<table style="width:100%;">
<colgroup>
<col style="width: 22%" />
<col style="width: 5%" />
<col style="width: 7%" />
<col style="width: 10%" />
<col style="width: 6%" />
<col style="width: 2%" />
<col style="width: 13%" />
<col style="width: 12%" />
<col style="width: 4%" />
<col style="width: 15%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="2"><p><strong>SOLICITATION, OFFER</strong></p>
<p><strong>AND AWARD</strong></p>
<p>(Construction, Alteration, or Repair)</p></td>
<td colspan="2"><p>1. SOLICITATION NO.</p>
<p><strong>0406CT62522</strong></p></td>
<td colspan="3"><p>2. TYPE OF SOLICITATION</p>
<p>()SEALED BID (IFB)</p>
<p>(X) NEGOTIATED (RFP)</p></td>
<td colspan="2"><p>3. DATE ISSUED</p>
<p><strong>17 May 2006</strong></p></td>
<td><p>PAGE OF PAGES</p>
<p>1 of 46</p></td>
</tr>
<tr class="even">
<td colspan="10"><strong>IMPORTANT -The “offer” section on the reverse
must be fully completed by the offeror.</strong></td>
</tr>
<tr class="odd">
<td colspan="3">4. CONTRACT NO.</td>
<td colspan="4">5. REQUISITION/PURCHASE REQUEST NO.</td>
<td colspan="3"><p>6. PROJECT NO.</p>
<p><strong>43088</strong></p></td>
</tr>
<tr class="even">
<td colspan="5"><p>7. ISSUED BY CODE ____________</p>
<p>NBC/GovWorks Federal Acquisition Center</p>
<p>381 Elden Street, MS 2500</p>
<p>Herndon, VA 20170-4817</p></td>
<td colspan="5"><p>8. ADDRESS OFFER TO</p>
<p><strong>See Item 7</strong></p></td>
</tr>
<tr class="odd">
<td><p>9. FOR INFORMATION</p>
<p>CALL:</p></td>
<td colspan="5"><p>A. NAME</p>
<p>Mark Deberry</p></td>
<td colspan="4"><p>B. TELEPHONE NO. (Include area code) (NO COLLECT
CALLS</p>
<p>703-787-1483</p></td>
</tr>
<tr class="even">
<td colspan="10"><strong>SOLICITATION</strong></td>
</tr>
<tr class="odd">
<td colspan="10"><strong>NOTE: In sealed bid solicitations “offer” and
offeror” mean “bid” and “bidder”</strong></td>
</tr>
<tr class="even">
<td colspan="10"><p>10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK
DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)</p>
<p><strong>INSTALL ANTENNA TOWER</strong></p>
<p><strong>SITE VISIT: 30 MAY 2006 AT 9:30 a.m.. ALL INTERESTED PARTIES
NEED TO CALL ELZA REDMAN AT (410) 781-0487 OR (410) 207-7233 IF THEY
PLAN TO ATTEND THE SITE VISIT BY CLOSE OF BUSINESS ON MAY 26,
2006.</strong></p>
<p><strong>PLEASE ENTER YOUR CAGE CODE, TAX IDENTIFICATION NUMBER (TIN),
AND DUNS NUMBER IN BLOCK 14, PAGE 2 OF SF 1442.</strong></p>
<p><strong>NOTICE TO CONTRACTOR: CLAUSE 52.211-12, LIQUIDATED
DAMAGES-CONSTRUCTION FULLY APPLIES. (SEE SECTION I)</strong></p>
<p><strong>LACK OF REGISTRATION IN THE CENTRAL CONTRACTOR REGISTRATION
(CCR) DATABASE WILL MAKE A OFFEROR INELIGIBLE FOR
AWARD</strong>.</p></td>
</tr>
<tr class="odd">
<td colspan="10">11. The Contractor shall begin performance within
___<strong><u>10</u></strong>__ &amp; complete it within
<u>__<strong>135_</strong>_</u> calendar days after receiving ______
award ___<u>X</u>_ notice to proceed. This performance period is
__<u>X</u>___ mandatory, ______ negotiable. * (See FAR Clause 52.211-10
in Section F)</td>
</tr>
<tr class="even">
<td colspan="8"><p>12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED
PERFORMANCE AND PAYMENT BONDS?</p>
<p>(If yes, indicate within how many days after award in item 12B.)</p>
<p>(X) YES ( ) NO</p></td>
<td colspan="2"><p>12B. CALENDAR DAYS</p>
<p>10</p></td>
</tr>
<tr class="odd">
<td colspan="10"><p>13. ADDITIONAL SOLICITATION REQUIREMENTS:</p>
<p>A. Sealed offers in original and __<u>1</u>__ copies to perform the
work required are due at the place specified in item 8 by
_<strong><u>2:00 p.m. on 19 JUNE 2006</u></strong>. Sealed envelopes
containing offers shall be marked to show the offer’s name and address,
the solicitation number and the date and time offers are due.</p>
<p>B. An offer guarantee ______, is _<u>X</u>____ is not required.</p>
<p>C. All offers are subject to the (1) work requirements, and (2) other
provisions and clauses incorporated in the solicitation full text of by
reference.</p>
<p>D. Offers providing less than <strong>90</strong> calendar days for
Government acceptance after the date offers are due will not be
considered and will be rejected.</p></td>
</tr>
</tbody>
</table>

**STANDARD FORM 1442** (REV.4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

<table>
<colgroup>
<col style="width: 19%" />
<col style="width: 2%" />
<col style="width: 6%" />
<col style="width: 7%" />
<col style="width: 1%" />
<col style="width: 9%" />
<col style="width: 0%" />
<col style="width: 2%" />
<col style="width: 7%" />
<col style="width: 9%" />
<col style="width: 9%" />
<col style="width: 7%" />
<col style="width: 0%" />
<col style="width: 8%" />
<col style="width: 6%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="15">OFFER (Must be fully completed by offeror)</td>
</tr>
<tr class="even">
<td colspan="8"><p>14. NAME AND ADDRESS OF OFFEROR (Include ZIP
Code)</p>
<p>DUNS # _____________________________</p>
<p>CODE FACILITY CODE</p></td>
<td colspan="7"><p>15. TELEPHONE NO. )Include area code)</p>
<p>16. REMITTANCE ADDRESS (Include only if different than item 14)</p>
<p><strong>See Item 14</strong></p></td>
</tr>
<tr class="odd">
<td colspan="15"><p>17. The offer agrees to perform the work required at
the prices specified below in strict accordance with the terms of this
solicitation, if this offer is accepted by the Government in writing
within _<u>__</u>_ calendar days after the date offers are due. (Insert
any number equal to or greater than the minimum requirements stated in
Item 13D. Failure to insert any number means offeror accepts the minimum
in Item 13D.)</p>
<p>AMOUNTS &gt; &gt; SEE SECTION B</p></td>
</tr>
<tr class="even">
<td colspan="15">18. The offeror agrees to furnish any required
performance and payment bonds.</td>
</tr>
<tr class="odd">
<td colspan="15"><p>19. ACKNOWLEDGMENT OF AMENDMENTS</p>
<p>( The offeror acknowledges receipt of amendments to the solicitation
- give number and date of each)</p></td>
</tr>
<tr class="even">
<td>AMENDMENT NO.</td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>DATE</td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="6">20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN YOUR
OFFER(Type or print)</td>
<td colspan="7">20B. SIGNATURE</td>
<td colspan="2">20C. OFFER DATE</td>
</tr>
<tr class="odd">
<td colspan="15"><strong>AWARD (<em>To be completed by
government</em>)</strong></td>
</tr>
<tr class="even">
<td colspan="15"><p>21. ITEM ACCEPTED:</p>
<p><strong>SEE SCHEDULE</strong></p></td>
</tr>
<tr class="odd">
<td colspan="2">22. AMOUNT</td>
<td colspan="13">23. ACCOUNTING AND APPROPRIATION DATA</td>
</tr>
<tr class="even">
<td colspan="8"><p>24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
<u>26</u></p>
<p>(1 ORIGINAL UNLESS OTHERWISE SPECIFIED)</p></td>
<td colspan="7"><p>25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT
TO</p>
<p>( ) 10 USC 2304(c) (5) ( ) 41 USC 253 (c)</p></td>
</tr>
<tr class="odd">
<td colspan="8"><p>26. ADMINISTERED BY CODE: __________________</p>
<p>NATIONAL BUSINESS CENTER/GOVWORKS</p>
<p>PROCUREMENT OPERATIONS BRANCH</p>
<p>MAIL STOP 2500</p>
<p>381 ELDEN STREET</p>
<p>HERNDON, VIRGINIA 20170-4817</p></td>
<td colspan="7"><p>27. PAYMENT WILL BE MADE BY CODE:________________</p>
<p>GovPay Electronic Invoicing at http:www.govpay.gov</p>
<p>Email: <a
href="mailto:HelpDesk@govpay.gov">HelpDesk@govpay.gov</a></p>
<p>Phone: 703-787-1200</p></td>
</tr>
<tr class="even">
<td colspan="15">CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS
APPLICABLE</td>
</tr>
<tr class="odd">
<td colspan="8">( ) 28. NEGOTIATED AGREEMENT (Contractor is required to
sign this document and return to issuing office). Contractor agrees to
furnish &amp; deliver all work, requisitions identified on this form
&amp; any continuation sheets for the consideration slated in this
contract. The rights &amp; obligations of the parties to this contract
shall be governed by (a) this contract award, (b) the solicitations,
&amp; (c) the clauses, representations, certifications, &amp;
specifications or incorporated by references in or attached to this
contract.</td>
<td colspan="7">( ) 29. AWARD (Contractor is not required to sign this
document). Your offer on this solicitation is hereby accepted as to the
items listed. This award consummates the contract, which consists of (a)
the Governments solicitation and your offer and (b) this contract award.
No further contractual document is necessary.</td>
</tr>
<tr class="even">
<td colspan="8">30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED
TO SIGN (Type or print)</td>
<td colspan="7"><p>31A. NAME OF CONTRACTING OFFICER (Type or Print)</p>
<p>JOHN M. HITE</p></td>
</tr>
<tr class="odd">
<td colspan="4">30B. SIGNATURE</td>
<td colspan="4">30C. DATE</td>
<td colspan="4">31B. UNITED STATES OF AMERICA</td>
<td colspan="3">31c. AWARD DATE</td>
</tr>
</tbody>
</table>

**STANDARD FORM 1442** **BACK** (REV.4-85)

SECTION B Supplies or Services and Prices

ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE AMOUNT

0001A 1.00 JOB \$\_\_\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_

> ALL WORK COMPLETE IN ACCORDANCE
>
> WITHTHE SPECIFICATIONS IN ATTACHED SOW
>
> DATED: MARCH 17, 2006.

[]{.mark}

**TOTAL AMOUNT FOR ITEMS 0001A
\$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**B.1 CONTRACT PRICE**

The contractor shall complete all work, including furnishing all
professional services, labor, material, equipment and services, unless
otherwise specified herein, required under this contract for the
following firm fixed price and within the time specified herein. This
price shall include all labor, materials, overhead, insurance and
profit.

**B.2 TYPE OF CONTRACT**

B2.1 This contract is a Firm Fixed-Price contract. No additional sums
will be payable on account of any escalation in the cost of materials,
equipment or labor, or because of the contractor\'s failure to properly
estimate or accurately predict the cost or difficulty of achieving the
results required by this contract. Changes in the contract price or time
to complete will be made only due to changes made by the Government in
the work to be performed, or by delays caused by the Government.

**B.3 COST OF MATERIALS/EQUIPMENT**

The cost of any materials or equipment required in conjunction with the
services rendered herein shall be included in the proposed firm
fixed-price unless otherwise noted in this contract.

**B.4 GOVERNMENT FURNISHED PROPERTY**

1\. Shelter

2\. Antenna

3\. Radome

4\. HVAC

SECTION C Description/Specifications/Work Statement

**C.1 CHARACTER AND SCOPE OF WORK**

The character and scope of the work are set forth in the contract and
its attachments. The Contractor shall furnish and install all materials
required by this contract, subject to exceptions stated in the
Specifications/Statement of Work for materials and equipment to be
provided by or work to be performed by the Government, or otherwise
specifically indicated in the contract drawings or
Specifications/Statement of Work as not included in the contract. The
contract drawings and specifications are set forth in Section J as
attachments to this contract.

**C.2 STATEMENT OF WORK AND DRAWINGS**

Please refer to Attachment J.

SECTION D Packaging and Marking

**D.1 Materials Shipping Address**

Materials delivered to the site shall be marked as follows:

**Mark For: Mrs. Windie Borodin**

**Director of the midway Research Center**

**7301 Ridge Road**

**Marriottsville, MD 21104**

**Phone: 703-551-1992**

**D.2 DEPARTMENT OF INTERIOR/GOVWORK MAIL AND COURIER ADDRESS**

Packages sent to the Contracting Officer shall be addressed as follows:

**U.S. Department of Interior/National Business Center**

**GovWorks,**

**Attn: Mark A. Deberry**

**Mail Stop 2500**

**381 Elden Street**

**Herndon, VA 20170-4817**

SECTION E Inspection and Acceptance

**E.1 52.246-4 INSPECTION OF SERVICES\--FIXED-PRICE (AUG 1996)**

(Reference 46.304)

**E.2 52.246-6 INSPECTION\--TIME-AND-MATERIAL AND LABOR-HOUR (MAR
2001)**

(Reference 46.306)

**E.3 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)**

(Reference 46.312)

**E.4 SUBSTANTIAL COMPLETION**

E.41 Definitions

E.4.1.1 \"Substantial Completion\" means the stage in the progress of
the work as determined and certified by the Contracting Officer or
Contracting Officer\'s Representative in writing to the Contractor, on
which the work or a portion thereof designated by the Government is
sufficiently complete and satisfactory, in accordance with the
requirements of the Contract Documents, that it may be occupied or
utilized for the purpose for which it is intended, and only minor items
such as touch-up, adjustments, and minor replacements or installations
remain to be completed or corrected which (1) do not interfere with the
intended occupancy or utilization of the work, and (2) can be completed
or corrected within the time period required for final completion.

E.4.1.2 The \"date of substantial completion\" means the dated
determined by the Contracting Officer or Contracting Officer\'s
Representative on which substantial completion of the work has been
achieved.

E.4.2 Use and Possession upon Substantial Completion The Government
shall have the right to take possession of and use the work upon
substantial completion thereof. Upon notice by the Contractor that the
work is substantially complete and verification thereof on the basis of
an inspection by the Contracting Officer (CO) or Contracting Officer\'s
Technical Representative (COTR) and any required tests, the CO or COTR
shall furnish the Contractor a Certificate of Substantial Completion,
accompanied by the Schedule of Defects enumerating items of work
remaining to be performed, completed or corrected before final
completion and acceptance. However, failure of the CO or COTR 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 upon substantial completion shall not be deemed as acceptance of
any work under the contract.

**E.5 FINAL COMPLETION AND ACCEPTANCE**

E.5.1 Definitions

E.5.1.1 \"Final completion and acceptance\" means the stage in the
progress of the work as determined by the CO or COR and confirmed in
writing to the Contractor, on which all work required under the contract
has been completed in a satisfactory manner in accordance with the
requirements thereof, subject to the discovery of defects after final
completion, and except for items specifically excluded in the notice of
final acceptance.

E.5.1.2 The \"date of final completion and acceptance\" means the date
determined by the Contracting Officer as of which final completion of
the work has been achieved, as indicated by written notice to the
Contractor.

E.5.1.3 Final Inspection and Tests The Contractor shall give the CO or
COTR at least five (5) calendar days advance written notice of the date
the work will be fully completed and ready for final inspection and
tests. Final inspection and tests will be started not later than the
date specified in the aforesaid notice unless the CO or COTR determines
that the work is not ready for final inspection and so informs the
Contractor.

E.5.3 Final Acceptance Upon (a) satisfactory completion of all required
tests, (b) verification by the CO or COTR on the basis of a final
inspection that all items listed in the Schedule of Defects have been
completed or corrected and that the work is finally complete, subject to
the discovery of defects after final completion, and (c) submittal by
the Contractor of all documents and other items required upon completion
of the work, including a final request for payment, and the CO or COR is
satisfied that the work under the contract is complete and the contract
has been fully performed, with the exception of continuing obligations
thereunder, the CO or COR shall issue to the Contractor a notice of
final acceptance and make final payment as required by the contract.

**E.6 SITE DATA PROVIDED BY THE GOVERNMENT**

E.6.1 Offerors may rely on the accuracy of site surveys, subsurface or
physical site data and similar information provided by the Government
concerning the location of existing utilities or structures, to the
extent of the information shown or indicated therein. However, the
Government does not warrant that such information is complete, or that
such surveys or data reveal all of the conditions that may be
encountered on the site. Offerors shall not rely upon any interpretation
or opinion provided by the Government concerning such data or
information unless such data is specifically incorporated into the
Solicitation Documents or the proposed Contract Documents. Issuance of
such information indicated as being \"for information only\" or
identified with words of similar effect shall not be construed as
incorporation into the Solicitation Documents or the proposed Contract
Documents. It is the responsibility of the Offeror to determine whether
any additional site investigation is required, and to make such
investigations.

E.6.2 Information Obtained by Offeror: Before submitting a proposal,
each Offeror shall, at its own expense, make or obtain any additional
examinations, investigations, explorations, tests and studies, and
obtain any additional information which the Offeror requires.

E.6.4 Notice of Errors or Discrepancies: Offerors shall promptly notify
the issuing office of any apparent ambiguity, inconsistency or error in
or among the Solicitation Documents, the proposed Contract Documents,
site data provided by the Government, and the requirements of applicable
laws, regulations or customs, which they discover as a result of their
examination of such documents or upon examination of the project site.
If necessary, the Government will issue Amendments to supplement the
documents or correct any ambiguity, inconsistency or error found.

E.6.5 Explanation to Prospective Offerors: Any prospective Offeror
desiring an explanation or interpretation of the Solicitation Documents
or the proposed Contract Documents must request it in writing soon
enough to allow a reply to reach all prospective Offerors before the
submission of their Proposals. Oral explanations or instructions given
before the award of the contract will not be binding. Any information
given to a prospective Offeror concerning a solicitation will be
furnished promptly to all other prospective Offerors as an

Amendment of the solicitation, if that information is necessary in
submitting Proposals or if the lack of it would be prejudicial to any
other prospective Offerors.

**E.7 QUALITY ASSURANCE**

E.7.1 The Contractor shall institute an appropriate inspection system
including checklists of duties to be carried out, ensuring these duties
are carried out by the supervisory staff and senior employees, and
carrying out weekly inspections to determine whether the various
services are being performed according to the contract requirements.
Copies of the weekly inspection reports shall be provided to the COTR.

E.7.2. Any shortcomings and/or substandard conditions noted in such
inspections shall be promptly corrected and improved; any conditions
beyond the responsibility of the Contractor shall be brought to the
attention of the Contracting Officer or COTR, for disposition.

E.7.3. Monthly Report: The Contractor shall render a monthly progress
report, summing up observations resulting from the inspections,
progress, difficulties or irregularities encountered, resolution of
problems, measures taken to improved conditions, recommendations, and
other matters related to this contract. This monthly report shall be
submitted to the COTR, together with the Contractor\'s monthly invoice.

E.7.4. Inspection by Government: The services being performed hereunder
and the supplies furnished therefor will be inspected from time to time
by the COTR, or his/her authorized representatives, to determine that
all work is being performed in a satisfactory manner, and that all
supplies are of acceptable quality and standards.

E.7.5. The Contractor shall be responsible for any countermeasures or
corrective action, within the scope of this contract, which may be
required by the Contracting Officer as a result of such inspection.

SECTION F Deliveries or Performance

CLAUSES INCORPORATED BY REFERENCE

FAR SOURCE TITLE, DATE & REFERENCE

**F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR
1984)**

(Reference 11.404)

The blanks are completed as follows

\(a\) 10

\(c\) the end of the performance period as negotiated, agreed and
identified on in block 11 of the Standard From 1442. The actual date
form completion shall be identified in the Notice-To-Proceed.

**F.2 52.211-10 I COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR
1984)\-- ALTERNATE I (APR 1984)**

(Reference 11.404)

The blanks are completed as follows

(a)10

\(c\) the end of the performance period as negotiated, agreed and
identified on in block 11 of the Standard From 1442. The actual date
form completion shall be identified in the Notice-To-Proceed.

**F.3 52.211-12 LIQUIDATED DAMAGES\--CONSTRUCTION (SEPT 2000)**

(Reference 11.503)

The blanks are completed as follows

**F.4 52.211-12 I LIQUIDATED DAMAGES\--CONSTRUCTION (APR
1984)\--ALTERNATE I (APR 1984)**

(Reference)

**F.5 52.211-13 TIME EXTENSIONS (SEPT 2000)**

(Reference 11.503)

**F.6 52.242-14 SUSPENSION OF WORK (APR 1984)**

(Reference 42.1305)

**F.7 52.242-15 STOP-WORK ORDER (AUG 1989)**

(Reference 42.1305)

**F.8 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)**

(Reference 42.1305)

**F.9 PERIOD OF CONTRACT**

The term of performance under the contract is **135 calendar days after
receipt of notice to proceed**.

**F.10 CONTRACTOR\'S SUBMISSION OF CONSTRUCTION SCHEDULES**

F.10.1 The time for submission of the schedules referenced in Section I,
52.236-15, \"Schedules for Construction Contracts\", paragraph (a), is
hereby modified to reflect the due date for submission as 10 calendar
days after receipt of the Notice To Proceed.

F.10.2 These schedules shall include the time by which shop drawings,
product data, samples and other submittals required by the contract will
be submitted for approval.

F.10.3 The Contractor shall revise such schedules (1) to account for the
actual progress of the work, (2) to reflect approved adjustments in the
performance schedule, and (3) as required by the Contracting Officer to
achieve coordination with work by the Government and any separate
contractors employed by the Government. The Contractor shall submit a
schedule, which sequences work so as to minimize disruption at the
jobsite.

F.10.4 All deliverables shall be in the English language, unless
otherwise provided hereunder, and any system of dimensions (i.e.,
English or metric) shown shall be consistent with that used in the
contract. No extension of time shall be allowed on account of a delay by
the Government in approving such deliverables if the Contractor has
failed to act promptly and responsively in submitting its deliverables.
Each deliverable shall be identified as required by the contract.

**F.11 ACCEPTANCE OF SCHEDULE**

When the Government has accepted any time schedule, it shall be binding
upon the Contractor. The completion date is fixed and may be extended
only by a written contract modification signed by the Contracting
Officer. Acceptance or approval of any schedule or revision thereof by
the Government shall not (1) extend the completion date or obligate the
Government to do so, (2) constitute acceptance or approval of any delay,
nor (3) excuse the Contractor from or relieve the Contractor of its
obligation to maintain the progress of the work and achieve final
completion by the established completion date.

**F.12 NOTICE OF DELAY**

In the event the Contractor receives a notice of any change in the work,
or if any other conditions arise which are likely to cause or are
actually causing delays which the Contractor believes may result in
completion of the project after the completion date, the Contractor
shall notify the Contracting Officer of the effect, if any, of such
change or other conditions upon the approved schedule, and shall state
in what respects, if any, the relevant schedule or the completion date
should be revised. Such notice shall be given promptly, and not more
than ten (10) days following the first occurrence of event giving rise
to the delay or prospective delay. Revisions to the approved time
schedule shall only be made with the approval of the Contracting
Officer.

**F.13 WORKING HOURS**

F.13.1 All work shall be performed Monday through Friday from 7:30 am to
4:00 pm except U. S. and other times designated by the COTR.

**F.14 EXCUSABLE DELAYS**

The Contractor will be allowed time, not money, for excusable delays as
defined in FAR 52.249-10, Default. Examples of such cases include (l)
acts of God or of the public enemy, (2) acts of the United States
Government in either its sovereign or contractual capacity, (3) acts of
another contractor in the performance of a contract with the Government,
(5)fires, (6) floods, (7) epidemics, (8) quarantine restrictions, (9)
strikes, (l0) freight embargoes, (11) delays in delivery of Government
furnished equipment and (12) unusually severe weather. In each instance,
the failure to perform must be beyond the control and without the fault
or negligence of the Contractor, and the failure to perform furthermore
(1) must be one that the Contractor could not have reasonably
anticipated and taken adequate measures to protect against, (2) cannot
be overcome by reasonable efforts to reschedule the work, and (3)
directly and materially affects the date of final completion of the
project.

**F.15 DELIVERABLES**

The following items shall be delivered under this contract:

Description Qty Delivery Date Deliver to:

Request for Final Acceptance Inspection 5 days before COTR

PreConstruction Conference 10 days after award COTR

Quality Control Plan 1 30 days after award COTR

Inspection Reports 1 7 days after end of weekly period COTR

Construction Schedule 1 10 days after award COTR

Payment Request 1 last calendar day of each month COTR

Bonds -- Payment and Performance 1 10 days after award CO

Insurance 1 10 days after award CO

As Built Drawings 1 after final completion COTR

but before final acceptance

Safety Plan 1 10 days after award COTR

Security Information on Personnel 1 10 days after award COTR

Submittal Register 1 10 days after award COTR

Special Warranty 1 after final completion COTR

but before final acceptance

Progress Report -52.236-15 1 last calendar day of each month COTR

**F.16 NOTICE TO PROCEED**

F.16.1 Following receipt from the Contractor of any bonds or evidence of
insurance within the time specified in Section H of this contract, and
following acceptance of these documents by the Contracting Officer, the
Contracting Officer will provide to the Contractor a Notice to Proceed.
The Contractor must then prosecute the work required hereunder,
commencing and completing performance not later than the time period
established in the contract.

F.16.2 It is possible that the Contracting Officer may elect to issue
the Notice to Proceed prior to receipt and acceptance of any bonds or
evidence of insurance required hereunder. Issuance of a Notice to
Proceed by the Government before receipt of the required bonds or
insurance certificates or policies shall not be a waiver of the
requirement to furnish these documents.

**F.17 FEDERAL LEGAL HOLIDAYS**

F17.1 The following Federal legal Holidays are observed by this base:

New Year's Day 1 January

Martin Luther King's Birthday Third Monday in January

President's Day Third Monday in February

Memorial Day Third Monday in May

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veteran's Day 11 November

Thanksgiving Day Fourth Thursday in November

Christmas Day 25 December

SECTION G Contract Administration Data

**G.1 AUTHORITY OF CONTRACTING OFFICER**

All work shall be performed under the general direction of the
Contracting Officer, who alone shall have the power to bind the
Government and to exercise the rights, responsibilities, authorities and
functions vested by the contract, except that the Contracting Officer
and the Procurement Executive shall have the right to designate
authorized representatives to act for the Contracting Officer, as
specifically provided in the designation of that individual.

**G.2 PAYMENT**

G.3.1 General: The Contractor\'s attention is directed to Section I,
52.232-5, \"Payments Under Fixed-Price Construction Contracts\". The
following subsections elaborate upon the information contained therein.

G.3.2 Detail of Payment Requests: Each application for payment, which
shall be made no more frequently than monthly, unless otherwise provided
herein, shall cover the value of labor and materials completed and in
place, including a prorated portion of overhead and profit. Invoices
shall be addressed to: **[SEE G-3]{.underline}**

G.3.3 Payments to Subcontractors: The Contractor shall make timely
payment from the proceeds of the progress or final payment for which
request is being made, to his subcontractors and suppliers in accordance
with the Contractor\'s contractual arrangements with them.

G.3.4 Evaluation by the Contracting Officer: Following receipt of the
Contractor\'s request for payment, and on the basis of an inspection of
the work, the CO or COTR shall make a determination as to the amount
which, in his/her opinion, is then due. In the event the Contracting
Officer does not approve payment of the full amount applied for, less
the retainage addressed in 52.232-5, the Contracting Officer shall
advise the Contractor of the reasons therefore.

G.3.5 Additional Withholding: Independently of monies retained by the
Government under 52.232-5, or otherwise as permitted to be retained
under this contract, the Government may withhold from payments due the
Contractor any amounts as may be considered necessary to cover \--

G.3.5.1 Wages or other amounts due the Contractor\'s employees on this
project; wages or other amounts due employees of subcontractors on this
project; amounts due suppliers of materials or equipment for this
project; and any other amounts for which the Contractor may be held
liable under this contract, including but not limited to the actual or
prospective costs of correction of defective work and prospective
liquidated damage when the Contractor has failed to make adequate
progress.

**G-3 INVOICING**

All invoices shall be submitted via GOVPAY at www.govpay.gov.

Invoices shall list the item delivered by reference to the appropriate

submittal, item number, price, and actual delivery date. To constitute a

proper invoice, the invoice must include the following information
and/or

attached documentation:

\(1\) Name, address and telephone number of the Contractor

\(2\) Date of invoice

\(3\) Contract number; also modification number, if applicable

\(4\) Description of the services rendered

\(5\) Accounting and Appropriation Data from Block 23 on SF-1442, or Box
12

on SF-30 (Modification).

\(6\) Need unique Invoicing Number.

**G-4 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2003)**

(Reference 32.908(b)

Payment  In accordance with Federal Acquisition Regulation 32.908(b)(1)
the 14 day period identified in FAR 52.232-27(a)(1)(i)(A) is hereby
changed to 30 days.

SECTION H Special Contract Requirements

**H.1 BOND REQUIREMENTS**

H.1.1 Bonds Required The Contractor shall furnish (1) a performance and
guaranty bond and a payment bond on forms provided by and from sureties
acceptable to the Government, in the amount of 100% of the contract
price for the performance bond and 100% of the contract price for the
payment bond. The amount for all required bonds shall be based on the
established contract price.

H.1.2 Time for Submission The Contractor shall provide the bonds
required by paragraph H.1.1 above within thirty (30) calendar days of
contract award. Failure to timely submit (1) the required bonds other
security acceptable to the Government; (2) bonds from an acceptable
surety; or (3) bonds in the required amount, may result in rescinding or
termination of the contract by the Government. Should the contract be
terminated, the contractor will be liable for those costs as described
in FAR 52.249-10, \"Default (Fixed-Price Construction), which is
included in Section I of this contract.

H.1.3 Coverage The bonds or alternate performance security shall
guarantee the Contractor\'s execution and completion of the work within
the contract time and the correction of any defects after completion as
required by this contract, the payment of all wages and other amounts
payable by the Contractor under its subcontracts or for labor and
materials, and the satisfaction or removal of any liens or encumbrances
placed on the work.

H.1.4 Duration of Coverage The required performance and payment
securities shall remain in effect in the full amount required until
final acceptance of the project by the Government, at which time the
penal sum of the performance security only shall be reduced to 10% of
the contract price. The performance security shall remain in effect for
one year after the date of final completion and acceptance, and the
Contractor shall pay any premium required for the entire period of
coverage. The requirement for payment security terminates at final
acceptance.

**H.2 INSURANCE**

H.2.1 Amount of Insurance

H.2.1.1 The Contractor\'s attention is directed to Section I, 52.228-5,
\"Insurance - Work on a Government Installation\". As required by this
clause, the Contractor is required to provide whatever insurance is
legally necessary. The Contractor, shall, at its own expense, provide
and maintain during the entire performance period the following
insurance amounts:

H.2.1.2 General Liability (includes premises/operations, collapse
hazard, products, completed operations, contractual, independent
contractors, broad form property damage, personal injury)

1\. Bodily Injury on or off the site stated in US Dollars:

Per Occurrence \$200,000

Cumulative \$500,000

2\. Property Damage on or off the site in US Dollars:

Per Occurrence \$20,000

Cumulative \$50,000

H.2.1.3 The Contractor agrees that the Government shall not be
responsible for personal injuries or for damages to any property of the
Contractor, its officers, agents, servants, and employees, or any other
person, arising from and incident to the Contractor\'s performance of
this contract. The Contractor shall hold harmless and indemnify the
Government from any and all claims arising therefrom, except in the
instance of gross negligence on the part of the Government.

H.2.1.4 The Contractor shall obtain adequate insurance for damage to, or
theft of, materials and equipment in insurance coverage for loose
transit to the site or in storage on or off the site.

H.2.1.5 Insurance-Related Disputes Failure to agree to any adjustment
contemplated under this contract regarding insurance shall be a dispute
within the meaning of the clause in Section I, 52.233-1, Alternate I,
\"Disputes\". However, nothing in this clause shall excuse the
Contractor from proceeding with the work, including the repair and/or
replacement as herein above provided.

H.2.1.6 Time for Submission of Evidence of Insurance The Contractor
shall provide evidence of the insurance required under this contract
within ten (10) calendar days after contract award. Failure to timely
submit this evidence, in a form acceptable to the Contracting Officer,
may result in rescinding or termination of the contract by the
Government.

**H.3 DEFINITIONS**

H.3.1 In addition to the definitions provided in Section I, FAR
52.202-1, the following definitions shall apply when used in connection
with this contract:

H.3.2 Contract Drawings or Drawings, where indicated by the context,
means those drawings specifically listed in the executed construction
contract or as later incorporated into the contract by contract
modification or change order.

H.3.3 Day means a calendar day unless otherwise specifically indicated.

H.3.4 Material means all materials, fixtures and other articles
incorporated in, or which are intended to remain with, the project.

H.3.5 Notice to Proceed means a written notice to the Contractor from
the Contracting Officer authorizing the Contractor to incur obligations
and proceed with the work under the contract as of a date set forth in
the Notice.

H.3.6 Other Submittals includes progress schedules, setting drawings,
testing and inspection reports, and other information required by the
contract to be submitted by the Contractor for information or approval
by the Government.

H.3.7 Project Data includes standard drawings, diagrams, layouts,
schematics, descriptive literature, illustrations, schedules,
performance and test data, and similar materials furnished by the
Contractor to explain in detail specific portions of the work required
by the contract.

H.3.8 Samples are physical examples, which illustrate materials,
equipment or workmanship and establish standards by which the work will
be judged.

H.3.9 Schedule of Defects means the list of items, prepared in
connection with substantial completion of the work or early occupancy or
utilization of a portion thereof, which the Contracting Officer has
designated as remaining to be performed, completed or corrected before
the work will be accepted by the Government.

H.3.10 Separate Contractor means a contractor, other than the Contractor
or any of its subcontractors, to whom the Government has awarded a
contact for construction of a portion of the project.

H.3.11 Work means any and all permanent construction, which is intended
to be incorporated into the finished project and required to be
performed or otherwise provided by the Contractor under this contract,
unless otherwise indicated by the context.

**H.4 OWNERSHIP AND USE OF DOCUMENTS**

H.4.1 Ownership and Use of Drawings, Specifications and Models

H.4.1.1 Ownership. All specifications, drawings, and copies thereof, and
models, are the property of the Government.

H.4.1.2 Use and Return. Unless otherwise provided in the contract, the
documents described in (a) above are not to be used by other than the
Contractor on other work and, with the exception of the signed
contractor set, additional copies thereof provided to or made by the
Contractor are to be returned or suitably accounted for by the
Contractor upon final completion of the work.

H.5.2 Supplemental Documents The Contracting Officer shall furnish from
time to time such detailed drawings and other information as is
considered necessary, in the opinion of the Contracting Officer, to
interpret, clarify, supplement, or correct inconsistencies, errors or
omissions in the Contract documents, or to describe minor changes in the
work not involving an increase in the contract price or extension of the
contract time. The Contractor shall comply with the requirements of the
supplemental documents, and unless prompt objection is made by the
Contractor within 20 days, their issuance shall not provide for any
claim for an increase in the Contract price or an extension of contract
time.

H.5.3 Record Documents The Contractor shall maintain at the project site
a current marked set of Contract drawings and specifications indicating
all interpretations and clarification, contract modifications, change
orders, or any other departure from the contract requirements approved
by the Contracting Officer, and a complete set of record shop drawings,
product data, samples and other submittals as approved by the
Contracting Officer.

H.5.4 \"As-Built\" Documents After final completion of the work, but
before final acceptance thereof, the Contractor shall provide complete
sets of \"as-built\" drawings, based upon the record set of drawings,
marked to show the details of construction as actually accomplished, and
record shop drawings and other submittals, in the number and form as
required by the specifications.

**H.6 GOVERNING LAW**

The laws of the United States thereof shall govern the contract and the
interpretation.

**H.7 LAWS AND REGULATIONS**

H.7.1. The Contractor shall, without additional expense to the
Government, be responsible for complying with all laws, codes,
ordinances, and regulations applicable to the performance of the work
and with the lawful orders of any governmental authority having
jurisdiction. Unless otherwise directed by the Contracting Officer, the
Contractor shall comply with the more stringent of the requirements of
such laws, regulations and orders and of the contract. In the event of a
conflict among the contract and such laws, regulations and orders, the
Contractor shall promptly advise the Contracting Officer of the conflict
and of the Contractor\'s proposed course of action for resolution by the
Contracting Officer.

H.7.2. Labor, Health and Safety Laws and Customs The Contractor shall
comply with all labor laws, regulations, customs and practices
pertaining to labor, safety, and similar matters, to the extent that
such compliance is not inconsistent with the requirements of this
contract.

H.7.3. Subcontractors The Contractor shall give written assurance to the
Contracting Officer that all subcontractors and others performing work
on or for the project have obtained all requisite licenses and permits.

H.7.4. Evidence of Compliance Proper documentation and evidence
satisfactory to the Contracting Officer of compliance with this clause
shall be submitted by the Contractor at such times as directed by the
Contracting Officer.

**H.8 RESPONSIBILITY OF CONTRACTOR**

H.8.1 Damage to Persons or Property The Contractor shall be responsible
for all damages to persons or property that occur as a result of the
Contractor\'s fault or negligence, and shall take proper safety and
health precautions to protect the work, the workers, the public, and the
property of others.

H.8.2 Responsibility for Work Performed The Contractor shall be
responsible for all materials delivered and work performed until final
completion and acceptance of the entire work, except for any completed
unit of work which may have been accepted in writing under the contract.

H.8.3 Responsibility of the Contractor It is the responsibility of the
Prime Contractor to review and approve all submittals initiated by their
respective subcontractors. Any submittal received by the Government for
review and approval that has not been first reviewed and approved by the
Prime Contractor may be summarily rejected without discussion.

**H.9 CONSTRUCTION OPERATIONS**

H.9.1 Operations and Storage Areas

H.9.1.1 Confinement to Authorized Areas. The Contractor shall confine
all operations (including storage of materials) on Government premises
to areas authorized or approved by the Contracting Officer.

H.9.1.2 Vehicular Access. The Contractor shall, and in accordance with
any regulations prescribed by the Contracting Officer, use only
established site entrances and roadways.

H.9.2 Use Of Premises

H.9.2.1 Occupied Premises. If the premises are occupied, the Contractor,
its subcontractors, and their employees shall comply with the
regulations promulgated by the Government governing access to, operation
of, and conduct while in or on the premises and shall perform the work
required under this contract in such a manner as not to unreasonably
interrupt or interfere with the conduct of Government business.

H.9.2.2 Requests from occupants. Any request received by the Contractor
from occupants of existing buildings to change the sequence of work
shall be referred to the Contracting Officer for determination.

H.9.2.3 Access limited. The Contractor, its subcontractors and their
employees shall not have access to or be admitted into any building or
portion of the site outside the areas designated in this contract except
WHEN APPROVED BY THE Contracting Officer.

**H.10 TEMPORARY FACILITIES AND SERVICES**

Temporary buildings (e.g., storage sheds, shops, offices) and utilities
may be erected by the Contractor only with the approval of the
Contracting Officer and shall be built with labor and materials
furnished by the Contractor, the cost of which is included in the
contract price. The temporary buildings and utilities shall remain the
property of the Contractor and shall be removed by the Contractor at its
expense upon completion of the work.

**H.11 SAFETY - Accident Prevention**

H.11.1 General. The Contractor shall provide and maintain work
environments and procedures which will (1) safeguard the public and
Government personnel, property, materials, supplies, and equipment
exposed to Contractor operations and activities; (2) avoid interruptions
of Government operations and delays in project completion dates; and (3)
control costs in the performance of this contract. For these purposes,
the Contractor shall\--

H.11.1.1 Provide appropriate safety barricades, signs and signal lights;

H.11.1.2 Comply with the standards issued by any government authority
having jurisdiction over occupational health and safety issues; and

H.11.1.3 Ensure that any additional measures the Contracting Officer
determines to be reasonably necessary for this purpose are taken.

H.11.1.4 Safety Manager. (a) The contractor shall designate a safety
manager for this contract. The safety manager shall be responsible for
coordination of safety procedures, and monitoring of those aspects of
the work that pose the greatest safety risks. (b) If, during the
performance of this contract, the contractor encounters hazardous
materials (including asbestos-containing materials, etc), the contractor
shall immediately report the situation to the COR.)\"\]

H.11.1.5 Records. The Contractor shall maintain an accurate record of
exposure data on all accidents incident to work performed under this
contract resulting in death, traumatic injury, occupational disease, or
damage to or theft or loss of property, materials, supplies, or
equipment. The Contractor shall report this data in the manner
prescribed by the Contracting Officer.

H.11.1.6 Subcontracts. The Contractor shall be responsible for its
subcontractors\' compliance with this clause.

H.11.1.7 Written Program. Before commencing the work, the Contractor
shall-

H.11.1.7.1 Submit a written proposal for implementing this clause; and
H.11.1.7.2 Meet with the Contracting Officer to discuss and develop a
mutual understanding relative to administration of the overall safety
program.

H.11.1.8 The Contracting Officer shall notify the Contractor of any
non-compliance with these requirements and the corrective actions
required. This notice, when delivered to the Contractor or the
Contractor\'s representative at site, shall be deemed sufficient notice
of the non-compliance and corrective action required. After receiving
the notice, the Contractor shall immediately take correction action. If
the Contractor fails or refuses to promptly take corrective action, the
Contracting Officer may issue an order suspending all or part of the
work until satisfactory corrective action has been taken. The Contractor
shall not be entitled to any equitable adjustment of the contract price
or extension of the performance schedule on any suspension of work
issued under this clause.

**H.12 SUBCONTRACTORS AND SUPPLIERS**

H.12.1 Claims and Encumbrances The Contractor shall satisfy as due all
lawful claims of any persons or entities employed by the Contractor,
including subcontractors, material, men, and laborers, for all labor
performed and materials furnished under this contract, including the
applicable warranty or correction period, unless the Government shall be
directly liable therefor by contract. The Contractor shall not at any
time permit any lien, attachment, or other encumbrance to be entered
against or to remain on the building(s), or the premises, whether public
or private, or any portion thereof, as a result of nonperformance of any
part of this contract. H.17.2 Approval of Subcontractors

H.12.2.1 Review and approval. The Government reserves the right to
review proposed subcontractors for a period of five (5) calendar days
before providing notice of approval or rejection of any or all
subcontractors.

H.12.2.2 Rejection of subcontractors. The Government reserves the right
to reject any or all subcontractors proposed if their participation in
the project, as determined by the Contracting Officer, may cause damage
to the national security interests of the United States. The Contractor
agrees to promptly replace any subcontractor rejected by the Government
under this clause.

**H.13 CONSTRUCTION PERSONNEL**

H.13.1 Removal of Personnel The Contractor shall maintain discipline at
the site and at all times take all reasonable precautions to prevent any
unlawful, riotous or disorderly conduct by or amongst those employed at
the site and for the preservation of peace and protection of persons and
property in the neighborhood of the project against the same. The
Contracting Officer may require, in writing, that the Contractor remove
from the work any employee that the Contracting Officer deems
incompetent, careless, insubordinate or otherwise objectionable, or
whose continued employment on the project is deemed by the Contracting
Officer to be contrary to the Government\'s interests.

H.13.2 Notice to the Government of Labor Disputes If the Contractor has
knowledge that any actual or potential labor dispute is delaying or
threatens to delay the timely performance of this contract, the
Contractor shall immediately give notice, including all relevant
information, to the Contracting Officer.

H.13.3 Construction Personnel Security

H.13.3.1 After award of the contract, the Contractor has ten calendar
days to submit to the Contracting Officer a list of workers and
supervisors assigned to this project for the Government to conduct all
necessary security requirements. For each individual the list shall
include:

Full Name

Place and Date of Birth

Current Address

Social Security Number

H.13.3.2 Failure to provide any of the above information may be
considered grounds for rejections and/or resubmittal of the application.
Once the Government has completed the security screening and approved
the applicants a badge will be provided to the individual for access to
the site. This badge may be revoked at any time due to the falsification
of data, or misconduct on site.

**H.14 MATERIALS AND EQUIPMENT**

H.14.1 Selection and Approval of Materials

H.14.1.1 Standard of quality. All materials and equipment incorporated
into the work shall be new and for the purpose intended, unless
otherwise specified, and all workmanship shall be of good quality and
performed in a skillful manner as determined by the Contracting Officer.

H.14.1.2 Selection by Contractor. Where the contract permits the
Contractor to select products, materials or equipment to be incorporated
in the work, or where specific approval is otherwise required by the
contract, the Contractor shall furnish to the Contracting Officer, for
approval, the names of the manufacturer, model number, and source of
procurement of each such product, material or equipment, together with
other pertinent information concerning the nature, appearance,
dimensions, performance, capacity, and rating thereof, unless otherwise
required by the Contracting Officer. Such information shall be provided
in a sufficiently timely manner to permit evaluation by the Government
against the requirements of the contract. In order to ensure a timely
review the Contractor shall provide a submittal register ten days after
contract award showing when shop drawings, samples, or submittals shall
be made. When directed to do so, the Contractor shall submit samples for
approval at the Contractor\'s expense, with all shipping charges
prepaid. Installation or use of any products, materials or equipment
without the required approval shall be at the risk of subsequent
rejection.

H.14.1.3 Custody of Materials The Contractor shall be responsible for
the custody of all materials received for incorporation into the
project, including Government furnished materials, upon delivery to the
Contractor or to any person for whom it is responsible, including
subcontractors. The Contractor shall deliver all such items to the site
as soon as practicable. If required by the Contracting Officer, the
Contractor shall clearly mark in a manner directed by the Contracting
Officer all items of which the Contractor has custody but which have not
been delivered or secured at the site, clearly indicating the use of
such items for this U.S. Government project.

H.14.1.4 Basis of Contract Price The contract price is based on the use
of the materials, products and equipment specified in the contract,
except for substitutions or \"Or-Equal\" items proposed by the
Contractor which have been specifically approved by the Government at
the time of execution of the contract. Any substitution approved by the
Government after execution of the contract shall be subject to an
appropriate adjustment of the contract price.

H.14.1.5 Substitutions

H.14.1.4.1 Prior approval required. Before substitutions (1) proposed by
the Contractor but not yet approved at the time of execution of the
contract, or (2) proposed by the Contractor after execution of the
contract may be used in the project, the Contractor must receive
approval in writing

from the Contracting Officer. Any substitution request must be
accompanied by sufficient information to permit evaluation by the
Government, including but not limited to the reasons for the proposed
substitution and data concerning the design, appearance, performance,
composition, and relative cost of the proposed substitute. Requests for
substitutions must be made in a timely manner to permit adequate
evaluation by the Government. If, in the Contracting

Officer\'s opinion, the use of such substitute items is not in the best
interests of the Government, the Contractor must obtain the items
originally specified with no adjustment in the contract price or
completion date.

H.14.1.4.2 Approval through shop drawings. The Contractor may propose
substitutions of materials in the submittal of shop drawings, provided
such substitution is specifically requested in writing in the
transmittal of the shop drawings to the Contracting Officer. Such
substitution requests must be made in a timely manner and supported by
the required information.

H.14.1.4.3 Final approval on delivery. Acceptance or approval of
proposed substitutions under the contract are conditioned upon approval
of items delivered at the site or approval by sample. Approval by sample
shall not limit the Government\'s right to reject material after
delivery to the site if the material does not conform to the approved
sample in all material respects.

H.14.2 \"Or-Equal Clause\" References in the Specifications/Statement of
Work to materials, products or equipment by trade name, make, or catalog
number, or to specific processes, shall be regarded as establishing a
standard of quality and shall not be construed as limiting competition.
The Contractor may propose for approval or rejection by the Contracting
Officer the substitution of any material, product, equipment or process
that the Contractor believes to be equal to or better than that named in
the Specifications/Statement of Work, unless otherwise specifically
provided in this contract.

H.14.3 Use and Testing of Samples

H.14.3.1 Use. Approved samples not destroyed in testing will be sent to
the Contracting Officer. Those which are in good condition will be
marked for identification and may be used in the work. Materials and
equipment incorporated in the work shall match the approved samples
within any specified tolerances. Other samples not destroyed in testing
or not approved will be returned to the Contractor at its expense if so
requested.

H.14.3.2 Failure of Samples. Failure of any material to pass the
specified tests will be sufficient cause for refusal to consider, under
this contract, any further samples of the same brand or make of that
material or equipment which previously has proved unsatisfactory in
service.

H.14.3.3 Taking and testing of samples. Samples of various materials or
equipment delivered on the site or in place may be taken by the
Contracting

Officer for additional testing by the Government outside of those
required by the Contract documents. Samples failing to meet contract
requirements will automatically void previous approvals of the items
tested. The Contractor shall replace such materials or equipment found
not to have met contract requirements, unless the Contracting Officer
determines it to be in the Government\'s interest to accept the non
conforming materials or equipment with an appropriate adjustment of the
Contract price as determined by the Contracting Officer.

H.14.3.4 Cost of additional testing by the Government. Unless otherwise
specified, when additional tests are made, only one test of each sample
proposed for use will be made at the expense of the Government. Samples
which do not meet contract required will be rejected. Further testing of
additional samples, if required, will be made at the expense of the
Contractor.

**H.15 SPECIAL WARRANTIES**

H.15.1 Special Warranty Obligations Any special warranties that may be
required under the contract shall be subject to the stipulations set
forth in Section I, 52.246-21, \"Warranty of Construction\", insofar as
they do not conflict with the provisions of such special warranties.

H.15.2 Warranty Information The Contractor shall obtain and furnish to
the Government all information which is required in order to make any
subcontractor\'s, manufacturer\'s, or supplier\'s guarantee or warranty
legally binding and effective, and shall submit both the information and
the guarantee or warranty to the Government in sufficient time to permit
the Government to meet any time limit requirements specified in the
guarantee or warranty, but not later than completion and acceptance of
all work under this contract.

**H.16 EQUITABLE ADJUSTMENTS**

H.16.1 Basis for Equitable Adjustments Any circumstance for which the
contract provides an equitable adjustment, that causes a change within
the meaning of paragraph (a) of the \"Changes\" clause shall be treated
as a change under that clause; provided, that the Contractor gives the
Contracting Officer prompt written notice within a limit of 20 days
stating (a) the date, circumstances, and applicable contract clause
authorizing an equitable adjustment and (b) that the Contractor regards
the event as a changed condition for which an equitable adjustment is
allowed under the contract.

H.16.2 Differing Site Condition Notice The Contractor shall provide
written notice of a differing site condition within 10 calendar days of
occurrence in accordance with additional information provided in FAR
52.236-2, Differing Site Condition.

H.16.3 Documentation of Proposals for Equitable Adjustments

H.16.3.1 Itemization of proposals and requests. Any request for
equitable adjustment in the contract price, including any change
proposal submitted in accordance with the \"Changes\" clause, shall be
submitted in the form of a lump sum proposal supported with an itemized
breakdown of all increases and decreases in the contract price in at
least the detail required by the Contracting Officer, and shall include
all costs and delays related to or arising out of the change or event
giving rise to the proposed adjustment, including any delay damages and
additional overhead costs.

H.16.3.2 Proposed time adjustments. The Contractor shall submit with any
request for an equitable adjustment or change proposal a proposed time
extension (if applicable), and shall include sufficient information to
demonstrate whether and to what extent the change will delay the
contract in its entirety.

H.16.3.3 Release by Contractor. The price and time adjustment made in
any contract modification issued as a result of a change proposal or
request for an equitable adjustment shall be considered to account for
all items affected by the change or other circumstances giving rise to
an equitable adjustment. Upon the issuance of such contract
modification, the Government shall be released from any and all
liability under this contract for further equitable adjustments
attributable to the facts and circumstances giving rise to the change
proposal or request for equitable adjustment.

**H.17 ZONING APPROVALS AND BUILDING PERMITS**

The Government shall be responsible for obtaining proper zoning or other
land use control approval for the project, for obtaining the approval of
the Contracting Drawings and Specifications, for paying fees due for the
foregoing, and for obtaining and paying for the initial building
permits.

**H.18 ASSIGNMENT**

The Contractor shall not assign the contract or any part thereof without
the written consent of the Contracting Officer, nor shall the Contractor
assign any moneys or other benefits due or to become due to him
hereunder, without the previous written consent of the Contracting
Officer.

**H.19 REVIEW OF DOCUMENTS**

H.19.1. Each Offeror is responsible for:

H.19.1.1. Thoroughly examining the Solicitation Documents and the
proposed Contract Documents and understanding the requirements thereof.

H.19.1.2. Visiting the project site and verifying all pertinent site
conditions.

H.19.1.4. Familiarizing itself with all codes, standards and other
documents referenced in the proposed Contract Documents.

H.19.1.5. Ascertaining the availability of all materials and equipment
necessary to produce the work required by the proposed Contract
Documents, of sufficient skilled labor to perform the work, and of the
availability of transportation to the site.

**H.20 SAFEGUARDING OF INFORMATION**

The Contractor and its employees shall exercise utmost discretion in
regard to all matters relating to their duties and functions. They shall
not communicate to any person any information known to them by reason of
their performance of services under this contract which has not been
made public, except to the extent necessary to perform their required
duties in the performance of the contract requirements or as provided by
written authorization of the Contracting Officer. All documents and
records (including photographs) generated during the performance of work
under this contract shall be for sole use of and shall become the
exclusive property of the U.S. Government. No article, book, pamphlet,
recording, broadcast, speech, television appearance, film or photograph
concerning any aspect of the work performed under this contract shall be
published or disseminated through any media without the prior written
authorization of the Contracting Officer. These obligations do not cease
upon the expiration or termination of this contract. The Contract shall
include the substance of this provision in all subcontracts hereunder

**H.21 REQUIREMENT FOR SHOP DRAWINGS.**

As defined at contract clause 52.236-21, Specifications And Drawings For
Construction (FEB 1997), shop drawings are required under this contract.

SECTION I Contract Clauses

**I.1 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): \_\_\_\_\_\_\_\_\_

The blanks are completed as follows

http://.arnet.gov/

http://farsite.hill/af.mil/

(End of clause)

**I.2 52.202-1 DEFINITIONS (JULY 2004)**

(Reference 2.201)

**I.3 52.202-1 I DEFINITIONS (MAR 2001)\--ALTERNATE I (MAR 2001)**

(Reference 2.201)

**I.4 52.203-3 GRATUITIES (APR 1984)**

(Reference 3.202)

**I.5 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)**

(Reference 3.404)

**I.6 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT
(JUL 1995)**

(Reference 3.503-2)

**I.7 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)**

(Reference 3.502-3)

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

(Reference 3.104-9)

**I.9 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER
ACTIVITY**

**(JAN 1997)**

(Reference 3.104-9)

**I.10 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (JUN 2003)**

(Reference 3.808)

**I.11 52.204-2 II SECURITY REQUIREMENTS (AUG 1996)\--ALTERNATE II (APR
1984)**

(Reference 4.404)

**I.12 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG
2000)**

(Reference 4.303)

**I.13 52.209-6 PROTECTING THE GOVERNMENT\'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT (JUL 1995)**

(Reference 9.409)

**I.14 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (SEP
1990)**

This is a rated order certified for national defense use, and the

Contractor shall follow all the requirements of the Defense Priorities
and

Allocations System regulation (15 CFR 700).

(End of clause)

**I.15 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003)**

(Reference 19.508)

**I.16 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)**

(Reference 19.708)

**I.17 52.219-17 SECTION 8(A) AWARD (DEC 1996)**

(Reference 19-811-3(a))

\(a\) By execution of a contract, the Small Business Administration
(SBA) agrees to the following:

\(1\) To furnish the supplies or services set forth in the contract
according to the specifications and the terms and conditions by
subcontracting with the Offeror who has been determined an eligible
concern pursuant to the provisions of section 8(a) of the Small Business
Act, as amended (15 U.S.C. 637(a)).

\(2\) Except for novation agreements and advance payments, delegates to
GovWorks the responsibility for administering the contract with complete
authority to take any action on behalf of the Government under the terms
and conditions of the contract; provided, however that the contracting
agency shall give advance notice to the SBA before it issues a final
notice terminating the right of the subcontractor to proceed with
further performance, either in whole or in part, under the contract.

\(3\) That payments to be made under the contract will be made directly
to the subcontractor by the contracting activity.

\(4\) To notify the GOVWORK Contracting Officer immediately upon
notification by the subcontractor that the owner or owners upon whom
8(a) eligibility was based plan to relinquish ownership or control of
the concern.

\(5\) That the subcontractor awarded a subcontract hereunder shall have
the right of appeal from decisions of the cognizant Contracting Officer
under the "Disputes" clause of the subcontract.

\(b\) The offeror/subcontractor agrees and acknowledges that it will,
for and on behalf of the SBA, fulfill and perform all of the
requirements of the contract.

\(c\) The offeror/subcontractor agrees that it will not subcontract the
performance of any of the requirements of this subcontract to any lower
tier subcontractor without the prior written approval of the SBA and the
cognizant Contracting Officer of the GovWorks, John M. Hite 703-787-1553

(End of clause)

**I.18 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)**

(Reference 19.811-3)

**I.19 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)**

(Reference 22.103-5)

**I.20 52.222-3 CONVICT LABOR (JUN 2003)**

(Reference 22.202)

**I.21 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT\--OVERTIME
COMPENSATION (JUL 2005)**

(Reference 22.305)

**I.22 52.222-6 DAVIS-BACON ACT (JUL 2005)**

(Reference 22.407(A)

**I.23 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)**

(Reference 22.810)

**I.24 52.222-26 EQUAL OPPORTUNITY (APR 2002)**

(Reference 22.810)

**I.25 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR
CONSTRUCTION (FEB 1999)**

(Reference 22.810)

**I.26 52.222-29 NOTIFICATION OF VISA DENIAL (JUN 2003)**

(Reference 22.810)

**I.27 52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS
OF THE VIETNAM ERA (Dec 2001)**

(Reference 22.1310)

**I.28 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN
1998)**

(Reference 22.1408)

**I.29 52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF
THE VIETNAM ERA (DEC 2001)**

(Reference 22.1310)

**I.30 52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING
REQUIREMENTS**

**(DEC 2001)**

(Reference 22.1310(c))

**I.31 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY
DATA (JAN 1997)**

(Reference 23.303)

**I.32 52.223-3 I HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY
DATA (JAN 1997) ALTERNATE I (JUL 1995)**

(Reference 23.303)

**I.33 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG
2003)**

(Reference 23.1005)

**I.34 52.223-6 DRUG-FREE WORKPLACE (May 2001)**

(Reference 23.505)

**I.35 52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (MAY
1995)**

(Reference 23.804)

**I.36 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)**

(Reference 23.906)

**I.37 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)**

(Reference 24.104)

**I.38 52.224-2 PRIVACY ACT (APR 1984)**

(Reference 24.104)

**I.39 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (MAR 2005)**

(Reference 25.1103)

**I.40 52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION
OF CONTRACT (FEB 2000)**

(Reference 25.1103)

**I.41 52.225-16 SANCTIONED EUROPEAN UNION COUNTRY SERVICES (FEB 2000)**

(Reference 25.1103)

**I.42 52.227-1 AUTHORIZATION AND CONSENT (JUL 1995)**

(Reference 27.201-2)

**I.43 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT (AUG 1996)**

(Reference 27.202-2)

**I.44 52.227-4 PATENT INDEMNITY\--CONSTRUCTION CONTRACTS (APR 1984)**

(Reference 27.203-5)

**I.45 52.227-16 ADDITIONAL DATA REQUIREMENTS (JUN 1987)**

(Reference 27.409)

**I.46 52.227-17 RIGHTS IN DATA\--SPECIAL WORKS (JUN 1987)**

(Reference 27.409)

**I.47 52.227-18 RIGHTS IN DATA\--EXISTING WORKS (JUN 1987)**

(Reference 27.409)

**I.48 52.228-3 WORKERS\' COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR
1984)**

(Reference 28.309)

**I.49 52.228-5 INSURANCE\--WORK ON A GOVERNMENT INSTALLATION (JAN
1997)**

(Reference 28.310)

**I.50 52.228-11 PLEDGES OF ASSETS (FEB 1992)**

(Reference 28.203-6)

**I.51 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)**

(Reference 28.102-3)

The blanks are completed as follows

\(a\) Performance and Payment bonds

\(c\) 30 days

**I.52 52.228-15 PERFORMANCE AND PAYMENT BONDS\--CONSTRUCTION (JULY
2000)**

(Reference 28.102-3)

**I.53 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)**

(Reference 29.401-3)

**I.54 52.230-2 COST ACCOUNTING STANDARDS (APR 1998)**

(Reference 30.201-4)

**I.55 52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES
(APR 1998)**

(Reference 30.201-4)

**I.56 52.230-5 COST ACCOUNTING STANDARDS\--EDUCATIONAL INSTITUTION (APR
1998)**

(Reference 30.201-4)

**I.57 52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS (APR 2005)**

(Reference 30.201-4)

**I.58 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP
2002)**

(Reference 32.111)

**I.59 52.232-16 PROGRESS PAYMENTS (APR 2003)**

(Reference 32.502-4)

**I.60 52.232-16 I PROGRESS PAYMENTS (MAR 2000)\--ALTERNATE I (MAR
2000)**

(Reference 32.501-1)

**I.61 52.232-17 INTEREST (JUNE 1996)**

(Reference 32.617)

**I.62 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)**

(Reference 32.806)

**I.63 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (SEP 2005)**

(Reference 32.908)

**I.64 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER\--CENTRAL
CONTRACTOR REGISTRATION (OCT 2003)**

(Reference 32.1110)

**I.65 52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF
ELECTRONIC FUNDS TRANSFER INFORMATION (MAY 1999)**

(Reference 32.1110)

**I.66 52.233-1 DISPUTES (JUL 2002)**

(Reference 33.215)

**I.67 52.233-3 PROTEST AFTER AWARD (AUG 1996)**

(Reference 33.106)

**I.68 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)**

(Reference 33.215(b)

**I.69 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)**

(Reference 36.501)

The blanks are completed as follows

50 PERCENT

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

(Reference 36.502)

**I.71 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK
(APR 1984)**

(Reference 36.503)

**I.72 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)**

(Reference 36.505)

**I.73 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)**

(Reference 36.506)

**I.74 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)**

(Reference 36.507)

**I.75 52.236-8 OTHER CONTRACTS (APR 1984)**

(Reference 36.508)

**I.76 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,
EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)**

(Reference 36.509)

**I.77 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)**

(Reference 36.510)

**I.78 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)**

(Reference 36.511)

**I.79 52.236-12 CLEANING UP (APR 1984)**

(Reference 36.512)

**I.80 52.236-13 ACCIDENT PREVENTION (NOV 1991)**

(Reference 36.513)

**I.81 52.236-13 ACCIDENT PREVENTION (NOV 1991)\--ALTERNATE I (NOV
1991)**

(Reference 36.513)

**I.82 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)**

(Reference 36.514)

**I-83 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)**

(Reference 36.515)

**I.84 52.236-17 LAYOUT OF WORK (APR 1984)**

(Reference 36.517)

**I.85 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB
1997)**

(Reference 36.521)

**I.86 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB
1997)\--ALTERNATE I (APR 1984)**

(Reference 36.521)

**I.87 52.242-3 PENALTIES FOR UNALLOWABLE COSTS (MAY 2001)**

(Reference 42.709-6)

**I.88 52.242-12 REPORT OF SHIPMENT (REPSHIP) (JUN 2003)**

(Reference 42.1406-2)

**I.89 52.242-13 BANKRUPTCY (JUL 1995)**

(Reference 42.903)

**I.90 52.243-4 CHANGES (AUG 1987)**

(Reference 43.205)

**I.91 52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)**

(Reference 43.205)

**I.92 52.244-2 SUBCONTRACTS (AUG 1998)**

(Reference 44.204)

**I.93 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2004)**

(Reference 44.403)

**I.94 52.244-2 SUBCONTRACTS (AUG 1998)\--ALTERNATE I (MAR 2005)**

(Reference 44.204)

**I.95 52.244-4 SUBCONTRACTORS AND OUTSIDE ASSOCIATES AND CONSULTANTS
(ARCHITECT-ENGINEER SERVICES) (AUG 1998)**

(Reference 44.204)

**I.96 52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)**

(Reference 44.204)

**I.97 52.245-1 PROPERTY RECORDS (APR 1984)**

(Reference 45.106)

**I.98 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)**

(Reference 46.710)

**I.99 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)\--ALTERNATE I (APR
1984)**

(Reference 46.710)

**I.100 52.248-3 VALUE ENGINEERING\--CONSTRUCTION (FEB 2000)**

(Reference 48.202)

**I.101 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
(FIXED-PRICE) (MAY 2004)**

(Reference 49.502)

**I.102 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
(FIXED-PRICE) (MAY 2004) ALTERNATE I (SEP 1996)**

(Reference 49.502)

**I.103 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)**

(Reference 49.504)

**I.104 52.251-1 GOVERNMENT SUPPLY SOURCES (APR 1984)**

(Reference 51.107)

**I.105 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)**

(Reference 53-111)

**I.106 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT
FOR EPA-DESIGNATED PRODUCTS (AUG 2000)**

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

\"Postconsumer material\" means a material or finished product that has
served its intended use and has been discarded for disposal or recovery,
having completed its life as a consumer item. Postconsumer material is a
part of the broader category of \"recovered material.\"

\"Recovered material\" means waste materials and by-products recovered
or diverted from solid waste, but the term does not include those
materials and by-products generated from, and commonly reused within, an
original manufacturing process.

\(b\) The Contractor, on completion of this contract, shall\--

\(1\) Estimate the percentage of the total recovered material used in
contract performance, including, if applicable, the percentage of
postconsumer material content; and

\(2\) Submit this estimate to \_\_\_\_\_\_\_\_\_\_

The blank is completed as follows:

U.S. Department of Interior/National Business Center/GovWorks

Attn: John M. Hite

381 Elden Street

Herndon, Virginia 20170

(End of clause)

**I.107 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)**

\(a\) Definition. \"Ozone-depleting substance,\" as used in this clause,
means any substance the Environmental Protection Agency designates in 40
CFR part 82 as\--

\(1\) Class I, including, but not limited to, chlorofluorocarbons,
halons, carbon tetrachloride, and methyl chloroform; or

\(2\) Class II, including, but not limited to, hydrochlorofluorocarbons.

\(b\) The Contractor shall label products which contain or are
manufactured with ozone-depleting substances in the manner and to the
extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82,
Subpart E, as follows:

\"WARNING: Contains (or manufactured with, if applicable)
\_\_\_\_\_\_\_\_\_\_\_\*\_\_\_\_\_\_\_\_, a substance(s) which harm(s)
public health and environment by destroying ozone in the upper
atmosphere.\"

\*The Contractor shall insert the name of the substance(s).

(End of clause)

**I.108 52.225-9 BUY AMERICAN ACT\--CONSTRUCTION MATERIALS (JAN 2005)**

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

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

\"Construction material\" means an article, material, or supply brought
to the construction site by the Contractor or a subcontractor for
incorporation into the building or work. The term also includes an item
brought to the site preassembled from articles, materials, or supplies.
However, emergency life safety systems, such as emergency lighting, fire
alarm, and audio evacuation systems, that are discrete systems
incorporated into a public building or work and that are produced as
complete systems, are evaluated as a single and distinct construction
material regardless of when or how the individual parts or components of
those systems are delivered to the construction site. Materials
purchased directly by the Government are supplies, not construction
material.

" Cost of components\" means\--

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

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

\"Domestic construction material\" means\--

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

\(2\) A construction material manufactured in the United States, if the
cost of its components mined, produced, or manufactured in the United
States exceeds 50 percent of the cost of all its components. Components
of foreign origin of the same class or kind for which nonavailability
determinations have been made are treated as domestic.

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

\"United States\" means the 50 States and the District of Columbia, U.S.
territories and possessions, Puerto Rico, the Northern Mariana Islands,
and any other place subject to U.S. jurisdiction, but does not include
leased bases.

\(b\) Domestic preference. (1) This clause implements the Buy American
Act (41 U.S.C. 10a - 10d) and the Balance of Payments Program by
providing a preference for domestic construction material. The
Contractor shall use only domestic construction material in performing
this contract, except as provided in paragraphs (b)(2) and (b)(3) of
this clause.

\(2\) This requirement does not apply to the construction material or
components listed by the Government.

\(3\) The Contracting Officer may add other foreign construction
material to the list in paragraph (b)(2) of this clause if the
Government determines that\--

\(i\) The cost of domestic construction material would be unreasonable.
The cost of a particular domestic construction material subject to the
requirements of the Buy American Act is unreasonable when the cost of
such material exceeds the cost of foreign material by more than 6
percent. For determination of unreasonable cost under the Balance of
Payments Program, the Contracting Officer will use a factor of 50
percent.

\(ii\) The application of the restriction of the Buy American Act or
Balance of Payments Program to a particular construction material would
be impracticable or inconsistent with the public interest; or

\(iii\) The construction material is not mined, produced, or
manufactured in the United States in sufficient and reasonably available
commercial quantities of a satisfactory quality.

\(c\) Request for determination of inapplicability of the Buy American
Act or Balance of Payments Program. (1)(i) Any Contractor request to use
foreign construction material in accordance with paragraph (b)(3) of
this clause shall include adequate information for Government evaluation
of the request, including\--

\(A\) A description of the foreign and domestic construction

materials;

\(B\) Unit of measure;

\(C\) Quantity;

\(D\) Price;

\(E\) Time of delivery or availability;

\(F\) Location of the construction project;

\(G\) Name and address of the proposed supplier; and

\(H\) A detailed justification of the reason for use of foreign
construction materials cited in accordance with paragraph (b)(3) of this
clause.

\(ii\) A request based on unreasonable cost shall include a reasonable
survey of the market and a completed price comparison table in the
format in paragraph (d) of this clause.

\(iii\) The price of construction material shall include all delivery
costs to the construction site and any applicable duty (whether or not a
duty-free certificate may be issued).

\(iv\) Any Contractor request for a determination submitted after
contract award shall explain why the Contractor could not reasonably
foresee the need for such determination and could not have requested

the determination before contract award. If the Contractor does not
submit a satisfactory explanation, the Contracting Officer need not make
a determination.

\(2\) If the Government determines after contract award that an
exception to the Buy American Act or Balance of Payments Program applies
and the Contracting Officer and the Contractor negotiate adequate
consideration, the Contracting Officer will modify the contract to allow
use of the foreign construction material. However, when the basis for
the exception is the unreasonable price of a domestic construction
material, adequate consideration is not less than the differential
established in paragraph

b)(3)(i) of this clause.

\(3\) Unless the Government determines that an exception to the Buy
American Act or Balance of Payments Program applies, use of foreign
construction material is non-compliant with the Buy American Act or

Balance of Payments Program.

\(d\) Data. To permit evaluation of requests under paragraph (c) of this
clause based on unreasonable cost, the Contractor shall include the
following information and any applicable supporting the data based on
the survey of suppliers:

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Unit of Price

Description Measure Quantity (Dollars)\*

Item 1:

Foreign construction material \_\_\_\_\_\_ \_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_

Domestic construction material \_\_\_\_\_\_ \_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_

Item 2:

Foreign construction material \_\_\_\_\_\_ \_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_

Domestic construction material \_\_\_\_\_\_ \_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_ \[List name, address, telephone number, and contact for
suppliers surveyed. Attach one copy of response; if oral, attach
summary.\] \[Include other applicable supporting information.\] \[\*
Include all delivery costs to the construction site and any applicable
duty (whether or not a duty-free entry certificate is issued).\]

(End of clause)

)

SECTION J List of Documents, Exhibits and Other Attachments

Section J Table of Contents

**DOCUMENT TYPE DESCRIPTION DATE**

Attachment 1 Statement of Work 03/17/06

Attachment 2 Drawings Undated

Attachment 3 Radome Specs 06/03/04

Attachment 4 APS Pad 11/14/05

Attachment 5 APS 100-002, Exterior Top View 11/14/05

& Port Locations

Attachment 6 APS 100-002 Exterior End Views 11/14/05

Attachment 7 APS Floor Entry Panels 11/14/05

Attachment 8 Site Layout 11/14/05

Attachment 9 Radome/Tower Concept 11/14/05

Attachment 10 Pedestal Base Extension 11/14/05

Attachment 11 Radome Floor Support Detail 11/14/05

Attachment 12 U.S. Department of Labor 06/13/03

General Decision No: MD20030032

Building Wage Determination

ModificationNo:0

SECTION K Representation, Certifications and Other Statements of
Offerors

**K.1 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO
INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991)**

(Reference 3.808)

**K.2 52.223-4 RECOVERED MATERIAL CERTIFICATION (OCT 1997)**

(Reference 23.406)

**K.3 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)**

(Reference 4.905)

\(a\) Definitions.

\"Common parent,\" as used in this provision, means that corporate
entity that owns or controls an affiliated group of corporations that
files its Federal income tax returns on a consolidated basis, and of
which the offeror is a member.

\"Taxpayer Identification Number (TIN),\" as used in this provision,
means the number required by the Internal Revenue Service (IRS) to be
used by the offeror in reporting income tax and other returns. The TIN
may be either a Social Security Number or an Employer Identification
Number.

\(b\) All offerors must submit the information required in paragraphs
(d) through (f) of this provision to comply with debt collection
requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of
26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by
the IRS. If the resulting contract is subject to the payment reporting
requirements described in Federal Acquisition Regulation (FAR) 4.904,
the failure or refusal by the offeror to furnish the information may
result in a 31 percent reduction of payments otherwise due under the
contract.

\(c\) The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror\'s relationship with the
Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject
to the payment reporting requirements described in FAR 4.904, the TIN
provided hereunder may be matched with IRS records to verify the
accuracy of the offeror\'s TIN.

\(d\) Taxpayer Identification Number (TIN).

/\_/ TIN:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

/\_/ TIN has been applied for.

/\_/ TIN is not required because:

/\_/ Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the United States and does not have an
office or place of business or a fiscal paying agent in the United
States;

/\_/ Offeror is an agency or instrumentality of a foreign government;

/\_/ Offeror is an agency or instrumentality of the Federal Government.

\(e\) Type of organization.

/\_/ Sole proprietorship;

/\_/ Partnership;

/\_/ Corporate entity (not tax-exempt);

/\_/ Corporate entity (tax-exempt);

/\_/ Government entity (Federal, State, or local);

/\_/ Foreign government;

/\_/ International organization per 26 CFR 1.6049-4;

/\_/ Other\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\(f\) Common Parent.

/\_/ Offeror is not owned or controlled by a common parent as defined in
paragraph (a) of this provision.

/\_/ Name and TIN of common parent:

Name\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TIN\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(End of provision)

**K.4 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED
DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001)**

\(a\)

\(1\) The Offeror certifies, to the best of its knowledge and belief,
that \--

\(i\) The Offeror and/or any of its Principals \--

\(A\) Are /\_\_/ are not /\_\_/ presently debarred, suspended, proposed
for debarment, or declared ineligible for the award of contracts by any
Federal agency;

\(B\) Have /\_\_/ have not /\_\_/, within a three-year period preceding
this offer, been convicted of or had a civil judgment rendered against
them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, state,
or local) contract or subcontract; violation of Federal or state
antitrust statutes relating to the submission of offers; or commission
of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, tax evasion, or receiving stolen
property; and

\(C\) Are /\_\_/ are not /\_\_/ presently indicted for, or otherwise
criminally or civilly charged by a governmental entity with, commission
of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this
provision.

\(ii\) The Offeror has /\_\_/ has not /\_\_/, within a three-year period
preceding this offer, had one or more contracts terminated for default
by any Federal agency.

\(2\) \"Principals,\" for the purposes of this certification, means
officers; directors; owners; partners; and, persons having primary
management or supervisory responsibilities within a business entity
(e.g., general manager; plant manager; head of a subsidiary, division,
or business segment, and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an
Agency of the United States and the Making of a False, Fictitious, or
Fraudulent Certification May Render the Maker Subject to Prosecution
Under Section 1001, Title 18, United States Code.

\(b\) The Offeror shall provide immediate written notice to the
Contracting Officer if, at any time prior to contract award, the Offeror
learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.

\(c\) A certification that any of the items in paragraph (a) of this
provision exists will not necessarily result in withholding of an award
under this solicitation. However, the certification will be considered
in connection with a determination of the Offeror\'s responsibility.
Failure of the Offeror to furnish a certification or provide such
additional information as requested by the Contracting Officer may
render the Offeror nonresponsible.

\(d\) Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith,
the certification required by paragraph (a) of this provision. The
knowledge and information of an Offeror is not required to exceed that
which is normally possessed by a prudent person in the ordinary course
of business dealings.

\(e\) The certification in paragraph (a) of this provision is a material
representation of fact upon which reliance was placed when making award.
If it is later determined that the Offeror knowingly rendered an
erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting
from this solicitation for default.

**K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (May 2004)**

(a)(1) The North American Industry Classification System (NAICS) code
for this acquisition is **[236220.]{.underline}**

[]{.mark}

\(2\) The small business size standard is**[: average annual gross
revenues for the past three (3) years less than \$28.5
million.]{.underline}**

\(3\) The small business size standard for a concern which submits an
offer in its own name, other than on a construction or service contract,
but which proposes to furnish a product which it did not itself
manufacture, is 500 employees.

\(b\) Representations. (1) The offeror represents as part of its offer
that it /\_ / is, /\_ / is not a small business concern.

\(2\) \[Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision.\] The offeror
represents, for general statistical purposes, that it /\_ / is, /\_ / is
not, a small disadvantaged business concern as defined in 13 CFR
124.1002.

\(3\) \[Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision.\] The offeror
represents as part of its offer that it /\_ / is, /\_ / is not a
women-owned small business concern.

\(4\) \[Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision.\] The offeror
represents as part of its offer that it /\_ / is, /\_ / is not a
veteran-owned small business concern.

\(5\) \[Complete only if the offeror represented itself as a
veteran-owned small business concern in paragraph (b)(4) of this
provision.\] The offeror represents as part of its offer that it /\_ /
is, /\_/ is not a service-disabled veteran-owned small business concern.

\(c\) Definitions. As used in this provision\--

\"Service-disabled veteran-owned small business concern\"\--

\(1\) Means a small business concern\--

\(i\) Not less than 51 percent of which is owned by one or more
service-disabled veterans or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one
or more service-disabled veterans; and

\(ii\) The management and daily business operations of which are
controlled by one or more service-disabled veterans or, in the case of a
veteran with permanent and severe disability, the spouse or permanent

caregiver of such veteran.

\(2\) Service-disabled veteran means a veteran, as defined in 38
U.S.C.101(2), with a disability that is service-connected, as defined in
38 U.S.C. 101(16).

\"Small business concern,\" means a concern, including its affiliates,
that is independently owned and operated, not dominant in the field of
operation in which it is bidding on Government contracts, and qualified
as a small business under the criteria in 13 CFR Part 121 and the size
standard in paragraph (a) of this provision.

\"Veteran-owned small business concern\" means a small business
concern\--

\(1\) That is at least 51 percent owned by one or more women; or, in the
case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more women; and

\(2\) The management and daily business operations of which are
controlled by one or more veterans.

\"Women-owned small business concern,\" means a small business
concern\--

\(1\) Which is at least 51 percent owned by one or more women or, in the
case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more women; and

\(2\) Whose management and daily business operations are controlled by
one or more women.

\(d\) Notice. (1) If this solicitation is for supplies and has been set
aside, in whole or in part, for small business concerns, then the clause
in this solicitation providing notice of the set-aside contains
restrictions on the source of the end items to be furnished.

\(2\) Under 15 U.S.C. 645(d), any person who misrepresents a firm\'s
status as a small, HUBZone small, small disadvantaged, or women-owned
small business concern in order to obtain a contract to be awarded under
the preference programs established pursuant to section 8(a), 8(d), 9,
or 15 of the Small Business Act or any other provision of Federal law
that specifically references section 8(d) for a definition of program

eligibility, shall\--

\(i\) Be punished by imposition of fine, imprisonment, or both;

\(ii\) Be subject to administrative remedies, including suspension and

debarment; and

\(iii\) Be ineligible for participation in programs conducted under the

authority of the Act.

(End of provision)

**K.6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)**

The offeror represents that\--

\(a\) It /\_/ has, /\_/ has not participated in a previous contract or
subcontract subject either to the Equal Opportunity clause of this
solicitation;

\(b\) It /\_/ has, /\_/ has not, filed all required compliance reports;
and

\(c\) Representations indicating submission of required compliance
reports, signed by proposed subcontractors, will be obtained before
subcontract awards.

(End of provision)

**K.7 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (AUG
2003)**

\(a\) Submission of this certificate is a prerequisite for making or
entering into this contract imposed by Executive Order 12969, August 8,
1995.

\(b\) By signing this offer, the offeror certifies that\--

\(1\) As the owner or operator of facilities that will be used in the
performance of this contract that are subject to the filing and
reporting requirements described in section 313 of the Emergency
Planning and

Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and
section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C.
13106), the offeror will file and continue to file for such facilities
for the life of the contract the Toxic Chemical Release Inventory Form
(Form R) as described in sections 313(a) and (g) of EPCRA and section
6607 of PPA; or

\(2\) None of its owned or operated facilities to be used in the
performance of this contract is subject to the Form R filing and
reporting requirements because each such facility is exempt for at least
one of the following reasons: (Check each block that is applicable.)

/\_/ (i) The facility does not manufacture, process, or otherwise use
any toxic chemicals listed under section 313(c) of EPCRA, 42
U.S.C.11023(c);

/\_/ (ii) The facility does not have 10 or more full-time employees as
specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C.11023(b)(1)(A);

/\_/ (iii) The facility does not meet the reporting thresholds of toxic
chemicals established under section 313(f) of EPCRA, 42 U.S.C.11023(f)
(including the alternate thresholds at 40 CFR 372.27, provided an
appropriate certification form has been filed with EPA);

/\_/ (iv) The facility does not fall within Standard Industrial
Classification Code (SIC) major groups 20 through 39 or their
corresponding North American Industry Classification System (NAICS)
sectors 31 through 33; or

/\_/ (v) The facility is not located within any State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, the Northern Mariana
Islands, or any other territory or possession over which the United
States has jurisdiction.

(End of provision)

**K.8 52.227-6 ROYALTY INFORMATION (APR 1984)**

\(a\) Cost or charges for royalties. When the response to this
solicitation contains costs or charges for royalties totaling more than
\$250, the following information shall be included in the response
relating to each separate item of royalty or license fee:

\(1\) Name and address of licensor.

\(2\) Date of license agreement.

\(3\) Patent numbers, patent application serial numbers, or other basis
on which the royalty is payable.

\(4\) Brief description, including any part or model numbers of each
contract item or component on which the royalty is payable.

\(5\) Percentage or dollar rate of royalty per unit.

\(6\) Unit price of contract item.

\(7\) Number of units.

\(8\) Total dollar amount of royalties.

\(b\) Copies of current licenses. In addition, if specifically requested
by the Contracting Officer before execution of the contract, the offeror
shall furnish a copy of the current license agreement and an
identification of applicable claims of specific patents.

(End of provision)

SECTION L Instruction, Conditions and Notices to Bidders

**L.1 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): \_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_.

The blanks are completed as follows

http://.arnet.gov/

http://farsite.hill/af.mil/

(End of provision)

**L.2 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT
2003)**

(Reference 4.603)

**L.3 52.211-6 BRAND NAME OR EQUAL (AUG 1999)**

(Reference 11.107)

**L.4 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE USE (SEP
1990)**

(Reference 11.604)

**L.5 52.214-15 PERIOD OF ACCEPTANCE (APR 1984)**

(Reference14.201-(6)(i)

**L.6 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE
EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)**

(Reference 22.810)

The blanks are completed as follows

\(b\) 5 Percent

\(b\) 5 Percent

\(e\) location of work performed in the United States.

**L.7 52.232-13 NOTICE OF PROGRESS PAYMENTS (APR 1984)**

(Reference 32.502-3)

**L.8 52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH
OFFER (MAY 1999)**

(Reference 32.1110)

**L.9 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)**

(Reference 36.523)

**L.10 52.236-27 I SITE VISIT (CONSTRUCTION) (FEB 1995)\--ALTERNATE I
(FEB 1995)**

(Reference 36.523)

The blanks are completed as follows

**Site visit will conducted on 30 May 2006 at 9:30 a.m.**

**All interested parties will meet at Liberty Research Center 7301 Ridge
Road Marriottsville, MD 21104**

**L.11 52.216-1 TYPE OF CONTRACT (APR 1984)**

The Government contemplates award of a **[Firm
Fixed-Priced]{.underline}** contract resulting from this solicitation.

(End of provision)

**L.12 52.225-10 NOTICE OF BUY AMERICAN ACT\--CONSTRUCTION MATERIALS
(MAY 2002)**

\(a\) Definitions. \"Construction material,\" \"domestic construction
material,\" and \"foreign construction material,\" as used in this
provision, are defined in the clause of this solicitation entitled \"Buy
American Act\--Balance of Payments Program\--Construction Materials\"
(Federal Acquisition Regulation (FAR) clause 52.225-9).

\(b\) Requests for determinations of inapplicability. An offeror
requesting a determination regarding the inapplicability of the Buy
American Act or Balance of Payments Program should submit the request to
the Contracting Officer in time to allow a determination before
submission of offers. The offeror shall include the information and
applicable supporting data required by paragraphs (c) and (d) of the
clause at FAR 52.225-9 in the request. If an offeror has not requested a
determination regarding the inapplicability of the Buy American Act or
Balance of Payments Program before submitting its offer, or has not
received a response to a previous request, the offeror shall include the
information and supporting data in the offer.

\(c\) Evaluation of offers. (1) The Government will evaluate an offer
requesting exception to the requirements of the Buy American Act or
Balance of Payments Program, based on claimed unreasonable cost of
domestic construction material, by adding to the offered price the
appropriate percentage of the cost of such foreign construction
material, as specified in paragraph (b)(3)(i) of the clause at FAR
52.225-9.

\(2\) If evaluation results in a tie between offeror that requested the
substitution of foreign construction material based on unreasonable cost
and an offeror that did not request an exception, the Contracting
Officer

will award to the offeror that did not request an exception based on
unreasonable cost.

\(d\) Alternate offers. (1) When an offer includes a foreign
construction material not listed by the Government in this solicitation
in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may
submit an alternate offer based on use of equivalent domestic
construction material. (2) If an alternate offer is submitted, the
offeror shall submit a separate Standard Form 1442 for the alternate
offer, and a separate price

comparison table prepared in accordance with paragraphs (c) and (d) of
the clause at FAR 52.225-9 for the offer that is based on the use of any
foreign construction material for which the Government has not yet

determined an exception applies.

\(3\) If the Government determines that a particular exception requested
in accordance with paragraph (c) of the clause at FAR 52.225-9 does not
apply, the Government will evaluate only those offers based on use of
the equivalent domestic construction material, and the offeror shall be
required to furnish such domestic construction material. An offer based
on use of the foreign construction material for which an exception was

requested\--

\(i\) Will be rejected as nonresponsive if this acquisition is conducted
by sealed bidding; or

\(ii\) May be accepted if revised during negotiations.

(End of provision)

**L.13 52.225-10 I NOTICE OF BUY AMERICAN ACT\--CONSTRUCTION MATERIALS**

**(MAY 2002)\--ALTERNATE I (MAY 2002)**

\(a\) Definitions. \"Construction material,\" \"domestic construction
material,\" and \"foreign construction material,\" as used in this
provision, are defined in the clause of this solicitation entitled \"Buy
American Act\--Balance of Payments Program\--Construction Materials\"
(Federal Acquisition Regulation (FAR) clause 52.225-9).

\(b\) Requests for determinations of inapplicability. An offeror
requesting a determination regarding the inapplicability of the Buy
American Act or Balance of Payments Program shall submit the request
with its offer, including the information and applicable supporting data
required by paragraphs (c) and (d) of the clause at FAR 52.225-9.

\(c\) Evaluation of offers. (1) The Government will evaluate an offer
requesting exception to the requirements of the Buy American Act or
Balance of Payments Program, based on claimed unreasonable cost of
domestic construction material, by adding to the offered price the
appropriate percentage of the cost of such foreign construction
material, as specified in paragraph (b)(3)(i) of the clause at FAR
52.225-9.

\(2\) If evaluation results in a tie between offeror that requested the
substitution of foreign construction material based on unreasonable cost
and an offeror that did not request an exception, the Contracting
Officer

will award to the offeror that did not request an exception based on
unreasonable cost.

\(d\) Alternate offers. (1) When an offer includes a foreign
construction material not listed by the Government in this solicitation
in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may
submit an alternate offer based on use of equivalent domestic
construction material.

\(2\) If an alternate offer is submitted, the offeror shall submit a
separate Standard Form 1442 for the alternate offer, and a separate
price comparison table prepared in accordance with paragraphs (c) and
(d) of

the clause at FAR 52.225-9 for the offer that is based on the use of any
foreign construction material for which the Government has not yet
determined an exception applies.

\(3\) If the Government determines that a particular exception requested
in accordance with paragraph (c) of the clause at FAR 52.225-9 does not
apply, the Government will evaluate only those offers based on use of
the equivalent domestic construction material, and the offeror shall be
required to furnish such domestic construction material. An offer based
on use of the foreign construction material for which an exception was

requested\--

\(i\) Will be rejected as nonresponsive if this acquisition is conducted
by sealed bidding; or

\(ii\) May be accepted if revised during negotiations.

(End of provision)

> **L**

**L.14 SUBMISSION OF OFFERS**

L.14.1 General: This solicitation is for the performance of the
construction services described in Section C -
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT, and other Attachments and
Exhibits which are a part of this solicitation.

L.14.2 Summary of Instructions

L.14.2.1 Each offer must consist of the following:

Volume Title No. of Copies\*

1 CONTRACTOR INFORMATION AND COST/PRICE [\_\_\_1\_\_\_\_]{.underline}

\- Executed Standard Form 1442, \"Solicitation, Offer and Award,

\- Completed Section B, Supplies or Services and Price/Cost\",

\- Information other than Cost and Pricing Data, and supporting

attachments prepared and submitted in accordance with Table 15-2

of Far 15.408.

\- Completed Section K, Representations, Certifications and Other

Statements of Offerors.

2 Performance schedule in the form of a \"bar
[\_\_\_\_1\_\_\_\_]{.underline}

chart\".

L.14.2.2 The complete offer shall be submitted by 2:00 pm EST on Monday,
19 June 2006, at the address indicated at Block 7 of Standard Form (SF)
1442, if mailed, or the address set forth below, if hand delivered.

Address hand delivery:

U.S. Department of Interior, NBC/GovWorks

381 Elden Street. MS 2500

Herndon, VA

703-787-1483

Mark A. Deberry

L.14.3 **Ensure that all required fill-ins are completed. In particular,
ensure that Section B and the certifications in Section K are completed
in their entirety, including signatures and dates where appropriate.**

L.14.3.1 Should the offeror claim exception to any requirement in this
solicitation, these exceptions shall be listed and rationale for them
provided in this volume. The absence of exceptions in this volume will
be

deemed as acceptance of all terms and conditions of the solicitation and
resulting contract.

L.14.3.2 The offeror shall provide their proposed prices/costs for each
CLIN in the blanks provided in Section B, "Supplies or Services and
Price/Cost." Additionally, the offerors shall include in this volume a
breakdown of the proposed total price in accordance with the following:

Construction: Sixteen (16) Division format. The data shall be summarized
and organized to follow the Construction Specification Institute (CSI))
16 Division Format.

**[Breakdown of Proposed Price by Divisions of
Specification]{.underline}**

  -------- ------------------------- ----------- --------------- -------------- ------------ -----------
           **Unit\***                **Labor**   **Materials**   **Overhead**   **Profit**   **Total**

           **Division Description**                                                          

  1        **General Requirements**                                                          

  2        **Site Work**                                                                     

  3        **Concrete**                                                                      

  4        **Masonry**                                                                       

  5        **Metals**                                                                        

  6        **Wood and Plastic**                                                              

  7        **Thermal and Moisture**                                                          

  8        **Doors and Windows**                                                             

  9        **Finishings**                                                                    

  10       **Specialties**                                                                   

  11       **Equipment**                                                                     

  12       **Furnishings (if Req)**                                                          

  13       **Special Construction**                                                          

  14       **Conveying**                                                                     

  15       **Mechanical/Plumbing**                                                           

  16       **Electrical**                                                                    

  \* Unit                                                                                    
  Total                                                                                      
  Prices                                                                                     
  -------- ------------------------- ----------- --------------- -------------- ------------ -----------

(End of provision)

SECTION M Evaluation Factors for Award

**M.1 EVALUATION OF OFFERS**

M.1.1. Proposals shall be evaluated in cost/price areas.

M.1.1.1 To be eligible for award, the proposed price must be determined
fair and reasonable.

M.1.1.2. The Government reserves the right not to make an award under
this solicitation if a fair and reasonable price can not be agreed.

M.1.2. EVALUATION OF PRICE

The Total Evaluated Contract Price will be evaluated for price fair and
reasonableness. The price may be analyzed by use of price or cost
analysis or a combination of the two.

**M.2 BASIS OF AWARD**

M.2.1. The basis will be the proposed cost for the complete project.

M.2.2. The following must be met in order to be eligible for award.

M.2.2.1. The proposed price must be determined fair and reasonable.

M.2.2.2. Offeror must be determined to have an acceptable probability of
successfully accomplishing the proposed effort.

M.2.2.3. The proposal must comply in all material respects with the
requirements of law, regulation, and the conditions set forth in this
solicitation.

M.2.2.4. The offer must be determined responsible according to the
standards in FAR 9.104-1.