Am2_W912PL-12-R-0003.pdf

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W912PL-12-R-0003

Amendment No. 0002

2. SPECIFICATIONS: Delete the following listed pages and substitute the pages attached hereto. On the revised pages, for convenience, changes are emphasized by STRIKETHROUGH for deletions and UNDERLINE for additions from the previous issue. All portions of the revised (or new) pages shall apply whether or not changes have been indicated.

Delete Page Insert Page

00010, entire section 00010, entire section

00650, pgs. 1, 3 00650, pgs. 1, 3

00700, pgs. 3, 77-79 00700, pgs. 3, 77-79

00800, pgs. 1, 11 00800, pgs. 1, 11

01 33 29, pgs. 3, 11-14 01 33 29, pgs. 3, 11-14 LEED Checklist LEED Checklist

01 91 13, pgs. 3, 5, 7 01 91 13, pgs. 3, 5, 7

////////LAST ITEM////////

W912PL-12-R-0003

Amendment No. 0002

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

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

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

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR 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 your 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 APPROPIRATION DATA (If required)

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

IT MODIFIES THE CONTRACT/ORDER NO. 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

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.

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

1 2

0002 May 25, 2012

US Army Corps of Engineers Los Angeles District P.O. Box 2711 Los Angeles, CA 90017

W912PL-12-R-0003

Apr 26, 2012

FY11 F-35 SQUADRON OPERATIONS FACILITY, NEUX093001A, and FY12 F-35 AIRCRAFT MAINTENANCE UNIT, AETC120010, Luke Air Force Base, Arizona.

AMENDMENT NO. 0002, issued under SOLICITATION NO. W912PL-12-R-0003.

1. Please see the following sheet for changes included in this amendment: All other provisions shall remain unchanged.

Amendment No. 0002 W912PL-12-R-0003 00010-1 of 10

SECTION 00010 – PRICING SCHEDULE

THE CONTRACTOR SHALL COMPLETE THE ENTIRE WORK READY FOR USE NOT LATER THAN

365 CALENDAR DAYS AFTER THE CONTRACTOR RECEIVES THE NOTICE TO PROCEED.

CONTRACTOR SHALL FURNISH ALL PLANT, LABOR, MATERIAL, EQUIPMENT, ETC. NECESSARY

TO PERFORM ALL WORK IN STRICT ACCORDANCE WITH THE TERMS AND CONDITIONS SET

FORTH IN THE CONTRACT TO INCLUDE ALL ATTACHMENTS THERETO.

