UNITED STATES DEPARTMENT OF AGRICULTURE

Rural Electrification Administration

**BULLETIN 1755E-525**

**SUBJECT:** **[Central Office Equipment Contract
(Including]{.underline}**

**[Installation) REA Contract Form 525]{.underline}**

**TO:** All Telephone Borrowers

REA Telephone Staff

**EFFECTIVE DATE:** July 18, 1994

**EXPIRATION DATE:** Date of change of 7 CFR part 1755.525, by
rulemaking

**OFFICE OF PRIMARY INTEREST:** Central Office Equipment Branch,
Telecommunications Standards Division

**FILING INSTRUCTIONS:** File with 7 CFR 1755 and on REANET.

**PURPOSE:** This bulletin provides a user-friendly reformatting of the
Central Office Equipment Contract (Including Installation), (REA Form
525), codified at 7 CFR §1755.525, as published on June 17, 1994, at 59
FR 31120. This bulletin presents the codified REA Form 525 in a
detachable, usable format.

Every effort has been made to ensure the accuracy of this document.
However, in case of discrepancies, the regulation at

7 CFR §1755.525 is the authorized source.

Adam Golodner 7/11/94

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Administrator Date

**TABLE OF CONTENTS**

1\. General

2\. Instructions for Use

Central Office Equipment Contract (Including Installation) REA Form 525

INDEX:

Contract, Central Office Equipment (Including Installation) REA Form 525

**ABBREVIATIONS and ACRONYMS**

CFR Code of Federal Regulations

EEO Equal Employment Opportunity

REA Rural Electrification Administration

**1. GENERAL**

The Central Office Equipment Contract (Including Installation) REA Form
525 contained in this bulletin is a detachable, usable reformatting of
the Central Office Equipment Contract codified at 7 CFR §1755.525. This
contract is to be used with any REA financed central office equipment
that requires the use of REA Form 525.

Divestiture, competition, legislation, and regulation have brought about
many changes in the conduct of telecommunications business. The revised
Form 525 Contract incorporates these changes into the Central Office
Equipment Contract.

**2. INSTRUCTIONS FOR USE**

Remove the attached REA Form 525 and use it with any REA financed
central office equipment that requires the use of REA Form 525.

P & S SERIAL NO \_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Central Office Equipment**

**Contract**

**(Including Installation)**

REA Contract Form 525

U.S. Department of Agriculture

Rural Electrification Administration

According to the Paperwork Reduction Act of 1995, an agency many not
conduct or sponsor, and a person is not required to respond, to a
collection of information unless it displays a valid OMB control number.
The valid OMB control number for this information collection is
0572-0059. The time required to complete this information is estimated
to average 5 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining
data needed, and completing and reviewing the collection of information.

**NOTICE AND INSTRUCTIONS TO BIDDERS**

**CENTRAL OFFICE EQUIPMENT PROJECT**

**(Including Installation)**

**1.** Sealed Proposals for the engineering, furnishing, delivery, and
installation of central office equipment, materials and software for the
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(hereinafter called the \"Owner\") which is to be part of the system
known
as\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

to be financed pursuant to a loan contract between the Owner and the
United States of America (hereinafter called the \"Government\") by the
Administrator of the Rural Electrification Administration (hereinafter
called the \"Administrator\") will be received by the Owner on or before

\_\_\_\_\_\_\_\_o\'clock,\_\_\_\_.M.,\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,

at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

at which time and place the Proposals will be publicly opened and read.
The Rural Telephone Bank may also be a party to the loan contract.

**2.** The Bid Documents (composed of plans, specifications and
drawings), together with all necessary forms and other documents for
Bidders, may be obtained from the Owner or from the Engineer,

at the latter\'s office at
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

The Specifications may be examined at the office of the Owner or at the
office of the Engineer. A copy of the loan contract between the Owner
and the Government may be examined at the office of the Owner.

Each set of Bid Documents will have a serial number, assigned by the
Engineer, and the number of each set with the name of the Bidder will be
recorded by the Engineer. Bids will be accepted only from original
Bidders, or from some other qualified Bidder to whom such a set has been
transferred by the original Bidder with the approval of the Engineer
prior to the pre-bid technical session.

**3.** A pre-bid technical session will be held with each Bidder during
the week of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
19\_\_ at
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,

for the purpose of receiving the Bidder\'s Technical Proposal,
discussing details of the Project(s), and considering suggestions from
Bidders. The Owner shall attach to this Notice a list of the information
required in the Bidder\'s Technical Proposal. Each Bidder will be given
a specific time period for the pre-bid technical session. At the pre-bid
technical session, the Bidder shall fully describe to the Owner any
exceptions to the Specifications the Bidder may request. In addition,
the Bidder shall identify all features and capabilities that are not
fully developed or do not have a verifiable satisfactory field
performance record. If the Owner decides to incorporate any changes into
the Specifications, the Owner shall furnish all prospective Bidders a
copy of the Specifications containing such revisions (the \"Revised
Specifications\") and all Bids shall be made on the basis of the Revised
Specifications. At this session, the Bidder shall identify all
documentation and materials that it claims constitute agreed excluded
documentation under Section (2)(xi) of the Software License. The Bidder
shall claim as agreed excluded documentation only those items it may be
unable to provide to the Borrower as required by said Section (2)(xi).
The Engineer shall immediately provide a list of all items so identified
to \[appropriate REA office\]. The Engineer shall inform the Bidder at
least \_\_\_\_\_\_ days before the scheduled bid opening whether either
the Engineer or \[REA\] will reject the Bid because of items so
identified. Licensor agrees that certain Licensed Software cannot be
excluded from the requirements of said Section (2)(xi), including but
not limited to software that would significantly impair the operation of
the System, would significantly impair the ability of the Owner to
generate revenue, or would pose a risk to REA loan security. If allowed,
the agreed excluded documentation shall be individually identified in an
attachment to the Bid. No bid shall be accepted from a Bidder who fails
to attend the pre-bid technical session or fails to demonstrate to the
Owner that its equipment meets the requirements of the Plans and
Specifications.

**4.** Proposals shall be submitted on the forms furnished by the Owner
and must be delivered in a sealed envelope addressed to the Owner. The
name and address of the Bidder, its license number, if a license is
required for bidding on a project by the State, and the date and hour of
the opening of bids must appear on the envelope in which the Proposal is
submitted. Proposals must be in ink or typewritten. No alterations or
interlineations will be permitted, unless made, initialed, and dated
before submission.

**5.** Prior to the submission of the Proposal, the Bidder shall make
and shall be deemed to have made a careful examination of the
Specifications, forms of Bidder\'s Proposal and Acceptance, and
Contractor\'s Bond attached hereto, and shall become informed as to the
location and characteristics of the proposed central office and remote
terminal installations, features and services, the transportation
facilities, the kind of facilities required before and during the
delivery and installation of the equipment and materials, the general
local conditions and all other matters that may affect the cost and the
time of completion of the installations. Bidders will be required to
comply with all applicable statutes, codes, and regulations, including
those pertaining to the licensing of contractors and the \"Anti
Kick-Back Acts,\" as amended, (40 U.S.C. 276c; 41 U.S.C. 51 [et
seq]{.underline}.) and regulations issued pursuant thereto, and 18
U.S.C. 287, 874, 1001, as amended.

**6.** Each Proposal must be accompanied by a Bid Bond, in the form
attached, or a certified check on a bank that is a member of the Federal
Deposit Insurance Corporation, payable to the order of the Owner, in an
amount equal to ten percent (10%) of the maximum possible bid price. The
maximum possible bid price is the sum of the total base bid, spare
parts, maintenance tools and all positive amounts for alternates. Each
Bidder agrees that, if its Proposal is one of the three low Proposals,
its Bid Bond or check shall be held by the Owner until a Proposal is
accepted and Contractor\'s Bond, when required, is furnished by the
successful Bidder and such acceptance has been approved by the
Administrator, or for a period not to exceed ninety (90) days from the
date hereinbefore set for the opening of Proposals whichever period
shall be the shorter. If such Proposal is not one of the three low
Proposals, the Bid Bond or check will be returned to the Bidder within a
period of thirty (30) days.

**7.** The successful Bidder will be required to furnish to the Owner a
Contractor\'s Bond in conformance with the requirements of 7 CFR Part
1788 Subpart C, Insurance for Contractors, Engineers, and Architects.

**8.** Should the successful Bidder fail or refuse to furnish a
Contractor\'s Bond within thirty (30) days after written notification of
the award of the Contract by the Owner, the Bidder will be considered to
have abandoned the Proposal. In such event, the Owner shall be entitled
(a) to enforce the Bid Bond in accordance with its terms, or (b) if a
certified check has been delivered with the Proposal, to retain from the
proceeds of the certified check the difference (not exceeding the amount
of the certified check) between the amount of the Proposal and such
larger amount for which the Owner may in good faith contract with
another party to construct the Project(s). The term \"successful
Bidder\" shall be deemed to include any Bidder whose Proposal is
accepted after another Bidder has previously refused or has been unable
to execute the Contract or to furnish a Contractor\'s Bond.

**9.** If requested by the Owner or the Administrator, the Bidder shall
furnish evidence, satisfactory to the Owner and the Administrator, that
the Bidder has the necessary facilities, ability, and financial
resources to perform the Contract.

**10.** The Contract, when executed, shall be deemed to include the
entire agreement between the parties thereto and neither party shall
claim any modification thereof resulting from any representation or
promise made at any time by any officer, agent, or employee of the other
or by any other person.

**11.** The Owner reserves the right to waive minor irregularities or
minor errors in any Proposal, if it appears to the Owner that such
irregularities or errors were made through inadvertence. Any such
irregularities or errors so waived must be corrected on the Proposal in
which they occur prior to the execution of any Contract which may be
awarded thereon. Failure to provide a Bid Bond or check as specified in
item six (6) above is not a minor irregularity.

**12.** The Owner reserves the right to reject any or all Proposals.

**13.** The equipment to be furnished for all central offices and remote
switching terminals included in the Proposal is to be of one and the
same basic design. A Proposal submitted on any other basis will not be
considered.

**14. Equal Opportunity and Employment**

\(a\) The Offeror\'s or Bidders\'s attention is called to the \"Equal
Opportunity Clause\" and the \"Standard Federal Equal Employment
Specifications\" set forth herein.

\(b\) The goals and timetables for minority and female participation,
expressed in percentage terms for the Contractor\'s aggregate workforce
in each trade on all construction work in the covered area, are as
follows:

+\-\-\-\-\-\-\-\-\-\-\-\--Ú\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--Ì

¦ Timetables ° Goals for minority ¦ Goals for female °

¦ ¦ participation for each ¦ participation in °

¦ ¦ trade ¦ trade °

+\-\-\-\-\-\-\-\-\-\-\-\--+\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--+\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--À

° ° (Insert goals for each ¦ (Insert goals for each°

° ° year.) ¦ year.) °

° ¦ ¦ °

¦ ° ¦ °

¦ ° ¦ °

¦ ° ¦ °

¦ ° ¦ °

¦ ° ¦ °

¦ ° ¦ °

¦ ° ¦ °

¦ ° ¦ °

¦ ° ¦ °

¦ ° ¦ °

¦ ° ¦ °

¦ ° ¦ °

¦ ° ¦ °

Û\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--+

These goals are applicable to all the Contractor\'s construction work
(whether or not it is federal or federally assisted) performed in the
covered area. If the Contractor performs construction work in a
geographical area located outside of the covered area, it shall apply
the goals established for such geographical area where work is actually
performed. With regard to this second area, the Contractor also is
subject to the goals for both its federally involved and nonfederally
involved construction.

The Contractor\'s compliance with Executive Order 11246 (3 CFR,
1963-1965 Comp., p. 340) and the regulations in 41 CFR Part 60-4 shall
be based on its implementation of the Equal Opportunity Clause, specific
affirmative action obligations required by the specifications set forth
in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of
minority and female employment and training must be substantially
uniform throughout the length of the contract, and in each trade, and
the Contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. Transfer of minority or female
employees or trainees from Contractor to Contractor or from project to
project for the sole purpose of meeting the Contractor\'s goals shall be
a violation of the contract, Executive Order 11246 and the regulations
in 41 CFR Part 60-4. Compliance with the goals will be measured against
the total work hours performed.

\(c\) The Contractor shall provide written notification to the Director
of the Office of Federal Contract Compliance Programs within 10 working
days of award of any construction subcontract in excess of \$10,000 at
any tier for construction work under the contract resulting from this
solicitation. The notification shall list the name, address and
telephone number of the subcontractor; employer identification number of
the subcontractor; estimated dollar amount of the subcontract; estimated
starting and completion dates of the subcontract; and the geographical
area in which the subcontract is to be performed.

\(d\) As used in this Notice, and in the contract resulting from this
solicitation, the \"covered area\" is

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

([insert description of the geographical areas where the contract is to
be performed giving the state, county and city, if any.]{.underline})

NOTE: Paragraph 14 is applicable to the extent required by law. If
applicable, certain information needs to be inserted at subparagraphs
(b) and (d). In determining whether and how this paragraph is
applicable, reference should be made to Office of Federal Contract
Compliance Programs regulations (41 CFR chapter 60).

By\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

OWNER

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

DATE TITLE

**BIDDER\'S PROPOSAL**

**TO**

**ENGINEER, FURNISH, DELIVER, AND INSTALL EQUIPMENT,**

**MATERIALS AND SOFTWAR**E

(Proposal shall be submitted in ink or typewritten)

To:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(HEREINAFTER CALLED THE \"OWNER\")

The undersigned (hereinafter called the \"Bidder\") hereby proposes to
engineer, furnish, deliver, and install the equipment, materials and
software for each Project listed under Column 1, \"Project,\" in Article
I, Section 1, and described in the plans, specifications and drawings
(hereinafter called the \"Specifications\") prepared by the Owner and
attached hereto and made a part hereof, financed by a loan to the Owner
made or guaranteed by the United States of America, acting through the
Administrator of the Rural Electrification Administration (hereinafter
called the \"Administrator\"), or by loans to the Owner by the United
States of America and by the Rural Telephone Bank, and designated
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

The Bidder has become informed as to the location and characteristics of
the proposed installations, has become informed as to the kind of
facilities required before and during the delivery and installation of
the equipment, material, and software and has become acquainted with the
labor conditions which would affect the work.

The Bidder agrees that if its bid is accepted the following terms and
conditions shall govern.

If, in submitting this Proposal, the Bidder has taken any exception to
the form of proposal furnished by the Owner, the Bidder understands that
the Owner and the Administrator may evaluate the effect of such change
as they see fit and they may exclude the Proposal from consideration in
determining the award of the Contract.

**Replace this page with Article I, Section 1**

**Available on hard copy only**

**Section 2. Acceptable Equipment.** Unless otherwise specified by the
Owner (and agreed to in advance in writing by REA), the Bidder agrees to
furnish under this Proposal only equipment which is currently covered by
a letter of acceptance issued by the Chairman, Committee \"A\"
(Telephone). \[Note: for convenience of borrowers and others,
domestically manufactured products are included in REA Bulletin
1755I-100.\] The Bidder agrees also to furnish only materials, equipment
and software which are new and of most recent issue and manufacture, as
of the date of the bid opening, or of near future release for which the
Bidder can assure timely delivery.

**Section 3. Changes in Project.** The Owner, with the approval of the
Administrator, may from time to time during the performance of the
Contract effected by the acceptance of this Proposal, make reasonable
changes, additions to or subtractions from the Specifications which are
part of the Proposal as conditions may warrant. However, if substantial
changes in the Project shall require an extension of time, a reasonable
extension will be granted if the Bidder shall make a written request
therefor to the Owner within thirty (30) days after any such change is
made. Further, if the cost to the Bidder shall be increased or decreased
by any such change or addition, the Contract price shall be increased or
decreased by a reasonable amount in accordance with a contract amendment
signed by the Owner and the Bidder and approved by the Administrator. No
claim for additional compensation for any such change or addition will
be considered unless the Bidder shall have made a written request
therefor to the Owner prior to the commencement of work in connection
with such change or addition. The Delivery or Completion of Installation
times specified under Columns 5, \"Delivery\", and 6, \"Completion of
Installation,\" in Article I, Section 1, can only be changed by a
Contract amendment approved by the Bidder, the Owner and REA.

**Section 4. Taxes.** The bid prices herein set forth do not include any
amounts payable by the Bidder or the Owner on account of taxes imposed
by any taxing authority upon the sale, purchase or use of materials,
supplies, equipment or software to be incorporated in the Project(s). If
any such tax is applicable to the sale, purchase or use of materials,
supplies, equipment or software hereunder, the amount thereof shall be
stated separately on all invoices and paid by the Owner.

**ARTICLE II**

**Delivery and Installation**

**Section 1. Time of Completion of Installation.** The time of delivery
of materials, equipment, and software and of Completion of Installation
are of the essence of this Contract. The Bidder shall deliver the
materials, equipment, and software required hereunder for each Project
upon the time intervals established under Column 5, \"Delivery,\" in
Article I, Section 1, after the Administrator shall have approved this
Contract in writing, and shall prosecute diligently and complete the
installation of materials, equipment and software for each Project in
accordance with the terms of this Contract and Specifications to the
satisfaction of the Owner and the Administrator within the number of
calendar days specified under Column 6, \"Completion of Installation,\"
in Article I, Section 1. The times for such Delivery or such Completion
of Installation shall be extended for the period of any reasonable delay
due exclusively to causes beyond the control and without the fault of
the Bidder, including, but not limited to, acts of God, fires, strikes,
floods, changes in the Specifications as herein provided, and acts or
omissions of the Owner with respect to matters for which the Owner is
solely responsible. However, no such extension of time shall be granted
the Bidder unless within thirty (30) days after Bidder becomes aware of
the happening of any event relied upon by the Bidder for such an
extension of time the Bidder shall have made a request therefor in
writing to the Owner. Further, no delay in such time for delivery of
materials, equipment and software or Completion of Installation or in
the progress of the work shall result in any liability on the part of
the Owner, except that the Owner shall be responsible for and shall pay
the Bidder on demand all additional, supportable costs and expenses
incurred by the Bidder due to delays to the extent such delays are
caused by the Owner\'s failure to perform its obligations under this
Contract unless the Owner\'s failure to perform is caused by forces
beyond its control.

**Section 2. Sequence of Installation.** All Projects shall be completed
in the sequence in which they are listed under

Column 1, \"Project,\" in Article I, Section 1.

**Section 3. Supervision and Inspection.** The Bidder shall give
sufficient supervision to the work at the site of the Project(s), using
the Bidder\'s best skill and attention. The Bidder shall carefully study
and compare all drawings, specifications, and other instructions and
shall promptly report to the Owner any error, inconsistency or omission
which Bidder may discover. The Bidder shall keep on the Project(s)
during its progress a competent superintendent (hereinafter called the
\"Superintendent\") and any necessary qualified assistants, all
satisfactory to the Owner. The Superintendent shall represent the Bidder
and all directions given to the Superintendent by the Owner shall be as
binding as if given to the Bidder. When requested by the Bidder, such
directions shall be confirmed in writing.

**Section 4. Inspection and Tests.** The installation of materials,
equipment and software hereunder and all materials, equipment and
software used therein shall be subject to the inspection, test and
approval of the Owner and Administrator, in accordance with the
Specifications. The Bidder shall furnish all pertinent information
required concerning the nature or source of materials. The Owner and the
Administrator shall have the right to inspect pertinent records (other
than manufacturing cost information) of the Bidder and of any
subcontractor relevant to this Project(s). The Bidder shall provide all
reasonable facilities necessary for such inspection and tests, except
that the Bidder is not required to provide test equipment for the
Owner\'s tests unless specifically required in the Specifications.
Failure of the Owner to make inspections shall not release the Bidder
from performance required hereunder.

The Bidder shall notify the Owner in writing upon Completion of
Installation of each Project and provide a copy of the results of tests,
if any, conducted by the Bidder.

The Owner shall make inspections and tests of each Project for
compliance with the Specifications and provide the Bidder the results of
such inspections and tests on REA Form 517, Results of Acceptance Tests.
If the Owner has not completed its inspections and tests and provided
the Bidder the results on REA Form 517 within thirty (30) days after the
written notification of Completion of Installation from the Bidder, the
Owner shall (1) pay to the Bidder the costs incurred by the Bidder as a
result of this delay, and (2) grant an extension of time for the
Completion of the Project equal to the number of days from the date of
the end of the thirty (30) day period until the date the Owner provides
the REA Form 517 to the Bidder.

Within thirty (30) days of receipt of the REA Form 517 from the Owner,
the Bidder shall correct all deficiencies, if any, listed on the REA
Form 517 and notify the Owner in writing of such corrections and deliver
to the Owner the documents set forth in Article III, Section 2, at which
time a final Owner\'s inspection and test of each Project shall be
conducted. If tests subsequent to this are made necessary by the
Bidder\'s failure to satisfactorily resolve all such deficiencies as
previously listed on the REA Form 517, the Bidder shall pay the Owner
for the cost incurred by the Owner for all such subsequent tests.

**Section 5. Delivery of Possession and Control to the Owner.** The
Bidder shall deliver to the Owner, and the Owner shall accept, full
possession and control of each Project on the date of Completion of the
Project or on an earlier date if agreed under Article IV, Section 2.

**Section 6. Employees.** The Owner shall have the right to require the
removal of any employee of the Bidder from the Project site if in the
judgment of the Owner such removal is necessary in order to protect the
interest of the Owner.

**Section 7. Defective Workmanship, Materials or Software.** Throughout
the warranty period defined below the Bidder shall, within thirty (30)
days of written notice from the Owner, and without charge to the Owner,
at the Bidder\'s option, either remedy or replace any materials,
equipment or software found to be defective in material, workmanship or
installation, or not in conformity with the Specification. This is
subject to the following definitions and conditions:

\(a\) The warranty start date for a Project is the date of delivery of
possession and control by the Bidder to the Owner of that Project
included in the Contract. Refer to Article II, Section 5. The warranty
period is twelve (12) months from the warranty start date, or six (6)
months from Completion of the Project, whichever results in the longer
period of coverage.

\(b\) Without regard to the expiration of the warranty period set forth
above, the Bidder warrants to the Owner that any Software furnished
under this Contract shall function, for a period of five (5) years from
the warranty start date defined in the Contract, in accordance with the
specifications and any written or printed technical material provided by
the Bidder to explain the operation of the Software and aid in its use.
The Bidder shall correct all deficiencies within thirty (30) days from
the date of receipt by the Bidder of written notice of such deficiencies
from the Owner. An extension of this thirty (30) day period may be
allowed only if agreed upon by the Owner. It shall be the Bidder\'s
obligation to insert and thoroughly test, at no charge to the Owner, any
software amendment or alteration provided to satisfy the obligations of
this Section 7. If a deficiency is detected or a correction made within
the final ninety (90) days of the warranty, the warranty shall be
extended to a date ninety (90) days after the deficiency has been
corrected.

\(c\) The Owner shall pay the Bidder for any use of the Bidder\'s
technical assistance center except for usage to diagnose defects covered
by this warranty.

\(d\) This warranty is not diminished by the acceptance of workmanship,
materials, equipment, or software, or by the issuing of any certificate
with respect to Completion of the Project.

\(e\) This warranty does not cover defects in materials, equipment or
software that are caused by modifications to or abuse of materials,
equipment or software by the Owner.

\(f\) The Owner shall bear the cost and risk of shipping defective
components to the Bidder\'s designated repair center. The Bidder shall
bear the cost and risk of shipping new or repaired replacement
components to the Owner.

**ARTICLE III**

**Payments and Releases of Lien**

**Section 1. Payment to Bidder.**

\(a\) The Owner shall pay the Bidder upon the basis of written estimates
of the materials, equipment, and software delivered at the site of the
Project, presented by the Bidder, and approved by the Owner, the
following percentages of the price of the materials, equipment, and
software for each Project set forth under Column 2, \"Materials,
Equipment, and Software,\" in Article I, Section 1, as and if revised:

\(i\) Forty-five percent (45%) when fifty percent (50%) of the
materials, equipment, and software for each Project has been delivered
at the site of the Project, and

\(ii\) Ninety percent (90%) when all the materials, equipment, and
software required to place each Project into operation has been
delivered at the site of the Project.

\(b\) Upon written notification of the Completion of Installation of
each Project, the Owner shall pay the Bidder ninety percent (90%) of the
Base Bid plus accepted alternates for that Project.

\(c\) Upon the Completion of Installation, but prior to the payment to
the Bidder of any amount in excess of ninety percent (90%) of the Total
Contract Price, the Owner shall inspect the work performed hereunder and
if the work shall be found to be in accordance with the Specifications
and all provisions hereunder, the Owner shall certify as to that fact
and as to the amount of the balance found to be due to the Bidder. No
later than thirty (30) days after Completion of the Contract, as defined
in

Article VII, Section 1, \"Definitions,\" the Owner shall submit such
final certificate to the Administrator for approval and when such
approval has been given, the Owner shall pay to the Bidder all unpaid
amounts to which the Bidder shall be entitled hereunder; provided,
however, such final payments shall be made not later than sixty (60)
days after Completion of the Contract unless approval by the
Administrator shall be withheld or delayed due to Bidder\'s actions or
failure to act.

\(d\) Payment on undisputed invoices submitted by the Bidder shall be
due thirty (30) days after receipt. Any amounts of these invoices not
paid when due shall accrue interest at a rate one and one-half percent
(1 1/2%) higher than the \"Prime Rate\" published in the Wall Street
Journal in its first issue of the month in which payment becomes due and
changing each subsequent month with the first issue published in the
respective month.

\(e\) Notwithstanding other provisions of this Article III, the Bidder,
shall, at its request in writing, receive payment in full for each
Project upon Completion of Installation of such and upon:

\(i\) Completion of the final acceptance tests of such Project as
certified on REA Form 754, Certificate of Completion, Central Office(s)
and approved by the Owner.

\(ii\) Submission to the Owner and Administrator of the releases of lien
and Certificate of Contractor referred to in Section 2 hereof or in lieu
thereof, where the Bidder is the manufacturer, the execution of the
Certificate of Contractor and Indemnity Agreement on REA Form 754, all
in respect of such Project.

\(iii\) Approval by the Administrator of the Certificate of Completion,
REA Form 754 in respect of such Project.

Ten percent (10%) of the contract price of one central office shall be
retained until the Bidder shall have furnished the certificates and
releases of lien or indemnity agreement in respect of the Project
required by Section 2 of this Article III.

**(This Section 1(e) is to be used only if (1) the Contract includes at
least one central office and (2) the Owner wishes to allow the partial
closeout procedure. The Owner shall strike out this Section 1(e) if the
partial closeout procedure is not to be allowed)**

\(f\) Acceptance by the Owner of equipment, materials, workmanship or
software while the Bidder is in default under any provision of this
Contract shall not be construed as a waiver by the Owner of any right
hereunder including, without limitation, any right to liquidated damages
the Owner may have by virtue of Article V, Section 2.

**Section 2. Release of Liens.** Upon the Completion of Installation by
the Bidder, but prior to the payment to the Bidder of any amount in
excess of ninety percent (90%) of the Total Contract Price, except as
specified in Article III, Section 1(e), the Bidder shall deliver to the
Owner (a) two original Waiver and Release of Lien in the form attached
hereto, from manufacturers, material suppliers and subcontractors who
have furnished materials or services for the work, and (b) two original
Certificate of Contractor, in the form attached hereto, to the effect
that all labor has been paid and that all such releases have been
submitted to the Owner; and the Owner shall deliver to the Administrator
for approval one of the originals of each such release and certificate.

In lieu of releases of lien where the Bidder is the manufacturer of the
equipment, the Bidder may deliver to the Owner, in duplicate in the form
attached hereto, a Certificate of Contractor and Indemnity Agreement,
stating that all manufacturers, material suppliers and subcontractors
who have furnished materials or services for the Project(s) have been
paid in full, and agreeing to indemnify the Owner against any liens
arising out of the Bidder\'s performance hereunder which may have been
or may be filed against the Owner.

In this Article III \"manufacturer\" shall mean a Bidder who makes,
produces, or manufactures the equipment and whose interest, including
non-contracted installation, represent more than fifty percent (50%) of
the value of the Total Contract Price.

**ARTICLE IV**

**Particular Undertakings of the Bidder**

**Section 1. Protection to Persons and Property.** At all times when
equipment and materials are being delivered and installed the Bidder
shall exercise reasonable precautions for the safety of employees on the
job and of the public and shall comply with all applicable provisions of
Federal, State and Municipal safety laws and building and construction
codes. All machinery and equipment and other physical hazards shall be
guarded in accordance with the \"Manual of Accident Prevention in
Construction\" of the Associated General Contractors of America unless
such instructions are incompatible with Federal, State or Municipal laws
or regulations. The following provisions shall not limit the generality
of the above requirements:

\(a\) The Bidder shall at all times keep the premises free from
accumulations of waste material or rubbish caused by its employees or
work, and at the completion of the work the Bidder shall remove all
rubbish from and about the Project(s) and all its tools, scaffolding and
surplus materials and shall leave its work \"broom clean.\"

\(b\) The work, from its commencement to completion, or to such earlier
date or dates when the Owner may take possession and control, shall be
under the charge and control of the Bidder and during such period of
control by the Bidder all risks in connection therewith, and in
connection with the equipment, materials and software to be used
therein, shall be borne by the Bidder. The Bidder shall make good and
fully repair all injuries and damages to the equipment, materials and
software under the control of the Bidder by reasons of any act of God,
or any other casualty or cause whether or not the same shall have
occurred by reason of the Bidder\'s negligence. The Bidder shall hold
the Owner harmless from any and all claims for injuries of persons or
for damage to property happening by reason of any negligence on the part
of the Bidder or any of the Bidder\'s agents, subcontractors or
employees during the control by the Bidder of the Project(s) or any part
thereof. The Owner shall promptly notify the Bidder in writing of any
such claims received and, except where the Owner is the claimant, shall
give to the Bidder full authority and opportunity to settle such claims,
and reasonably cooperate with the Bidder in obtaining information
relative to such claims.

\(c\) Monthly reports of all accidents shall be promptly submitted to
the Owner by the Bidder giving such data as may be prescribed by the
Owner.

**Section 2. Termination of Bidder\'s Risks and Obligations.** The
Bidder shall deliver to the Owner, and the Owner shall accept, full
possession and control of each Project on the date of Completion of the
Project. However, at any time after payment by the Owner to the Bidder
of ninety percent (90%) of the Total Base Bid plus accepted alternates
for that Project, but prior to Completion of the Project, the Owner and
the Bidder may agree in writing to an earlier date of delivery of
possession and control. Upon such delivery of possession and control of
any Project the Bidder\'s risks and obligations as set forth in Article
IV, Section 1(b), pertaining to such Project shall be terminated;
provided, however, that nothing herein contained shall relieve the
Bidder of its obligation for full performance under the Specifications,
or its liability with respect to defective workmanship or materials as
specified in Article II, Section 7 hereof. The equipment shall not be
placed in service until delivery of possession and control to the Owner
has been accomplished, as set forth above.

**Section 3. Insurance.** During the Bidder\'s performance hereunder,
the Bidder shall take out and maintain fully paid insurance providing
not less than the minimum coverage required by 7 CFR Part 1788, Subpart
C.

The Owner shall have the right to require public liability insurance and
property damage liability insurance in an amount greater than those
required in 7 CFR Part 1788, Subpart C. If this requirement is included
in the plans and specifications used for bidding, the added costs shall
be included in the bid price. If the requirement is added after the
Contract is approved, the additional premium or premiums payable solely
as the result of such additional insurance shall be added to the
Contract price, by Contract amendment.

Upon request by the Administrator, the Bidder shall furnish to the
Administrator a certificate in such form as the Administrator may
prescribe evidencing compliance with the foregoing requirements.

**Section 4. Purchase of Materials.** The Bidder shall purchase all
materials and supplies except software outright and not subject to any
conditional sales agreements, bailment lease or other agreement
reserving unto the seller any right, title or interest therein.
Materials and supplies other than software shall become the property of
the Owner as the Owner makes payments therefor to the Bidder in
accordance with Article III, Section 1(a).

**Section 5. Software License.** The software licensing agreement, if
required, covering the rights, terms and conditions of the use and
assignability of all software integral to the operation of the
Project(s), shall be in the form of Addendum 1 to this Contract.

**Section 6. Assignment of Guarantees.** All guarantees of materials,
equipment, workmanship and software running in favor of the Bidder shall
be transferred and assigned to the Owner upon Completion of the Project
and at such time as the Bidder receives final payment. Any such
guarantees shall be in addition to the Bidder\'s warranty defined in
Article II, Section 7. This provision may be modified with respect to a
particular warranty if the Bidder demonstrates to the satisfaction of
REA and the Owner that a transfer is not possible.

**Section 7. Patent, Copyright, Trademark and Trade Secret
Infringement.** The Bidder shall hold harmless and indemnify the Owner
from any and all claims, suits, and proceedings for the infringement of
any patent, copyright, trademark or violation of trade secrets covering
any equipment or software used in the work, except for items of the
Owner\'s design or selection. If the Owner\'s use of equipment or
software is enjoined, the Bidder shall promptly, at its own expense,
modify or replace the infringing equipment or software so that it no
longer infringes but remains functionally equivalent, or obtain for the
Owner a license or other right to use. This shall be in addition to any
other rights or claims which the Owner may have. The Bidder shall, at
its own expense, (and the Owner agrees to permit Bidder to do so,)
defend any suits which may be instituted by any party against the Owner
for alleged infringement of patents, copyright, trademark or violation
of trade secrets relative to the Bidder\'s performance hereunder. Either
party shall notify the other promptly of any such claims, and the Owner
shall give to the Bidder full authority and opportunity to settle such
claims, and shall reasonably cooperate with the Bidder in obtaining
information relative to such claims.

**Section 8. Compliance with Statutes and Regulations.** The Bidder
shall comply with all applicable laws, statutes, ordinances, rules and
regulations. The Bidder acknowledges that it is familiar with the Rural
Electrification Act of 1936, as amended (7 U.S.C. 901 [et
seq]{.underline}.), the Anti-Kickback Acts, as amended (40 U.S.C. 276c;
41 U.S.C. 51 [et seq]{.underline}.), and any rules and regulations
issued pursuant thereto, and 18 U.S.C. 201, 286, 287, 641, 666, 874,
1001, 1361 and 1366, as amended. The Bidder understands that the
obligations of the parties hereunder are subject to the applicable
regulations and orders of the Governmental agencies having jurisdiction
in the premises.

The Bidder represents that to the extent required by Executive Orders
12549 (3 CFR, 1985-1988 Comp., p. 189) and 12689 (3 CFR, 1989 Comp., p.
235), Debarment and Suspension, and 7 CFR Part 3017, it has submitted to
the Owner a duly executed certification in the form prescribed in 7 CFR
Part 3017.

The Bidder represents that, to the extent required, it has complied with
the requirements of Pub. L. 101-121, Section 319, 103 Stat. 701, 750-765
(31 U.S.C. 1352), entitled \"Limitation on use of appropriated funds to
influence certain Federal contracting and financial transactions,\" and
any rules and regulations issued pursuant thereto.

**ARTICLE V**

**Remedies**

**Section 1. Completion on Bidder\'s Default.** If default shall be made
by the Bidder in the performance of any of the work hereunder, the
Owner, without in any manner limiting its legal and equitable remedies
in the circumstances, may serve upon the Bidder and the surety or
sureties upon the Bidder\'s Bond or Bonds a written notice requiring the
Bidder to cause such default to be corrected forthwith. Unless within
thirty (30) days after the service of such notice upon the Bidder such
default shall be corrected or arrangements for the correction thereof,
satisfactory to both the Owner and the Administrator, shall have been
made by the Bidder or its surety or sureties, the Owner may take over
the performance of the Bidder\'s obligations hereunder and prosecute the
same to completion by contract or otherwise for the account and at the
expense of the Bidder, and the Bidder and its surety or sureties shall
be liable to the Owner for any supportable cost or expense in excess of
the bid price occasioned thereby. In such event, the Owner may take
possession of and utilize, in completing the Project(s), any tools,
supplies, equipment, appliances and plant belonging to the Bidder which
may be situated at the site of the Project(s). The Owner, in such
contingency, may exercise any rights, claims or demands which the Bidder
may have against third persons in connection herewith and for such
purpose the Bidder does hereby assign, transfer and set over unto the
Owner all such rights, claims and demands.

**Section 2. Liquidated Damages.** Should the Bidder fail to complete
any Project as shown under Column 7, \"Completion of the Project,\" in
Article I, Section 1, within the time herein agreed upon, after giving
effect to extensions of time, if any, herein provided, then, in that
event and in view of the difficulty of estimating with exactness damages
caused by such delay, the Owner shall, so long as the subject Project
shall not have been placed in service, have the right to deduct from and
retain out of such moneys which may be then due, or which may become due
and payable to the Bidder, the sum of:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ dollars (\$\_\_\_\_\_\_\_\_) for
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Project)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ dollars (\$\_\_\_\_\_\_\_\_) for
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Project)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ dollars (\$\_\_\_\_\_\_\_\_) for
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Project)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ dollars (\$\_\_\_\_\_\_\_\_) for
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Project)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ dollars (\$\_\_\_\_\_\_\_\_) for
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Project)

per day for each and every day that such completion is delayed beyond
the scheduled time for Completion of the Project, as liquidated damages
and not as a penalty, up to the amount of the respective Base Bid plus
accepted alternates for the affected Project; provided, however, that
the Owner shall promptly notify the Bidder in writing of the manner in
which the amount claimed as liquidated damages was computed. The Bidder
shall pay to the Owner the amount necessary to effect such payment in
full. Such payment is not to be reduced by the value of any partial
performance by the Bidder.

At the technical sessions, each Bidder shall identify all features and
capabilities that are not fully developed or do not have a verifiable
satisfactory field performance record. If the Owner allows these
features to be bid as separate Projects, then they are to be
individually listed under Columns 1 through 10, in Article I, Section 1.
These unproven features and capabilities are to be individually listed
in this Section 2 also, with liquidated damages amounts determined by
the Owner and stated for each. If a Bidder neglects to identify any such
feature at the technical session, delay in providing the feature is
considered a delay in completing the associated Project and the Owner
may assess liquidated damages listed for that Project regardless of
whether the Project is placed in service.

**Section 3. Consequential Damages.** In no event shall the Bidder\'s
liability for incidental or consequential loss or damage, except for
personal injury or tangible property damage, exceed the amount of ten
times the total contract price, as amended.

**Section 4. Enforcement of Remedies by Administrator.** The
Administrator may on behalf of the Owner exercise any right or enforce
any remedy which the Owner may exercise or enforce hereunder.

**Section 5. Cumulative Remedies.** Every right or remedy herein
conferred upon or reserved to the Owner or the Administrator shall be
cumulative and shall be in addition to every right and remedy now or
hereafter existing at law or in equity or by statute and the pursuit of
any right or remedy shall not be construed as an election; provided,
however, that the provisions of Section 2 of this Article V shall be the
exclusive measure of damages for failure by the Bidder to have effected
the Completion of Project within the time herein agreed upon.

**ARTICLE VI**

**Equal Employment**

**Section 1. The Bidder.**

\(a\) The Bidder represents that:

\(1\) It has, \_\_\_\_ does not have \_\_\_\_, 100 or more employees,
and if it has, that

\(2\) It has \_\_\_\_, has not \_\_\_\_, furnished the Equal Employment
Opportunity Employers Information Report EEO-1, Standard Form 100,
required of employers with 100 or more employees pursuant to Executive
Order 11246 and Title VII of the Civil Rights Act of 1964.

\(b\) The Bidder agrees that it will obtain, prior to the award of any
subcontract for more than \$10,000 hereunder to a subcontractor with 100
or more employees, a statement, signed by the proposed subcontractor,
that the proposed subcontractor has filed a current report on Standard
Form 100.

\(c\) The Bidder agrees that if it has 100 or more employees and has not
submitted a report on Standard Form 100 for the current reporting year
and that if this contract will amount to more than \$10,000, the Bidder
will file such report, as required by law, and notify the Owner in
writing of such filing prior to the Owner\'s acceptance of this
Proposal.

\(d\) The Bidder certifies that it does not maintain or provide for its
employees any segregated facilities at any of its establishments, and
that it does not permit its employees to perform their services at any
location, under its control, where segregated facilities are maintained.
The Bidder certifies further that it will not maintain or provide for
its employees any segregated facilities at any of its establishments,
and that it will not permit its employees to perform their services at
any location, under its control, where segregated facilities are
maintained. The Bidder agrees that a breach of this certification is a
violation of the Equal Opportunity Clause in this contract. As used in
this certification, the term \"segregated facilities\" means any waiting
rooms, work areas, restrooms and washrooms, restaurants and other eating
areas, timeclocks, locker rooms and other storage or dressing areas,
parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees which are
segregated by explicit directive or are in fact segregated on the basis
of race, color, religion, or national origin, because of habit, local
custom, or otherwise. The Bidder agrees that (except where it has
obtained identical certifications from proposed subcontractors for
specific time periods) it will obtain identical certifications from
proposed subcontractors prior to the award of subcontracts exceeding
\$10,000 which are not exempt from the provisions of the Equal
Opportunity Clause, and that it will retain such certifications in its
files.

**Section 2. During the performance of this contract, the Contractor
agrees as follows:**

\(a\) The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex or
national origin. The Contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places
available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.

\(b\) The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all
qualified applicants shall receive consideration for employment without
regard to race, color, religion, sex or national origin.

\(c\) The Contractor will send to each labor union or representative of
workers with which the Bidder has a collective bargaining agreement or
other contract or understanding, a notice to be provided advising the
said labor union or workers\' representative of the Contractor\'s
commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.

\(d\) The Contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations and relevant
orders of the Secretary of Labor.

\(e\) The Contractor will furnish all information and reports required
by Executive Order 11246 of September 24, 1965, and by rules,
regulations and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to the Contractor\'s books, records and accounts
by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations and
orders.

\(f\) In the event of the Contractor\'s noncompliance with the
nondiscrimination clauses of this contract or with any of the said
rules, regulations or orders, this contract may be canceled, terminated
or suspended in whole or in part and the Contractor may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions as
may be imposed and remedies invoked as provided in the said Executive
Order 11246 of September 24, 1965, or by rule, regulation or order of
the Secretary of Labor, or as otherwise provided by law.

\(g\) The Contractor will include the portion of the sentence
immediately preceding paragraph (a) and the provisions of paragraphs (a)
through (g) in every subcontract or purchase order unless exempted by
rules, regulations or orders of the Secretary of Labor issued pursuant
to Section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions, including actions for noncompliance;
provided, however, that in the event a contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency, the Contractor may
request the United States to enter into such litigation to protect the
interests of the United States.

**Section 3. Equal Employment Opportunity Specifications.**

\(a\) As used in these specifications:

\"Covered area\" means the geographical area described in the
solicitation from which this contract resulted;

\"Director\" means Director, Office of Federal Contract Compliance
Programs, United States Department of Labor, or any person to whom the
Director delegates authority;

\"Employer identification number\" means the Federal Social Security
number used on the Employer\'s Quarterly Federal Tax Return, U.S.
Treasury Department Form 941; and

\"Minority\" includes:

\(i\) Black (all persons having origins in any of the Black African
racial groups not of Hispanic origin);

\(ii\) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or
South American or other Spanish Culture or origin, regardless of race);

\(iii\) Asian and Pacific Islander (all persons having origins in any of
the original peoples of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands); and

\(iv\) American Indian or Alaskan Native (all persons having origins in
any of the original peoples of North America and maintaining
identifiable tribal affiliations through membership and participation or
community identification).

\(b\) Whenever the Contractor, or any Subcontractor at any tier,
subcontracts a portion of the work involving any construction trade, it
shall physically include in each subcontract in excess of \$10,000 the
provisions of these specifications and the Notice which contains the
applicable goals for minority and female participation and which is set
forth in the solicitations from which this contract resulted.

\(c\) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in
a Hometown Plan approved by the U.S. Department of Labor in the covered
area either individually or through an association, its affirmative
action obligations on all work in the Plan area (including goals and
timetables) shall be in accordance with that Plan for those trades which
have unions participating in the Plan. Contractors must be able to
demonstrate their participation in and compliance with the provisions of
any such Hometown Plan. Each Contractor or Subcontractor participating
in an approved Plan is individually required to comply with its
obligations under the EEO clause, and to make a good faith effort to
achieve each goal under the Plan in each trade in which it has
employees. The overall good faith performance by other Contractors or
Subcontractors toward a goal in an approved Plan does not excuse any
covered Contractor\'s or Subcontractor\'s failure to take good faith
efforts to achieve the Plan goals and timetables.

\(d\) The Contractor shall implement the specific affirmative action
standards provided in paragraphs (g) (i) through (xvi) of these
specifications. The goals set forth in the solicitation from which this
contract resulted are expressed as percentages of the total hours of
employment and training of minority and female utilization the
Contractor should reasonably be able to achieve in each construction
trade in which it has employees in the covered area. Covered
construction contractors performing construction work in geographical
areas where they do not have a federal or federally assisted
construction contract shall apply the minority and female goals
established for the geographical area where the work is being performed.
Goals are published periodically in the FEDERAL REGISTER in notice form,
and such notices may be obtained from any Office of Federal Contract
Compliance Programs office or from Federal procurement contracting
officers. The Contractor is expected to make substantially uniform
progress in meeting its goals in each craft during the period specified.

\(e\) Neither the provisions of any collective bargaining agreement, nor
the failure by a union with whom the Contractor has a collective
bargaining agreement, to refer either minorities or women shall excuse
the Contractor\'s obligations under these specifications, Executive
Order 11246, or the regulations promulgated pursuant thereto.

\(f\) In order for the nonworking training hours of apprentices and
trainees to be counted in meeting the goals, such apprentices and
trainees must be employed by the Contractor during the training period,
and the Contractor must have made a commitment to employ the apprentices
and trainees at the completion of their training, subject to the
availability of employment opportunities. Trainees must be trained
pursuant to training programs approved by the U.S. Department of Labor.

\(g\) The Contractor shall take specific affirmative actions to ensure
equal employment opportunity. The evaluation of the Contractor\'s
compliance with these specifications shall be based upon its effort to
achieve maximum results from its actions. The Contractor shall document
these efforts fully, and shall implement affirmative action steps at
least as extensive as the following:

\(i\) Ensure and maintain a working environment free of harassment,
intimidation, and coercion at all sites, and in all facilities at which
the Contractor\'s employees are assigned to work. The Contractor, where
possible, will assign two or more women to each construction project.
The Contractor shall specifically ensure that all foremen,
superintendents, and other on-site supervisory personnel are aware of
and carry out the Contractor\'s obligation to maintain such a working
environment, with specific attention to minority or female individuals
working at such sites or in such facilities.

\(ii\) Establish and maintain a current list of minority and female
recruitment sources, provide written notification to minority and female
recruitment sources and to community organizations when the Contractor
or its unions have employment opportunities available, and maintain a
record of the organizations\' responses.

\(iii\) Maintain a current file of the names, addresses and telephone
numbers of each minority and female off-the-street applicant and
minority or female referral from a union, a recruitment source or
community organization and of what action was taken with respect to each
such individual. If such individual was sent to the union hiring hall
for referral and was not referred back to the Contractor by the union
or, if referred, not employed by the Contractor, this shall be
documented in the file with the reason therefore, along with whatever
additional actions the Contractor may have taken.

\(iv\) Provide immediate written notification to the Director when the
union or unions with which the Contractor has a collective bargaining
agreement has not referred to the Contractor a minority person or woman
sent by the Contractor, or when the Contractor has other information
that the union referral process has impeded the Contractor\'s efforts to
meet its obligations.

\(v\) Develop on-the-job training opportunities and/or participate in
training programs for the area which expressly include minorities and
women, including upgrading programs and apprenticeship and trainee
programs relevant to the Contractor\'s employment needs, especially
those programs funded or approved by the Department of Labor. The
Contractor shall provide notice of these programs to the sources
compiled under (g) (ii) above.

\(vi\) Disseminate the Contractor\'s EEO policy by providing notice of
the policy to unions and training programs and requesting their
cooperation in assisting the Contractor in meeting its EEO obligations;
by including it in any policy manual and collective bargaining
agreement; by publicizing it in the company newspaper, annual report,
etc.; by specific review of the policy with all management personnel and
with all minority and female employees at least once a year; and by
posting the company EEO policy on bulletin boards accessible to all
employees at each location where construction work is performed.

\(vii\) Review, at least annually, the company\'s EEO policy and
affirmative action obligations under these specifications with all
employees having any responsibility for hiring, assignment, layoff,
termination or other employment decisions including specific review of
these items with onsite supervisory personnel such as Superintendents,
General Foremen, etc., prior to the initiation of construction work at
any job site. A written record shall be made and maintained identifying
the time and place of these meetings, persons attending, subject matter
discussed, and disposition of the subject matter.

\(viii\) Disseminate the Contractor\'s EEO policy externally by
including it in any advertising in the news media, specifically
including minority and female news media, and providing written
notification to and discussing the Contractor\'s EEO policy with other
Contractors and Subcontractors with whom the Contractor does or
anticipates doing business.

\(ix\) Direct its recruitment efforts, both oral and written, to
minority, female and community organizations, to schools with minority
and female students and to minority and female recruitment and training
organizations serving the Contractor\'s recruitment area and employment
needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment
source, the Contractor shall send written notification to organizations
such as the above, describing the openings, screening procedures, and
tests to be used in the selection process.

\(x\) Encourage present minority and female employees to recruit other
minority persons and women and, where reasonable, provide after school,
summer and vacation employment to minority and female youth both on the
site and in other areas of a Contractor\'s work force.

\(xi\) Validate all tests and other selection requirements where there
is an obligation to do so under 41 CFR Part 60-3.

\(xii\) Conduct, at least annually, an inventory and evaluation at least
of all minority and female personnel for promotional opportunities and
encourage these employees to seek or to prepare for, through appropriate
training, etc., such opportunities.

\(xiii\) Ensure that seniority practices, job classifications, work
assignments and other personnel practices, do not have a discriminatory
effect by continually monitoring all personnel and employment related
activities to ensure that the EEO policy and the Contractor\'s
obligations under these specifications are being carried out.

\(xiv\) Ensure that all facilities and company activities are
nonsegregated except that separate or single-user toilet and necessary
changing facilities shall be provided to assure privacy between the
sexes.

\(xv\) Document and maintain a record of all solicitations of offers for
subcontracts from minority and female construction contractors and
suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.

\(xvi\) Conduct a review, at least annually, of all supervisors\'
adherence to and performance under the Contractor\'s EEO policies and
affirmative action obligations.

\(h\) Contractors are encouraged to participate in voluntary
associations which assist in fulfilling one or more of their affirmative
action obligations (g) (i) through (xvi). The efforts of a contractor
association, joint contractor-union, contractor-community, or other
similar group of which the Contractor is a member and participant, may
be asserted as fulfilling any one or more of its obligations under (g)
(i) through (xvi) of these specifications provided that the Contractor
actively participates in the group, makes every effort to assure that
the group has a positive impact on the employment of minorities and
women in the industry, ensures that the concrete benefits of the program
are reflected in the Contractor\'s minority and female workforce
participation, makes a good faith effort to meet its individual goals
and timetables, and can provide access to documentation which
demonstrates the effectiveness of actions taken on behalf of the
Contractor. The obligation to comply, however, is the Contractor\'s and
failure of such a group to fulfill an obligation shall not be a defense
for the Contractor\'s noncompliance.

\(i\) A single goal for minorities and a separate single goal for women
have been established. The Contractor, however, is required to provide
equal employment opportunity and to take affirmative action for all
minority groups, both male and female, and all women, both minority and
non-minority. Consequently, the Contractor may be in violation of
Executive Order 11246 if a particular group is employed in a
substantially disparate manner (for example, even though the Contractor
has achieved its goals for women generally, the Contractor may be in
violation of Executive Order 11246 if a specific minority group of women
is underutilized).

\(j\) The Contractor shall not use the goals and timetables or
affirmative action standards to discriminate against any person because
of race, color, religion, sex, or national origin.

\(k\) The Contractor shall not enter into any Subcontract with any
person or firm debarred from Government contracts pursuant to Executive
Order 11246.

\(l\) The Contractor shall carry out such sanctions and penalties for
violation of these specifications and of the Equal Opportunity Clause,
including suspension, termination and cancellation of existing
subcontracts as may be imposed or ordered pursuant to Executive Order
11246, as amended, and its implementing regulations, by the Office of
Federal Contract Compliance Programs. Any Contractor who fails to carry
out such sanctions and penalties shall be in violation of these
specifications and Executive Order 11246, as amended.

\(m\) The Contractor, in fulfilling its obligations under these
specifications, shall implement specific affirmative action steps, at
least as extensive as those standards prescribed in paragraph (g) of
these specifications, so as to achieve maximum results from its efforts
to ensure equal employment opportunity. If the Contractor fails to
comply with the requirements of Executive Order 11246, the implementing
regulations, or these specifications, the Director shall proceed in
accordance with 41 CFR 60-4.8.

\(n\) The Contractor shall designate a responsible official to monitor
all employment related activity to ensure that the company EEO policy is
being carried out, to submit reports relating to the provisions hereof
as may be required by the Government and to keep records. Records shall
at least include for each employee the name, address, telephone numbers,
construction trade, union affiliation if any, employee identification
number when assigned, social security number, race, sex, status (e.g.,
mechanic, apprentice, trainee, helper, or laborer), dates of changes in
status, hours worked per week in the indicated trade, rate of pay, and
locations at which the work was performed. Records shall be maintained
in an easily understandable and retrievable form; however, to the degree
that existing records satisfy this requirement, contractors shall not be
required to maintain separate records.

\(o\) Nothing herein provided shall be construed as a limitation upon
the application of other laws which establish different standards of
compliance or upon the application of requirements for the hiring of
local or other area residents (e.g, those under the Public Works
Employment Act of 1977 and the Community Development Block Grant
Program).

**Section 4. In this Article VI -**

\(a\) The term \"Contractor\" shall also mean \"Bidder\" or
\"Subcontractor\" as applicable.

\(b\) The provisions of Sections 2 & 3 are applicable to the extent
required by law. In determining whether these Sections are applicable,
reference should be made to Office of Federal Contract Compliance
Programs regulations (41 CFR Part 60).

**ARTICLE VII**

**Miscellaneous**

**Section 1. Definitions.**

The term \"Completion of the Contract\" shall mean accomplishment of
Completion of the Project for all central offices (and associated remote
switching terminals), features and services listed under Column 1,
\"Project,\" in Article I, Section 1, and all alternates accepted by the
Owner, on the Owner\'s Acceptance.

The term \"Completion of Installation\" shall mean full performance by
the Bidder of the Bidder\'s obligation under the Contract and all
amendments and revisions thereof, for a Project, except that it shall
not include the acceptance tests nor performance of the Bidder\'s
obligations in respect of (i) releases of lien and Certificate of
Contractor under Article III, Section 2, hereof and (ii) other final
documents. The actual date of Completion of Installation shall be the
date the Bidder submits to the Owner written notification that the
Project is completed in conformance with the Specifications and ready
for the Owner\'s acceptance inspection and tests as provided for under
Article II, Section 4.

The term \"Completion of the Project\" shall mean full performance by
the Bidder of the Bidder\'s obligations herein set out and all
amendments and revisions thereof for a central office (and all
associated remote switching terminals), feature or service. The
scheduled date for Completion of the Project is sixty (60) days after
Completion of Installation as specified under Column 7, \"Completion of
Installation,\" in Article I, Section 1, as amended or adjusted under
Article II, Section 1, and Section 4. The scheduled date for Completion
of the Project is the date from which liquidated damages are computed.
The actual date of Completion of the Project shall be the date of the
receipt by the Owner from the Bidder of (a) all documents listed in
Article III, Section 2, (b) other final documents, and (c) written
notification that all deficiencies listed on the REA Form 517, Results
of Acceptance Test, have been corrected; provided, that the final
inspection and tests by the Owner finds the deficiencies satisfactorily
resolved. If the deficiencies have not been satisfactorily resolved, the
actual date of Completion of the Project shall be the date that the
deficiencies are fully and satisfactorily resolved as determined by
subsequent Owner\'s tests. The Certificate of Completion approved and
signed by the Owner and approved in writing by the Administrator shall
be conclusive evidence as to the fact of Completion of the Project and
the date thereof. Full compliance with the procedure for \"Completion of
the Project\" and an individual Certificate of Completion is required
for each Project listed under Column 1, \"Project,\" in Article I,
Section 1.

The \"Contract\" shall consist of the Notice and Instructions to
Bidders, the Bidder\'s Proposal and the Owner\'s Acceptance, the
Contractor\'s Bond and the Specifications.

The term \"days\" shall mean calendar days.

The term \"minor errors or irregularities\" shall mean a defect or
variation in a Bidder\'s bid that is a matter of form and not of
substance. Errors or irregularities are \"minor\" if they can be
corrected or waived without being prejudicial to other Bidders and when
they do not affect the price, quantity, quality, or timeliness of
construction. Unless otherwise noted, the borrower determines whether an
error or irregularity is \"minor.\"

The term \"placed in service\" shall mean used by the Owner to earn
revenue.

The term \"Project\" shall mean a central office and all associated
remote switching terminals (if any), a remote switching terminal if
purchased without a supporting central office, a feature (or group of
features), or a service (or group of services), which is listed under
Column 1, \"Project,\" in Article I, Section 1. The only instance in
which a remote switching terminal can constitute a separate Project is
where such remote switching terminal is purchased with associated
modifications to its supporting host switch but no other modifications
to the host switch are specified. A Project will have a single
completion schedule listed under Column 7, \"Completion of
Installation,\" in Article I, Section 1, and a single liquidated damages
amount shown in Article V, Section 2. The Contract may consist of one or
more Projects.

The term \"Software\" shall mean computer programs contained on a tape,
disc, semiconductor device or other memory device or system memory
consisting of logic instructions and instruction sequences in
machine-readable object code, which manipulate data in the central
processor, control and perform input/output operations, perform error
diagnostic and recovery routines, control call processing, and perform
peripheral control, and administrative and maintenance functions; as
well as associated documentation, excluding source code, used to
describe, maintain and use the programs provided under the Contract.

The term \"Specifications\" shall mean the minimum performance
requirements of the Owner as contained in the documents listed below,
which are either attached or become a part of the Contract by reference,
as amended by specific written exceptions contained in the Bidder\'s
proposal and accepted by the Owner and the Administrator:

REA Form \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, dated
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

REA Form \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, dated
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

REA Form \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, dated
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Section 2. Continuing Equipment Support. Parts, Service, and
Software.** In addition to warranty repairs and replacement, the Bidder
shall offer repair service and repair parts to the Owner in accordance
with the Bidder\'s practices and terms then in effect, for the Bidder\'s
manufactured equipment furnished pursuant to this Agreement. Such repair
service or repair parts shall be available for as long as the Bidder is
manufacturing or stocking such equipment, or for no less than eight (8)
years after the Bidder has ceased manufacturing or offering for sale
such equipment. The Bidder shall also offer software support services to
the Owner in accordance with the Bidder\'s practices, terms, and charges
then in effect, but in any event for no less than five (5) years after
the Bidder has ceased manufacturing or offering for sale such software.

**Section 3. Materials and Supplies.** The Bidder shall use only such
unmanufactured articles, materials and supplies as have been mined or
produced in the United States, Mexico or Canada and only such
manufactured articles, materials and supplies as have been manufactured
in the United States, Mexico or Canada substantially all from articles,
materials or supplies mined, produced or manufactured, as the case may
be, in the United States, Mexico or Canada; provided that foreign
articles, materials or supplies may be used in the event and to the
extent that the Administrator shall expressly authorize in writing such
use pursuant to the provisions of the Rural Electrification Act of 1938,
being Title IV of Public Resolution No. 122, 75th Congress, approved
June 21, 1938. The Bidder agrees to submit to the Owner such certificate
or certificates, signed by the Bidder and all subcontractors, with
respect to compliance with the foregoing provision as the Administrator
from time to time may require.

**Section 4. Bond.** The Bidder shall furnish to the Owner a
Contractor\'s Bond in conformance with the requirements of 7 CFR Part
1788, Subpart C.

**Section 5. Confidentiality.** All information supplied by the Bidder
to the Owner which bears a legend or notice restricting its use,
copying, or dissemination, except insofar as it may be in the public
domain through no acts attributable to the Owner, shall be treated by
the Owner as confidential information, and the Owner shall not reproduce
any such information except for its own internal use and as authorized
by this Contract, and shall use any information only for archival
backup, in-house training, operating, maintenance and administrative
purposes and in conjunction with its use of the equipment, materials and
software furnished hereunder. All information supplied to the Bidder by
the Owner which bears a legend or notice restricting its use, copying,
or dissemination, except insofar as it may be in the public domain
through no acts attributable to the Bidder, shall be treated by the
Bidder as confidential information, and shall not be used by the Bidder
for any purpose adverse to the interests of the Owner, and shall not be
reproduced or distributed by the Bidder except for the Bidder\'s use in
its performance under this Contract. The foregoing confidentiality
obligations do not apply to information which is independently developed
by the receiving party or which is lawfully received by the receiving
party free of restriction from another source having a right to so
furnish such information, or is already known to the receiving party at
the time of disclosure free of restriction. If the Bidder has failed to
provide continuing equipment support as described in Article VII,
Section 2, the Owner is released from this obligation. This provision
does not restrict release of information by the United States of America
pursuant to the Freedom of Information Act or other legal process.

**Section 6. Entire Agreement.** The terms and conditions of this
Contract as approved by REA supersede all prior oral or written
understandings between the parties. There are no understandings or
representations, expressed or implied, not expressly set forth herein.

**Section 7. Survival of Obligations.** The rights and obligations of
the parties, which by their nature, would continue beyond the
termination, cancellation, or expiration of this Contract, shall survive
such termination or expiration.

**Section 8. Non-Waiver.** No waiver of any terms or conditions of this
Contract, or the failure of either party to enforce strictly any such
term or condition on one or more occasions, shall be construed as a
waiver of the same or of any other terms or conditions of this Contract
on any other occasion.

**Section 9. Releases Void.** Neither party shall require releases or
waivers of any personal rights from representatives or employees of the
other in connection with visits to its premises, nor shall such parties
plead such releases or waivers in any action or proceeding.

**Section 10. License.** The Bidder shall comply with all applicable
construction codes.

\(a\) The Bidder warrants that it possesses contractor\'s license number
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ issued to it by the State of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in which the project(s) is
located, and said license expires on
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, 19\_\_.

\(b\) The Bidder warrants that no license is required in the state in
which the Project(s) is located.

(Bidder shall cross out that subsection that does not apply)

**Section 11. Nonassignment of Contract.** The Bidder shall not assign
the Contract, effected by acceptance of this Proposal, or any part
hereof, or enter into any contract with any person,

firm or corporation, for the performance of the Bidder\'s obligations
hereunder, or any part hereof, without the approval in writing of the
Owner, the Surety, and the Administrator. However, the Bidder may
subcontract the whole or any part of the installation work to be
performed at the installation site, (as distinguished from furnishing
and delivery of equipment and materials), provided that; (a) the Bidder
shall remain responsible for the performance thereof and (b) the Bidder
shall obtain the consent of the surety to such subcontract. A copy of
such consent shall be submitted to the Owner and the Administrator.

**Section 12. Choice of Law.** The rights and obligations of the parties
and all interpretations and performance of this Contract shall be
governed in all respects by the laws of the State of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ except for its rules with respect
to the conflict of laws.

**Section 13. Approval of the Administrator.** The acceptance of this
proposal by the Owner shall not create a contract unless such acceptance
shall be approved in writing by the Administrator within ninety (90)
days after the date hereof:

By \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Signature of Bidder)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Date) (Name - Type or Print)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Title)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Company Name of Bidder)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Address of Bidder)

Attest:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Secretary)

The Proposal must be signed with the full name of the Bidder. In the
case of a partnership the Proposal must be signed in the firm

name by each partner. In the case of a corporation the Proposal must be
signed in the corporate name by a duly authorized officer and the
Corporate seal affixed and attested by the Secretary of the Corporation.

(If executed by other than the President, a Vice-President, a partner or
the individual owner, a power of attorney or other legally acceptable
document authorizing execution shall accompany this contract, unless
such power of attorney is on file with REA.)

**ACCEPTANCE**

Subject to the approval of the Administrator, the Owner hereby accepts
the Proposal of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
for the Project(s) herein described for the Total Base Bid of \$
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
and

Alternate For:

Spare Parts, Item(s)\...\...\...\...\... \$
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Maintenance Tools, Item(s)\...\...\... \$
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Alternate No. 1 (add) (deduct)\...\...\.... \$
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Alternate No. 2 (add) (deduct)\...\...\.... \$
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Alternate No. 3 (add) (deduct)\...\...\.... \$
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Alternate No. 4 (add) (deduct)\...\...\.... \$
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Alternate No. 5 (add) (deduct)\...\...\.... \$
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Alternate No. 6 (add) (deduct)\...\...\.... \$
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

The total contract price is\...\... \$
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

By\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

OWNER

ATTEST: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

PRESIDENT

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

SECRETARY

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

DATE OF ACCEPTANCE