W9127819R0006_SF33.pdf

CODE

(Hour)

PAGE(S)

until 02:00 PM local time 28 Feb 2019

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A X B X C

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52 - 69 X H 70 - 74 helene.s.mitchell@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 74

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W91278 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

HELENE S MITCHELL 251-441-6531

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 7

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

8 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

9 - 11 12 - 13

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 14 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 15 - 26 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

27 - 46

PART II - CONTRACT CLAUSES

ENDIST MOBILE CONTRACTING DIVISION

109 ST JOSEPH ST

MOBILE AL 36602

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

02 Jan 2019

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W9127819R0006

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Base - Electrical System Mobilization, FFP

System Repairs, Alter Generator Controls, Medical/DBA/Security Clearance, SPOT

FOB: Destination

NET AMT

0002 15,210,000 Kilowatt

Hour

Base - (Prime 10 months) Fiscal Year

FFP

2019 Energy Charge per kW Hour

0003 10 Months Base - (Prime) Fiscal Year 2019 Usage

FFP

Charge per Month

0004 42,000 Kilowatt

OPTION Option - (Standby 2 months) Fiscal Year

2019 Energy Charge per kW Hour

0005 2 Months OPTION Option - (Standby) Fiscal Year 2019

FFP

Usage Charge Per Month

0006 1 Job OPTION Option - Demobilize One Generator for

FFP

Standby Power

0007 250,000 Kilowatt

OPTION Option Year 1- Standby Fiscal Year 2020

Energy Cost per kW Hour

0008 12 Months OPTION Option Year 1- Standby Fiscal Year 2020

FFP

Usage Charge per Month

0009 250,000 Kilowatt

OPTION Option Year 2- Standby Fiscal Year 2021

0010 12 Months OPTION Option Year 2- Standby Fiscal Year 2021

FFP

Charge per Month

0011 250,000 Kilowatt

OPTION Option Year 3- Standby Fiscal Year 2022

0012 12 Months OPTION Option Year 3- Standby Fiscal Year 2022

FFP

0013 250,000 Kilowatt

OPTION Option Year 4- Standby Fiscal Year 2023

0014 12 Months OPTION Option Year 4- Standby Fiscal Year 2023

FFP

0015 1 Job OPTION Demobilization of all Generators at the

FFP

end of the Contract Term.

Section C - Descriptions and Specifications

SPECIFICIATONS

Reference Section J – Project specific documents are included at the end of the solicitation.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY FULL TEXT

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place,promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time (i) when Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract and (ii) when the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer;

provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(End of clause)

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

Section F - Deliveries or Performance

52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;

provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

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

52.247-34 F.O.B. DESTINATION (NOV 1991)

(a) The term "f.o.b. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall--

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

Section G - Contract Administration Data

CONTRACT ADMINISTRATION

CONTRACT ADMINISTRATION DATA

After award, contract will be administered by Supplies and Services Branch (CT-S), U.S. Army Corps of Engineers

- Mobile District, P.O. Box, 2288, Mobile, Alabama 36628-0001, Telephone 251-441-5406.

THE ISSUING OFFICE IS THE US ARMY ENGINEER DISTRICT, MOBILE

Delivery Address:

109 St. Joseph Street Federal Building, Room 6018 Mobile, AL 36602

Mailing Address:

P.O. Box 2288 Mobile, AL 36628-0001

PAYING OFFICE

Payment for work performed under this contract will be made by the USACE Finance Center, 5722 Integrity Drive, Millington, TN 38054-5005.

Invoices should be mailed to the receiving office at the following address: TBD

Section H - Special Contract Requirements

ADDITONAL REQUIREMENTS

SECTION H – SPECIAL CONTRACT REQUIREMENTS

U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL,

EM 385-1-1

This paragraph applies to contracts and purchase orders that require the contractor to comply with EM 385-1-1 (e.g., contracts that include the Accident Prevention clause at FAR 52.236-13 and/or other safety provisions). EM 385-1-1 and its changes are available at http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx.

