WC-133C-12-RQ-0486

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8. TO:

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 2 OF 30 WC-133C-12-RQ-0486

Quotes (2 hard copies and a CD) should be mailed to the following addresses:

Michele Riley Department of Commerce, NOAA 601 E. 12th Street # Rm 1749 Kansas City, MO 64106

AND

Ann Whitsett Department of Commerce, NOAA Coastal Services Center 2234 South Hobson Avenue Charleston, SC 29405-2413

The following documents are applicable to this solicitation:

1) Statement of Work

2) Davis Bacon Wage Determination

3) Attachments A, B, and C

The Certification and Accreditation requirements of CAR clause 1352.239-73, Security Requirements for Information Technology Resources, are not applicable to this requirement.

0001 Provide all materials, labor, and equipment necessary to design and repair the existing parking lot (approximately 18,000 square feet) located at the National Oceanic and Atmospheric Administration (NOAA) Coastal Services Center (CSC) located at 2234 South Hobson Avenue in Charleston, SC 29405-2413 in accordance with the attached Statement of Work (SOW), the applicable Davis Bacon wage determination, Attachment A, Attachment B, Attachment C, and the enclosed terms and conditions.

Offerors or quoters are strongly encouraged to inspect the site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract, to the extent such information is reasonably obtainable.

In no event will a failure to inspect the site constitute grounds for a claim after award of the contract. All site visits will be held on Thursday, May 24, 2012. Please call during normal duty hours the on-site Government contact point, Ann Whitsett, at 843-740-1258 to schedule your site visit.

The Government intends to make an award to the responsive responsible quoter offering the lowest evaluated proposal price that meets or exceeds the acceptability standards of the non-cost factors.

Per FAR clause 52.212-4(k), Taxes, the contract price includes all applicable Federal, State, and local taxes and duties. A tax exempt certificate will not be provided.

Offerors are to return the following information:

1) Page 1 (complete blocks 13a - 16c).

2) Page 2 (fill in your quoted price).

1.00 LO

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 30 WC-133C-12-RQ-0486

3) Annual Representations and Certifications (complete Section 84, FAR 52.204-8, on pages 27-29, or certify completion in ORCA at https://orca.bpn.gov/).

4) Provide information regarding technical approach and capability, past performance, and price (Section 85 on page 30).

5) Provide the Key Personnel who will work on this order (Section 2 on page 6).

6) Previous Contracts and Compliance Reports (complete Section 77, FAR 52.222-22, on page 24).

7) Provide an email address and/or fax number where you can be reached for future correspondence:

8) Provide your DUNS number:

9) Attachment D (mark 2a and 2b).

In order to be considered for award you must submit a bid in accordance with the requirements (items 1-9) listed above.

Eastern Region Acquisition requires that all contractors doing business with the acquisition office must be registered with the Central Contractor Registration (CCR). An award cannot be made unless the vendor is registered in CCR. For additional information, and to register in CCR, please access the following website:

https://www.bpn.gov/ccr/ In order to register with CCR and to be eligible to receive an award from this acquisition office, all offerors must first have a Dun & Bradstreet (D&B) DUNS number. A DUNS (Data Universal Numbering System) number may be acquired free of charge at the following website:

http://fedgov.dnb.com/webform The Government urges all contractors to submit their representations and certifications through the Online Representations and Certifications Application (ORCA) website: https:// orca.bpn.gov/

Table of Contents

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SECTION

. 1 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

. 2 1352.237-75 KEY PERSONNEL (APR 2010)

. 3 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

. 4 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

. 5 1352.233-70 AGENCY PROTESTS (APR 2010)

. 6 1352.213-71 INSTRUCTIONS FOR SUBMITTING QUOTATIONS UNDER THE SIMPLIFIED ACQUISITION

THRESHOLD - NON-COMMERCIAL (APR 2010)

. 7 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

. 8 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

. 9 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

. 10 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

. 11 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

. 12 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

. 13 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

. 14 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2010)