PRICING SCHEDULE A - FY11 F-35 SQUADRON OPERATIONS FACILITY

Item Unit No. Description Quantity Unit Price Amount

0001 FY11 F-35 Squadron Operations Facility, complete to 5' outside the building

1 L.S. **** $

0002 Site Work and Utilities outside the 5' building line

0003 LEED Silver Certification and Commissioning Agent (CxA)

TOTAL AMOUNT BASE BID ITEMS NO’S. 0001 THRU 0003: $

0004 OPTIONAL ITEM 1. 100 kW AC

Photovoltaic Array

0005 OPTIONAL ITEM 2. Pre-weathered Steel wall finish

0006 OPTIONAL ITEM 3. Pre-weathered Steel canopies

0007 OPTIONAL ITEM 4. Translucent panels

0008 OPTIONAL ITEM 5. Enhanced commissioning Additional Commissioning Requirements. (See Note 27)

TOTAL AMOUNT OPTIONAL ITEMS NO’S. 0004 THRU 0008: $

TOTAL AMOUNT BASE BID ITEMS AND OPTIONAL ITEMS FOR

FY11 F-35 SQUADRON OPERATIONS FACILITY: $

00010-2 of 10

PRICING SCHEDULE B - FY12 F-35 ADAL AIRCRAFT MAINTENANCE UNIT

Item Unit No. Description Quantity Unit Price Amount

0009 FY12 F-35 ADAL Aircraft Maintenance Unit, complete to 5' outside the building

0010 Site Work and Utilities outside the 5' building line

0011 LEED Silver Certification and Commissioning Agent (CxA)

TOTAL AMOUNT BASE BID ITEMS NO’S. 0009 THRU 0011: $

0012 OPTIONAL ITEM 1. Full depth parking lot replacement

0013 OPTIONAL ITEM 2. West canopy replacementl

0014 OPTIONAL ITEM 3. Roof-mounted photovoltaics

0015 OPTIONAL ITEM 4. Enhanced commissioningAdditional Commissioning Requirements. (See Note 27)

0016 OPTIONAL ITEM 5. Tree removal

TOTAL AMOUNT OPTIONAL ITEMS NO’S. 0012 THRU 0016: $

TOTAL AMOUNT BASE BID ITEMS AND OPTIONAL ITEMS FOR

FY12 F-35 ADAL AIRCRAFT MAINTENANCE UNIT: $

RECAPITULATION

1. TOTAL AMOUNT BASE BID ITEMS AND OPTIONAL ITEMS FOR

FY11 F-35 SQUADRON OPERATIONS FACILITY: $

2. TOTAL AMOUNT BASE BID ITEMS AND OPTIONAL ITEMS FOR

FY12 F-35 ADAL AIRCRAFT MAINTENANCE UNIT: $

3. TOTAL AMOUNT OF BASE BID ITEMS AND ALL OPTION ITEMS

FOR THE COMBINED PROJECTS ITEMS $

00010-3 of 10

NOTES:

1. Award of all Base and Optional Items will be made to one offeror.

Offerors must submit a price on all items, including optional items, in the Pricing Schedule to be eligible for award.

2. ARITHMETIC DISCREPANCIES:

(a) For the purpose of initial evaluation of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the offeror:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price shall govern, and in a discrepancy between the sum of extended prices and the stated total for the base or optional items, the sum of the extended prices will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purposes of bid evaluation, the government will proceed on the assumption that the offeror intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low. (EFARS 52.214-5000)

3. The lump sum, “L.S.” line items above are not “estimated quantity” line items and therefore are not subject to the Variation in Quantity contract clause.

4. PROGRESS PAYMENT REQUESTS made by the Contractor pursuant to the provisions of Contract Clause, PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS, shall be submitted on ENG FORM 93 to the administration office as designated in Block 26, Standard Form 1442 Back, Solicitation, Offer and Award. ENG FORM 93 shall be submitted to that office on the 20th day of each month in appropriate form and certified. Photocopies of the form shall be furnished on that same date to the Corps of Engineers offices designated at the Pre-Construction Conference.

00010-4 of 10

NOTES: (Cont’d)

5. MANDATORY WORK STOPPAGES

(a) A mandatory work stoppage occurs whenever the Contractor is restricted from working a full workday and is unable to reallocate work forces to other locations. All costs associated with five (5) mandatory work stoppages must be included in the bid price. No additional compensation or extension to the Contract performance period will be given as a result of five (5) mandatory work stoppages.

(1) In the event that the Contractor's work force is required to evacuate any part of the working area during working hours established by the Contractor for this contract, the Government will then make an adjustment under the clause entitled, FAR 52.242-14 SUSPENSION OF WORK, see Section 00700. The Government's liability will be considered to be limited to reimbursement for loss of time of Contractor's employees and equipment which otherwise would have been employed on the job. The completion time for any part of the work will not be extended if the total number of working hours of work stoppage does not exceed 0.08 times the number of calendar days in the period between the date of notice to proceed and the specified completion date. In the event the Contractor is required to evacuate the area in excess of the time specified above, the completion times will be adjusted.

(b) The Contractor may be required, without advance notice, to move work to a different location. The Contractor shall be prepared to increase or decrease work forces with appropriate trades to perform work in the relocated work areas at no additional cost to the Government.

(c) The Contractor shall notify the Contracting Officer when a mandatory work stoppage occurs for recording purposes. Otherwise, the work stoppage will not be credited to the Contractor.

56. The Contract Clause 52.232-27, “Prompt Payment for Construction Contracts” requires that the name and address of the contractor official, to whom payment is to be sent, be the same as that in the contract or in a proper Notice of Assignment.