The Contractor shall be responsible for complying with the current edition and all changes posted on the web through the date that is 10 calendar days prior to the date offers are due. If the solicitation is amended to extend the time set for receipt of offers, the 10 calendar days rule stated above shall be applied against the amended date.

(For example, if offers are due on 10 April, all changes posted on or before 31 March shall apply to the contract.

If the time for receipt of offers is extended from 10 April to 20 April, all changes posted on or before 10 April shall apply to the contract.)

SAFETY AND HEALTH REQUIREMENTS

(a) All Contractor’s must comply with the Corps of Engineers Safety and Health requirements Manual, Em-385-1-1 in effect on date of solicitation. EM 385-1-1 and its changes are available at http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx.

(b) The Contractor shall provide and maintain work environments and procedures which will

(1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) avoid interruptions of Government operations and delays in project completion dates; and

(3) control costs in the performance of this contract.

(c) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

REQUIRED INSURANCE

The contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance in accordance with the Contract Clause entitled "Insurance-Work on a Government Installation."

Workmen's Compensation and Employers' Liability Insurance:

Workmen's Compensation and Occupational Disease Coverage in accordance with statutory limits. Employers' Liability Coverage with a minimum limit of $100,000. (The Contractor shall verify with the State Board of Workers

Compensation for each state in which performance is required in connection with this contract, to determine his or her own applicability with respect to this provision.)

Comprehensive Automobile Liability Insurance:

Bodily injury coverage with minimum limits of $200,000 per person and $500,000 per occurrence. Property Damage Coverage with a minimum limit of $20,000 per occurrence.

Comprehensive General Liability Insurance:

Bodily injury coverage with minimum limits of $1,000,000 per occurrence.

At all times during performance, the Contractor shall maintain with the Contracting Officer a current Certificate of Insurance showing at least the insurance required above, and providing thirty (30) days written notice to the Contracting Officer by the insurance Company prior to cancellation or material change in policy coverage. Current Certificate of Insurance shall be furnished to the Contracting Officer within five (5) days after award of contract.

APPLICABILITY OF HOST COUNTRY LAW

The Contractor and all of his subcontractors and suppliers shall respect and abide by and will insure that their employees and their dependents respect and abide by all applicable laws, regulations and decrees of the host country.

REMOVAL OF CONTRACTOR EQUIPMENT, MATERIALS, TOOLS AND SUPPLIES

All construction equipment, materials, form system, tools and/or supplies belonging to the Contractor and required for the performance of this work but not incorporated into the work, will remain the property of the Contractor and, upon approval of the Contracting Officer, the Contractor will be permitted to remove any of the same from the work sites.

a. The Contractor may use or resell same at his convenience and without additional cost to the Government, so long as he complies with all laws and regulations of the Government of host country, including applicable customs, duties, taxes, licenses, import bonds and other charges which may be imposed thereon by the Government of the host country.

The host country shall have the first option to acquire any equipment, materials, supplies, or other movable property imported into or procured within the host country under this contract.

b. The Contractor shall also be permitted to export such equipment, materials, tools or supplies without payment of customs, duties, taxes, or other charges, except for services requested or ordered.

RESPONSIBILITY FOR OBSERVANCE OF LAWS, ORDERS AND REGULATIONS

Contractor shall be familiar with, and at all times shall observe and comply with all laws, Executive Orders, United States Government rules and regulations, as well as rules and regulations of the United States Forces applicable to the work under this contract.

REPATRIATION OF EMPLOYEES

The Contractors will be responsible for expense incidental to the maintenance, repatriation or deportation of his employees, their dependents, and other persons brought to the host country unless such persons are permitted to remain in the host country in accordance with its laws and regulations.

QUARTERS AND BASIC SERVICES

No quarters or housing are available in the host country from the United States Government. All employee requirements for food, transportation (to, from, and within the host country), and similar requirements shall be the

Contractor's responsibility. Limited medical services, for triage and stabilization only, will be available, but transport of wounded/ill employees and the expense for all provided care will be a Contractor responsibility.

LAW GOVERNING CONTRACTS

In any dispute between the United States and the Contractor arising out of this contract, the decision of which requires consideration of questions of law, the rights and obligations of the parties shall be interpreted and determined in accordance with the substantive laws of the United States of America.