. 15 52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

. 16 52.242-14 SUSPENSION OF WORK (APR 1984)

. 17 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

. 18 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

. 19 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

. 20 52.236-17 LAYOUT OF WORK (APR 1984)

. 21 52.236-13 ACCIDENT PREVENTION (NOV 1991)

. 22 52.236-12 CLEANING UP (APR 1984)

. 23 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

. 24 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (APR 1984)

. 25 52.236-8 OTHER CONTRACTS (APR 1984)

. 26 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

. 27 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

. 28 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

. 29 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

. 30 52.233-3 PROTEST AFTER AWARD (AUG 1996)

. 31 52.233-1 DISPUTES (JUL 2002)

. 32 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT

2003)

. 33 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)

. 34 52.232-17 INTEREST (OCT 2010)

. 35 52.228-14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)

. 36 52.228-11 PLEDGES OF ASSETS (JAN 2012)

. 37 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

. 38 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

. 39 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB 2009)

. 40 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011). 12

. 41 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION

CONTRACTS (MAY 2008)

. 42 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)

. 43 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

. 44 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (DEC 2007)

. 45 52.223-1 BIOBASED PRODUCT CERTIFICATION (DEC 2007)

Table of Contents

PAGE 5 OF 30 WC-133C-12-RQ-0486

. 46 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

. 47 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010

. 48 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

. 49 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

. 50 52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988)

. 51 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

. 52 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988)

. 53 52.222-12 CONTRACT TERMINATION--DEBARMENT (FEB 1988)

. 54 52.222-8 PAYROLLS AND BASIC RECORDS (JUN 2010)

. 55 52.222-7 WITHHOLDING OF FUNDS (FEB 1988)

. 56 52.222-6 DAVIS-BACON ACT (JUL 2005)

. 57 52.222-5 DAVIS-BACON ACT -- SECONDARY SITE OF THE WORK (JUL 2005)

. 58 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (APR 2012)

. 59 52.209-6 PROTECTING THE GOVERNMENT`s INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2010)

. 60 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (FEB 2012).. 14

. 61 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

. 62 52.204-7 CENTRAL CONTRACTOR REGISTRATION (FEB 2012)

. 63 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

. 64 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

. 65 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR

1984)

. 66 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

. 67 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

. 68 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

. 69 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

. 70 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

. 71 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

. 72 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002)

. 73 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

. 74 52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIALS (SEP 2010)

. 75 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (FEB 1999)

. 76 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

. 77 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

. 78 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (JUL 2005)

. 79 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

. 80 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

. 81 52.222-3 CONVICT LABOR (JUN 2003)

. 82 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

. 83 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

. 84 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2012)

. 85 EVALUATION UTILIZING SIMPLIFIED ACQUISITION PROCED

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SECTION

. 1 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be:

Department of Commerce, NOAA Coastal Services Center 2234 South Hobson Avenue

Charleston, SC 29405-2413

(End of clause)

. 2 1352.237-75 KEY PERSONNEL (APR 2010)

(a) The contractor shall assign to this contract the following key personnel:

NAME: ________________________ TITLE: ________________________

NAME: ________________________ TITLE: ________________________

(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

(End of Clause)

. 3 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

(a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a Low Risk contract shall undergo security processing by the Department´s Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor.

(b) Investigative requirements for Non-IT Service Contracts are:

(1) Contracts more than 180 days - National Agency Check and Inquiries (NACI)

(2) Contracts less than 180 days - Special Agency Check (SAC)

(c) Investigative requirements for IT Service Contracts are:

(1) Contracts more than 180 days - National Agency Check and Inquiries (NACI)

(2) Contracts less than 180 days - National Agency Check and Inquiries (NACI)

(d) In addition to the investigations noted above, non-U.S. citizens must have a background check that includes an Immigration and Customs Enforcement agency check.