67. If a modification to a bid based on unit prices is submitted, which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price in the bid schedule must be stated. If it is not stated, the offeror agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

78. Principal Contracting Officer. The Contracting Officer who signs this contract will be the Principal Contracting Officer for this contract.

However, any Contracting Officer assigned to the Los Angeles District, contracting within his authority, may take formal action on this contract

00010-5 of 10 when the Principal Contracting Officer is unavailable and the action needs to be taken.

89. Amounts and prices shall be indicated in either words or figures, NOT

BOTH.

910. The offeror shall furnish all plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract including all attachments thereto complete and ready for use.

1011. Some quantities are ESTIMATED, the offerors prices MUST BE FIRM.

1112. Offeror is cautioned to check his Price Schedule carefully prior to submission. If the Price Schedule contains unit prices, they should be round off to the second decimal point only NOT EXTENDED FURTHER.

1213. EVALUATION: The Government intends to issue a contract resulting from the Request for Proposal (RFP) to the responsible Offeror whose proposal represents the Best Value to the Government by using the Trade Off procedure as described in Sections 00110 and 00120. The process permits trade off between price and technical (non-cost) factors and allows the government to accept other than the lowest price offer. The award decision will be based on a comparative assessment in proposals against all source selection criteria in the solicitation.

1314. The Offeror shall distribute his indirect costs (overhead, profit, bond, etc.,) over all items in the Price Schedule. The Government will review submitted Price Schedule for any unbalancing of the items. Any submitted Price Schedule determined to be unbalanced may cause the offeror to be ineligible for contract award.

1415. Payment of Electronic Funds Transfer (EFT) is the mandatory method of payment. The Contractors attention is directed to Contract Clause No. 52.232- 33 "Mandatory Information for Electronic Funds Transfer" located in Section 00800.

1516. Do Not Use

1617. The successful offeror grants the options listed in the Price Schedule to the Government and agrees that the options may be exercised any time up to 120 calendar days after NOTICE TO AWARD. No additional time for contract completion will be allowed when an option item is exercised. The given contract completion time was formulated to include time necessary to perform all option work. The time stated for completion shall include final clean-up of the premises. Refer to Section 00800, Contract Clause No. FAR 52.211-10, “Commencement, Prosecution and Completion of Work.”

00010-6 of 10

1718. EVALUATION OF OPTIONS: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Please see FAR Clause 52.217-5, Entitled, “Evaluation of Options (Jul 1990), Section 00800.

1819. PLEASE NOTE: The Contractor agrees to attend any Post Award conference convened by the contracting activity or contract administration in accordance with Federal Acquisition Regulation subpart 42.5.0

1920. CONTRACTOR PERFORMANCE EVALUATIONS. In accordance with the provisions of Subpart 36.201(Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $650,000.00, the USACE will evaluate contractor’s performance and prepare a performance report using the Construction Contractor Appraisal Support System (CCASS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CCASS requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site:

http://www.cpars.navy.mil/. If the Contractor wishes to participate in the performance evaluation process, access to CCASS and PKI certification is the sole responsibility of the Contractor.

2021. PLEASE NOTE: PROSPECTIVE OFFERORS SHOULD SUBMIT CONTRACTING AND

TECHNICAL INQUIRIES AND QUESTIONS RELATING TO PROPOSAL PROCEDURES ARE TO BE

SUBMITTED VIA OFFEROR INQUIRY IN PROJNET AT WWW.PROJNET.ORG.PROJNET REFER

TO SECTION 00100 CLAUSE ENTITLED, “INQUIRIES”

2122. The Environmental Impact Statement (EIS) process is not yet complete for this project. The Record of Decision (ROD) is expected to be signed in July 2012. We are advertising this project and provide this notification that the award of the project is dependent on the completion of the EIS/ROD.

2223. At the time this solicitation was issued, the FY2012 Military Construction Act has not yet been signed into law by the President of the United States. This MILCON project is included or provided for in the financial plan for fiscal year 2012. Funds for this prospective Air Force military construction project are not yet available. This project is considered a high priority project in that there is a high probability that the requirement will not be cancelled.

