Amendment 6 - W912DS25RA003.pdf

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 electronic communication 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 letter or electronic communication, provided each letter or electronic communication 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 NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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.)

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

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

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

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

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

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

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

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The purpose of this Amendment is to:Block 14 (Description of Amendment/Modification):

1. Revise and reissue the Basis of Award Document section 01 00 00, Volume 1 - Factor 2, paragraph 3.4, 3rd paragraph, 2nd sentence has been revised and reissued to state: "Discuss critical path activities that have the greatest risk to project delivery including destructive testing."

2. Revise and reissue the Basis of Award Document section 01 00 00, Volume 1 - Factor 2, paragraph 3.4.1, Weaknesses, 3rd sentence has been revised and reissued to state: ""The Government will not award to an Offeror who receives an Unacceptable rating for this factor."

3. Revise and reissue Specifications section - 32 12 15.13 Asphalt Paving for Airfields.

4. Answer requests for information.

5. Delete FAR 52.232-16 Progress Payments.

Section 00 00 00 - Procurement and Contracting Requirements

The following changes have been made:

Miscellaneous text in this section has been modified to:

W912DS25RA003 AMENDMENT 0006 to DRAWINGS and SPECIFICATIONS for Runway 03- 21 Airfield Lighting Repair - WSAAF, Fort Drum, NY.

TO OFFERORS

The following changes shall be made to the drawings and specifications.

DRAWINGS

1. The following DRAWINGS have been REVISED but NOT REISSUED:

- None

2. The following DRAWINGS have been REVISED and REISSUED:

- None

3. The following DRAWINGS have been ADDED:

- None

4. The following DRAWINGS have been DELETED:

- None

W912DS25RA0030006

SPECIFICATIONS

1. The following SPECIFICATION SECTIONS have been ADDED and are provided in their entirety herein:

- None

2. The following SPECIFICATIONS SECTIONS have been DELETED in their entirety:

- None

3. The following SPECIFICATIONS SECTIONS have been REVISED and REISSUED:

- 32 12 15.13 Asphalt Paving for Airfields

4. The following SPECIFICATIONS have been REVISED but NOT REISSUED:

- None

PROPOSER'S QUESTIONS AND GOVERNMENT REPLY

Questions that may be of general interest to all Offerors and/or the Government and that are not readily answered by the proceeding changes will appear below. These questions may have been paraphrased or altered to represent several questions regarding the same subject and/or simply revised to clarify and simplify the question(s). Questions and answers are issued to the Offerors "for information only" and do not revise the solicitation, plans or specifications.

Q1 BIDDER INQUIRY: Looks like Gradation 3 would always only be 50 gyr. Mix, but Gradation 1 and 2 could be both 50 and 75 gyr. Mix?

A1 RESPONSE: Yes, that is correct.

Q2 BIDDER INQUIRY: Also, the spec for the liquid asphalt for shoulders is PG64S-22 and the spec for the "full strength" is 64H-22. Both are Neat Binders.

In our part of the state H (70-22) would not be used, as it's a Downstate product. I am wondering if they meant 64V-22 ?

A2 RESPONSE: Yes, 64H-22 should be replaced with 64V-22. Spec section 32 12 15.13 Asphalt Paving for Airfields is revised and reissued in Amendment 0006.

Q3 BIDDER INQUIRY: Section 00 70 00, FAR 52.236-1 indicates 20% of the work is to be performed on the site by the Offerors own organization. The 20% value is higher than typically established and due to the complexity and magnitude of the specialty work of this project, i.e. concrete paving, asphalt paving, airfield lighting, airfield lighting controls and sitework, there is limited self-performance scope outside of these specialty areas to support the 20% self-performance percentage. In fact, the guidance in

FAR 36.501(a) discusses consideration of Specialties similar to those described above when establishing the self-performance requirements. As permitted in FAR 36.501(a) please reduce the self-performance percentage to the minimum stated in 36.501 (a) to 12%.

A3 RESPONSE: General (main) contractor must perform no less than 12% of the work with own forces per FAR 36.501.

Q4 BIDDER INQUIRY: Section 01 00 00, paragraph 3.3.2.i: the "Magnitude" project similarity is defined as projects greater than $10,000,000. Please confirm that the $10M requirement is for the overall project value and the value of the airfield paving portion of the overall project can be less than $10M.

A4 RESPONSE: The $10M requirement applies to the overall project value.

Q5 BIDDER INQUIRY: Section 01 00 00, paragraph 3.3.2.ii: the "Magnitude" project similarity is defined as projects greater than $15,000,000. Please confirm that the $15M requirement is for the overall project value and the value of the airfield lighting portion of the overall project can be less than $15M.

A5 RESPONSE: The $15M requirement applies to the overall project value.

Q6 BIDDER INQUIRY: Section 01 00 00, paragraph 2.2.1.b requires a "Proposal Cover Sheet", is the cover sheet placed in each Volume? If not, please advise which Volume the Proposal Cover Sheet is to be placed.

A6 RESPONSE: One cover sheet is required in front of volume 1.

Q7 BIDDER INQUIRY: Section 01 00 00, paragraph 3.3.2 requires project examples "showing similar airfield paving" and similar Scope is defined as "construction of airfield pavements". The WSAAF project includes both asphalt airfield paving and concrete airfield paving.

Question #1: Does each of the airfield paving project examples need to show both types of paving?

Question #2: Is the Scope requirement met when either asphalt or concrete airfield pavement alone are demonstrated in the example project?

A7 RESPONSE: A#1: No. A#2: Projects with concrete and asphalt are considered to be more similar than projects with only asphalt or only concrete.

Q8 BIDDER INQUIRY: Section 01 00 00, Volume 1 - Factor 1; in addition to the PPQ forms this section indicates the submission of performance recognition documents issued within the last 7 years. Are these recognition documents specific to the project examples or for any project of the Offeror or Contractor Team Member within the stated time period.

A8 RESPONSE: The recognition documents are for any project of the Offeror or Contractor Team Member within the stated time period.

Q9 BIDDER INQUIRY: Section 01 00 00, Volume 1 - Factor 1, paragraph 3.3.3.viii.d and paragraph 3.3.2.viii.d; lists project attributes that will be considered to be a weakness if the project examples provided do not include these attributes, they are: repair and/or replacement of existing building systems such as mechanical, electrical, and plumbing systems. These attributes are not relevant to this project and would not likely be part of the scope of any of the example projects that demonstrate airfield paving and airfield lighting experience. Please confirm that the above noted attributes belong in these past performance criteria.

A9 RESPONSE: Confirmed. These attributes belong in the past performance criteria. This project requires the successful offeror to construct a new Air Field Lighting Vault.

Q10 BIDDER INQUIRY: Section 01 00 00, Volume 1 - Factor 1, paragraph 3.3.2., 8th paragraph, states in part: "Proposals may be highly rated when the Offeror demonstrates extensive experience in all or nearly all of the aspects defining relevance and listed below". The terms "extensive" and "nearly all" are subjective are subjective and should be better defined so Offerors have an understanding how the higher ratings will be assessed.

A10 RESPONSE: The sentence in question will not be revised.

Q11 BIDDER INQUIRY: Specification Section 01 32 01.00 10, 3.1 and 3.1.2, please clarify the project schedule submissions. Paragraph 3.1.2 indicates to provide separate Detail Preliminary, Initial, Baseline schedules. However submission timelines are only provided for Preliminary schedule, 15 calendar days after NTP and Initial Baseline schedule, 42 days after NTP. Is the Initial and Baseline schedule one and the same?

A11 RESPONSE: 01 32 01.00 10, 3.1 requires a preliminary baseline schedule, and a detailed initial baseline schedule, to be submitted within 15 and 42 calendar days after NTP respectively. The initial and baseline schedule submissions are one and the same.

Q12 BIDDER INQUIRY: Specification Section 01 45 00, paragraph 1.6.6 "Experience Matrix", Electrical QC Specialist. Please confirm that the Electrical QC Specialist can be a Graduate Electrical Engineer with a New York PE and 2 years related experience OR a Level II certified electrician with 5 years of experience supervising electrical features of work in the field with a construction company.

A12 RESPONSE: Electrical QC Specialist must meet the requirements as written; they must be a Graduate Electrical Engineer with a PE in NY state AND (have 2 years related experience or 5 years of experience supervising electrical features of work in the field with a construction company), and must be a Level II certified electrician.

Q13 BIDDER INQUIRY: Specification Section 32 13 14.13, paragraph 2.2.1 specifies the Portland Cement to be ASTM C150/C150M, Type I or II. Type I or II cement is not available regionally and producers are supplying Type IL cement. Will the use of Type IL be acceptable?

A13 RESPONSE: Type IL cement will not be acceptable. Provide cement in accordance with project specifications.

Q14 BIDDER INQUIRY: Specification Section 32 13 14.13, paragraph 2.11.2.4 states " Truck mixers are not allowed for mixing or transporting slip formed paving concrete. Provide only truck mixers designed for mixing or transporting paving concrete with extra large blading and rear opening specifically for low-slump paving concrete. Please clarify if truck mixers are permitted for use in transporting airfield paving concrete.

A14 RESPONSE: Truck mixers are not permitted for mixing or transporting slipformed paving concrete.

Truck mixers are permitted for mixing and transporting hand-placed concrete. Provide mixers in accordance with project specifications.

Q15 BIDDER INQUIRY: The plans call to remove up to 30,000LF of single and multiway electrical conduit in dirt. The majority of this is in areas inside the RSA and not in the way of the new conduit or structures being installed. In order to save time and cost to the Gov, we would like to propose removing the cable and making safe the conduit and proceeding to abandon the conduit only removing in places where new conduit needs to go. We would demolish all manholes/handholes and pull boxes to be removed. Please advise if this is acceptable.

A15 RESPONSE: Abandoning of conduit is not permitted. Conduit/ ductbank is to be removed as indicated in the contract drawings

Q16 BIDDER INQUIRY: Dwg S-301, detail A16 notates "12" CONC FDN WALL", however with a 9" wide brick shelf and minimum 8" wide curb for the 8" CMU block this is impossible. Please provide actual width of foundation wall at perimeter of building.

A16 RESPONSE: Base of the foundation wall is 17".

Q17 BIDDER INQUIRY: Basis of Award Document, paragraph 3.5.iii Volume 1 - Factor 3 - Organizational Approach; states in part "The Offeror should identify any specific firms chosen as key subcontractors for Concrete Mix Design, Paving, Airfield Lighting Vault..."

Question #1 - Regarding 'Paving', is this related to the concrete airfield paving, asphalt airfield paving or both?

Question #2 - Regarding 'Airfield Lighting Vault', is this related to the physical building that is the Airfield Lighting Vault or the lighting control systems within the Airfield Lighting Vault?

A17 RESPONSE: A#1: The basis of award is clear. If the offeror identifies a specific firm for paving, they should identify if it was for non-airfield concrete paving, non-airfield asphalt paving, airfield concrete paving, and/or airfield asphalt paving.

A#2: The basis of award is clear. The offeror should identify any specific firms chosen for the Air Field Lighting Vault and anything within the Air Field Lighting Vault.

Q18 BIDDER INQUIRY: The Interior Finish Schedule on sheet I-101 titled FIRST FLOOR PLAN - FINISHES states the Utility Room is to receive flooring RF1, Static-Control Resilient Floor. The First Floor Finish Plan on sheet I-101 shows the Utility Room receiving SC1, Sealed Concrete. Please clarify whether the Utility Room should receive RF1 or SC1.

A18 RESPONSE: Utility is to receive RF1 throughout the room.

Q19 BIDDER INQUIRY: Regarding surface smoothness testing for the new PCC airfield paving, Section 2.1.1 of Specification 32 13 14.13 states "..Smoothness requirements do not apply over crowns, drainage structures, or similar penetrations". Please confirm that surface smoothness testing requirements can be relaxed specifically for areas around new light foundations as they are similar to a drainage structure, and areas of tie-ins to existing concrete pavements as we have no control of those existing transitions.

A19 RESPONSE: No, surface smoothness requirements apply to areas around in-pavement light foundations. See Section 3.6.7 Pavement Penetrations for requirements for these areas.

Smoothness testing is required for all placed airfield concrete on the project. Complete smoothness testing in accordance with 2.1.1. The determination if a failed smoothness test between existing to new concrete was a result of existing conditions will be determined on a case-by-case basis during review of the lot submittals

Q20 BIDDER INQUIRY: On drawings S-201 & S-202, top of wall is shown as CMU block cut to match roof slope. In lieu of cutting down CMU block, is a formed sloped cast-in-place concrete bond beam acceptable?

A20 RESPONSE: It is acceptable for a formed sloped cast-in-place concrete bond beam to be installed in-lieu of cutting down CMU block for the sloped walls. The specifications require this to be proposed during construction should the contractor choose to do so, and it must be noted as a variation and will be subject to the submission and approval process. Note that the contractor is responsible for the design and coordination of the cast-in-place concrete bond beam, along with any conflicts that may result from this substitution.

Q21 BIDDER INQUIRY: Section 2.5 of Specification 32 12 15.13 states "Design the asphalt mixture using the Superpave gyratory compactor set at 75 gyrations for full-strength airfield pavement or 50 gyrations for airfield shoulder pavement using the procedures contained in AI MS-2 and the criteria shown in Table 8". Section 2.3.4 states "Gradation 1 will be used for asphalt base course. Gradation 2 will be used for asphalt intermediate course and full strength asphalt surface course. Gradation 3 will be used for asphalt surface course for airfield shoulder and non-airfield pavement". It appears Gradation 3 would always only be 50 gyrations, but Gradation 1 and 2 could be both 50 and 75 gyrations. Please confirm?

A21 RESPONSE: Yes, that is correct.

Q22 BIDDER INQUIRY: Reference Detail J2/EA506 regarding the new casings / sleeves for the multi-way 2" conduit ductbanks. The schedule listing the quantities of conduits under Detail J2 show 6 EA separate 2" conduits being placed in a single casing / sleeve at most. After discussions with our specialized airfield lighting subcontractor, in their previous experience they have pulled 6 EA 2" conduits utilizing no casing and grout fill. Please confirm for bidding purposes if it is the Contractor's option to either drill and pull the conduits depicted by J2/EA506, or for bidding purposes must we provide and pull a casing / sleeve with conduits inside of that and grout per Detail J2?

A22 RESPONSE: Casing/ sleeve housing conduits and grout as indicated on Drawing EA506 is required.

Q23 BIDDER INQUIRY: The original solicitation indicated a performance period of 852 calendar days and the Construction Schedule shown on drawing GC100 reflected that time period with an award date of +/-1 July 2026 and a completion of Phases 1 and 2 of +/-1 November 2028. Note 5 on GC100 indicated a 6 month close out period after the completion of Phase 1 and 2 that was not included in the 852 calendar day performance period.

Amendment 03 has been issued with a revision to Section 01 11 00, 1.1.a that states the Contractor is to "...complete the entire work ready for use not later than 760 calendar days after the Contractor receives the notice to proceed."

Drawing GC100 has been reissued by amendment 003 with the Construction Schedule revised with an award date of +/-1 April 2026 and a completion of Phases 1 and 2 +/-1 November 2027 which represents a duration of 579 calendar days.

A23 RESPONSE: Part 1: Note 5 on GC100 does not alleviate the contractor from meeting the period of performance requirement outlined in 01 11 00 Summary of Work, 1.1.a FAR 52.211-10, Commencement, Prosecution, and Completion of Work. The six months referenced for completion of project closeout activities in Note 5 on GC100 is not in addition to the period of performance duration.

Q24 BIDDER INQUIRY: Is intent for the 72-hour emergency operational performance test as outlined in spec 26 32 15.00 para 3.6.11 to have fuel supplied exclusively and only from the internal day tank or external tank or a combination of both day tank and external tank?

A24 RESPONSE: The intent is for the external tank to support the 72-hour emergency requirement but with the additional capacity in the day tank this time frame can be extended slightly if needed.

Q25 BIDDER INQUIRY: Are all regulators and switchgear setups on EA601 of Addendum 2 (PROPOSED SWITCHGEAR CONSTANT CURRENT REGULATOR SCHEDULE) new and to be furnished, or existing to remain?

A25 RESPONSE: All constant current regulators and switchgear setups on EA601 of Addendum 2 (PROPOSED SWITCHGEAR CONSTANT CURRENT REGULATOR SCHEDULE) are to be furnished.

Q26 BIDDER INQUIRY: Please advise as to the bid bond security amount, is the usual 20% and $3M maximum correct?

A26 RESPONSE: The amount of the bid guarantee shall be 20% (twenty) percent of the bid price or $3,000,000.00, whichever is less.

Q27 BIDDER INQUIRY: Section 01 00 00, Volume 1 - Factor 2, paragraph 3.4, 3rd paragraph, 2nd sentence states: "Discuss critical path activities that have the greatest risk to project delivery including destructive testing early". Please clarify what is meant by "including destructive testing early".

A27 RESPONSE: The Basis of Award section 01 00 00, Volume 1 - Factor 2, paragraph 3.4, 3rd paragraph, 2nd sentence has been revised and reissued to state: "Discuss critical path activities that have the greatest risk to project delivery including destructive testing."

Q28 BIDDER INQUIRY: Section 01 00 00, Volume 1 - Factor 2, paragraph 3.4.1, Weaknesses, 3rd sentence states: "The Government will not award to an Offeror who receives an Unsatisfactory rating for this factor", please confirm that this is Unacceptable vs. Unsatisfactory rating.

A28 RESPONSE: Section 01 00 00, Volume 1 - Factor 2, paragraph 3.4.1, Weaknesses, 3rd sentence has been revised and reissued to state: ""The Government will not award to an Offeror who receives an Unacceptable rating for this factor."

Q29 BIDDER INQUIRY: Section 00 70 00 contains two payment clauses, 52.232-5 "Payments under Fixed-Price Construction Contracts" and 52.232-16 "Progress Payments". Each clause stipulates differing payment terms. Progress payments are typically assessed based on progress toward completion, the percentage complete as established through the cost loaded progress schedule as stated in 01 32 01.00 10,

3.2 which aligns with the provisions of 52.232-5.

FAR 32.111(a)(5) provides guidance as to the appropriate payment clause to use and states: "The clause 52.232-5, Payments under Fixed Price Construction Contracts, (is to be used) in solicitations and contracts for construction when fixed-price contract is contemplated". This solicitation is for a fixed price contract.

Further FAR 32.500(b), which the subpart FAR 32.5 "Progress Payments Based on Costs" associated with 52.232-16 falls under, specifically states "This subpart does not apply to contracts for construction".

Please confirm that FAR 52.232-16 does not apply to this solicitation.

A29 RESPONSE: FAR 52.232-16 does not apply to this solicitation and has been removed with Amendment 0006.

Q30 BIDDER INQUIRY: The SF1442 indicates a performance period of 852 calendar days after a proposal review period of 240 calendar days (Block 13.d). The Construction Schedule of the Phases shown on sheet GC100 essentially follows the time period stipulated in the SF1442 with a project award of +/-late June 2026. It appears that based on the Phase schedule on GC100 the start of the Phase 2 work is restricted to starting no earlier than 1 March 2028. Should the contract award be made earlier than the stated 240 calendar day period and with the 1 March 2028 restriction the stated performance period of 852 calendar days would have to be increased due to the restricted start of Phase 2. With an earlier award the time period between the award and start of Phase 2 has been increased over the planned schedule outlined on GC100. Please advise how the performance period will be adjusted in the event of an award earlier than the stated 240 calendar day time period.

A30 RESPONSE: See Amendment 3 for revised period of performance and phasing.

Section 00 72 00 - General Conditions

The following clauses were deleted:

FAR Clauses Incorporated by Full Text

52.232-16 Progress Payments. (Nov 2021)

Progress Payments (Nov 2021)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

Computation of amounts.(a)

Unless the Contractor requests a smaller amount, the Government will compute each progress (1) payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under Federal Acquisition Regulation (FAR)31.205-10 as an incurred cost for progress payment purposes.

The amount of financing and other payments for supplies and services purchased directly for the (2) contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors-

In accordance with the terms and conditions of a subcontract or invoice; and(i)

Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.(ii)

The Government will exclude accrued costs of Contractor contributions under employee pension (3) plans until actually paid unless-

The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; (i) and

The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter (ii) payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

The Contractor shall not include the following in total costs for progress payment purposes in (4) paragraph (a)(1) of this clause:

Costs that are not reasonable, allocable to this contract, and consistent with sound and generally (i) accepted accounting principles and practices.

Costs incurred by subcontractors or suppliers.(ii)

Costs ordinarily capitalized and subject to depreciation or amortization except for the properly (iii) depreciated or amortized portion of such costs.

Payments made or amounts payable to subcontractors or suppliers, except for-(iv)

Completed work, including partial deliveries, to which the Contractor has acquired title; and(A)

Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has (B) acquired title.

The amount of unliquidated progress payments may exceed neither (i) the progress payments made (5) against incomplete work (including allowable unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

The total amount of progress payments shall not exceed 80 percent of the total contract price.(6)

If a progress payment or the unliquidated progress payments exceed the amounts permitted by (7) paragraphs (a)(4) or (a)(5) of this clause, the Contractor shall repay the amount of such excess to the Government on demand.

Notwithstanding any other terms of the contract, the Contractor agrees not to request progress (8) payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the (9) contract price of the items.

. Except as provided in the Termination for Convenience of the Government clause, all (b) Liquidation progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

. The Contracting Officer may reduce or suspend progress payments, increase (c) Reduction or suspension the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

The Contractor failed to comply with any material requirement of this contract (which includes (1) paragraphs (f) and (g) of this clause).

Performance of this contract is endangered by the Contractor's-(2)

Failure to make progress; or(i)

Unsatisfactory financial condition.(ii)

Inventory allocated to this contract substantially exceeds reasonable requirements.(3)

The Contractor is delinquent in payment of the costs of performing this contract in the ordinary (4) course of business.

The fair value of the undelivered work is less than the amount of unliquidated progress payments for (5) that work.

The Contractor is realizing less profit than that reflected in the establishment of any alternate (6) liquidation rate in paragraph (b) of this clause, and that rate is less than the progress payment rate stated in paragraph (a)(1) of this clause.

Title.(d)

Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be (1) immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

"Property," as used in this clause, includes all of the below-described items acquired or produced by (2) the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

Parts, materials, inventories, and work in process;(i)

Special tooling and special test equipment to which the Government is to acquire title;(ii)

Nondurable ( noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, (iii) i.e., and other similar manufacturing aids, title to which would not be obtained as special tooling under paragraph (d)(2)(ii) of this clause; and

Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver (iv) them to the Government by other clauses of this contract.

Although title to property is in the Government under this clause, other applicable clauses of this (3) contract; the termination clauses, shall determine the handling and disposition of the property.e.g., The Contractor may sell any scrap resulting from production under this contract without requesting (4) the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.

To acquire for its own use or dispose of property to which title is vested in the Government under this (5) clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms.

The Contractor shall (i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

When the Contractor completes all of the obligations under this contract, including liquidation of all (6) progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not-

Delivered to, and accepted by, the Government under this contract; or(i)

Incorporated in supplies delivered to, and accepted by, the Government under this contract and to (ii) which title is vested in the Government under this clause.

The terms of this contract concerning liability for Government-furnished property shall not apply to (7) property to which the Government acquired title solely under this clause.

. Before delivery to and acceptance by the Government, the Contractor shall bear the risk (e) Risk of loss of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost (see 45.101).

. The Contractor shall maintain an accounting system and controls (f) Control of costs and property adequate for the proper administration of this clause.

Reports, forms, and access to records.(g)

The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent (1) information (including estimates to complete) reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts.

The Contractor shall furnish estimates to complete that have been developed or updated within six (2) months of the date of the progress payment request. The estimates to complete shall represent the Contractor's best estimate of total costs to complete all remaining contract work required under the contract. The estimates shall include sufficient detail to permit Government verification.

Each Contractor request for progress payment shall:(3)

Be submitted on Standard Form 1443, Contractor's Request for Progress Payment, or the electronic (i) equivalent as required by agency regulations, in accordance with the form instructions and the contract terms; and

Include any additional supporting documentation requested by the Contracting Officer.(ii)

. If this contract is terminated under the Default clause, (i) the (h) Special terms regarding default Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments and

(ii) title shall vest in the Contractor, on full liquidation of progress payments, for all property for which the Government elects not to require delivery under the Default clause. The Government shall be liable for no payment except as provided by the Default clause.

Reservations of rights.(i)

No payment or vesting of title under this clause shall-(1)

Excuse the Contractor from performance of obligations under this contract; or(i)

Constitute a waiver of any of the rights or remedies of the parties under the contract.(ii)

The Government's rights and remedies under this clause-(2)

Shall not be exclusive but rather shall be in addition to any other rights and remedies provided by law (i) or this contract; and

Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or (ii) privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

The financing payments to subcontractors mentioned in (j) Financing payments to subcontractors.

paragraphs (a)(1) and (a)(2) of this clause shall be all financing payments to subcontractors or divisions, if the following conditions are met:

The amounts included are limited to-(1)

The unliquidated remainder of financing payments made; plus(i)

Any unpaid subcontractor requests for financing payments.(ii)

The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months (2) between the beginning of work and the first delivery; or, if the subcontractor is a small business concern, 4 months.