(e) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). Non-U.S. citizens (lawful permanent residents) to be employed under this contract within the United States must have:

(1) Official legal status in the United States;

(2) Continuously resided in the United States for the last two years; and

(3) Obtained advance approval from the servicing Security Officer in consultation with the Office of Security headquarters.

(f) DOC Security Processing Requirements for Low Risk Non-IT Service Contracts. Processing requirements for Low Risk non-IT Service Contracts are as follows:

(1) Processing of a NACI is required for all contract employees employed in Low Risk non-IT service contracts for more than 180 days. The Contracting Officer´s Representative (COR) will invite

PAGE 7 OF 30 WC-133C-12-RQ-0486

the prospective contractor into e-QIP to complete the SF-85. The contract employee must also complete fingerprinting.

(2) Contract employees employed in Low Risk non-IT service contracts for less than 180 days require processing of Form OFI-86C Special Agreement Check (SAC), to be processed. The Sponsor will forward a completed Form OFI-86C, FD-258, Fingerprint Chart, and Credit Release Authorization to the servicing Security Officer, who will send the investigative packet to the Office of Personnel Management for processing.

(3) Any contract employee with a favorable SAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site.

(4) For Low Risk non-IT service contracts, the scope of the SAC will include checks of the Security/Suitability Investigations Index (SII), other agency files (INVA), Defense Clearance Investigations Index (DCII), FBI Fingerprint (FBIF), and the FBI Information Management Division

(FBIN).

(5) In addition, for those individuals who are not U.S. citizens (lawful permanent residents), the Sponsor may request a Customs Enforcement SAC on Form OFI-86C, by checking Block #7, Item I. In Block 13, the Sponsor should enter the employee´s Alien Registration Receipt Card number to aid in verification.

(6) Copies of the appropriate forms can be obtained from the Sponsor or the Office of Security.

Upon receipt of the required forms, the Sponsor will forward the forms to the servicing Security Officer. The Security Officer will process the forms and advise the Sponsor and the Contracting Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility (i.e., adequate controls and restrictions are in place). The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations. The Contracting Officer will notify the contractor of an approved contract start date.

(g) Security Processing Requirements for Low Risk IT Service Contracts. Processing of a NACI is required for all contract employees employed under Low Risk IT service contracts.

(1) Contract employees employed in all Low Risk IT service contracts will require a National Agency Check and Inquiries (NACI) to be processed. The Contracting Officer´s Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. Fingerprints and a Credit Release Authorization must be completed within three working days from start of work, and provided to the Servicing Security Officer, who will forward the investigative package to OPM.

(2) For Low Risk IT service contracts, individuals who are not U.S. citizens (lawful permanent residents) must undergo a NACI that includes an agency check conducted by the Immigration and Customs Enforcement Service. The Sponsor must request the ICE check as a part of the NAC.

(h) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the Sponsor and Contracting Officer will be notified. The Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following reasons:

(1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude.

(2) Falsification of information entered on security screening forms or of other documents submitted to the Department.

(3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract.

(4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets.

(i) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems.

(j) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.

(k) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

. 4 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

PAGE 8 OF 30 WC-133C-12-RQ-0486

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

. 5 1352.233-70 AGENCY PROTESTS (APR 2010)

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg.

16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

Steven Prado US Dept. of Commerce/NOAA Eastern Region Acquisition Division 601 E. 12th St, Rm 1756 Kansas City, MO 64106

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: US Dept of Commerce Office of General Counsel Contract Law Division # Rm 5893 Herbert C. Hoover Bldg 14th St. and Constitution Ave., NW Washington D.C. 20230 Attn: Mark Langstein, Esquire Fax: 202-482-5858

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

. 6 1352.213-71 INSTRUCTIONS FOR SUBMITTING QUOTATIONS UNDER THE SIMPLIFIED ACQUISITION THRESHOLD -

NON-COMMERCIAL (APR 2010)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is 238990, $14.0 million .

(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. At a minimum, quotations must show-

(1) The solicitation number;

(2) The name, address, and telephone number of the offeror;

(3) Acknowledgment of solicitation amendments;

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(4) A technical description showing that the offeror can supply the requirements in the specifications or statement of work in sufficient detail to allow the Government to evaluate the quotation in accordance with the evaluation factors stated in the solicitation.

(5) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and reference information (including contract numbers, points of contact with telephone numbers and other relevant information).

(6) Price and any supporting details for the price, as requested in the solicitation.

(c) Offerors are responsible for submitting quotations, and any modifications thereto, so as to reach the Government office designated in the solicitation by the time specified. The offeror´s initial quotation should contain the offeror´s best terms from a price and technical standpoint. The Government may reject any or all quotations if such action is in the public interest; accept other than the lowest quotation; and waive informalities and minor irregularities in quotations received.

. 7 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity.

For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor´s knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor´s impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government´s rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor´s organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor´s potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor´s own risk.

(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of

PAGE 10 OF 30 WC-133C-12-RQ-0486

the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof.

. 8 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

. 9 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

(a) The contractor agrees, in the performance of this contract, to keep the information furnished by the Government or acquired/developed by the contractor in performance of the contract and designated by the Contracting Officer or Contracting Officer´s Representative, in the strictest confidence. The contractor also agrees not to publish or otherwise divulge such information, in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the contractor´s possession, to those employees needing such information to perform the work described herein, i.e., on a "need to know" basis. The contractor agrees to immediately notify the Contracting Officer in writing in the event that the contractor determines or has reason to suspect a breach of this requirement has occurred.

(b) The contractor agrees that it will not disclose any information described in subsection (a) to any person unless prior written approval is obtained from the Contracting Officer. The contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

. 10 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

. 11 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

(Reference 52.253-1)

. 12 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

(Reference 52.249-10)

. 13 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(Reference 52.246-21)

. 14 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2010)

(Reference 52.244-6)

PAGE 11 OF 30 WC-133C-12-RQ-0486

. 15 52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

(Reference 52.243-5)

. 16 52.242-14 SUSPENSION OF WORK (APR 1984)

(Reference 52.242-14)

. 17 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

(Reference 52.236-28)

. 18 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(Reference 52.236-27)

. 19 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

(Reference 52.236-21)

. 20 52.236-17 LAYOUT OF WORK (APR 1984)

(Reference 52.236-17)

. 21 52.236-13 ACCIDENT PREVENTION (NOV 1991)

(Reference 52.236-13)

. 22 52.236-12 CLEANING UP (APR 1984)

(Reference 52.236-12)

. 23 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

(Reference 52.236-10)

. 24 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

(APR 1984)

(Reference 52.236-9)

. 25 52.236-8 OTHER CONTRACTS (APR 1984)

(Reference 52.236-8)

. 26 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

(Reference 52.236-7)

. 27 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

(Reference 52.236-6)

. 28 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

(Reference 52.236-5)

. 29 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

PAGE 12 OF 30 WC-133C-12-RQ-0486

(Reference 52.233-4)

. 30 52.233-3 PROTEST AFTER AWARD (AUG 1996)

(Reference 52.233-3)

. 31 52.233-1 DISPUTES (JUL 2002)

(Reference 52.233-1)

. 32 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

(Reference 52.232-33)

. 33 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)

(Reference 52.232-27)

. 34 52.232-17 INTEREST (OCT 2010)

(Reference 52.232-17)

. 35 52.228-14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)

(Reference 52.228-14)

. 36 52.228-11 PLEDGES OF ASSETS (JAN 2012)

(Reference 52.228-11)

. 37 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

(Reference 52.228-2)

. 38 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

(Reference 52.225-13)

. 39 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB 2009)

(Reference 52.225-10)

. 40 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)

(Reference 52.223-18)

. 41 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION

CONTRACTS (MAY 2008)

(Reference 52.223-17)

. 42 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)

