18B0013Amendment0004.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

Naval Submarine Base Kings Bay, Maintenance Dredging, 44, 45 and 47-Foot Project Camden County, Georgia

A. See Continuation Sheet for Amendments details.

B. The Proposal Due Date Remain Unchanged 31 Jan 2019 @ 2:00 PM Local Time.

C. All other Terms and Condiions remain uchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 276

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

16C. DATE SIGNED

BY

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912EP18B0013

X 9B. DATED (SEE ITEM 11)

15-Nov-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

18-Jan-2019

CODE

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

W912EP 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

X

SF 30 CONTINUATION SHEET

Naval Submarine Base Kings Bay, Maintenance Dredging, 44, 45 and 47-Foot Project

Camden County, Georgia

W912EP18B0013 2 Amendment 0004

SUMMARY OF CHANGES

1. SPECIFICATIONS:

The text changes have been updated with additions noted by underlined text and deletions noted by line/cross-outs, and pertain only to changes made by this amendment. The entire section is replaced if there is any change. The Project Table of Contents and Submittal

Register are replaced without underlines and cross-outs if there are changes to these documents.

Changes to Specifications:

DELETE Section 00010A and REPLACE with the attached revised Section 00010A.

DELETE Section 00700 Contract Clauses and REPLACE with the attached revised Section 00700

Contract Clauses. (Clauses 52.211-10 and 52.211-12 have been modified)

DELETE Section 00800A and REPLACE with the attached revised Section 00800A.

DELETE Section 01 11 00 and REPLACE with the attached revised Section 01 11 00.

DELETE Section 01 22 00 and REPLACE with the attached revised Section 01 22 00.

DELETE Section 01 30 00 and REPLACE with the attached revised Section 01 30 00.

DELETE Section 35 20 23 and REPLACE with the attached revised Section 35 20 23.

DELETE Section 35 20 23 Appendix A and REPLACE with the attached revised Section

35 20 23 Appendix A.

2. DRAWINGS:

DELETE Sheet ID C-11 and REPLACE with the attached revised Sheet ID C-11.

(End of Summary of Changes)

SECTION 00010A

LINE ITEMS AND PRICING SCHEDULE

NAVAL SUBMARINE BASE KINGS BAY, MAINTENANCE DREDGING

44, 45, AND 47-FOOT PROJECT, CAMDEN COUNTY, GEORGIA

W912EP18B0013 00010A-1 Amendment 0004

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

BASE:

0001 MOBILIZATION AND DEMOBILIZATION 1 JOB $_______________

0002 and EXCAVATION, UNCLASSIFIED;

0003 below STATION 43+300 TO STATION 48+175

AND UPPER TURNING BASIN

(ESTIMATED QUANTITIES - SEE NOTE 2)

0002 UP TO 150,000 CUBIC YARDS (CY) 150,000 CUBIC YARD $___________ $_______________

0003 FROM 150,001 CY TO 300,000 CY 150,000 CUBIC YARD $___________ $_______________

0004 and EXCAVATION, UNCLASSIFIED;

0005 below STATION 39+141 TO STATION 43+300

AND EXPLOSIVE HANDLING BASIN

(ESTIMATED QUANTITIES - SEE NOTE 2)

0004 UP TO 400,000 CUBIC YARDS (CY) 400,000 CUBIC YARD $___________ $_______________

0005 FROM 400,001 CY TO 600,000 CY 200,000 CUBIC YARD $___________ $_______________

0006 and EXCAVATION, UNCLASSIFIED;

0007 below STATION 31+800 TO STATION 39+141 AND

MAGNETIC SILENCING FACILITY (MSF) NORTH

(ESTIMATED QUANTITIES - SEE NOTE 2)

0006 UP TO 150,000 CUBIC YARDS (CY) 150,000 CUBIC YARD $___________ $_______________

0007 FROM 150,001 CY TO 230,000 CY 80,000 CUBIC YARD $___________ $_______________

0008 and EXCAVATION, UNCLASSIFIED; SITE SIX NORTH 0009 below STATION 36+850 TO STATION 38+800

(ESTIMATED QUANTITIES - SEE NOTE 2)

0008 UP TO 40,000 CUBIC YARDS (CY) 40,000 CUBIC YARD $___________ $_______________

0009 FROM 40,001 CY TO 70,000 CY 30,000 CUBIC YARD $___________ $_______________

0010 and STANDBY TIME (SEE NOTE 5) 0011 below (ESTIMATED QUANTITIES)