2324. PLEASE NOTE: ALL PROSPECTIVE OFFERORS MUST BE REGISTERED IN ORCA

https://orca.bpn.gov http://www.cpars.navy.mil/� http://www.projnet.org.projnet/� https://orca.bpn.gov/�

00010-7 of 10

2425. The Offeror shall acknowledge that it understands the contract requirements for sustainable construction and that the final project will achieve a minimum LEED Silver certification rating prior to project closeout. If the offeror proposes a higher LEED rating than silver, the proposal shall describe whether or not it involves additional costs and clearly indicate if such costs would detract from other factors herein, such as functionality, quality of materials, systems, and site work, etc.

In accordance with the National Defense Appropriations Act of 2012 Section 2830, the Government will not compensate the contractor for any expense expended with the express intent to obtain LEED certification above the Silver level. It is recognized that competitive best value proposal details and requirements cited elsewhere in this document and supporting documents may provide for features which allow for a certification higher than Silver to be obtained. Whether to achieve a future marketing advantage or for other purposes, a contractor may obtain LEED Gold or Platinum certification provided that achieving such certification imposes no additional cost on the Government. The Government’s evaluation of contractor proposals will not consider any offeror’s statement of intent to achieve or otherwise provide a certification higher than Silver.

2526. The Offeror shall acknowledge that it understands the contract requirements for achieving a final minimum LEED Silver certification rating and other Federal sustainability contract requirements. Line Item No. 0003 in the Pricing Schedule is intended to capture the cost of LEED Silver Certification and construction phase documentation. The validation and final determination of LEED credits earned will be accomplished by the GBCI (USGBC). The contractor will be provided access to the already registered LEED project. Compiling of documentation at LEED Online and use of the LEED Letter Templates is required. LEED design phase documentation has been completed by the designer of record. All LEED construction documentation, submittals and final LEED certification fees will be by the contractor. LEED certification of the project by the Contractor is required. The Government may audit or validate the contractor's LEED documentation during project execution towards the requirement of LEED Silver certification and for consideration of performance requirements, progress payments and contract close out. This will not relieve the Contractor's responsibility to satisfy all LEED documentation requirements as defined by the GBCI (USGBC).

2627. Section 00600, Clause 52.219-4 NOTICE OF PRICE EVALUATION

PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JAN 2011)

Cessation of Small Disadvantaged Business Price Evaluation Adjustment. In accordance with DoD Class Deviation 2010-00006, the SDB Price Evaluation Adjustment referenced in FAR 52.219-4 in Section 00600 does not apply to this solicitation.

00010-8 of 10

NOTES: (Cont’d)

27. ADDITONAL COMMISSIONING REQUIREMENTS: These additional commissioning requirements are in addition to Fundamental Commissioning requirements and include the following:

1) Review contractor submittals applicable to systems being commissioned for compliance with the Owners Project Requirements and Basis of Design. This review shall be concurrent with Government or A-E reviews and submitted to the design team and the Owner.

2) Develop a Systems Manual that provides future operating staff information to understand and optimally operate the commissioned systems.

3) Verify that the requirements for training operating personnel and building occupants are completed.

4) Review building operation within 10 months after substantial completion with O&M staff and occupants. Include a plan for resolution of outstanding Commissioning related issues.

00010-9 of 10

CERTIFICATE OF CORPORATE PRINCIPAL

1) IF THE OFFEROR IS A JOINT VENTURE, COMPLETE THE FOLLOWING:

(Company Name) (Signature) (Title)

(Company Name) (Signature) (Title)

2) IF THE OFFEROR IS PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS:

(Company Name) (Signature) (Title)

3) IF THE OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATION SHOULD BE

COMPLETED:

CERTIFICATION AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the corporation named as principal in the within contract; that , who signed the said contract on behalf of the principal, was the of the corporation; that I know his signature and that his signature is genuine; and that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

CORPORATE PRINCIPAL

CORPORATE SEAL

SECRETARY

00010-10 of 10

(4) IF THE OFFEROR IS A LIMITED LIABILITY COMPANY, LIST FULL NAME OF ALL MANAGERS

BELOW. SIGNATURES BY ALL MANAGERS HERE SIGNIFY THAT THAT THE INDIVIDUAL WHO

SIGNED THE OFFER IN BLOCK 20B HAS THE AUTHORITY TO BIND THE LIMITED LIABILITY

COMPANY.