If the financing payments are in the form of progress payments, the terms of the subcontract or (3) interdivisional order concerning progress payments-

Are substantially similar to the terms of this clause for any subcontractor that is a large business (i) concern, or this clause with its Alternate I for any subcontractor that is a small business concern;

Are at least as favorable to the Government as the terms of this clause;(ii)

Are not more favorable to the subcontractor or division than the terms of this clause are to the (iii) Contractor;

Are in conformance with the requirements of FAR 32.504(e); and(iv)

Subordinate all subcontractor rights concerning property to which the Government has title under the (v) subcontract to the Government's right to require delivery of the property to the Government if-

The Contractor defaults; or(A)

The subcontractor becomes bankrupt or insolvent.(B)

If the financing payments are in the form of performance-based payments, the terms of the (4) subcontract or interdivisional order concerning payments-

Are substantially similar to the Performance-Based Payments clause at FAR 52.232-32 and meet the (i) criteria for, and definition of, performance-based payments in FAR part 32;

Are in conformance with the requirements of FAR 32.504(f); and(ii)

Subordinate all subcontractor rights concerning property to which the Government has title under the (iii) subcon-tract to the Government's right to require delivery of the property to the Government if-

The Contractor defaults; or(A)

The subcontractor becomes bankrupt or insolvent.(B)

If the financing payments are in the form of commercial product or commercial service financing (5) payments, the terms of the subcontract or interdivisional order concerning payments-

Are constructed in accordance with FAR 32.206(c) and included in a subcontract for a commercial (i) product or commercial service purchase that meets the definition and standards for acquisition of commercial products and commercial services in FAR parts 2 and 12;

Are in conformance with the requirements of FAR 32.504(g); and(ii)

Subordinate all subcontractor rights concerning property to which the Government has title under the (iii) subcontract to the Government's right to require delivery of the property to the Government if-

The Contractor defaults; or(A)

The subcontractor becomes bankrupt or insolvent.(B)

If financing is in the form of progress payments, the progress payment rate in the subcontract is the (6) customary rate used by the contracting agency, depending on whether the subcontractor is or is not a small business concern.

Concerning any proceeds received by the Government for property to which title has vested in the (7) Government under the subcontract terms, the parties agree that the proceeds shall be applied to reducing any unliquidated financing payments by the Government to the Contractor under this contract.

If no unliquidated financing payments to the Contractor remain, but there are unliquidated financing (8) payments that the Contractor has made to any subcontractor, the Contractor shall be subrogated to all the rights the Government obtained through the terms required by this clause to be in any subcontract, as if all such rights had been assigned and transferred to the Contractor.

To facilitate small business participation in subcontracting under this contract, the Contractor shall (9) provide financing payments to small business concerns, in conformity with the standards for customary contract financing payments stated in FAR 32.113. The Contractor shall not consider the need for such financing payments as a handicap or adverse factor in the award of subcontracts.

. Notwithstanding any other progress payment provisions (k) Limitations on undefinitized contract actions in this contract, progress payments may not exceed 80 percent of costs incurred on work accomplished under undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes. This limitation shall apply to the costs incurred, as computed in accordance with paragraph (a) of this clause, and shall remain in effect until the contract action is definitized. Costs incurred which are subject to this limitation shall be segregated on Contractor progress payment requests and invoices from those costs eligible for higher progress payment rates. For purposes of progress payment liquidation, as described in paragraph (b) of this clause, progress payments for undefinitized contract actions shall be liquidated at 80 percent of the amount invoiced for work performed under the undefinitized contract action as long as the contract action remains undefinitized. The amount of unliquidated progress payments for undefinitized contract actions shall not exceed 80 percent of the maximum liability of the Government under the undefinitized contract action or such lower limit specified elsewhere in the contract. Separate limits may be specified for separate actions.

. The designated payment office will make progress payments on the [Contracting (l) Due date 30th Officer insert date as prescribed by agency head; if not prescribed, insert "30th"] day after the designated billing office receives a proper progress payment request. In the event that the Government requires an audit or other review of a specific progress payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date. Progress payments are considered contract financing and are not subject to the interest penalty provisions of the Prompt Payment Act.

. The Contractor shall account for and submit (m) Progress payments under indefinite-delivery contracts progress payment requests under individual orders as if the order constituted a separate contract, unless otherwise specified in this contract.

(End of clause)

KO CONTRACTING DIVISION, 26 FEDERAL PLAZA ROOM 16 300

NEW YORK, NY 10278-0004

UNITED STATES

JORDAN MORAN, EMAIL: JORDAN.K.MORAN@USACE.ARMY.MIL TELEPHONE: (917) 790-8121

AdminBy:

SCD: PAS: