight of .03 is appropriate for after the fact equitable adjustments and/or settlements.

(2) Relative Difficulty of Work: If the work is difficult and complex, the weight should be .12 and should be proportionately reduced to .03 on the simplest of jobs. This factor is tied in to some extent with the degree of risk.

Some other things to consider are the nature of the work, by whom it is to be done (i.e., subcontractors, consultants), what is the time schedule.

(3) Size of Job. Work of $100,000 or less shall be weighted at .12. Work estimated between $100,000 and $5,000,000 shall be proportionately weighted from .12 to .05. Work from $5,000,000 to $10,000,000 shall be weighted at .04. Work in excess of $10,000,000 shall be weighted at .03. It should be noted that control of fixed expenses generally improves with increased job magnitude.

(4) Period of Performance. Work not to exceed one month is to be proportionately weighted at .03. Durations between one month and 24 months are to be proportionately weighted between .03 and .12. Work in excess of 24 months is to be weighted at .12.

(5) Contractor's Investment. To be weighted from .03 to .12 on the basis of below average, average and above average. Things to consider include amount of subcontracting, Government-furnished property or data such as surveys, soil tests, method of making progress payments, and any mobilization payment items.

(6) Assistance by Government. To be weighted from .12 to .03 on the basis of average to above average.

Consider use of Government-owned property, equipment and facilities, and expediting assistance.

(7) Subcontracting. To be weighted inversely proportional to the amount of subcontracting. Where 80% or more of the work is to be subcontracted use .03. The weighting should be increased proportionately to .12 where all the work is performed by the contractor's own forces.

52.0219-4509 SUBCONTRACTING WITH SMALL, SMALL DISADVANTAGED AND WOMEN-

OWNED SMALL BUSINESSES (SPK LOCAL SCR DATED OCT 1999)

Contractors are cautioned that failure of any Contractor to comply in good faith with the contract clauses pertaining to (1) Utilization of Small Business Concerns or (2) Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plans, when applicable, will be a material breach of contract. In order to assist contractors in developing a source list of small, small disadvantaged and/or women-owned small business concerns you are encouraged to contact your minority contractor associates, the local Minority Business Development Agency and the appropriate General Business Service Centers in your Standard Metropolitan Statistical Area.

Contractors may obtain addresses of these sources from:

Write: US Army Engineer District, Sacramento ATTN: Deputy for Small Business 1325 J Street, 9th Floor Sacramento, California 95814-2922

Or Contact: Ms. Michelle Stratton Deputy for Small Business Telephone: (916) 557-7641

52.0223-4803 HAZARDOUS MATERIALS DELIVERED UNDER THIS CONTRACT (SPK LOCAL SCR

DATED MAY 1993)

(a) If any hazardous materials will be delivered under this contract (see Section 00600, FAR 52.223-3, and DFARS 252.223-7001), the Material Safety Data Sheets (MSDS) for locally purchased, nonstandard stock hazardous material will be submitted to the Corps of Engineers Contracting Officer or Contracting Officer's Representative. For all other materials, the MSDS will also be submitted to U.S. Army Environmental Hygiene Agency, ATTN: HSE-OI, Aberdeen Proving Grounds MD 21010.

(b) Hazardous material is defined in Federal Standard No. 313, sold by the General Services Administration Specifications Unit (3FBP-W), 7th & D Streets, SW, Washington DC 20407.

52.0228-4502 MINIMUM INSURANCE REQUIRED (SPK LOCAL SCR DATED APR 2008)

In accordance with FAR 52.228-5 and FAR 28.306, the contractor shall procure and thereafter maintain during the entire period of this performance under this contract the following minimum insurance.

TYPE AMOUNT

Worker's Compensation and Comply with Federal and State Employer's Liability worker's comp and occupational disease statutes.

Employer's liability of at least $100,000

General Liability Bodily injury liability of at (Comprehensive) least $500,000 per occurrence.

Automobile Liability (Comprehensive):

Bodily Injury At least $200,000 per person & and $500,000 per occurrence.

Property Damage At least $20,000 per occurrence.

Longshoremen's and Harbor Coverage complying with Worker's Compensation applicable Federal statute (33 (When applicable by location USC 901 et seq).

of contract performance)

52.0232-4501 INVOICES (SPK LOCAL SCR DATED SEP 2008 1991)

The Government shall pay the Contractor upon submission of proper invoices for supplies delivered and accepted or services rendered and accepted for the portion of work actually performed under this contract. Invoices will be submitted in accordance with DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

52.236-4001 AS-BUILT DRAWINGS (PROGRESS PAYMENT) (SPK LOCAL SCR DATED

OCT 1998)

One-half of one percent of construction award money shall be withheld until the final as-built drawings and CADD files are accepted by the Government.

