AM01.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

1 2

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE 4. REQUISITION/PURCHASE 5. PROJECT NO. (If applicable)

W9127820R0114-0001 13 JAN 2021

6. ISSUED BY CODE 7. ADMINISTERED BY(If other than item 6)

CODE

Corps of Engineers 109 St. Joseph St.

Mobile, AL 36602

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP code) 9A. AMENDMENT OF SOLICITATION

NO.

W9127820R0114

9B. DATED (SEE ITEM 11)

15 DECEMBER 2020

10A. MODIFICATION OF

CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE

FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended. Offers 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 ACKNOWLEDGEMENT 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 ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO 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)

The subject solicitation for: Two-Phase Design-Build MATOC IDIQ for Construction Requirements in Central America

Is modified in the following: REFER TO THE ENCLOSED REVISIONS FOR AMENDMENT NO. 0001

Except as provided herein, all terms and conditions of the document reference 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) 16A. NAME AND TITLE OF CONTRACTING OFFICE (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

BY

(Signature of contracting officer)

16C. DATE SIGNED

NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE Prescribed by GSA

Two-Phase Design-Build MATOC IDIQ for Construction W9127820R0114 Requirements in Central America

SF 30 Page 2 Amendment No. W9127820R0114-0001

PART I - REVISIONS MADE BY ADDED AND/OR REPLACEMENT PARAGRAPHS/PAGES/SECTIONS

The items listed below are to be replaced by the corresponding added and/or revised paragraphs/pages or sections. Added and/or revised paragraphs/pages or sections are indicated by a note in bottom right hand corner of each paragraph or page. Added sections are hereby made a part of the contract and are to be inserted in the specification in the proper numerical/alphabetical sequence.

Within the specifications, deletions from the specifications are indicated by strikethrough, e.g.: deletions are marked with strikethrough and additions to the specifications including revisions/substitutions are indicated in bold, italic and underlined, e.g.: additions are indicated thus.

Corresponding Added or Revised Paragraph SECTION Page, and/or Section

00 11 00 Revised Paragraph 3.2 as indicated herein.

00 12 00 Revised Paragraph 2.3 as indicated herein.

00 70 00 Revised Table of Contents and Clause 52.236-25 as indicated herein. Added Clause UAI 5152.236-9011.

01 00 01 Revised Table of Contents and Paragraphs 12 and 48.

Encl as stated Replaced pages of the specifications as indicated in Part I.

SECTION 00 11 00

Revised by Amendment No. W9127820R0114-0001

00 11 00

3.2 Submit your proposal as follows:

Submit one (1) electronic copy of the entire proposal (“Volume I and II”) in Portable Document File (PDF) format. Label the pdf “Volumes I and II”.

Submit one (1) electronic copy of Volume II in Portable Document File (PDF) format. Label the pdf “Volume II”.

Hard copies are not required to be submitted, and will not be accepted or evaluated. However, when formatting the PDF files the page size should be 8-1/2” x 11” for all pages except schedules and organizational charts, as applicable, which should be 11” x 17” (counts as one sheet toward page limitation).

Notwithstanding Provision 52.236-28 of Section 01 21 16, proposals can be electronically signed.

(NOTE: The remainder of the section is unchanged by the amendment.)

Two-Phase Design-Build IDIQ MATOC for Construction W9127820R0114

SECTION 00 12 00

00 12 00

2.3 Submit your proposal as follows:

Submit one (1) electronic copy of the entire proposal (“Volume III and

IV”) in Portable Document File (PDF) format. Label the pdf “Volumes III and IV”.

Submit one (1) electronic copy of Volume III in Portable Document File (PDF) format. Label the pdf “Volume III”.

Hard copies are not required to be submitted, and will not be accepted or evaluated. However, when formatting the PDF files the page size should be 8-1/2” x 11” for all pages except schedules and organizational charts, as applicable, which should be 11” x 17” (counts as one sheet toward page limitation).

Original Bid Bonds should be mailed to the address indicated in block 8 of the SF1442 and be received by the date and time established in block 13 of the SF1442. Failure to comply with this requirement will disqualify the offeror from competition.

Notwithstanding Provision 52.236-28 of Section 01 21 16, proposals can be electronically signed.