Name Signature

SECTION 00010 – PRICING SCHEDULE

COMBINED 00010am2.pdf

SECTION 00010 – PRICING SCHEDULE

00650-1 of 16

SECTION 00650 – WAGE RATES

General Decision Number: AZ120001 04/06/201205/04/2012 AZ1

Superseded General Decision Number: AZ20100001

State: Arizona

Construction Type: Building

Counties: Coconino, Maricopa, Mohave, Pima, Pinal and Yuma Counties in Arizona.

BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories)

Modification Number Publication Date 0 01/06/2012 1 04/06/2012 2 05/04/2012

BRAZ0003‐003 11/23/2009

COCONINO, MARICOPA, MOHAVE, PINAL (Area West and North of the San Francisco River to the Gila River), & YUMA COUNTIES

Rates Fringes

Bricklayer ‐ Cement Block Layer............................$ 24.62 4.57

BRAZ0003‐008 11/23/2009

PIMA AND PINAL (Area East and South of the San Francisco River to the Gila River) COUNTIES

Bricklayer ‐ Cement Block Layer............................$ 18.00 4.49

CARP0408‐001 07/01/2011

00650-3 of 16

Power Equipment Operator

(2) Crane under 15 tons.....$ 25.22 9.79

(3) Crane,15 tons to 100 tons........................$ 26.30 9.79

(4) Crane, 100 tons and over........................$ 27.33 9.79

IRON0075‐002 08/01/2011

Rates Fringes

IRONWORKER, STRUCTURAL...........$ 26.52 19.35

Zone 1: 0 to 50 miles from City Hall in Phoenix or Tucson Zone 2: 050 to 100 miles ‐ Add $4.00 Zone 3: 100 to 150 miles ‐ Add $5.00 Zone 4: 150 miles & over ‐ Add $6.50

LABO0383‐005 06/01/2009

Rates Fringes

LABORER (Brick/Block Tender).....$ 16.72 4.35

*PAIN0086‐003 04/01/2010

Rates Fringes

PAINTER..........................$ 19.3517.85 4.750

PAIN0086‐005 06/01/2011

Rates Fringes

GLAZIER..........................$ 26.50 6.98

PLUM0469‐002 07/01/2011

ZONE A: COCONINO, MARICOPA, MOHAVE & YUMA COUNTIES

ZONE B: PIMA AND PINAL COUNTIES

PLUMBER/PIPEFITTER

Zone A......................$ 32.50 15.15 Zone B......................$ 29.15 14.25

00700-3 of 157

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS (MAY 2008)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING

(AUG 2011)

52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

52.224-2 PRIVACY ACT (APR 1984)

52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS

(SEP 2010MAR 2012)

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS (FEB 2009)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987)

52.228-1 BID GUARANTEE (SEP 1996)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 PLEDGES OF ASSETS (SEP 2009)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS. (OCT 1995)

52.228-14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)

52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)

52.230-2 COST ACCOUNTING STANDARDS (OCT 2010)

52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (OCT 2008)

52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS (JUN 2010)

52.231-5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE MAR 1995)—

EFARS

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002)

52.232-17 INTEREST (OCT 2010)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—CENTRAL CONTRACTOR

REGISTRATION (OCT 2003)

52.233-1 DISPUTES (JUL 2002) -- ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

00700-77 of 157 agency.

(c)(1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

(End of clause)

52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (SEP 2010MAR 2012)

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

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of

00700-78 of 157 those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan or United Kingdom);

(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curaco, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands AntillesSaba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

Least developed country construction material means a construction material that--

00700-79 of 157

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

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

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10dchapter 83) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 4311907, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)).