(Reference 52.223-15)

. 43 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

PAGE 13 OF 30 WC-133C-12-RQ-0486

(Reference 52.223-5)

. 44 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS

(DEC 2007)

(Reference 52.223-2)

. 45 52.223-1 BIOBASED PRODUCT CERTIFICATION (DEC 2007)

(Reference 52.223-1)

. 46 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

(Reference 52.222-50)

. 47 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010

(Reference 52.222-36)

. 48 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

(Reference 52.222-26)

. 49 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

(Reference 52.222-21)

. 50 52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988)

(Reference 52.222-15)

. 51 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

(Reference 52.222-14)

. 52 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988)

(Reference 52.222-13)

. 53 52.222-12 CONTRACT TERMINATION--DEBARMENT (FEB 1988)

(Reference 52.222-12)

. 54 52.222-8 PAYROLLS AND BASIC RECORDS (JUN 2010)

(Reference 52.222-8)

. 55 52.222-7 WITHHOLDING OF FUNDS (FEB 1988)

(Reference 52.222-7)

. 56 52.222-6 DAVIS-BACON ACT (JUL 2005)

(Reference 52.222-6)

. 57 52.222-5 DAVIS-BACON ACT -- SECONDARY SITE OF THE WORK (JUL 2005)

(Reference 52.222-5)

PAGE 14 OF 30 WC-133C-12-RQ-0486

. 58 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (APR 2012)

(Reference 52.219-28)

. 59 52.209-6 PROTECTING THE GOVERNMENT`s INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2010)

(Reference 52.209-6)

. 60 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (FEB 2012)

(Reference 52.204-10)

. 61 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(Reference 52.204-9)

. 62 52.204-7 CENTRAL CONTRACTOR REGISTRATION (FEB 2012)

(Reference 52.204-7)

. 63 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

. 64 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(End of Provision)

. 65 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR 1984)

The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the Government`s interest. If this contract is terminated, the rights, duties, and obligations of the parties, including compensation to the Contractor, shall be in accordance with Part 49 of the Federal Acquisition Regulation in effect on the date of this contract.

PAGE 15 OF 30 WC-133C-12-RQ-0486

. 66 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) "Definition." "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer`s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work.

Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may--

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor;

or

(2) Terminate for default the Contractor`s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government`s rights under any warranty or guarantee.

. 67 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer`s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

PAGE 16 OF 30 WC-133C-12-RQ-0486

. 68 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

(a) The Government shall have the right to take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, the Contracting Officer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Government intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government`s possession or use shall not be deemed an acceptance of any work under the contract.

(b) While the Government has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the work resulting from the Government`s possession or use, notwithstanding the terms of the clause in this contract entitled "Permits and Responsibilities." If prior possession or use by the Government delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly.

. 69 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to

(1) conditions bearing upon transportation, disposal, handling, and storage of materials;

(2) the availability of labor, water, electric power, and roads;

(3) uncertainties of weather, river stages, tides, or similar physical conditions at the site;

(4) the conformation and conditions of the ground; and

(5) the character of equipment and facilities needed preliminary to and during work performance.

The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

. 70 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of--

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor`s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the

PAGE 17 OF 30 WC-133C-12-RQ-0486

time prescribed in paragraph (a) of this clause for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

. 71 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

(a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereafter referred to as "the Act"), may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence.

(b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract.

(c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract) or information related to work under this contract until the Contracting Officer authorizes such action in writing.

. 72 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002)

(a) "Payment of price." The Government shall pay the Contractor the contract price as provided in this contract.

(b) "Progress payments." The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor`s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if--

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) "Contractor certification." Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;

PAGE 18 OF 30 WC-133C-12-RQ-0486

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor`s performance.

(Name) (Title) (Date)

(d) "Refund of unearned amounts." If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall--

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until--

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) "Retainage." If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) "Title, liability, and reservation of rights." All material and work covered by progress payments made shall, at…