Section 00 70 00

Contents 52.202-1 - Definitions

52.203-3 - Gratuities

52.203-5 - Covenant Against Contingent Fees

52.203-6 - Restrictions on Subcontractor Sales to the Government

52.203-7 - Anti-Kickback Procedures

52.203-8 - Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

52.203-10 - Price or Fee Adjustment for Illegal or Improper Activity

52.203-12 - Limitation on Payments to Influence Certain Federal Transactions

52.203-13 - Contractor Code of Business Ethics and Conduct

52.203-17 - Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

52.203-19 - Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

52.204-4 - Printed or Copied Double-Sided On Postconsumer Fiber Content Paper

52.204-7 - System for Award Management

52.204-9 - Personal Identity Verification of Contractor Personnel

52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards

52.204-13 - System for Award Management Maintenance

52.204-15 – Service Contract Reporting Requirements for Indefinite-Delivery Contracts

52.204-18 - Commercial and Government Entity Code Maintenance

52.204-19 - Incorporation by Reference of Representations and Certifications

52.204-23 - Prohibition on Contracting For Hardware, Software, and Services Developed or Provided By Kaspersky Lab and Other Covered Entities

52.204-25 - Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

52.209-6 - Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed For Debarment

52.209-9 - Updates of Publicly Available Information Regarding Responsibility Matters

52.209-10 - Prohibition on Contracting With Inverted Domestic Corporations

52.210-1 - Market Research

52.211-10 - Commencement, Prosecution, and Completion of Work

52.211-12 - Liquidated Damages--Construction

52.211-13 - Time Extensions

52.211-18 - Variation in Estimated Quantity

52.212-4 – Contract terms and Conditions-Commercial Items

52.215-2 - Audit and Records – Negotiation

52.215-10 - Price Reduction for Defective Certified Cost or Pricing Data

52.215-11 - Price Reduction for Defective Certified Cost or Pricing Data--Modifications

52.215-12 - Subcontractor Certified Cost or Pricing Data (Deviation 2018-O0015)

52.215-13 - Subcontractor Certified Cost or Pricing Data–Modifications (Deviation 2018-O0015)

52.215-15 - Pension Adjustments and Asset Reversions

52.215-18 - Reversion or Adjustment of Plans for Postretirement Benefits (Prb) Other Than Pensions .. 52

52.215-19 - Notification of Ownership Changes

52.215-21 - Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

52.216-18 – Ordering

52.216-19 - Order Limitations

52.216-22 - Indefinite Quantity

52.216-32 Task-Order and Delivery-Order Ombudsman

52.217-7 – Options for increased Quantity-Separately Priced Line Item

52.222-50 - Combating Trafficking In Persons

52.223-3 - Hazardous Material Identification and Material Safety Data

52.223-5 - Pollution Prevention and Right-To-Know Information

52.223-6 - Drug-Free Workplace

52.223-15 - Energy Efficiency in Energy-Consuming Products

52.223-17 - Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts .. 70

52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving

52.225-13 - Restrictions on Certain Foreign Purchases

52.225-14 - Inconsistency between English Version and Translation of Contract

52.225-19 – Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States

52.227-4 - Patent Indemnity--Construction Contracts

52.228-2 - Additional Bond Security

52.228-3 - Workers' Compensation Insurance (Defense Base Act)

52.228-11 - Pledges Of Assets

52.228-12 - Prospective Subcontractor Requests for Bonds

52.228-14 - Irrevocable Letter of Credit

52.228-15 - Performance and Payment Bonds--Construction

52.229-6 - Taxes--Foreign Fixed-Price Contracts

52.232-5 - Payments Under Fixed-Price Construction Contracts

52.232-16 - Progress Payments

52.232-17 - Interest

52.232-23 - Assignment of Claims

52.232-27 - Prompt Payment for Construction Contracts

52.232-33 - Payment by Electronic Funds Transfer—System for Award Management

52.232-39 - Unenforceability of Unauthorized Obligations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-1 - Disputes

52.233-3 - Protest After Award

52.233-4 - Applicable Law for Breach of Contract Claim

52.236-1 - Performance of Work by the Contractor

52.236-2 - Differing Site Conditions

52.236-3 - Site Investigation and Conditions Affecting the Work

52.236-5 - Material and Workmanship

52.236-6 - Superintendence by the Contractor

52.236-7 - Permits and Responsibilities

52.236-8 - Other Contracts

52.236-9 - Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

52.236-10 - Operations and Storage Areas

52.236-11 - Use and Possession Prior to Completion

52.236-12 - Cleaning Up

52.236-13 - Accident Prevention

52.236-14 - Availability and Use of Utility Services

52.236-15 - Schedules for Construction Contracts

52.236-21 - Specifications and Drawings for Construction

52.236-25 Requirements for Registration of Designers

52.236-26 - Preconstruction Conference

52.242-13 - Bankruptcy

52.242-14 - Suspension of Work

52.243-4 - Changes

52.246-1 – Contractor Inspection Requirements

52.246-2 – Inspection of Supplies-Fixed-Price

52.246-12 - Inspection of Construction

52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements

52.246-16 – Responsibility of Supplies

52.246-17 – Warranty of Supplies of a Noncomplex Nature

52.246-18 – Warranty of Supplies of a Complex Nature

52.246-21 - Warranty of Construction

52.246-23 – Limitation of Liability

52.246-24 – Limitation of Liability-High-Value Items

52.247-64 - Preference for Privately Owned U.S. - Flag Commercial Vessels

52.248-3 - Value Engineering--Construction

52.249-2 - Termination for Convenience of the Government (Fixed-Price) - Alternate I

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements)

52.249-10 - Default (Fixed-Price Construction)

52.252-6 - Authorized Deviations in Clauses

52.253-1 - Computer Generated Forms

252.201-7000 - Contracting Officer's Representative

252.203-7000 - Requirements Relating To Compensation of Former DoD Officials

252.203-7001 - Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies

252.203-7002 - Requirement to Inform Employees Of Whistleblower Rights

252.203-7003 - Agency Office of the Inspector General

252.203-7004 - Display of Hotline Posters

252.204-7000 - Disclosure of Information

252.204-7003 - Control of Government Personnel Work Product

252.204-7004 - Antiterrorism Awareness Training for Contractors

252.204-7006 - Billing Instructions

252.204-7012 - Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204-7015 - Notice of Authorized Disclosure of Information for Litigation Support

252.204-7018 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (Dec 2019)

252.204-7020 – NIST SP 800-171 DoD Assessment Requirements (Nov 2020)

252.205-7000 - Provision of Information to Cooperative Agreement Holders

252.209-7004 - Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

252.222-7002 - Compliance with Local Labor Laws (Overseas)

252.222-7006 - Restrictions on the Use of Mandatory Arbitration Agreements

252.223-7001 - Hazard Warning Labels

252.223-7004 - Drug-Free Work Force

252.223-7006 - Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials--Basic

252.223-7008 - Prohibition of Hexavalent Chromium

252.225-7005 - Identification of Expenditures in The United States

252.225-7012 - Preference for Certain Domestic Commodities

252.225-7041 - Correspondence in English

252.225-7043 - Antiterrorism/Force Protection Policy for Defense Contractors outside The United States

252.225-7045 - Balance of Payments Program--Construction Material Under Trade Agreements - Basic

252.225-7048 - Export-Controlled Items

252.225-7987 - REQUIREMENTS FOR CONTRACTOR PERSONNEL PERFORMING IN USSOUTHCOM AREA

OF RESPONSIBILITY (CLASS DEVIATION 2014-O0016)

252.227-7013 - Rights in Technical Data--Noncommercial Items

252.227-7016 - Rights in Bid or Proposal Information

252.227-7022 - Government Rights (Unlimited)

252.227-7023 - Drawings and Other Data to Become Property of Government

252.227-7025 - Limitations on the Use or Disclosure of Government-Furnished Information Marked With Restrictive Legends

252.227-7030 - Technical Data--Withholding Of Payment

252.227-7033 - Rights in Shop Drawings

252.227-7037 - Validation of Restrictive Markings on Technical Data

252.229-7001 - Tax Relief

252.231-7000 - Supplemental Cost Principles

252.232-7003 - Electronic Submission of Payment Requests and Receiving Reports

252.232-7008 - Assignment of Claims (Overseas)