ENGLISH-SPEAKING REPRESENTATIVE

At all times when any performance of the work at any site is being conducted by any employee of the Contractor or his subcontractors, the Contractor shall have a representative present at each site who has the capability of receiving instructions in the English language, fluently speaking the English language and explaining the work operations to persons performing the work in the language that those performing the work are capable of understanding. The Contracting Officer shall have the right to determine whether the proposed representative has sufficient technical and bilingual capabilities, and the Contractor shall immediately replace any individual not acceptable to the Contracting Officer.

CUSTOM CLEARANCE

In order to expedite the movement of materials obtained by the Contractor from sources outside of the host country for use in performance of work under this contract, the Contractor shall take all actions as necessary to meet the following requirements:

a. All shipments of materials into the host country for use in performance of work under this contract and supplies or services necessary for support of the Contractor's personnel shall be addressed to the Area Engineer. Complete shipping address will be furnished to the Contractor by the Contracting Officer upon request.

b. The Contractor shall be responsible for all customs clearances actions. All necessary arrangements, clearance procedures, and coordination with the host country's custom officials will be the sole responsibility of the Contractor.

The Contractor shall submit to the Contracting Officer "with a cover letter, the shipping documents" for the shipment(s) involved. As a minimum, the following shall be included as enclosures, with the cover letter to the Contracting Officer in three (3) copies:

1. Invoice.

2. Bill of lading.

3. Certificate of origin.

4. Statement on the cover letter as to Port of Customs Clearance, estimated arrival date, general description of the shipment, quantity and the name of the carrier.

5. Contractor certification that materials, equipment and supplies will be consumed, incorporated into the work or disposed of.

c. The Contractor shall be responsible for performance of all transportation or other physical handling of materials as may be required, including all movement from carrier unloading site to delivery at the job site and all movement required at the customs areas.

CONTRACTOR LIAISON WITH THE GOVERNMENT OF THE HOST COUNTRY

All communication by the Contractor with all officials, representatives and/or offices of the Government of the host country in all matters pertaining to the design and construction of this contract shall be through and in full liaison with the Contracting Officer. This does not relinquish Contractor responsibility for obtaining routine items to conduct day-to-day business such as visas, permits, and customs clearances.

CONTRACTOR'S RADIO COMMUNICATION FACILITY

The United States Government does not guarantee the Contractor the right to operate a radio communication facility in the host country. If the Contractor desires to establish a radio communication system, he will be responsible for obtaining all permits, licenses, and frequencies from the Government of the host country. If requested, the Contracting Officer will solicit assistance from the Ministry of Defense in supporting the Contractor's application.

CONTRACTOR'S AIRCRAFT OPERATION

The United States Government does not guarantee the Contractor the right to operate aircraft into, within, and out of the host country. If the Contractor host country desires to operate aircraft in-country in association with work under this contract, he will be responsible to obtain, interpret, and comply with all regulations, procedures, and laws of the host country, including all permits, operations and aircraft entrance requirements, from the appropriate officials of the Government of the host country.

WAR RISKS

a. Notwithstanding any other provisions of this contract to the contrary and except as set forth in (a)(2), below:

1. The Government assumes the risk of loss or damage to and/or destruction of completed or partially completed work performed under this contract, where such loss, damage, and/or destruction occurs by or as a result of civil commotion, riot, sabotage, insurrection, rebellion, or hostile or warlike action, including action in hindering, combating, or defending against an actual, impending or expected attack by any government or sovereign power (de jure or de facto) or by any authority using military, naval, or air forces, and agrees that the Contractor shall not be responsible for such loss, damage, and/or destruction. When such loss, damage, and/or destruction occurs, the Contractor shall promptly take all reasonable steps to protect the work from future loss, damage and/or destruction.

If directed in writing by the Contracting Officer, the Contractor shall proceed to replace an/or repair such part of the completed or partially completed work as may have been lost, damaged, and/or destroyed as hereinbefore set forth and, in such event, the contract price and time of performance shall be equitably adjusted and the contract will be modified in writing accordingly.