In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American Act restrictions are waived for designated county construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate ``none'']

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

52.202-1 DEFINITIONS (JUL 2004)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

52.203-7 Anti-Kickback Procedures. (OCT 2010)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

52.204-2 SECURITY REQUIREMENTS (AUG 1996) - ALTERNATE II (APR 1984)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUL 2010)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2010)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS. (MAY 2011)

52.215-2 AUDIT AND RECORDS--NEGOTIATION (OCT 2010)

52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010)

52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR INFORMATION OTHER THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JAN 2011)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2011)

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2011)--ALTERNATE II (OCT 2001)

52.219-16 LIQUIDATED DAMAGES-SUBCONTRACTING PLAN (JAN 1999)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

52.219-4003 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-3 CONVICT LABOR (JUN 2003)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME COMPENSATION. (JUL 2005)

52.222-6 DAVIS-BACON ACT (JUL 2005)

52.222-7 WITHHOLDING OF FUNDS (FEB 1988)

52.222-8 PAYROLLS AND BASIC RECORDS (JUN 2010)

52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (JUL 2005)

52.222-12 CONTRACT TERMINATION--DEBARMENT (FEB 1988)

52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

52.222-26 EQUAL OPPORTUNITY (MAR 2007)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (FEB 1999)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (SEP 2010)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (SEP 2010)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)

52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

52.224-2 PRIVACY ACT (APR 1984)

52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (SEP 2010MAR 2012)

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (FEB 2009)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.227-1 Authorization and CONSENT (DEC 2007)

52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987)

52.228-1 BID GUARANTEE (SEP 1996)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 PLEDGES OF ASSETS (SEP 2009)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS. (OCT 1995)

52.228-14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)

52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)

52.230-2 COST ACCOUNTING STANDARDS (OCT 2010)

52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (OCT 2008)

52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS (JUN 2010)

52.231-5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE MAR 1995)—EFARS

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002)

52.232-17 INTEREST (OCT 2010)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

52.233-1 DISPUTES (JUL 2002) -- ALTERNATE I (DEC 1991)

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 WORK (APR 1984)

52.236-4 PHYSICAL DATA (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 OTHER CONTRACTS (APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

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 ACCIDENT PREVENTION (NOV 1991)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (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)

52.243-7 NOTIFICATION OF CHANGES (APR 1984)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) - ALTERNATE I (APR 1984)

52.248-3 VALUE ENGINEERING--CONSTRUCTION (OCT 2010)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004) - ALTERNATE I (SEP 1996)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JAN 2009)

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (SEP 2010)

252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204-7005 ORAL ATTESTATION OF SECURITY RESPONSIBILITIES (NOV 2001)

252.204-7008 EXPORT-CONTROLLED ITEMS (APR 2010)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991)

252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (JAN 2009)

252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2010)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)(SEP 2011)

252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS MATERIALS (APR 1993)

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (JUN 2010)

252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)

252.227-7000 NON-ESTOPPEL. (OCT 1966)

252.227-7022 GOVERNMENT RIGHTS (UNLIMITED) (MAR 1979)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)

252.246-7004 SAFETY OF FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY OPERATIONS (OCT 2010)

252.247-7021 RETURNABLE CONTAINERS OTHER THAN CYLINDERS (MAY 1995)

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (MAY 2002)

252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000)

BASIS FOR SETTLEMENT OF PROPOSALS EFARS 52.249-5000

00800-1 of 11

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

52.211-13 TIME EXTENSIONS (SEP 2000)

252.227-7022 GOVERNMENT RIGHTS (UNLIMITED) (MAR 1979)

252.227-7023 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT. (MAR 1979) 3

252.236-7000 MODIFICATION PROPOSALS - PRICE BREAKDOWN. (DEC 1991)

252.236-7005 AIRFIELD SAFETY PRECAUTIONS. (DEC 1991)

252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

ER 415-1-15 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (31 OCT 89)

SCR.1 DESIGN-BUILD CONTRACT ORDER OF PRECEDENCE – AUG 1997

SCR 2. KEY PERSONNNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS – MAY 2006