0010 UP TO 24 HOURS 24 HOUR $___________ $_______________

0011 FROM 24 HOURS TO 120 HOURS 96 HOUR $___________ $_______________

0012 BIRD MONITORING (SEE NOTE 7) 1 JOB $_______________

0013 PARTNERING REGROUP (SEE NOTE 9) 1 EACH $___________ $_______________

TOTAL BASE (LINE ITEMS 0001 THROUGH 0013): $_______________

NAVAL SUBMARINE BASE KINGS BAY, MAINTENANCE DREDGING

44, 45, AND 47-FOOT PROJECT, CAMDEN COUNTY, GEORGIA

W912EP18B0013 00010A-2 Amendment 0004

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

OPTION A:

0014 and EXCAVATION, UNCLASSIFIED; SITE SIX SOUTH 0015 below AND ARDM YOKE;

STATION 34+233.1 TO STATION 36+548;

(ESTIMATED QUANTITIES - SEE NOTE 2)

0014 UP TO 30,000 CUBIC YARDS (CY) 30,000 CUBIC YARD $___________ $_______________

0015 FROM 30,001 CY TO 55,000 CY 25,000 CUBIC YARD $___________ $_______________

0016 BIRD MONITORING (SEE NOTE 7) 1 JOB $_______________

TOTAL OPTION A (LINE ITEMS 0014 THROUGH 0016) $_______________

TOTAL BASE PLUS OPTION A (LINE ITEMS 0001 THROUGH 0016) $_______________

OPTION B:

0017 and EXCAVATION, UNCLASSIFIED;

0018 below EXPLOSIVE HANDLING WHARVES (EHW)

STATION 41+420 TO STATION 43+320

(ESTIMATED QUANTITIES - SEE NOTE 2)

0017 UP TO 20,000 CUBIC YARDS (CY) 20,000 CUBIC YARD $___________ $_______________

0018 FROM 20,001 CY TO 35,000 CY 15,000 CUBIC YARD $___________ $_______________

0019 BIRD MONITORING (SEE NOTE 7) 1 JOB $_______________

TOTAL OPTION B (LINE ITEMS 0017 THROUGH 0019) $_______________

TOTAL BASE PLUS OPTIONS A & B (LINE ITEMS 0001 THROUGH 0019) $_______________

OPTION C:

0020 and EXCAVATION, UNCLASSIFIED;

0021 below REFIT WHARVES

STATION 45+850.4 TO STATION 48+175

(ESTIMATED QUANTITIES - SEE NOTE 2)

0020 UP TO 10,000 CUBIC YARDS (CY) 10,000 CUBIC YARD $___________ $_______________

0021 FROM 10,001 CY TO 20,000 CY 10,000 CUBIC YARD $___________ $_______________

0022 BIRD MONITORING (SEE NOTE 7) 1 JOB $_______________

TOTAL OPTION C (LINE ITEMS 0020 THROUGH 0022) $_______________

TOTAL BASE PLUS OPTIONS A, B & C (LINE ITEMS 0001 THROUGH 0022) $_______________

NAVAL SUBMARINE BASE KINGS BAY, MAINTENANCE DREDGING

44, 45, AND 47-FOOT PROJECT, CAMDEN COUNTY, GEORGIA

W912EP18B0013 00010A-3 Amendment 0004

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

OPTION D:

0023 EXCAVATION, UNCLASSIFIED; DRYDOCK

CAISSON GATE SILL AND DRYDOCK CAISSON

GATE MOORING FACILITY 1 JOB $___________ $_______________

0024 BIRD MONITORING (SEE NOTE 7) 1 JOB $_______________

TOTAL OPTION D (LINE ITEMS 0023 AND 0024) $_______________

TOTAL BASE PLUS OPTIONS A, B, C & D (LINE ITEMS 0001 THROUGH 0024) $_______________

OPTION E:

0025 FIELD-CUT WEIR RISER BOARDS

(ESTIMATED QUANTITY) 200 EACH $___________ $_______________

TOTAL OPTION E (LINE ITEM 0025) $_______________

TOTAL BASE PLUS OPTIONS A, B, C, D & E (LINE ITEMS 0001 THROUGH 0025) $_______________

OPTION F:

0026 EXCAVATION, UNCLASSIFIED;

INTERIOR OF MAGNETIC SILENCING FACILITY (MSF) 1 JOB $_______________

0027 BIRD MONITORING (SEE NOTE 7) 1 JOB $_______________

TOTAL OPTION F (LINE ITEMS 0026 AND 0027) $_______________

TOTAL BASE PLUS OPTIONS A, B, C, D, E & F (LINE ITEMS 0001 THROUGH 0027) $_______________

OPTION G:

0028 EXCAVATION, UNCLASSIFIED;

MAGNETIC SILENCING FACILITY (MSF) SOUTH

STATION 30+368 TO STATION 31+949

(ESTIMATED QUANTITY - SEE NOTE 2) 65,000 CUBIC YARD $___________ $_______________

0029 BIRD MONITORING (SEE NOTE 7) 1 JOB $_______________

TOTAL OPTION G (LINE ITEMS 0028 AND 0029) $_______________

TOTAL BASE PLUS OPTIONS A, B, C, D, E, F & G (LINE ITEMS 0001 THROUGH 0029) $_______________

NAVAL SUBMARINE BASE KINGS BAY, MAINTENANCE DREDGING

44, 45, AND 47-FOOT PROJECT, CAMDEN COUNTY, GEORGIA

W912EP18B0013 00010A-4 Amendment 0004

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

OPTION H:

SECONDARY MAINTENANCE DREDGING

0030 MOBILIZATION AND DEMOBILIZATION 1 JOB $_______________

0031 EXCAVATION, UNCLASSIFIED;

SITE SIX SOUTH AND ARDM YOKE

(ESTIMATED QUANTITY - SEE NOTE 2) 40,000 CUBIC YARD $___________ $_______________

0032 EXCAVATION, UNCLASSIFIED;

EXPLOSIVE HANDLING WHARVES (EHW)

(ESTIMATED QUANTITY - SEE NOTE 2) 15,000 CUBIC YARD $___________ $_______________

0033 EXCAVATION, UNCLASSIFIED;

REFIT WHARVES

(ESTIMATED QUANTITY - SEE NOTE 2) 10,000 CUBIC YARD $___________ $_______________

0034 EXCAVATION, UNCLASSIFIED; DRYDOCK

CAISSON GATE SILL AND DRYDOCK CAISSON

GATE MOORING FACILITY 1 JOB $___________ $_______________

0035 BIRD MONITORING (SEE NOTE 7) 1 JOB $_______________

0036 STANDBY TIME (SEE NOTE 5) 24 HOUR $___________ $_______________

TOTAL OPTION H (LINE ITEMS 0030 THROUGH 0036) $_______________

TOTAL BASE PLUS OPTIONS A, B, C, D, E, F, G & H (LINE ITEMS 0001 THROUGH 0036) $_______________

OPTION J:

ADDITIONAL PIPELINE

0037 ADDITIONAL PIPELINE (ESTIMATED QUANTITY) 1,250 LINEAR FOOT $___________ $_______________

TOTAL OPTION J (LINE ITEM 0037) $_______________

TOTAL BID (LINE ITEMS 0001 THROUGH 0037) $_______________

NOTES: (1) OFFEROR MUST PRICE ALL LINE ITEMS.

(2) QUANTITY INCLUDES REQUIRED DEPTH, ALLOWABLE OVERDEPTH AND SHOALING ESTIMATED TO OCCUR BETWEEN DATES OF SURVEYS SHOWN ON DRAWINGS AND ACTUAL DREDGING. (SEE CLAUSE 999.211-1)

(3) FAILURE TO COMPLETE AND RETURN ALL REQUIRED SUBMISSIONS (SF 1442, SECTION 00010A, SECTION 00101, AND BID GUARANTEE) COULD RENDER YOUR BID NON-RESPONSIVE. SEE PARAGRAPH 999.214-4018 (SECTION 00100)

(4) THE GOVERNMENT RESERVES THE RIGHT TO EXERCISE OPTIONAL ITEMS IN ACCORDANCE WITH FAR CLAUSES 52.211-10 AND 52.217-7 (SECTION 00700). THE CONTRACTOR SHALL NOTIFY THE CONTRACTING OFFICER, IN WRITING, A MINIMUM OF 7 DAYS PRIOR TO THE ANTICIPATED DATE OF THE DEMOBILIZATION OF A DREDGE PLANT.

SEE NEXT PAGE FOR NOTES 5 THROUGH 10.