2. If material, equipment, and/or installations, which are being used or were acquired for use by the Contractor in the performance of this contract and which are located on the site of the work to be performed under this contract, are lost, damaged, and/or destroyed by or as the result of civil commotion, riot, sabotage, insurrection, rebellion, revolution, or hostile or warlike action, including action in hindering, combating, or defending against an actual, impending or expected attack by any government or sovereign power (de jure or de facto) or by any authority using military, naval, or air forces, or by any agent of any such government, power, authority, or forces, and not due to the Contractor's failure to exercise sound judgment in the management of work or in taking reasonable precautions to protect such material, equipment and/or installations, to the extent that such loss, destruction and/or damage is not covered by insurance and within the limit of funds against which indemnification by the Government to the Contractor for such loss, destruction and/or damage may lawfully be charged, an equitable adjustment will be made to increase the contract price without allowance for profit and/or overhead, to the extent necessary to indemnify the Contractor for such loss, destruction and/or damage and the contract will be modified in writing accordingly.

3. In the event of hostilities or threat of hostilities affecting the supply or movement of materials, supplies and/or personnel from or through Latin American countries which cause an increase in the cost of performance of this contract, an equitable adjustment will be made to increase the contract price to the extent necessary to indemnify the Contractor for losses incurred thereby, and the Contractor, on request of the Contracting Officer, shall show by appropriate documentary proof and as may otherwise be necessary, the extent of the increase in the cost of performance of this contract. Overhead and/or profit will not be allowed in any price adjustment.

b. The Contractor warrants that the contract price does not and shall not include any charge or reserve for insurance (including self-insurance funds or reserve) or any contingency, covering any of the risks assumed or indemnified by the Government under this clause. The Contractor agrees that if it carries any insurance which is deemed by the Contracting Officer to cover any of the risks assumed or indemnified against by the Government under this clause, to make demand against the insurer in the amount recoverable and to reduce its claims hereunder by the amount covered, from the insurer or, at the option of the Contracting Officer, to assign to the Government its rights against the insurer for the risks covered by this clause, and upon request of the Contracting Officer, to furnish to the Government and at the Government's expense, all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment or subrogation in favor of the Government) in obtaining recovery.

c. The Contractor shall give the Contracting Officer prompt notice of any loss of, damage to, and/or destruction of property for which the Government has assigned the risk or agreed to indemnify the Contractor under this clause, and shall furnish evidence or proof of such loss, damage, and/or destruction in such manner or form as may be required by the Contracting Officer.

d. Failure to agree to any adjustment contemplated under this clause shall be a dispute concerning a question of fact within the meaning of the contract clause entitled,"DISPUTES." However, nothing in this clause shall excuse the Contractor from proceeding with the work, including the repair and/or replacement as hereinabove provided.

COMPLIANCE WITH LAWS, RULES AND CUSTOMS

a. The Contractor shall be responsible for furnishing the Government of the host country with the names of personnel, type and amounts of equipment, dates and length of time required at the site, and purpose of entering, so that proper clearances may be obtained from the host country. It is understood that areas to which rights of entry are provided by the host country Governments are to be used only for work carried out under the contract and no destruction or damages shall be caused, except through normal usage, without concurrence of the host country Government.

b. The following items are a non-exclusive list of the types of local conditions that are the sole responsibility of the Contractor to investigate, estimate as to cost, and assume the risk, as normally encountered by Contractors on fixed-price contracts. The Contractor shall be responsible for determining the effects of these items and any similar local requirements on his own cost of performance of the contract and for including sufficient amount in the contract price.

1. Official language and type of accounts required to satisfy the officials of the local Government.

2. Entry and exit visas, residence permits, and residence laws applicable to aliens.

3. Passports, health and immunization certificates, and quarantine clearances.

4. Compliance with local labor and social insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds (if any).

5. Compliance with host nation law concerning insurance of payments to all persons supplying labor or material in prosecution of the work provided for in the contract.