52.0236-4581 AVAILABILITY OF UTILITIES SERVICES (SPK LOCAL SCR DATED APR 1992)

All reasonably required amounts of water, electricity, [fuel for testing], and other utilities essential to contract performance will be made available to the contractor at no cost to the contractor from existing systems, outlets and supplies. [Fuel furnished will be of the type required by the systems provided under this contract and shall be used only for the testing and operation of these systems.] All temporary connections, outlets and distribution lines, as may be required, shall be installed, maintained and removed by the Contractor at Contractor's expense; removal shall be before final acceptance of the work by the Government. The Contractor shall carefully conserve any utilities furnished without charge.

52.0236-4801 SALVAGE AND SCRAP GOVERNMENT PROPERTY (SPK LOCAL SCR DATED OCT

1993)

(a) "Government property" means all property owned by or leased to the Government or acquired by the Government under the terms of the contract. It includes both Government-furnished property and contractor-acquired property.

(b) "Salvage" means Government property in possession of a contractor, including subcontractors, that, because of its worn, damaged, deteriorated, or incomplete condition or specialized nature, has no reasonable prospect of sale or use as serviceable property without major repairs, but has some value in excess of its scrap value.

(c) "Scrap" means Government personal property that has no value except for its basic material content.

(d) In accordance with FAR 45.505-8 the Contractor shall maintain records of all scrap and salvage generated from this contract. The Contractor's records shall contain the following information:

(1) Contract Number

(2) Description of salvageable items or classification (material content) of scrap

(3) Quantity on hand

(e) The Contractor shall provide final accounting and disposition recommendations of all Government property not consumed in performing this contract or delivered to the Government including salvage and scrap. The Government will review the Contractor's records and shall cause correction if the Government disagrees with the classification of items as salvage or scrap. The Contractor shall dispose of the items as directed by the Contracting Officer. Items designated as scrap (agreed to by the Contracting Officer) shall be retained by the Contractor; its disposition shall be the responsibility of the Contractor. See Specification Section 01 50 05, paragraph entitled "Scrap Material". Items designated as salvageable items (agreed to by the Contracting Officer) shall be turned over to the Government.

SPK 36-4003 DESIGN-BUILD CONTRACT-ORDER OF PRECEDENCE (HND

AUG 1997)

(a) The contract includes the standard contract clauses and schedules current at the time of award. It also entails:

(1) the solicitation in its entirety, including all drawings, cuts and illustrations, and any amendments during proposal evaluation and selection, and (2) the successful Offeror’s accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any ways bears upon the terms of that agreement.

(b) In the event of conflict or inconsistency between any of the provisions of the various portions of this contract, precedence shall be given in the following order:

(1.) Betterments: Any portions of the Offeror’s proposal, which both meet and exceed the provisions of the solicitation.

(2.) The provisions of the solicitation (See also Contract Clause: SPECIFICATIONS AND DRAWINGS

FOR CONSTRUCTION).

(3.) All other provisions of the accepted proposal.

(4.) Any design products, including but not limited to plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are “deliverables” under the contract and are not part of the contract itself. Design products must conform to all provisions of the contract, in the order of precedence herein.

(End of Clause)

SPK 36-4004 PROPOSED BETTERMENTS (HND AUG 1997)

(a) The minimum requirements of the contract are identified in the Request for Proposal. All betterments offered in the proposal become a requirement of the awarded contract.

(b) A “Betterment” is defined as any component or system, which exceeds the minimum requirements, stated in the Request for Proposal. This includes all proposed betterments listed in accordance with the “Proposal Submission Requirements” of the Solicitation, and all Government identified betterments.

(c) “Government identified betterments” include the betterments identified on the “List of Accepted Project Betterments” prepared by the Proposal Evaluation Board and made part of the contract by alteration, and all other betterments identified in the accepted Proposal after award.

(End of Clause)

SPK 36-4005 KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR

CONSULTANTS (HND AUG 1997)

In connection with the services covered by this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to the individuals or firms that were specifically identified and agreed to during negotiations. The contractor shall obtain the Contracting Officer’s written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants.

(End of Clause)

SPK 36-4006 RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (HND MAY 2002)

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non-construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

(b) The standard of care for all design services performed under this agreement shall be the care and skill ordinarily used by members of the architectural or engineering professions practicing under similar conditions at the same time and locality. Notwithstanding the above, in the event that the contract specifies that portions of the Work be performed in accordance with a performance standard, the design services shall be performed so as to achieve such standards.

(c) Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contact shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of these services furnished under this contract.