252.232-7010 - Levies On Contract Payments

252.233-7001 - Choice of Law (Overseas)

252.236-7000 - Modification Proposals - Price Breakdown

252.236-7001 - Contract Drawings and Specifications

252.236-7005 - Airfield Safety Precautions

252.236-7013 - Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers

252.243-7001 - Pricing Of Contract Modifications

252.243-7002 - Requests for Equitable Adjustment

252.243-7999 – Section 3610 Reimbursement (Deviation 2020-O0021) (Aug 2020)

252.244-7000 – Subcontract for Commercial Items

252.246-7004 - Safety of Facilities, Infrastructure, and Equipment for Military Operations

252.247-7023 - Transportation of Supplies by Sea

UAI 5152.236-9011 DESIGN-BUILD CONSTRUCTION CONTRACTS (MAR 2019)

52.236-25 Requirements for Registration of Designers

Architects or engineers registered to practice in the particular professional field involved in a State, the District of Columbia, or an outlying area of the United States shall prepare or review and approve the design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work.

This requirement will be specified on a task order basis

(End of clause)

UAI 5152.236-9011 DESIGN-BUILD CONSTRUCTION CONTRACTS (MAR 2019)

(a) Design-Build Contract Order of Precedence. The contract includes the standard contract clauses and schedules current at the time of contract award. It entails (1) the Solicitation in its entirety, including all drawings, cuts, and illustrations, and any amendments, 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 way bears upon the terms of that agreement.

(1) In the event of conflict or inconsistency between any portion of this contract, precedence shall be given in the following order:

i.Betterments: Any portions of the accepted proposal which both conform to and exceed the requirements of the Solicitation.

ii.The requirements of the Solicitation. (See also FAR 52.236-21, Specifications and Drawings for Construction) iii.All other elements of the accepted proposal.

iv.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.

(b) Personnel, subcontractors, and outside associates or consultants. In connection with this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to individuals or firms that were specifically identified in the Contractor's accepted proposal. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted proposal or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.

(c) Responsibility of the Contractor for Design. 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.

(1) 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.

(2) Neither the Government's review, approval or acceptance of, nor payment for, the services required under this contract, 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.

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

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

(d) Contractor's Role during the Design Process. 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 Contractor'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 design and construction quality control (QC) management programs with the design QC program, and maintaining and providing the design team with accurate, up-to-date redline and as-built documentation for eventual submission as Record Drawings.. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

(e) Deviating from the Accepted Design. The Contractor must obtain the approval of the Designer of Record and the Government's concurrence, in the form of supplemental agreement to the contract, for any Contractor-proposed revision to the professionally stamped-and-sealed and Government-reviewed final design that has been released for Construction before proceeding with the revision. The Government reserves the right to disapprove such a revision.

(1) The Government reserves the right to non-concur with any revision to the final design that has been released for construction, including those which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed design.

(2) Any Contractor-proposed revision to the design which deviates from the contract requirements (i.e., the Request for Proposal (RFP) and the accepted proposal), will require a bilateral modification (e.g. supplemental agreement) to the contract before any work commences.

(3) 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.

(4) 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.

(f) Value Engineering after Award. In reference to Federal Acquisition Regulation (FAR) 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.

(1) 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.

(2) 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 proposal 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.

(3) 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 material, 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 any other approach to fulfill the contract requirements.

(g) Warranty of Design. 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 c of this clause, Responsibility of the Contractor for Design.

(1) 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.

(2) This design warranty shall be effective from the above event through the Statute of Limitations and Statute of Repose or host nation law, as applicable to the place of construction performance.

(3) 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.

(h) Government Re-Use of Design. In conjunction with the Defense Federal Acquisition Regulation Supplement (DFARS) 252.227-7022, Government Rights (Unlimited), the Government will not ask for additional originals or copies of the design works after the Contractor provides all required design documentation and record drawing documentation under the instant contract. Further, if the Government uses the design for other projects without additional compensation to the Contractor for re-use, the Government releases the Contractor from liability in the design on the other projects, due to defects in the design that are not the result of fraud, gross mistake as amounts to fraud, gross negligence or intentional misrepresentation.

(End of clause)

Section 01 00 01

Contents

1. FALSE STATEMENTS IN OFFERS

2. U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-1-1

3. ARITHMETIC DISCREPANCIES

4. OFFEROR’S PROPOSAL

5. ISSUING OFFICE

6. SUBMITTAL OF OFFER

7. REQUESTS FOR INFORMATION

8. DESCRIPTION OF WORK

9. CONTRACT PRICES - BIDDING SCHEDULE

10. MANUALS AND PUBLICATIONS

11. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

12. AFFILIATED BIDDERS RESERVED

13. BOARD OF CONTRACT APPEALS

14. SPECIAL TREATMENT OR PACKAGING OF EQUIPMENT AND MATERIAL

15. COMPLIANCE WITH LAWS, RULES AND CUSTOMS

16. PROHIBITION AGAINST CONTRACTING WITH INDIVIDUALS OR ENTITIES DESIGNATED AS

SIGNIFICANT NARCOTICS TRAFFICKERS

17. CERTIFICATES OF COMPLIANCE

18. TEMPORARY ELECTRICAL SERVICE

19. BULLETIN BOARD

20. PRESERVATION OF HISTORICAL, ARCHEOLOGICAL AND CULTURAL RESOURCES

21. AWARD OF MULTIPLE PROJECTS TO A SINGLE CONTRACTOR

22. EQUIPMENT DATA

23. HAZARD ANALYSIS PLAN

24. CONTRACTOR MAINTENANCE

25. PROTECTION OF MATERIAL AND WORK

26. SITE OUTAGES

27. APPLICABILITY OF HOST COUNTRY LAW

28. REMOVAL OF CONTRACTOR EQUIPMENT, MATERIALS, TOOLS AND SUPPLIES

29. LANGUAGE

30. CUSTOM CLEARANCE

31. CONTRACTOR LIAISON WITH THE GOVERNMENT OF THE HOST COUNTRY

32. CONTRACTOR'S RADIO COMMUNICATION FACILITY

33. CONTRACTOR'S AIRCRAFT OPERATION

34. SECURITY CLEARANCE

35. PAYMENTS TO THE CONTRACTOR

36. WAR RISKS

37. RIGHTS OF ENTRY

38. PERMITS AND RESPONSIBILITIES

39. CONTRACTOR PAYMENT REQUEST

40. KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS

41. PERFORMANCE BOND - SUPPLEMENT #1 (BANK GUARANTEE)

42. PERFORMANCE BOND - SUPPLEMENT #2 (IRREVOCABLE LETTER OF CREDIT)

43. PERFORMANCE BOND - SUPPLEMENT #3 (TREASURY BOND)

44. BID/PERFORMANCE GUARANTEES AND BONDS: ADDITIONAL INFORMATION (SAMPLE BANK

GUARANTEE LETTER)

45. BID GUARANTEE - SUPPLEMENT #1 (BANK GUARANTEE)

46. BID GUARANTEE - SUPPLEMENT #2 (IRREVOCABLE LETTER OF CREDIT)

47. BID GUARANTEE - SUPPLEMENT #3 (TREASURY BOND)

48. DUTIES, TAXES AND LICENSE FEES (HONDURAS)

49. PROCUREMENT OF SUPPLIES AND MATERIALS

12. AFFILIATED BIDDERS RESERVED

a. Business concerns are affiliates of each other when, either directly or indirectly, (1) one concern controls or has the power to control the other, or (2) a third party controls or has the power to control both.

b. Each bidder shall submit with its bid an affidavit stating that it has no affiliates, or containing the following information.

1) The names and addresses of all affiliates of the bidder.

2) The names and addresses of all persons and concerns exercising control or ownership of the bidder and any or all of its affiliates, and whether they exercise such control or ownership as common officers, directors, stockholders, holding controlling interest, or otherwise.

Please check when applicable:

The offeror certifies that it has no affiliates.

The offeror certifies that it is affiliated with the concerns designated on an attached affidavit.

48. DUTIES, TAXES AND LICENSE FEES (HONDURAS)

Unless otherwise specified at the task order level, Aall materials, equipment, and supplies that are for use on and/or incorporation into this project are exempt from all taxes, customs, duties, and tariffs. The Contractor warrants his price for this contract is exclusive of any such charges.