6. Strikes, demonstrations and work stoppage.

7. Collection through withholding and payment to local Government of any income tax on employees subject to tax.

8. Operating under local laws, practices, customs and controls in connection with such matters as hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, 7th day of rest, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays and ratio of the host country's labor employed in comparison to others.

9. Possibility of claims in local bureaus, litigation in local courts, or attachment of local bank accounts.

10. Compliance with workmen's compensation laws and contribution into funds. Provisions of necessary medical service for Contractor employees.

11. Special licenses (if any) required by the Government of the host country for setting up and operating any manufacturing plant, e.g., concrete batching, precast concrete, concrete blocks, etc.

12. Sales within the host country of contractor-owned materials and equipment.

13. Special licenses for physicians, mechanics, tradesmen, drivers, etc.

14. Identification and/or registration with local police of imported personnel.

15. Stamp tax (if any) on documents, payments and payrolls.

16. Arranging to receive payments and process and remove funds from the host country.

17. Obtain tax exempt card from foreign government for prime Contractor as well as subcontractors.

18. All Honduran males between the ages of 18 and 30 are subject to the Honduran military draft. Only those Honduran males with exemption cards, issued by the Honduran Military Authorities or those with proof of prior service in the Honduran Armed Forces shall be permitted to work on Honduran Military Installations.

c. No duty or fee will be assessed on materials, equipment or supplies other than charges for services requested and ordered.

DUTIES, TAXES AND LICENSE FEES

All materials, equipment and supplies that are for use on and/or incorporation into this project are exempt from all taxes, customs, duties, and tariffs except for the national value added tax (IVA).

PROHIBITION AGAINST CONTRACTING WITH INDIVIDUALS OR ENTITIES DESIGNATED AS

SIGNIFICANT NARCOTICS TRAFFICKERS

Pursuant to Executive Order 12978 entitled "Blocking Assets and Prohibiting Transactions with Significant Narcotic Traffickers" dated October 21, 1995, the offeror certifies that it has not and will not be involved in business transactions with individuals or business entities designated as significant narcotics traffickers under this Executive Order. For a current listing of specially designated nationals and blocked persons, contact the Office of Foreign Assets Control, Department of the Treasury, Washington, DC 22201; telephone 202/622-2420.

COMPLIANCE WITH LAWS, RULES AND CUSTOMS

a. The Contractor shall be responsible for furnishing the Government of the host country with the names of personnel, type and amounts of equipment, dates and length of time required at the site, and purpose of entering, so that proper clearances may be obtained from the host country. It is understood that areas to which rights of entry are provided by the host country Governments are to be used only for work carried out under the contract and no destruction or damages shall be caused, except through normal usage, without concurrence of the host country Government.

b. The following items are a non-exclusive list of the types of local conditions that are the sole responsibility of the Contractor to investigate, estimate as to cost, and assume the risk, as normally encountered by Contractors on fixed-price contracts. The Contractor shall be responsible for determining the effects of these items and any similar local requirements on his own cost of performance of the contract and for including sufficient amount in the contract price.

1. Official language and type of accounts required to satisfy the officials of the local Government.

2. Entry and exit visas, residence permits, and residence laws applicable to aliens.

3. Passports, health and immunization certificates, and quarantine clearances.

4. Compliance with local labor and social insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds (if any).

5. Compliance with host nation law concerning insurance of payments to all persons supplying labor or material in prosecution of the work provided for in the contract.

6. Strikes, demonstrations and work stoppage.

7. Collection through withholding and payment to local Government of any income tax on employees subject to tax.

8. Operating under local laws, practices, customs and controls in connection with such matters as hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, 7th day of rest, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays and ratio of the host country's labor employed in comparison to others.

9. Possibility of claims in local bureaus, litigation in local courts, or attachment of local bank accounts.

10. Compliance with workmen's compensation laws and contribution into funds. Provisions of necessary medical service for Contractor employees.

11. Special licenses (if any) required by the Government of the host country for setting up and operating any manufacturing plant, e.g., concrete batching, precast concrete, concrete blocks, etc.

12. Sales within the host country of contractor-owned materials and equipment.

13. Special licenses for physicians, mechanics, tradesmen, drivers, etc.

14. Identification and/or registration with local police of imported personnel.

15. Stamp tax (if any) on documents, payments and payrolls.

16. Arranging to receive payments and process and remove funds from the host country.

SECURITY

The following special security provision shall apply to all Contractor personnel, associate contractors, and subcontractors working in the applicable areas. The Contractor can expect reasonable delays in complying with these requirements. The Contracting Officer reserves the right to refuse badges and entrance onto the Base to any persons and vehicles.

a. New and renewal badges should be authorized by one of the three Contractor Authorizers using an access list provided to the Pass and Identification Section five days in advance. Renewal badges should be obtained during off peak hours. These actions will minimize potential delays.

b. Personnel who are terminated prior to the expiration date of their badges shall turn in the badge to the

Prime Contractor for return to the Pass and Identification Section.

c. When required by the Contracting Officer's representative, the Contractor shall obtain and submit fingerprints of all persons employed or to be employed on the project.

The Contractor shall maintain a current list of all personnel who were authorized badges for this project. The list shall contain the expiration date and the date of the badge turn in if terminated. The list shall be submitted to the Contracting Officer's representative upon request.

ENVIRONMENTAL PROTECTION

The Contractor shall perform all work in such a manner as to minimize the pollution of air, water, or land and to control noise and dust within reasonable limits and in accordance with all applicable U.S. and host nation environmental laws, regulations and programs that relate to the performance of this contract or individual Task Orders. Where there is a conflict between U.S. and host nation law, the requirement that is more protective of health and the natural environment will be used. In no case will the requirements be less stringent than those required by U.S. law and regulation.

REQUIREMENTS FOR CONTRACTOR PERSONNEL PERFORMING IN THE U.S. SOUTHERN

COMMAND AREA OF RESPONSIBILITY

Definitions AREA OF RESPONSIBILITY. The U.S. Southern Command (USSOUTHCOM) area of responsibility (AOR) includes the geographic areas of Antigua and Barbuda, Argentina, Aruba, Barbados, Belize, Bolivia, Brazil, British Virgin Islands, Cayman Islands, Chile, Colombia, Costa Rica, Cuba, Curacao, Dominica, Dominican Republic, Ecuador, El Salvador, Falkland Islands, French Guiana, Grenada, Guadeloupe, Guatemala, Guyana, Haiti, Honduras, Jamaica, Martinique, Mayotte, Montserrat, Nicaragua, Panama, Paraguay, Peru, Saint Barthélemy, Saint Martin, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Sint Maarten, Suriname, Trinidad and Tobago, Turks and Caicos Islands, Uruguay, and Venezuela.

THIRD COUNTRY NATIONAL. For the purpose of this clause or provision, a third country national (TCN) is defined as any person, regardless of citizenship, who travels into the USSOUTHCOM AOR from outside of the USSOUTHCOM AOR. This includes personnel who are citizens of the country where performance of the contract is being conducted, but reside outside of the USSOUTHCOM AOR. For this purpose, non-DOD contractor personnel are considered traveling under DOD sponsorship.

LOCAL NATIONAL. For the purpose of this clause or provision, a local national (LN) is defined as any person who is performing services under a contract and is a resident of any country within the USSOUTHCOM AOR.

AT Level I Training.

Within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 30 calendar days after employment of new personnel, all contractor employees, including subcontractor employees, who are employed under the contract shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR (or to the contracting officer, if a COR is not assigned) within 10 calendar days after completion of training by all employees and subcontractor personnel. For Common Access Card (CAC) holders, AT Level I awareness training is available at https://jkodirect.jten.mil, course number “JS-US007- 14”. For non-CAC holders, AT Level I awareness training is available at http://jko.jten.mil/courses/atl1/launch.html (this standalone version is intended for non-CAC users without a JKO account only).

https://atlevel1.dtic.mil/atTraining must have been completed within the last 12 months and maintained yearly thereafter. If training cannot be conducted on the website, the contractor will coordinate with the local AT Officer at their assigned location for classroom training by a Level 2 trained AT Officer and a copy of either the training certificate…