SCR 3. DESIGNER OF RECORD – APR 1999

SCR 4. RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN – MAY 2002

SCR 5. WARRANTY OF CONSTRUCTION WORK – AUG 1997

SCR 7. SEQUENCE OF DESIGN-CONSTRUCTION – AUG 1997

SCR 9. CONSTRUCTOR’S ROLE DURING DESIGN – JUN 1998

SCR 10. RECOMMENDED INSURANCE COVERAGE

SCR 12. DESIGN CONFERENCES – AUG 1997

SCR 13. PARTNERING

SCR 14. ACCRUALS

SCR 15. PROPOSED BETTERMENTS

00800-11 of 11

SCR 13. PARTNERING

To most effectively accomplish this contract, the GOVERNMENT requires the formation of a cohesive partnership with the CONTRACTOR and its subcontractors. Key Government personnel, including the Using Agency who will occupy the facility, Base Civil Engineering, AFCEE and US Army Corps of Engineers shall be invited to participate in the partnering process. Key members of the prime and subcontractors teams, including senior management, must participate. The partnership will draw on the strength of each organization in an effort to achieve a quality project done right the first time, within budget, on schedule, and without any safety mishaps. The initial session shall be one-day minimum and the follow-on sessions, held at a minimum of once every three months or as agreed to by the partners, shall be a half-day minimum. The initial partnering session may be held away from the project site at a location acceptable to the CONTRACTOR and to the GOVERNMENT; the follow-on sessions can be held at locations agreed to by the partners. The Contractor shall provide all costs associated with the partnering effort including facilitator, meeting room, materials and other incidental items. Before the partnering session, the Contractor shall coordinate with the facilitator to ensure that all required items (audio-visual equipment, two easels, flipchart paper, colored markers, note pads, pens/pencils, colored flash cards, etc.) are readily available at the partnering session. The CONTRACTOR shall copy all necessary documents for distribution to all attendees. The facilitator must be acceptable to both the CONTRACTOR and the GOVERNMENT. The participants shall bear their own costs for meals, lodging and transportation associated with partnering.

SCR 14. ACCRUALS

In accordance with USACE Engineer Financial Regulation (ER) 37-1-30, and other applicable Federal and DOD financial accounting standards, the Contractor is required to assist government personnel with providing reasonably accurate accrual estimates. The accrual is from the thru date of the period of performance (Eng Form 93, block 9) to the end for the month of the value of goods and/or services rendered/expected to be rendered to the Government pursuant to this contract. This is for each calendar month during which goods and services are delivered. Standard forms with instructions will be provided by the Government to assist with meeting this requirement. These monthly estimates, which facilitate timely entry of accruals, must be received by the Government on or before six (6) business days prior to each calendar month-end.

SCR 15. PROPOSED BETTERMENTS

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

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

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

52.211-13 TIME EXTENSIONS (SEP 2000)

252.227-7022 GOVERNMENT RIGHTS (UNLIMITED) (MAR 1979)

252.227-7023 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT. (MAR 1979)

252.236-7000 MODIFICATION PROPOSALS - PRICE BREAKDOWN. (DEC 1991)

252.236-7005 AIRFIELD SAFETY PRECAUTIONS. (DEC 1991)

252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

ER 415-1-15 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (31 OCT 89)

SCR.1 DESIGN-BUILD CONTRACT ORDER OF PRECEDENCE – AUG 1997

SCR 2. KEY PERSONNNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS – MAY 2006

SCR 3. DESIGNER OF RECORD – APR 1999

SCR 4. RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN – MAY 2002

SCR 5. WARRANTY OF CONSTRUCTION WORK – AUG 1997

SCR 7. SEQUENCE OF DESIGN-CONSTRUCTION – AUG 1997

SCR 9. CONSTRUCTOR’S ROLE DURING DESIGN – JUN 1998

SCR 10. RECOMMENDED INSURANCE COVERAGE

SCR 12. DESIGN CONFERENCES – AUG 1997

SCR 13. PARTNERING

01 33 29 - 3

Documentation Notebook. Include proposed materials, associated estimated costs, and details necessary for LEED calculations in order to determine if the listed materials can be expected to achieve the project goal.

c. List of all plans required in the technical sections for LEED credit.

Proposed submittal date for each plan. These shall be added to the LEED Implementation Plan as…