NAVAL SUBMARINE BASE KINGS BAY, MAINTENANCE DREDGING

44, 45, AND 47-FOOT PROJECT, CAMDEN COUNTY, GEORGIA

W912EP18B0013 00010A-5 Amendment 0004

(5) STANDBY TIME IS DEFINED AS WHEN THE DREDGE PLANT IS NOT IN OPERATION AT THE DIRECTION OF THE CONTRACTING OFFICER OR ADMINISTRATIVE CONTRACTING OFFICER. STANDBY TIME SHALL BE UTILIZED ONLY DUE TO THE PRESENCE OF ENDANGERED SPECIES IN THE IMMEDIATE AREA OF THE DREDGING OPERATIONS, DIFFERING SITE CONDITIONS, SECURITY OPERATIONS OR OTHER CONDITIONS AS DETERMINED BY THE CONTRACTING OFFICER. STANDBY TIME IS NOT AFFORDED FOR DELAYS CAUSED BY ADVERSE WEATHER CONDITIONS. THIS LINE ITEM IS NOT SUBJECT TO THE VARIATION IN ESTIMATED QUANTITY CLAUSE, AND PAYMENT WILL ONLY BE MADE FOR ACTUAL STANDBY TIME REQUIRED BY THE CONTRACTING OFFICER. SEE SECTION 01 22 00 MEASUREMENT AND PAYMENT AND SECTION 01 57 20 ENVIRONMENTAL PROTECTION.

(6) FOR THE SECURITY REQUIREMENTS, SEE PARAGRAPH "NAVAL SUBMARINE BASE KINGS BAY STATION ACCESS/

REGULATIONS" AND APPENDICES OF SECTION 01 11 00 SUMMARY OF WORK.

(7) PAYMENT WILL BE MADE FOR BIRD MONITORING IN ACCORDANCE WITH SECTION 01 57 20.

(8) FOR BIDDING PURPOSES, PROSPECTIVE BIDDERS SHOULD ASSUME A FULL MOBILIZATION AND DEMOBILIZATION.

UNDER THE BASE AND OPTION H.

(9) THIS LINE ITEM IS NOT SUBJECT TO THE VARIATION IN ESTIMATED QUANTITY CLAUSE, AND PAYMENT WILL ONLY

BE MADE FOR ACTUAL NUMBER OF PARTNERING REGROUPS CONDUCTED.

(10) EXHIBIT "I" WAS NOT USED FOR AN OPTION IN ACCORDANCE WITH DFARS PROCUREMENT, GUIDANCE AND INFORMATION 204.7105(b)(1).

SECTION 00700 - CONTRACT CLAUSES

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions On Subcontractor Sales To The

Government

SEP 2006

52.203-7 Anti-Kickback Procedures MAY 2014

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

MAY 2014

MAY 2014

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015

52.203-17 Contractor Employee Whistleblower Rights and APR 2014

Requirement To Inform Employees of

Whistleblower Rights

52.203-19 Prohibition on Requiring Certain Internal JAN 2017

Confidentiality Agreeements or Statements

52.204-4 Printed or Copied Double-Sided on Postconsumer MAY 2011

Fiber Content Paper

52.204-10 Reporting Executive Compensation and First-Tier OCT 2016

Subcontract Awards

52.204-12 Unique Entity Identifier Maintenance OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.204-18 Commercial and Government Entity Code JUL 2016

Maintenance

52.204-19 Incorporation by Reference of Representations and DEC 2014

Certifications.

52.204-21 Basic Safeguarding of Covered Contractor JUN 2016

Information Systems

52.208-8 Required Sources for Helium and Helium Usage APR 2014

Data

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, OCT 2015

Suspended, or Proposed for Debarment

52.209-9 Updates of Publicly Available Information

Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015

Corporations

52.210-1 Market Research APR 2011

52.211-10 Commencement, Prosecution, and Completion of

Work

APR 1984

W912EP-18-B-0013 00700- 1

52.211-12 Liquidated Damages--Construction SEP 2000

52.211-18 Variation in Estimated Quantity APR 1984

52.214-26 Audit and Records--Sealed Bidding OCT 2010

52.214-27 Price Reduction for Defective Certified Cost or

Pricing Data - Modifications - Sealed Bidding

AUG 2011

52.214-28 Subcontracting Certified Cost Or Pricing Data-- OCT 2010

Modifications--Sealed Bidding

52.217-7 Option For Increased Quantity-Separately Priced MAR 1989

Line Item

52.219-8 Utilization of Small Business Concerns NOV 2016

52.219-9 Alt I Small Business Subcontracting Plan (JAN 2017) NOV 2016

Alternate I

52.219-28 Post-Award Small Business Program Rerepresentation

JUL 2013

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards- MAY 2014

Overtime Compensation

52.222-6 Construction Wage Rate Requirements MAY 2014

52.222-7 Withholding of Funds MAY 2014

52.222-8 Payrolls and Basic Records MAY 2014

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.222-11 Subcontracts (Labor Standards) MAY 2014