(d) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(e) If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

(End of Clause)

SPK 36-4007 WARRANTY OF DESIGN (FIRM-FIXED PRICE DESIGN-BUILD CONTRACT) (HND

MAY 2002)

(a) The Contractor warrants that the design shall be performed in accordance with the Contract requirements.

Design and design related construction not conforming to the Contract requirements shall be corrected at no additional cost to the Government. The standard of care for design is defined in paragraph (b) of Special Contract Requirement “RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN”.

(b) The period of this warranty shall commence upon final completion and the Government’s acceptance of the work, or in the case of the Government’s beneficial occupancy of all or part of the work for its convenience, prior to final completion and acceptance, at the time of such occupancy.

(c) This design warranty shall be effective from the above event through the Statue of Limitations and Statute of Repose, as applicable to the state that the project is located in.

(d) The rights and remedies of the Government provided for under this clause are in addition to any other rights and remedies provided in this contract or by law.

(End of Clause)

SPK 36-4008 WARRANTY OF CONSTRUCTION WORK (HND AUG 1997)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (1) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of--

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, or workmanship.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause.

The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall--

(1) Obtain all warranties that would be given in normal commercial practice:

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

SPK 36-4009 SEQUENCE OF DESIGN-CONSTRUCTION (HND AUG 1997)

(a) After receipt of the Contract Notice to Proceed (NTP) the Contractor shall initiate design, comply with all design submission requirements as covered under Division 01 General Requirements, and obtain Government review of each submission. No construction may be started until the Government reviews the Final Design submission and determines it satisfactory for purposes of beginning construction. The ACO or COR will notify the Contractor when the design is cleared for construction. The Government will not grant any time extension for any design resubmittal required when, in the opinion of the ACO or COR, the initial submission failed to meet the minimum quality requirements as set forth in the Contract.

(b) If the Government allows the Contractor to proceed with limited construction based on pending minor revisions to the reviewed Final Design submission, no payment will be made for any in-place construction related to the pending revisions until they are completed, resubmitted and are satisfactory to the Government.

(c) No payment will be made for any in-place construction until all required submitttals have been made, reviewed and are satisfactory to the Government.

SPK 36-4010 SEQUENCE OF DESIGN-CONSTRUCTION (FAST TRACK) (HND UNDATED)

(a) After receipt of the Contract Notice to Proceed (NTP) the Contractor shall initiate design, comply with all design submission requirements as covered under Division 01 General Requirements, and obtain Government review of each submission. The contractor may begin construction on portions of the work for which the Government has reviewed the final design submission and has determined satisfactory for purposes of beginning construction. The ACO or COR will notify the Contractor when the design is cleared for construction. The Government will not grant any time extension for any design resubmittal required when, in the opinion of the ACO or COR, the initial submission failed to meet the minimum quality requirements as set forth in the Contract.

(b) If the Government allows the Contractor to proceed with limited construction based on pending minor revisions to the reviewed Final Design submission, no payment will be made for any in-place construction related to the pending revisions until they are completed, resubmitted and are satisfactory to the Government.

(c) No payment will be made for any in-place construction until all required submitttals have been made, reviewed and are satisfactory to the Government.

SPK 36-4011 CONSTRUCTOR’S ROLE DURING DESIGN (HND JUN 1998)

The Contractor’s construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the constructor’s involvement includes, but is not limited to actions such as: integrating the design schedule into the Master Schedule to maximize the effectiveness of fast-tracking design and construction (within the limits allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the construction QC program with the design QC program, and maintaining and providing the design team with accurate, up-to-date redline and as-built documentation. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

(End of Clause)

SPK 36-4012 RECOMMENDED INSURANCE COVERAGE (HND MAR 2002)

The Design-Build Contractor’s attention is invited to the contract requirements concerning “RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN”, “WARRANTY OF DESIGN” and “WARRANTY OF CONSTRUCTION WORK”. These requirements vest in the Contractor complete responsibility for the professional quality, technical accuracy, and coordination of all design, drawings, specifications and other work or materials furnish by his in-house or consultant forces. The Design-Build Contractor must correct and revise any errors or deficiencies in his work, notwithstanding any review, approval, acceptance or payment by the Government. The Contractor must correct and change any work resulting from his defective design at no additional cost to the Government. The requirements further stipulate that the Design-Build Contractor shall be liable to the Government for the damages to the Government caused by negligent performance. Though not a mandatory requirement, this is to recommend that the Design-Build Contractor investigate and obtain appropriate insurance coverage for such liability protection.