52.222-12 Contract Termination-Debarment MAY 2014

52.222-13 Compliance With Construction Wage Rate MAY 2014

Requirements and Related Regulations

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility MAY 2014

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-27 Affirmative Action Compliance Requirements for APR 2015

Construction

52.222-29 Notification Of Visa Denial APR 2015 52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans FEB 2016

52.222-40 Notification of Employee Rights Under the DEC 2010

National Labor Relations Act

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-54 Employment Eligibility Verification OCT 2015

52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015

52.223-2 Affirmative Procurement of Biobased Products SEP 2013

Under Service and Construction Contracts

52.223-4 Recovered Material Certification MAY 2008

52.223-5 Pollution Prevention and Right-to-Know MAY 2011

Information

52.223-6 Drug-Free Workplace MAY 2001

W912EP-18-B-0013 00700- 2

52.223-9 Estimate of Percentage of Recovered Material

Content for EPA-Designated Items

MAY 2008

52.223-17 Affirmative Procurement of EPA-Designated Items MAY 2008 in Service and Construction Contracts

52.223-18 Encouraging Contractor Policies To Ban Text

Messaging While Driving

AUG 2011

52.225-5 Trade Agreements OCT 2016

52.225-11 Buy American--Construction Materials Under

Trade Agreements

OCT 2016

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And

Copyright Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007

52.228-1 BID GUARANTEE (CESAJ Adaptation) JUL 2012 52.228-2 Additional Bond Security OCT 1997

52.228-11 Pledges Of Assets JAN 2012

52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014

52.228-14 Irrevocable Letter of Credit NOV 2014

52.228-15 Performance and Payment Bonds--Construction OCT 2010

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-5 Payments under Fixed-Price Construction ContractsMAY 2014

52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984

52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984

52.232-27 Prompt Payment for Construction Contracts JAN 2017

52.232-33 Payment by Electronic Funds Transfer--System for JUL 2013

Award Management

52.232-39 Unenforceability of Unauthorized Obligations JUL 2013

52.232-40 Providing Accelerated Payments to Small Business DEC 2013

Subcontractors

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-1 Performance of Work by the Contractor APR 1984

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the APR 1984

Work

52.236-4 PHYSICAL DATA (APR 1984) (CESAJ MAY 2003

ADAPTATION)

52.236-5 Material and Workmanship APR 1984

52.236-5008 Value Engineering After Award JUN 1999

52.236-6 Superintendence by the Contractor APR 1984

W912EP-18-B-0013 00700- 3

52.236-7 Permits and Responsibilities NOV 1991

W912EP-18-B-0013 00700- 4

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, APR 1984

Equipment, Utilities, and Improvements

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236- 15 Schedules for Construction Contracts APR 1984

52.236-16 Quantity Surveys APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-26 Preconstruction Conference FEB 1995

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.243-4 Changes JUN 2007

52.244-6 Subcontracts for Commercial Items JAN 2017

52.246-12 Inspection of Construction AUG 1996

52.248-3 52.249-2 Alt I

Value Engineering-Construction Termination for Convenience of the Government

(Fixed-Price) (Apr 2012) - Alternate I

OCT 2015

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984

52.252-2 CLAUSES INCORPORATED BY REFERENCE

(FEB 1998) (CESAJ ADAPTATION)

JAN 2000

52.252-6 Authorized Deviations In Clauses APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000

252.203-7001

Requirements Relating to Compensation of Former

DoD Officials

Prohibition On Persons Convicted of Fraud or

SEP 2011

DEC 2008

252.203-7002 Other Defense-Contract-Related Felonies

Requirement to Inform Employees of

SEP 2013

Whistleblower Rights

252.203-7003 Agency Office of the Inspector General DEC 2012

252.203-7004 Display of Hotline Posters OCT 2016

252.204-7003 Control Of Government Personnel Work Product APR 1992

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

252.219-7003 Small Business Subcontracting Plan (DOD

Contracts)--Basic

DEC 1991

OCT 2015

MAR 2016

252.223-7001 Hazard Warning Labels DEC 1991

252.223-7004 Drug Free Work Force SEP 1988

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

W912EP-18-B-0013 00700- 5

252.225-7012 Preference For Certain Domestic Commodities DEC 2016

252.225-7048 Export-Controlled Items JUN 2013

252.226-7001 Utilization of Indian Organizations and Indian- SEP 2004

Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

252.231-7000 Supplemental Cost Principles DEC 1991

252.232-7010 Levies on Contract Payments DEC 2006

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.236-7001 Contract Drawings, and Specifications AUG 2000