SPK 36K-4013 TRAINING (HND FEB 2000)

The Contractor shall provide operational and maintenance training for all systems furnished under this contract for the operating and maintenance personnel. The system manufacturer shall conduct the training, where feasible. All operation and maintenance manuals shall be submitted and approved prior to conducting the training and shall be used during training. The Contractor shall videotape the training session on VHS tapes and provide the tapes to the Government.

SPK 36-4014 DESIGN CONFERENCES (HND AUG 1997)

(a) Pre-Work: As part of the Pre-Work Conference conducted after contract award, key representatives of the Government and the Contractor will review the design submission and review procedures specified herein, discuss the preliminary design schedule and provisions for phase completion of the D-B documents with construction activities (fast tracking), as appropriate, meet with Corps of Engineers Design Review personnel and key Using Agency points of contact and any other appropriate pre-design discussion items.

(b) Design Charette: After award of the contract, the Contractor shall visit the site and conduct extensive interviews, and problem solving discussions with the individual users, base personnel, Corps of Engineers personnel to acquire all necessary site information, review user options, and discuss user needs. The Contractor shall document all discussions. The design shall be finalized as direct result of these meetings.

(c) Design Review Conferences: Review conferences will be held on base for each design submittal. The Contractor will bring the personnel that developed the design submittal to the review conference. The conferences will take place the week after the review is complete.

(End of Clause)

SPK 36-4015 VALUE ENGINEERING AFTER AWARD (HND JUNE 1999)

(a) In reference to Contract Clause 52.248-3, “Value Engineering – Construction”, the Government may refuse to entertain a “Value Engineering Change Proposal” (VECP) for those “performance oriented” aspects of the Solicitation documents which were addressed in the Contractor’s accepted contract proposal and which were evaluated in competition with other offerors for award of this contract.

(b) The Government may consider a VECP for those “prescriptive” aspects of the Solicitation documents, not addressed in the Contractor’s accepted contract proposal or addressed but evaluated only for minimum conformance with the Solicitation requirements.

(c) For purposes of this clause, the term “performance oriented” refers to those aspects of the design criteria or other contract requirements which allow the Offeror or Contractor certain latitude, choice of and flexibility to propose in its accepted contract offer a choice of design, technical approach, design solution, construction approach or other approach to fulfill the contract requirements. Such requirements generally tend to be expressed in terms of functions to be performed, performance required or essential physical characteristics, without dictating a specific process or specific design solution for achieving the desired result.

(d) In contrast, for purposes of this clause, the term “prescriptive” refers to those aspects of the design criteria or other Solicitation requirements wherein the Government expressed the design solution or other requirements in terms of specific materials, approaches, systems and/or processes to be used. Prescriptive aspects typically allow the Offerors little or no freedom in the choice of design approach, materials, fabrication techniques, methods of installation or other approach to fulfill the contract requirements.

SPK 36-4016 PARTNERING (HND FEB 2000)

In order to most effectively accomplish this contract, the Government proposes to form a partnership with the Contractor to develop a cohesive building team. It is anticipated that this partnership would involve the Sierra Army Depot, Department of Public Works, the Contractor, primary subcontractors and designers and the Corps of Engineers. This partnership would strive to develop a cooperative management team drawing on the strengths of each team member in an effort to achieve a quality project within budget and on schedule. This partnership would be bilateral in membership and participation will be totally voluntary. Any cost associated with effectuating this partnership, excluding travel and lodging cost of Government personnel, will be borne by the Contractor. The partnering meetings shall be held in Herlong, CA at the Sierra Army Depot.

(End of Clause)

SPK 36-4017 DEVIATING FROM THE ACCEPTED DESIGN (HND JUN 2002)

(a.) The Contractor must obtain the approval of the Designer of Record and the Government’s concurrence for any Contractor proposed revision to the professionally stamped and sealed and Government reviewed and concurred design, before proceeding with the revision.

(b.) The Government reserves the right to non-concur with any revision to the design, which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed and concurred design.

(c.) Any revision to the design, which deviates from the contract requirements (i.e., the RFP and the accepted proposal), will require a modification, pursuant to the Changes clause, in addition to Government concurrence. The Government reserves the right to disapprove such a revision.

(d.) Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished design criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

(e.) The Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them into the as-built design documentation, in accordance with agreed procedures. The Designer of Record shall document its professional concurrence on the as-builts for any revisions in the stamped and sealed drawings and specifications.

SPK 36-4018 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR (HND

UNDATED)

The Contractor shall furnish the Contracting Officer within 10 days after the award the items of work he will perform with his own forces and the estimated cost of those items. The percentage of work that must be performed by the Contractor is stated in Contract Clause 52.236-1, “PERFORMANCE OF WORK BY THE CONTRACTOR”

(End of Summary of Changes)

(End of Clause)