252.236-7002 Obstruction of Navigable Waterways DEC 1991

252.236-7004 Payment for Mobilization and Demobilization DEC 1991

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.247-7023 Transportation of Supplies by Sea APR 2014

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

W912EP-18-B-0013 00700- 6

52.202-1 DEFINITIONS (NOV 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal

Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR

2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(End of clause)

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

W912EP-18-B-0013 00700- 7

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(SEP 2006)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

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(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.

52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime

Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the

United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and

(2) includes any person who offers to furnish or furnishes general supplies to the prime

Contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from--

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(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold, from sums owed a subcontractor under the prime contract, the amount of any kickback.

The Contracting Officer may order the monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the

Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph

(c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed

$150,000.

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL

OR IMPROPER ACTIVITY (MAY 2014)

(a) If the Government receives information that a contractor or a person has violated 41 U.S.C.

2102-2104, Restrictions on Obtaining and Disclosing Certain Information, the Government may-

(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or

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(2) Rescind the contract with respect to which--

(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct violates 41 U.S.C. 2102 for the purpose of either--

(A) Exchanging the information covered by such subsections for anything of value; or

(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or

(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct punishable under 41 U.S.C. 2105(a).

(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.

(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY

(MAY 2014)

(a) The Government, at its election, may reduce the price of a fixed-price type contract and the total cost and fee under a cost-type contract by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity or designee determines that there was a violation of 41 U.S.C. 2102 or

2103, as implemented in section 3.104 of the Federal Acquisition Regulation.

(b) The price or fee reduction referred to in paragraph (a) of this clause shall be--

(1) For cost-plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award;

(2) For cost-plus-incentive-fee contracts, the target fee specified in the contract at the time of award, notwithstanding any minimum fee or "fee floor" specified in the contract;

(3) For cost-plus-award-fee contracts--

(i) The base fee established in the contract at the time of contract award;

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(ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the Contractor for each award fee evaluation period or at each award fee determination point.

(4) For fixed-price-incentive contracts, the Government may--

(i) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or

(ii) If an immediate adjustment to the contract target price and contract target profit would have a significant adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract financing provisions, the Contracting Officer may defer such adjustment until establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price.

(5) For firm-fixed-price contracts, by 10 percent of the initial contract price or a profit amount determined by the Contracting Officer from records or documents in existence prior to the date of the contract award.

(c) The Government may, at its election, reduce a prime contractor's price or fee in accordance with the procedures of paragraph (b) of this clause for violations of the statute by its subcontractors by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively priced.

(d) In addition to the remedies in paragraphs (a) and (c) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract.

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2010)

(a) Definitions. As used in this clause--

Agency means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions:

(1) Awarding any Federal contract.

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(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self-

Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States

Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States

Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal

Advisory Committee Act, Title 5, United States Code, appendix 2.

Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or

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employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

Recipient includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least

130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

State means a State of the United States, the District of Columbia, or an outlying area of the

United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352, the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

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(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or

Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern--

(A) The qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person's products or services for an agency's use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub.L. 95-507, and subsequent amendments.

(2) Professional and technical services. (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in paragraph (c)(2) of this clause, ̀ `professional and technical services'' are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

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(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure. (1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of

Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.

(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to

Influence Certain Federal Transactions, and a change occurs that affects Block 10 of the OMB

Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard

Form LLL.

(e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C.1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(g) Subcontracts. (1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FAR 52.203-11, Certification and

Disclosure Regarding Payments to Influence Certain Federal Transactions, from each person requesting or receiving a subcontract exceeding $150,000 under this contract. The Contractor or subcontractor that awards the subcontract shall retain the declaration.

(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the

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Contracting Officer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract exceeding $150,000.

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

Agent means any individual, including a director, an officer, an employee, or an independent

Contractor, authorized to act on behalf of the organization.

Full cooperation—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract.

It does not require--

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from--

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

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Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the

Contracting Officer establishes a longer time period, the Contractor shall--

(i) Have a written code of business ethics and conduct;

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall--

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector

General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations…