#### ACTIVE ANTI-RAM BARRIERS -- UNIFORM CONTRACT FORMAT

#### UPATES

01/04/06 -- No change required by FAC 2005-15

12/13/06 - change required by FAC 2005-14 in FAR 652.228-15

12/07/06 -- changes required by FAC 2005-13 (52.203-6, 52.2-9-6,
52.244-6 and 52.225-18)

08/03/06 -- Change to FAR internet reference; no update required for FAC
2005-12

7/21/06 --Update 652.228-71; no update required by FAC 2005-11

7/10/06 -- Change required by FAC 2005-10 (52.204-7, and 652.228-74)

6/20/06 -- Change required by FAC 2005-09 (52.204-9, 652.237-71,
52.204-8, 52.222-50)

2/13/06 -- Change required by FAC 2005-07 (52.204-8, 52.225-13,
52.244-6)

1/12/06 -- Change required by FAC 2005-08 (update FAR 52.222-19 to JAN
2006)

12/14/05 -- Change to date of 52.244-6 to reflect that change in FAC
2005-1 was only to clause prescription

10/20/05 -- FAC updates for 2005-6 (52.203-11, 52.203-12, 52.228-15 and
52.232-27)

08/19/05 -- No change for FAC 2005-05

5/13/05 -- No change required by FAC 2005-3 because 52.225-13 updates
dates made in 2005-2.

4/15/05 -- Changes required by FAC 2005-1 and 2005-2 (update FAR
52.244-6, Subcontracts for Commercial Items and 52.225-13, Restrictions
on Certain Foreign Purchases to MAR 2005)

2/23/05 - Updated 52.209-6 and 52.244-6, and added 52.222-39 and
52.204-8 per FAC 2001-26 and FAC 2001-27

11/02/2004 -- Added 52.233-4 Section I per FAC 2001-25

09/30/04 -- Updated to cover new DBA

06/30/2004 -- Update 52.219-1, 52.244-6, and 52.202-1 Section I per FAC
2001-23 and FAC 2001-24

4/27/04 -- DOSAR update. Deleted 652.228-70

04/16/04 -- No update required for FAC 2001-21; updated for FAC 2001-22
(FAR 52.249-2).

1/29/04 No change for FAC 2001-17, changes for FAC 2001-18 (update
52.225-13) and FAC 2001-19 (update of 52.222-19)

10/29/2003 Updated FAC 2001-16 (FAR 52.204-6, 52.204-7, 52.232-27, and
52.225-13

5/29/2003 -- Updated for FAC 2001-14, FAR 52.203-12, 52.225-13, 52.229-6
and 52.247-63 (JUN 2003)

3/19/2003- Updated for FAC 2001-13, FAR 52-244-6 and FAR 52.247-64

1/15/03 - No update needed for FAC 2001-11

12/18/02 -- No revisions required by FAC 2001-10

9/10/02 -- Updated for FAC 2001-9, Section I, FAR 52.222-19 and
52.232-5.

7/16/02 Updated for FAC 2001-8, Section I, FAR 52.233-1

6/19 Clarified competition instructions regarding the Qualified
Manufacturing list in the Instructions to Contracting Officer

5/02/02 -- Deleted FAR 52.225-09 BUY AMERICAN ACT-BALANCE OF PAYMENTS
PROGRAM-CONSTRUCTION MATERIALS and Section K certification on this. Also
updated FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS to MAY 2002
version. Added FAR 52.222-19 to Section I

**Model Solicitation for Active Anti-Ram Barriers**

**Instructions to Contracting Officer**

##### 

[General]{.underline}

1\. The Contracting Officer [MUST]{.underline} mark any clause which is
modified at post with a double asterisk (\*\*), unless the instructions
for that clause in the model expressly state that post should modify the
clause to reflect post specifics.

2\. The rationale for this modification [MUST]{.underline} be included
in the memo requesting review from A/OPE.

3\. Delete asterisk from document prior to issuance of the solicitation.

##### 

##### Use of Approved Sources

**Post must obtain these barriers from US approved sources (see 12 FAH-5
B.60)**. The most recent list of approved sources can be found by
clicking on the following links:

Intranet

<http://aope.a.state.gov/compadcertbarriers.htm>

Internet

<http://www.statebuy.gov/compadcertbarriers.htm>

This list of sources is considered a qualified manufacturers' list (QML)
under Part 9 of the FAR and the Procurement Executive's determination of
December 1998. Competition must be obtained from all sources, on the
attached QML, qualifying for the forced entry requirements designated
unless a Justification for Other than Full and Open Competition is
completed in accordance with FAR 6.

[Installation of Barriers]{.underline}

This model is for the fabrication **and installation** of active
anti-ram barriers at posts overseas. We anticipate that most of these
projects will exceed \$100,000. We consciously did not use commercial
item format because installation of these barriers is clearly
construction, and typically the contract resulting from this
solicitation will include installation.

-   **Evaluation -** Installation of the barriers by the manufacturer is
    an option to be evaluated. The alternative to installation by the
    barrier supplier is installation by a local firm.

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-   **Installation Only -** If post only requires installation of
    barriers and purchase of the barriers will be a separate contracted,
    then you must revise this sample RFP to delete all but installation.
    Contact your A/OPE desk officer if you need assistance.

-   **Installation by Local Firm -** A local firm may install barriers
    **only:**

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-   **if approved by A/FBO and DS and**

-   **if the price for installation by the manufacturer is found to be
    too costly.**

> Please ensure that manufacturer's warranty will apply if the barriers
> are installed locally. Installation by a local firm would then be a
> construction contract. (See "Installation Only" above for instructions
> on which model to use.)

-   **Purchase of Barriers Only -** If post is simply purchasing
    barriers **and not installation of those barriers,** then change the
    cover sheet to the SF33 and remove all references to installation
    requirements, because this will not be a construction contract. This
    means deleting **all references** to construction. If you need
    assistance in determining which portions to delete, contact your
    A/OPE desk officer.

##### Specifications and Drawings

Post must ensure that the solicitation includes drawings and
specifications to install barriers properly. A/FBO/PE/CSM and DS/PSD/PCB
will need to approve the post-specific design and locations of the
active anti-ram barriers if installation prices are requested as an
option. A/FBO may need to provide drawings showing placement of the
barriers and any applicable soil survey data that could impact
installation.

[Bonding and Insurance]{.underline}

Bonding and insurance are required **for the installation option** if
the installation cost is estimated to exceed \$25,000. **The bonding**
requirement may be waived with appropriate assurances and
justifications.

[Cover Page of Solicitation]{.underline}

-   Construction -- If installation will be part of this solicitation,
    use the SF-1442 as a cover sheet.

-   Non-construction -- If installation will not be part of this
    solicitation, use the SF-33 as a cover sheet.

-   Use a Request for Proposals (RFP) number regardless of whether the
    SF-1442 or SF-33 is used.

[Applicability of Clauses/Provisions]{.underline}

The solicitation contains specific instructions directed to the
Contracting Officer regarding the applicability of certain
clauses/provisions. Brackets and **bold type** highlight these
instructions. Delete these instructional notes when the solicitation is
finalized.

[Pre-proposal Conference/Site Visit (optional)]{.underline}

If there will be a pre-proposal conference or site visit, provide
information in a cover letter to the solicitation and in Section L. You
may use the pre-proposal conference/site visit language from any of the
other A/OPE model solicitations.

A NOTE ON THE CENTRAL CONTRACTOR REGISTRATION (CCR)

\[***Note to Contracting Officer: If the contracting officer expects
participation by US firms or if the contracting officer determines it is
practical for foreign firms performing contracts outside the U.S. to
register in the CCR, then the following clause (FAR 52.204-7) should be
included in the solicitation. For additional information regarding when
the CCR requirement should be included can be found in A/OPE PIB
2004-2.***

***If FAR 52.204-7 is included in the solicitation then the following
clauses should be deleted in their entirety within the model
solicitation:***

***(a) 52.203--2, Certificate of Independent Price Determination.***

***(b) 52.203--11, Certification and Disclosure Regarding Payments to
Influence Certain Federal Transactions.***

***(c) 52.204--3, Taxpayer Identification.***

***(d) 52.204-6, Contractor Identification Number-Data Universal
Numbering System (DUNS) Number***

***(e) 52.209--5, Certification Regarding Debarment, Suspension,
Proposed Debarment, and Other Responsibility Matters.***

***(f) 52.215--6, Place of Performance.\]***

52.204-7 Central Contractor Registration (JULY 2006)

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

\"Central Contractor Registration (CCR) database\" means the primary
Government repository for Contractor information required for the
conduct of business with the Government.

\"Data Universal Numbering System (DUNS) number\" means the 9-digit
number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique
business entities.

\"Data Universal Numbering System +4 (DUNS+4) number\" means the DUNS
number assigned by D&B plus a 4-character suffix that may be assigned by
a business concern. (D&B has no affiliation with this 4-character
suffix.) This 4-character suffix may be assigned at the discretion of
the business concern to establish additional CCR records for identifying
alternative Electronic Funds Transfer (EFT) accounts (see the FAR at
Subpart 32.11) for the same parent concern.

\"Registered in the CCR database\" means that- (1) The Contractor has
entered all mandatory information, including the DUNS number or the
DUNS+4 number, into the CCR database; and (2) The Government has
validated all mandatory data fields, to include validation of the
Taxpayer Identification number (TIN) with the Internal Revenue Service
(IRS), and has marked the record \"Active\". The Contractor will be
required to provide consent for TIN validation to the government as a
part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the
requirement that a prospective awardee shall be registered in the CCR
database prior to award, during performance, and through final payment
of any contract, basic agreement, basic ordering agreement, or blanket
purchasing agreement resulting from this solicitation.

\(2\) The offeror shall enter, in the block with its name and address on
the cover page of its offer, the annotation \"DUNS\" or \"DUNS +4\"
followed by the DUNS or DUNS +4 number that identifies the offeror\'s
name and address exactly as stated in the offer. The DUNS number will be
used by the Contracting Officer to verify that the offeror is registered
in the CCR database.

\(c\) If the offeror does not have a DUNS number, it should contact Dun
and Bradstreet directly to obtain one.

\(1\) An offeror may obtain a DUNS number-

\(i\) If located within the United States, by calling Dun and Bradstreet
at 1-866-705-5711 or via the Internet at *http://www.dnb.com*; or

\(ii\) If located outside the United States, by contacting the local Dun
and Bradstreet office.

\(2\) The offeror should be prepared to provide the following
information:

\(i\) Company legal business.

\(ii\) Tradestyle, doing business, or other name by which your entity is
commonly recognized.

\(iii\) Company Physical Street Address, City, State, and Zip Code.

\(iv\) Company Mailing Address, City, State and Zip Code (if separate
from physical).

\(v\) Company Telephone Number.

\(vi\) Date the company was started.

\(vii\) Number of employees at your location.

\(viii\) Chief executive officer/key manager.

\(ix\) Line of business (industry).

\(x\) Company Headquarters name and address (reporting relationship
within your entity).

\(d\) If the Offeror does not become registered in the CCR database in
the time prescribed by the Contracting Officer, the Contracting Officer
will proceed to award to the next otherwise successful registered
Offeror.

\(e\) Processing time, which normally takes 48 hours, should be taken
into consideration when registering. Offerors who are not registered
should consider applying for registration immediately upon receipt of
this solicitation.

\(f\) The Contractor is responsible for the accuracy and completeness of
the data within the CCR database, and for any liability resulting from
the Government\'s reliance on inaccurate or incomplete data. To remain
registered in the CCR database after the initial registration, the
Contractor is required to review and update on an annual basis from the
date of initial registration or subsequent updates its information in
the CCR database to ensure it is current, accurate and complete.
Updating information in the CCR does not alter the terms and conditions
of this contract and is not a substitute for a properly executed
contractual document.

\(g\) (1) (i) If a Contractor has legally changed its business name,
\"doing business as\" name, or division name (whichever is shown on the
contract), or has transferred the assets used in performing the
contract, but has not completed the necessary requirements regarding
novation and change-of-name agreements in Subpart 42.12, the Contractor
shall provide the responsible Contracting Officer a minimum of one
business day\'s written notification of its intention to (A) change the
name in the CCR database; (B) comply with the requirements of Subpart
42.12 of the FAR; and (C) agree in writing to the timeline and
procedures specified by the responsible Contracting Officer. The
Contractor must provide with the notification sufficient documentation
to support the legally changed name.

\(ii\) If the Contractor fails to comply with the requirements of
paragraph (g)(1)(i) of this clause, or fails to perform the agreement at
paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly
executed novation or change-of-name agreement, the CCR information that
shows the Contractor to be other than the Contractor indicated in the
contract will be considered to be incorrect information within the
meaning of the \"Suspension of Payment\" paragraph of the electronic
funds transfer (EFT) clause of this contract.

\(2\) The Contractor shall not change the name or address for EFT
payments or manual payments, as appropriate, in the CCR record to
reflect an assignee for the purpose of assignment of claims (see FAR
Subpart 32.8, Assignment of Claims). Assignees shall be separately
registered in the CCR database. Information provided to the
Contractor\'s CCR record that indicates payments, including those made
by EFT, to an ultimate recipient other than that Contractor will be
considered to be incorrect information within the meaning of the
\"Suspension of payment\" paragraph of the EFT clause of this contract.

\(h\) Offerors and Contractors may obtain information on registration
and annual confirmation requirements via the internet at
*http://www.ccr.gov* or by calling 1-888-227-2423, or 269-961-5757.

***Note to Contracting Officer: Insert the following clause by reference
if FAR 52.204-7 is included.***

FAR 52.232-33 Payment by Electronic Funds Transfer -- Central Contractor
Registration (OCT 2003)

[DEFENSE BASE ACT INSURANCE]{.underline}

When the contracting officer has a reasonable expectation that
[no]{.underline} covered contractor employees (see PIB 2004-32 on OPE
intranet site for definition of covered versus non covered employees)
will be included in the offers (e.g., offers will come from local
overseas contractors and the work is to be performed in a country [that
has local workers' compensation laws]{.underline}), the contracting
officer shall include the following FAR clause and DOSAR provision in
the solicitation:

-   FAR clause 52.228-4, *Workers' Compensation and War-Hazard Insurance
    Overseas*; place in Section I.

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-   Provision entitled *Defense Base Act -- Covered Contractor
    Employees*; place in Section K*.*

If, in response to the solicitation, any offeror knows that they will
employ covered employees, the offeror is required to notify the
contracting officer prior to the closing date. The contracting officer
shall then amend the solicitation to add a line item in Section B (see
sample language in B.2.7 and actual item in B.3.6 of the LGP model).
Also add the following clauses/provisions:

-   FAR clause 52.228-3, *Workers' Compensation Insurance (Defense Base
    Act)*; place in Section I.

-   DOSAR clause 652.228-71, *Workers' Compensation Insurance (Defense
    Base Act) -- Services*; place in Section I.

-   DOSAR provision 652.228-74, *Defense Base Act Insurance Rates --
    Limitation* (DEVIATION); place in Section L.

Offerors shall be given additional time to incorporate the DBA
contractor rates into their proposed prices.

[American Business Sources]{.underline}

If you know or expect that American businesses may submit a proposal,
you must include the following solicitation provision, in addition to
the other certifications contained in this solicitation. This
certification is used to determine whether the firm is considered small
by the Small Business Administration (SBA).

If you receive an offer from a small business, and you determine that
firm to be non-responsible, you must refer the matter to A/OPE and
A/SDBU for referral to SBA. SBA will then determine whether to issue a
Certificate of Competency (SBA) attesting to the firm\'s ability to
perform the contract. For more information, see FAR 19.000(b) and 19.6.

52.219-1 Small Business Program Representations (MAY 2004)

(a)(1). The North American Industry Classification System (NAICS) code
for this acquisition is [23332.]{.underline}

\(2\) The small business size standard is \$[17.0]{.underline} million
dollars.

\(3\) 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.

\(6\) *\[Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision*.\] The offeror
represents, as part of its offer, that-

\(i\) It \[ \] is, \[ \] is not a HUBZone small business concern listed,
on the date of this representation, on the List of Qualified HUBZone
Small Business Concerns maintained by the Small Business Administration,
and no material change in ownership and control, principal office, or
HUBZone employee percentage has occurred since it was certified by the
Small Business Administration in accordance with 13 CFR part 126; and

\(ii\) It \[ \] is, \[ \] is not a joint venture that complies with the
requirements of 13 CFR part 126, and the representation in paragraph
(b)(6)(i) of this provision is accurate for the HUBZone small business
concern or concerns that are participating in the joint venture. \[*The
offeror shall enter the name or names of the HUBZone small business
concern or concerns that are participating in the joint
venture:\_\_\_\_\_\_\_\_\_\_*.\] Each HUBZone small business concern
participating in the joint venture shall submit a separate signed copy
of the HUBZone representation.

\(c\) Definitions.

\"Small business concern,\" as used in this provision, 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.

\"Women-owned small business concern,\" as used in this provision, 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

\(2\) 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, 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.

## Sample Letter To Prospective Offerors

> **\[Note to Contracting Officer: insert date\]**

**\[Note to Contracting Officer: insert inside address\]**

Dear Prospective Offeror:

SUBJECT: Solicitation Number **\[Note to Contracting Officer: insert
number and title of project\]**

The Embassy of the United States of America invites you to submit a
proposal for **\[Note to Contracting Officer: insert a brief description
of project scope, location of site\]**.

**\[Note to Contracting Officer: insert the following paragraph if a
pre-proposal conference will be held\]**

The Embassy intends to conduct a pre-proposal conference at the site,
and all prospective offerors who have received a solicitation package
will be invited to attend. See Section L of the attached Request for
Proposals (RFP).

Submit your proposal in a sealed envelope marked \"Proposal Enclosed\"
to the **\[Note to Contracting Officer: insert name of Contracting
Officer, Address\]** on or before **\[Note to Contracting Officer:
insert solicitation closing time\]** on **\[Note to Contracting Officer:
insert solicitation closing date\]**. No proposal will be accepted after
this time.

\[Note to Contracting Officer: use the following paragraph if barriers
and installation are being purchased\]

In order for a proposal to be considered, you must also complete and
submit the following:

1.  SF-1442

2.  Section B and Attachment 4, Proposal Breakdown by Divisions;

3.  Section K, Representations and Certifications;

4.  Bar Chart illustrating sequence of work to be performed;

5.  Additional information as required in Section L.

\[Note to Contracting Officer: use the following paragraph if only
barriers are being purchased under this solicitation, with no
installation\]

In order for a proposal to be considered, you must also complete and
submit the following:

1.  SF-33;

2.  Section B;

3.  Section K, Representations and Certifications;

4.  Additional information as required in Section L.

The contract completion date is specified in Section F of the
solicitation.

Direct any questions regarding this solicitation to **\[Note to
Contracting Officer: insert name\]** by letter or by telephone **\[Note
to Contracting Officer: insert telephone number\]** during regular
business hours.

Sincerely,

**\[Note to Contracting Officer: insert name\]**

Contracting Officer

**COVER PAGE - SF-1442**

**\[Note to Contracting Officer -- Use the SF-1442 as the cover page if
installation will be included. Use the SF-33 if installation will not be
included. Both forms are available on A/OPE's Internet site at**
<http://www.statebuy.gov/opehelp/opehelp.htm> **or Intranet site at**
[http://99.1.1.18](http://99.1.1.18/)

-   **See the Cookbook, Chapter 8 for a sample on how to complete the
    SF-1442. This example is actually an SF-1442 completed for contract
    award. When completing an SF-1442 for purposes of a solicitation
    cover page, fill in the following blocks, using the Cookbook sample.
    All other blanks are left uncompleted at this time:**

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-   **Block 1**

-   **Block 2**

-   **Block 3**

-   **Block 7**

-   **Block 8**

-   **Block 9a and 9b**

-   **Block 10**

-   **Block 11**

-   **Block 12A and 12B**

-   **Block 13**

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-   See the Cookbook, Chapter 8 for a sample on how to complete the
    SF-33. This example is actually an SF-33 completed for contract
    award. When completing an SF-33 for purposes of a solicitation cover
    page, fill in the following blanks, using the Cookbook sample. All
    other blanks are left uncompleted at this time:

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-   Block 3

-   Block 4

-   Block 5

-   Block 7

-   Block 8, if applicable

-   Block 9

-   Block 10A and 10b

-   Block 11\]

**SECTION B - SUPPLIES OR SERVICES**

**AND PRICES/COSTS**

B.1 CONTRACT PRICE

The Contractor shall supply, deliver, and complete all work, including
furnishing all labor, material, equipment and services, unless otherwise
specified herein, required under this contract for the following firm
fixed prices. These prices shall include all labor, materials, overhead
(excluding cost of Workers' Compensation and War-Hazard Insurance, for
U.S. citizens, which shall be a direct reimbursement) and profit.

**\[Note to Contracting Officer:**

-   **Column 1 - Sequentially number all items to be purchased**

-   **Column 2 -- Short description of item; revise as necessary**

-   **Column 3 -- Fill in unit of measure, such as EA (for each)**

-   **Column 4 -- Offeror will complete**

-   **Column 5 -- Include estimated quantity**

-   **Column 6 -- Offeror will complete**

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-   **Total Price -- Offeror will complete\]**

B.1.1 [Basic Contract Requirement]{.underline}. B.1.4, contract line
item 01 is the basic contract requirement for furnishing barriers.

B.1.2 [Optional Contract Requirement]{.underline}. B.1.4, contract line
item 02, is an option for installation of the barriers. If the
Government elects to exercise this option, it will do so at time of
contract award. See also Section I.1, FAR 52.217-7 for details relating
to this option exercise.

B.1.3 [Defense Base Act Insurance]{.underline}. If the Contractor will
be required to purchase Defense Base Act (DBA) Insurance, it shall not
be included in the firm-fixed price of installation. The Government will
reimburse the Contractor directly for DBA Insurance that is required and
obtained in accordance with Section I, DOSAR 652.228-71, \"Worker\'s
Compensation Insurance (Defense Base Act) - Services\" and FAR 52.228-3,
\"Worker\'s Compensation Insurance (Defense Base Act)\".

(Note: The Department of State has received from the Department of Labor
a waiver of DBA for non-U.S. citizens. See FAR 52.228-4 in Section I for
insurance required for non-U.S. citizens, which shall be included in the
contract price and not separately reimbursed.)

When the contract is awarded, the Contractor shall contact the
Contracting Officer and request the name of the insurance broker under
contract to the Department of State. After paying the DBA insurance
premium, the Contractor shall submit the certification of coverage from
the carrier and a voucher for payment to the Contracting Officer. A paid
invoice must support the voucher. The Contractor shall submit the
certification to the Contracting Officer before the Notice to Proceed
(see Section F).

The cost of DBA insurance is paid on an annual basis.

B.1.4 [Pricing]{.underline}.

Line Unit Total

[Item]{.underline} [Description]{.underline} [Unit]{.underline}
[Price]{.underline} [Quantity]{.underline} [Price]{.underline}

01 Active Anti-Ram Vehicle Barrier(s) EACH \_\_\_\_\_\_\_ \_\_\_\_\_\_\_
\_\_\_\_\_

02 Installation LOT [1]{.underline}

03 DBA Insurance (for U.S. citizens only) LOT [1]{.underline}

# 

#  Total Price 

B.2 TYPE OF CONTRACT

This is a firm-fixed price contract payable entirely in **\[Note to
Contracting Officer: select one of the following\]** ( ) local, ( ) U.S.
currency. The Government will not pay additional sums due to any
escalation in the cost of materials, equipment or labor, or the
contractor\'s failure to properly estimate or accurately predict the
cost or difficulty of achieving the results required. The Government
will also not adjust the contract price due to fluctuations in the
currency exchange rates. The Government may make changes in the contract
price or time to complete only due to changes made by the Government in
the work to be performed, or by delays caused by the Government.

**SECTION C - DESCRIPTION/SPECIFICATIONS**

###### STATEMENT OF WORK

C.1 SPECIFICATIONS/STATEMENT OF WORK

C.1.1 [General]{.underline}: The Contractor shall provide **\[Note to
Contracting Officer: identify quantity\]** active anti-ram vehicle
barriers at the \[**Note to Contracting Officer: identify specific
building**

**s)\]**. These barriers shall protect perimeter vehicle access/egress
points or Compound Access Control (CACs) by limiting their vulnerability
during the passage of vehicular traffic. Performance criteria for
vehicle barrier systems involve functional requirements, power system
and control circuits.

C.1.2 [Functional Requirements]{.underline}: The vehicle arrest system
shall provide a clearly visible device, such as a signal light or a drop
arm, to indicate the barrier's status to the approaching driver. The
normal operating time for the system to move the barrier component into
its final secure position shall not exceed 3 to 4 seconds. The system
shall include an emergency override mode that shall permit the barrier
to be fully engaged in 0.75 seconds or less. The width of the barrier
component(s) shall be **\[Note to Contracting Officer: provide width
requirements\]** and the barrier portion of the arrest system shall be
capable of protecting up to 3.1 to 3.7 meter driveway or garage ramp.
The barriers must meet impact tests identified in SD-STK-02.01, which
specifies perpendicular barrier impact by a 15,000 lb (6810 kg) vehicle
as **\[Note to Contracting Officer: provide K and L ratings (vehicle
velocity during crash test and maximum allowable penetration of the
barrier respectively as identified in 12 FAH 5 B.60)\]**.

C.1.3 [Power System and Control Circuits]{.underline}: The systems must
meet the following requirements:

-   Electric Motors must be **\[Note to Contracting Officer: identify
    local power supply\]**. Manufacturer must warrant that dual-rated 50
    or 60 Hz motors are acceptable.

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-   Control Voltage of the system shall not exceed 24 Volt Direct
    Current

.

-   The control system shall retain a "status quo" position when power
    fails; (it shall never fail secure or fail-safe). The control system
    shall provide a manual operation capability for use in the event of
    power failure.

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-   The system shall provide maximum dependability and ease of
    maintenance. **\[Note to Contracting Officer: identify worst known
    conditions, power surges, brownouts, adverse climatic conditions,
    etc.\]**

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-   The system shall have two standard control circuits: a slave or
    local control for the guard at the gate, and a master or remote
    control for the Marine Security Guard (MSG) booth. Both sets of
    controls shall include status indicator lights for power and barrier
    position.

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-   The system shall provide an emergency override and secure switch to
    the local guard. The emergency override switch for the local guard
    control shall not be equipped with reset capability. The local guard
    control shall include an annunciator, which shall be triggered
    whenever the barrier remains in the nonsecure position for a range
    of 0.0 to 60 seconds. The local control shall not be provided with a
    reset switch for this feature.

-   A remote master control shall be used at all posts. The remote
    master control shall have an override switch and reset button for
    the local emergency override feature. The remote master control
    panel shall have either an annunciator or a signal light triggered
    by the local control annunciator. The MSG booth alarm, however,
    shall include a silencer for the audible annunciator, if applicable.
    The annunciator shall disarm automatically when the override switch
    is used. The remote master control shall also have a reset switch
    for the local control annunciator.

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-   When power or hydraulic lines are not below ground, they shall be
    protected through the use of rigid conduit. Manufacturers shall
    provide fail-safe lock options to the hydraulic reservoirs, which
    shall prevent the barrier from lowering in the event of hydraulic
    failure. The use of this fail-in-place is encouraged.

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-   The Contractor shall provide written inspection/maintenance guidance
    and this guidance shall include component manuals. At a minimum this
    shall include:

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-   Inspection/maintenance procedures (what to check, locations, what
    steps to follow, etc.)

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-   Special safety precautions

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-   Listing of parts/components requiring inspection/maintenance
    together with frequency of the inspection/maintenance.

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-   Identification of specific maintenance materials or products (e.g.,
    type of grade of oil and other fluids, size and types of filter,
    etc.)

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-   Identification of any special tools that shall be available before
    inspection/maintenance can be performed.

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-   Every active vehicle barrier system shall include the following
    items:

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-   Remote control panel with annunciator, override and reset;

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-   Hydraulic hand pump (only for powered units);

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-   Power off operation;

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-   Emergency fast operation;

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-   Low fluid level switch;

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-   Sump pump (in ground units only);

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-   Export packaging;

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-   Installation, operation, and maintenance manual;

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-   Spare parts kit (per manufacturer's recommended list);

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-   Electrical disconnect at the hydraulic unit

**\[Note to Contracting Officer: Add the following other options as
applicable:**

-   For areas where temperatures exceed 100 degrees Fahrenheit (37.8
    degrees Celsius) for extended periods, a cooling unit for the
    hydraulic fluid should be ordered.

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-   **For areas that experience freezing temperatures a heating system
    should be included which prevents the build-up of ice in the
    barrier. Additional rust proofing may be added.**

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-   **Traffic lights**

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-   **Parking gate (drop gate)**

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-   **Extra local/slave panels**

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-   **Extra master/remote panels**

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-   **Tool kit (for maintenance)**

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-   **Hydraulic hose (if not available locally)**

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-   **Electrical wire (if not available locally)**

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-   **Tools needed for installation (if anticipate local installation)**

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-   **Environmental enclosures\]**

C.2 OPTIONAL CONTRACT LINE ITEM: INSTALLATION

C.2.1 [General]{.underline}. The Contractor shall 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 by others under
separate contracts. The contract drawings are set forth in Section J as
Attachment 5 and Specifications/Statement of Work are set forth below.

C.2.2 [Pump/Motor Location]{.underline}. For most efficient operation,
the location of the pump/motor shall be as close as possible to the
barrier with a minimum of turns and bends in the hydraulic lines as
identified in the drawings.

C.2.3. [All vehicle barriers shall be made of]{.underline}:

\[Note to Contracting Officer: If local building code requires
modification to the following standards regarding steel, notify
A/FBO/PE/BDE before revising.\]

-   Steel:

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-   Deformed steel reinforcement shall be new billet steel, Grade 60
    (for forced entry designs) and Grade 40 (for anti-ram designs) and
    shall comply with American Concrete Institute standard (ACI) 318 and
    American Society of Testing Materials standards (ASTM) A-615.
    Placement of reinforcement shall be governed by ACI 318. Placing
    plans and shop details shall be in accordance with ACI 315 and shall
    be provided as shop drawings during the installation. Furnish
    support bars in accordance with CRSI standards.

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-   Structural steel shall be carbon steel (ASTM A-36) having a minimum
    tensile strength of 400 to 550 Mpa. All structural steel shall be
    designed in accordance with the American Institute of Steel
    construction (AISC) -- Specification for Design, Fabrication, and
    Erection of Structural Steel for Buildings.

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-   Concrete:

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-   Concrete used in the construction of the walls, floors and ceiling
    which shall constitute all or part of a FE/BR hardline or anti-ram
    structure at a DOS overseas building. The concrete shall meet
    American Concrete Institute (ACI) and the American Society of
    Testing and materials (ASTM) specifications for the formulation,
    placement, and curing of the concrete. **\[Note to Contracting
    Officer: copies of ACI and ASTM standards should be available on
    site for reference before pouring of concrete. If you need copies of
    applicable sections please contact A/FBO/PE/BDE.\]**

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-   All concrete shall be rated at a strength of 20.5 Mpa at 28 days
    with 5 percent air entrainment. Minimum slump is 50mm and maximum
    slump is 90mm.

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-   Cement, coarse and fine aggregate shall comply with ACI 304. Coarse
    aggregate shall be no larger than 25mm diameter and, together with
    fine aggregate, shall comply with ASTM C-33. Cement shall be Type I,
    ASTM C-150.

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-   Mixing and placing of concrete is to comply with ACI 304 and ASTM
    C-94. The Contractor shall submit concrete design mix to the
    Contracting Officer's Representative (COR) for review and approval
    prior to preparing the concrete and presenting it at the site.
    Consolidation by vibration shall comply with ACI 318. Quality
    control shall be in accordance with ACI 318. Slump tests (conforming
    to ASTM C-143) will be conducted by, or under the direction of the
    COR to confirm the workability and to control the water content of
    the concrete mix during placement. Maximum water-cement ration (by
    weight) shall be 0.46 for air-entrained concrete.

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-   The Contractor shall take test cylinders throughout the placement of
    the concrete, in accordance with ASTM C-21. Representative cylinders
    shall be broken at 7, 14, 21 and 28 days, in accordance with ASTM
    C-39, to verify the concrete strength. **\[Note to Contracting
    Officer: a minimum of eight cylinders shall be taken, but the total
    number of cylinders and sampling shall not exceed *??* and exact
    number shall be determined by COR.\]**

-   Concrete shall be wet-cured in accordance with ACI 308.

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-   Soils. In general, for all concrete footings, vaults, and
    foundations for active anti-ram vehicle barriers, the minimum soil
    bearing pressure shall be 65 kPA (1350 psf), for all seismic zones,
    unless more stringent conditions are identified. Where organic soils
    are present, the maximum allowable bearing capacity shall not exceed
    48 kPA (1000 psf) and where the in-situ soils consist of stiff
    weathered clay, the maximum allowable bearing capacity shall not
    exceed 95 kPA (1980 psf), for all seismic zones.

> When existing conditions indicate that the soil bearing capacity is
> less than 45 kPA (940 psf) the foundations shall be designed by a
> registered structural engineer. Backfill shall be low-cohesive,
> well-graded crushed stone or broken gravel, at least the depth of the
> foundation and extending around the structure 1.5 times the embedment
> depth, or at least 2.0 ft. Backfill shall be compacted to a density of
> not less than 90 percent maximum dry density.

C.2.4 [Submittals]{.underline}. The Contractor shall provide
construction/installation submittals consisting of:

-   Shop drawings showing concrete and reinforcement

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-   Product literature describing equipment

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-   Wiring diagrams (to guard booth)

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-   Drainage systems (if affected)

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-   As built drawings; warranty information; operation manuals, and
    maintenance and repair documents.

# C.3. DRAWINGS

In case of differences between small and large-scale drawings, the
latter shall govern. Where a portion of the work is drawn in detail and
the remainder of the work is indicated in outline, the parts drawn in
detail shall apply also to all other portions of the work. Drawings
shall show placement of barriers. **\[Note to Contracting Officer:
provide drawings to Contractor showing placement of barriers per 12 FAH
5 H-424.1. These drawings will be a part of the solicitation and
contract.\]**

**SECTION D - PACKAGING AND MARKING**

D.1 PLACE OF DELIVERY

All deliverables shall be delivered to the following address:

**\[Note to Contracting Officer: fill in delivery address, either CRP or
at post\]**

D.2 PACKING AND MARKING

Materials delivered to the site shall be export packed for surface
shipment and marked as follows:

**SECTION E - INSPECTION AND ACCEPTANCE**

E.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:

http://acquisition.gov/far/index.html or,
http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition
Regulation (FAR) is not available at the locations indicated above, use
the Dept. of State Acquisition Website at
<http://www.statebuy.state.gov/> to see the links to the FAR. You may
also use an Internet "search engine" (e.g., Yahoo, Excite, Alta Vista,
etc.) to obtain the latest location of the most current FAR.

The following Federal Acquisition Regulation clauses are incorporated by
reference:

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

[Clause]{.underline} [Title and Date]{.underline}

52.246-02 Inspection of Supplies -- Fixed Price (AUG 96)

52.246-12 Inspection of Construction (AUG 1996)\*

\*applicable if installation option is exercised

# E.2 QUALITY ASSURANCE

The Contractor shall institute an appropriate inspection system
including:

(1) creation of checklists of duties to be carried out;

(2) periodic inspections to ensure that these duties are carried out by
    the supervisory staff and senior employees; and,

(3) weekly inspections to determine whether the various services are
    being performed according to the contract requirements.

The contractor shall provide copies of the **\[Note to Contracting
Officer: fill in weekly or monthly\]** inspection reports to the COR.

The contractor shall promptly correct and improve upon any areas of
shortcomings and/or substandard conditions noted in such inspections.
The contractor shall bring to the attention of the Contracting Officer
or COR, for disposition, any conditions uncovered which are not the
responsibility of the Contractor.

E.2.1 [Inspection by Government:]{.underline} The COR or his/her
authorized representatives will periodically inspect the services being
performed and supplies being furnished, to determine that all services
are being performed in an acceptable manner, and that all supplies are
of acceptable quality and standards.

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.

E.4 FINAL COMPLETION AND ACCEPTANCE

E.4.1 [Definitions]{.underline}

\(a\) \"Final completion and acceptance\" - the stage in the progress of
the work, as determined by the Contracting Officer and confirmed in
writing to the Contractor, at which all work required under the contract
has been completed in a satisfactory manner in accordance with contract
requirements, subject to the discovery of defects after final completion
and except for items specifically excluded in the notice of final
acceptance.

\(b\) \"Date of final completion and acceptance\"- the date determined
by the Contracting Officer on which final completion of the work occurs,
as indicated by written notice to the Contractor.

E.4.2 [Final Inspection and Tests]{.underline}

The Contractor shall give the Contracting Officer at least five (5)
calendar days advance written notice prior to 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 Contracting Officer determines that
the work is not ready for final inspection and so informs the
Contractor.

E.4.3 [Final Acceptance]{.underline}

The Contracting Officer shall issue to the Contractor a notice of final
acceptance and make final payment as required by the contract upon:

\(1\) satisfactory completion of all required tests;

(2) verification by the Contracting Officer 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;

(3) submittal by the Contractor of all documents and other items
    required upon completion of the work, including a final request for
    payment, and;

(4) determination by the Contracting Officer that the work under the
    contract is complete and the contract has been fully performed, with
    the exception of continuing obligations thereunder.

**SECTION F - DELIVERIES OR PERFORMANCE**

F.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:

http://acquisition.gov/far/index.html or,
http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition
Regulation (FAR) is not available at the locations indicated above, use
the Dept. of State Acquisition Website at
[http://www.statebuy.state.gov/](http://www.statebuy.gov/home.htm) to
see the links to the FAR. You may also use an Internet "search engine"
(e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of
the most current FAR.

The following Federal Acquisition Regulation clauses are incorporated by
reference:

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

[Clause]{.underline} [Title and Date]{.underline}

52.242-15 Stop Work Order (AUG 1989)

52.242.17 Government Delay of Work (APR 1984)

52.242-14 Suspension of Work (APR 1984)\*

\*applicable if installation option is exercised

F.2 DELIVERY DUE DATE

Active vehicle barriers required hereunder shall be delivered to the
address identified in Section D.1 not later than **\[Note to Contracting
Officer: fill in number of calendar days\]** after date of contract
award.

F.3 INSTALLATION CLAUSES -- These clauses are only applicable to the
installation portion of the work, presuming the installation option is
exercised.

F.3.1 [52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF
WORK]{.underline}

[(APR 1984)]{.underline}

The Contractor shall be required to (a) commence work under this
contract within **\[Note to Contracting Officer: fill in number of
days\]** calendar days after the date the Contractor receives the Notice
to Proceed, (b) prosecute the work diligently, and (c) complete the
entire work ready for use not later than **\[Note to Contracting
Officer: fill in number of days\]** calendar days after the date of the
Notice to Proceed. The time stated for completion shall include final
cleanup of the premises and completion of punch-list items.

F.3.2 [52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEP
2000)]{.underline}

\(a\) If the Contractor fails to complete the work within the time
specified in the contract, or any extension, the Contractor shall pay
liquidated damages to the Government in the amount of **\[Note to
Contracting Officer: insert amount\]** for each calendar day of delay
until the work is completed or accepted.

\(b\) If the Government terminates the Contractor's right to proceed,
liquidated damages will continue to accrue until the work is completed.
These liquidated damages are in addition to excess costs of repurchase
under the Termination clause.

F.3.3 [Contractor\'s Submission Of Construction Schedules]{.underline}

\(a\) 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 \" **\[Note to
Contracting Officer: fill in number of days\]** calendar days after
receipt of an executed contract\".

\(b\) 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.

\(c\) 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 that sequences work so as to minimize disruption at the
job-site.

\(d\) 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 due to 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.3.4 [Acceptance Of Schedule]{.underline}

When the Government has accepted any time schedule, this acceptance
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 or relieve the Contractor of its obligation to maintain the
    progress of the work and achieve final completion by the established
    completion date.

F.3.5 [Notice Of Delay]{.underline}

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:

(1) notify the Government of such change or other conditions upon the
    approved schedule, and;

(2) 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) calendar
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.3.6 [Notice To Proceed]{.underline}

(a) The Contracting Officer will issue a Notice to Proceed with barrier
    installation, following:

-   receipt from the Contractor and acceptance by the Government of
    evidence of bonding and insurance within the time specified in
    Section H of this contract, and;

-   arrival of the barriers at the Embassy site.

\(b\) The Contractor shall then prosecute the work required hereunder,
commencing and completing performance not later than the time period
established in F.3.1.

F.4 [Excusable Delays]{.underline}

The Contractor shall 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 the government of the host country in its sovereign
    capacity;

(4) acts of another contractor in the performance of a contract with the
    Government;

(5) fires;

(6) floods;

(7) epidemics;

(8) quarantine restrictions;

(9) strikes;

\(10\) freight embargoes;

\(11\) delays in delivery of Government furnished equipment, and;

\(12\) unusually severe weather.

In each instance, the failure to perform shall be beyond the control and
without the fault or negligence of the Contractor, and the failure to
perform furthermore:

(1) shall 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.5. DELIVERABLES

The Contractor shall delivery the following items under this contract in
accordance with the delivery dates identified below. Bonds/Insurance,
Safety Plan, Quality Assurance Plan, Construction Schedule, Submittal
Schedule and Bios on Personnel shall be submitted prior to issuance by
the Government of the Notice to Proceed.

\[Note to Contracting Officer:

-   for the deliverable for E.2, fill in either "weekly" or "monthly" in
    the blank

-   for the deliverable for I.1, change this to reflect frequency
    required

-   Contracting Officer may need to add other data in accordance with
    specifications\]

[Description]{.underline} [Quantity]{.underline} [Delivery
Date]{.underline} [Deliver to:]{.underline}

H.1.2. Bonds/Insurance 1 10 days after award Contracting Officer

H.11.1 Safety Plan 1 10 days after award COR

E.2. Quality Assurance/Control Plan 1 10 days after award COR

F.3 Construction Schedule 1 10 days after award COR

H.14.1 Submittal Register 1 10 days after award COR

H.1.2.3.Bios on Personnel 1 10 days after award COR

## E.2. Inspection Reports 1 7 days after end of COR

\_\_\_\_\_\_\_\_\_\_period being reported

G.3. Payment Request 1 last calendar day of COR

each month

I.1 Updates to Construction 1 last calendar day of COR

Schedule (52.236-15) each month

# E.3 Request for Final Acceptance 1 5 days before inspection COR

**SECTION G - CONTRACT ADMINISTRATION DATA**

G.1. MONITORING OF THE CONTRACTOR

G.1.1. [652.242-70 CONTRACTING OFFICER\'S REPRESENTATIVE (COR) (AUG
1999)]{.underline}

\(a\) The Contracting Officer may designate in writing one or more
Government employees, by name or position title, to take action for the
Contracting Officer under this contract. Each designee shall be
identified as a Contracting Officer's Representative (COR). Such
designation(s) shall specify the scope and limitations of the authority
so delegated; provided, that the designee shall not change the terms or
conditions of the contract, unless the COR is a warranted Contracting
Officer and this authority is delegated in the designation.

\(b\) The COR for this contract is the **\[Note to Contracting Officer:
fill in COR by job title rather than by name, ie., Facilities
Maintenance Manager\]**

G.1.2 [Duties]{.underline}

The COR is responsible for inspection and acceptance of services. These
duties include review of Contractor invoices, including the supporting
documentation required by the contract. The COR may provide technical
advice, substantive guidance, inspections, invoice approval, and other
purposes as deemed necessary under the contract. The COR is designated
as the authority to act for the Contracting Officer in matters
concerning technical clarification, random inspection of Contractor
performance to ensure compliance with contract specifications and
acceptance of the Contractor\'s performance under this contract. The COR
will coordinate all work with the Contractor during the term of this
contract. The COR is not authorized to alter the contract\'s terms, or
conditions, including the design to budget parameter. Such changes must
be authorized by the Contracting Officer in a written modification to
the contract. Reference to the project architect within documents
incorporated into this contract shall be read to mean COR.

G.2 INVOICING INSTRUCTIONS FOR FURNISHING ANTI-RAM BARRIERS.

G.2.1 [Number of Copies and Location]{.underline}. The Contractor shall
submit invoice(s) to the designated billing official, in an original and
three (3) copies at the following address (designated office only for
purpose of submitting invoices):

**\[Note to Contracting Officer: fill in address to which invoices
should be sent.\]**

[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

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

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

G.2.2 The Contractor shall submit a single invoice for furnishing of the
anti-ram barriers. This invoice shall be submitted in accordance with
FAR 52.233-25.

G.3 PAYMENT - CLAUSE APPLICABLE ONLY IF THE BARRIER INSTALLATION OPTION
IS EXERCISED

G.3.1 [General:]{.underline} 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:]{.underline} Each application for
payment shall be made no more frequently than monthly, unless otherwise
provided herein, and shall cover the value of labor and materials
completed and in place, including a prorated portion of overhead and
profit.

G.3.3 [Payments to Subcontractors:]{.underline} The Contractor shall
make timely payment to his subcontractors and suppliers from the
proceeds of the progress or final payment for which request is being
made, 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 Contracting Officer will 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 for the reduction.

G.3.5 [Additional Withholding:]{.underline} 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

\(1\) Wages or other amounts due the Contractor\'s employees on this
project;

\(2\) Wages or other amounts due employees of subcontractors on this
project;

\(3\) Amounts due suppliers of materials or equipment for this project;
and

\(4\) 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.3.6. [Payment:]{.underline} In accordance with 52.232-27(a) 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 THROUGH H.18 ARE APPLICABLE ONLY IF INSTALLATION OPTION IS EXERCISED

H.1 BOND REQUIREMENTS

H.1.1 [Bonds Required:]{.underline} 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, each in the amount of
20% of the contract price, or (2) comparable alternate performance
security approved by the Government such as letter of credit shown in
Section J.

H.1.2 [Time for Submission:]{.underline} The Contractor shall provide
the bonds required by paragraph H.1.1 above within ten (10) calendar
days of contract award. Failure to timely submit (1) the required bonds
or 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 shall 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]{.underline}

The bonds or alternate performance security shall guarantee:

(1) the Contractor\'s execution and completion of the work within the
    contract time;

(2) the correction of any defects after completion as required by this
    contract;

(3) the payment of all wages and other amounts payable by the Contractor
    under its subcontracts or for labor and materials, and;

(4) the satisfaction or removal of any liens or encumbrances placed on
    the work.

H.1.4 [Duration of Coverage:]{.underline} 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.1.5 [52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)]{.underline}

The Contractor shall promptly furnish additional security required to
protect the Government and persons supplying labor or materials under
this contract if --

(a) Any surety upon any bond, or issuing financial institution for other
    security, furnished with this contract becomes unacceptable to the
    Government;

(b) ( b) Any surety fails to furnish reports on its financial condition
    as required by the Government; or

(c) \(c\) The contract price is increased so that the penal sum of any
    bond becomes inadequate in the opinion of the Contracting Officer;
    or

(d) \(d\) An irrevocable letter of credit (ILC) used as security will
    expire before the end of the period of required security. If the
    contractor does not furnish an acceptable extension or replacement
    ILC, or other acceptable substitute, at least 30 days before an
    ILC's scheduled expiration, the Contracting Officer has the right to
    immediately draw on the ILC.

H.2 INSURANCE

H.2.1 [Amount of Insurance]{.underline}: 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:

**\[Note to Contracting Officer: fill in amounts for each type of
insurance listed below\]**

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 \$ \_\_\_\_\_\_\_\_\_\_\_\_

#  Cumulative \$\_\_\_\_\_\_\_\_\_\_\_\_

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

Per Occurrence \$ \_\_\_\_\_\_\_\_\_\_\_\_

#  Cumulative \$ \_\_\_\_\_\_\_\_\_\_\_\_\_

The foregoing types and amounts of insurance are the minimums required.
The Contractor shall obtain any other types of insurance required by
local law or that are ordinarily or customarily obtained in the location
of the work. The limit of such insurance shall be as provided by law or
sufficient to meet normal and customary claims.

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.

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.2.2 [Government as Additional Insured:]{.underline} The general
liability policy required of the Contractor shall name \"the United
States of America, acting by and through the Department of State\", as
an additional insured with respect to operations performed under this
contract.

H.2.3 [Insurance-Related Disputes:]{.underline} 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.2.4 [Time for Submission of Evidence of Insurance:]{.underline} 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

In addition to the definitions provided in Section I, FAR 52.202-1 and
DOSAR 652.202-70, the following definitions shall apply when used in
connection with this contract:

(a) [Contract Drawings]{.underline} or [Drawings]{.underline}, 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.

(b) [Day]{.underline} means a calendar day unless otherwise specifically
    indicated.

(c) [Host Country]{.underline} means the country in which the project is
    located

(d) [Material]{.underline} means all materials, fixtures and other
    articles incorporated in , or which are intended to remain with, the
    project.

(e) [Notice to Proceed]{.underline} 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.

(f) [Other Submittals]{.underline} 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.

(g) [Project Data]{.underline} 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) [Samples]{.underline} are physical examples that illustrate
    materials, equipment or workmanship and establish standards by which
    the work will be judged.

(i) [Schedule of Defects]{.underline} 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.

(j) [Separate Contractor]{.underline} 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.

(k) [Work]{.underline} means any and all permanent construction that 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]{.underline}

(a) [Ownership]{.underline}. All specifications, drawings, and copies
    thereof, and models, are the property of the Government.

(b) [Use and Return]{.underline}. 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.4.2 [Supplemental Documents:]{.underline} 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. Unless
prompt objection is made by the Contractor within 20 days, issuance of
the aforementioned documents shall not provide for any claim for an
increase in the Contract price or an extension of contract time.

H.4.3 [Record Documents:]{.underline} 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.4.4 [\"As-Built\" Documents:]{.underline} 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.5 GOVERNING LAW

The contract and its interpretation shall be governed by the laws of the
United States.

H.6 LANGUAGE PROFICIENCY

The manager assigned by the contractor to superintend the work on-site,
as required by Section I, 52.236-6, \"Superintendence by the
Contractor\", shall be fluent in written and spoken English.

H.7 LAWS AND REGULATIONS

H.7.1 [Compliance Required:]{.underline} 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, including those of the host country, and with
the lawful orders of any governmental authority having jurisdiction.
Host country authorities may not enter the construction site without the
permission of the Contracting Officer. 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:]{.underline} The
Contractor shall comply with all local 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:]{.underline} 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:]{.underline} The Contractor shall submit
at such times as directed by the Contracting Officer, proper
documentation and evidence satisfactory to the Contracting Officer of
compliance with this clause.

H.8 RESPONSIBILITY OF CONTRACTOR

H.8.1 [Damage to Persons or Property:]{.underline} 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:]{.underline} 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.9 CONSTRUCTION OPERATIONS

H.9.1 [Operations and Storage Areas]{.underline}

(a) [Confinement to Authorized Areas]{.underline}. The Contractor shall
    confine all operations (including storage of materials) on
    Government premises to areas authorized or approved by the
    Contracting Officer.

(b) [Vehicular Access]{.underline}. 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]{.underline}

(a) [Occupied Premises]{.underline}. 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.

(b) [Requests from occupants]{.underline}. 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.

(c) [Access limited]{.underline}. 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 with the permission of 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. With the written consent of the
Contracting Officer, the buildings and utilities may be abandoned and
need not be removed.

H.11 SAFETY

[652.236-70 ACCIDENT PREVENTION (APR 1999)]{.underline}

\(a\) 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---

(1) Provide appropriate safety barricades, signs and signal lights;

(2) Comply with the standards issued by any local government authority
    having jurisdiction over occupational health and safety issues;

(3) Ensure that any additional measures the Contracting Officer
    determines to be reasonably necessary for this purpose are taken.

(4) Since personnel shall be in trench, which should be approx. 1.5 M
    deep, it is necessary that the excavation, and adjacent areas, be
    inspected by a "competent person". A "competent person" is one who
    is familiar with this type of work, can identify trenching hazards,
    and has authority to stop work in the event hazardous conditions
    develop. He or she shall inspect it daily, after any rainy storm,
    other source of water entering trench, or other energy source (such
    as vibration, presence of utility lines) which might weaken the side
    walls of the trench or otherwise hazard the employees in the trench.
    If there is evidence that the excavation presents a hazard to
    workers, remove the workers immediately.

(5) When excavation is under 1.5 meters, and the "competent person"
    judges that there is no potential for cavein shoring may be removed.
    **\[Note to Contracting Officer: if soil consists of sand, then
    additional precautions and shoring is necessary and contact Post
    Occupational Safety & Health Officer (POSHO.)\]**

\(b\) 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.

\(c\) Subcontracts. The Contractor shall be responsible for its
subcontractors\' compliance with this clause.

\(d\) Written Program. Before commencing the work, the Contractor
shall---

(1) Submit a written proposal for implementing this clause; and

\(2\) Meet with the Contracting Officer to discuss and develop a mutual
understanding relative to administration of the overall safety program.

\(e\) 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]{.underline}: 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.12.2 [Approval of Subcontractors]{.underline}

(a) [Review and consent]{.underline}. The Government reserves the right
    to review proposed subcontractors for a period of five (5) calendar
    days before providing notice of consent or rejection of any or all
    subcontractors.

(b) [Rejection of subcontractors]{.underline}. 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:]{.underline} 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 [Construction Personnel Security:]{.underline} 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 checks. It
is anticipated that security checks will take **\[Note to Contracting
Officer: fill in number of days\]** days to perform. For each individual
the list shall include:

Full Name

Place and Date of Birth

Current Address

Identification number

**\[Note to Contracting Officer: add other info needed here\]**

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]{.underline}

(a) [Standard of quality]{.underline}. 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.

(b) [Selection by Contractor]{.underline}. 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.14.2 [Custody of Materials:]{.underline} 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.14.3 [Basis of Contract Price:]{.underline} 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.14.4 [Substitutions]{.underline}

(a) [Prior approval required]{.underline}. 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
    shall receive approval in writing from the Contracting Officer. Any
    substitution request shall 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 shall 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
    shall obtain the items originally specified with no adjustment in
    the contract price or completion date.

(b) [Approval through shop drawings]{.underline}. 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 shall be made in a timely manner
    and supported by the required information.

(c) [Final approval on delivery]{.underline}. 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.14.5 [\"Or-Equal Clause\":]{.underline} 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.14.6 [Use and Testing of Samples]{.underline}

(a) 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.

(b) 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.

(c) 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.

(d) 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:]{.underline} 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:]{.underline} 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 Basi[s for Equitable Adjustments:]{.underline} 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:]{.underline} 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 52.236-4, Differing Site Condition.

H.16.3 [Documentation of Proposals for Equitable
Adjustments]{.underline}

(a) [Itemization of proposals and requests]{.underline}. 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.

(b) [Proposed time adjustments]{.underline}. 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.

(c) [Release by Contractor]{.underline}. 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 NONCOMPLIANCE WITH CONTRACT REQUIREMENTS

In the event the Contractor, after receiving written notice from the
Contracting Officer of noncompliance with any requirement of this
contract, fails to initiate promptly such action as may be appropriate
to comply with the specified requirement within a reasonable period of
time, the Contracting Officer shall have the right to order the
Contractor to stop any or all work under the contract until the
Contractor has complied or has initiated such action as may be
appropriate to comply within a reasonable period of time. The Contractor
will not be entitled to any extension of contract time or payment for
any costs incurred as a result of being ordered to stop work for such a
cause. See FAR 52.252-14, Suspension of Work in Section I.

H.18 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.19 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.

**SECTION I - CONTRACT CLAUSES**

I.1 FAR 52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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:

http://acquisition.gov/far/index.html or,
http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition
Regulation (FAR) is not available at the locations indicated above, use
the Dept. of State Acquisition Website at
[http://www.statebuy.state.gov/](http://www.statebuy.gov/home.htm) to
see the links to the FAR. You may also use an Internet "search engine"
(e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of
the most current FAR.

The following Federal Acquisition Regulation clauses are incorporated by
reference:

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

[Clause]{.underline} [Title and Date]{.underline}

1.  DEFINITIONS (MAY 2001) ALTERNATE I (DEC2001)

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3.  GRATUITIES (APR 1984)

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5.  COVENANT AGAINST CONTINGENT FEES (APR 1984)

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

52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)

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

ACTIVITY (JAN 1997)

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

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS

(SEP 2005)

52.204-4 PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

52.204-9 PERSONAL VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2006)

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

(SEP 2006)

52.215-2 AUDIT AND RECORDS - NEGOTIATION (JUN 1999)

52.215-8 ORDER OF PRECEDENCE\--UNIFORM CONTRACT FORMAT

(OCT 1997)

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR PRICING DATA OR
INFORMATION OTHER THAN COST OR PRICING DATA-MODIFICATIONS (OCT 1997)

8.  UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 99) \*\*

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

52.222-19 CHILD LABOR -- COOPERATION WITH

####### AUTHORITIES AND REMEDIES (JAN 2006)

20. WALSH-HEALEY PUBLIC CONTRACTS ACT (DEC 1996)

21. PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) \*\*

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26. EQUAL OPPORTUNITY (FEB 1999)\*\*

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29. NOTIFICATION OF VISA DENIAL (FEB 1999)\*\*

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35. AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM

> ERA (APR 1998)\*\*

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES

(JUN 1998)\*\*

52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE
VIETNAM ERA (JAN 1999) \*\*

52.222-50 COMBATING TRAFFIKING IN PERSONS (APR 2006)

6.  DRUG FREE WORKPLACE (JAN 97) \*\*

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2006)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF
CONTRACT

(FEB 2000)

\[Note to Contracting Officer -- See instructions on DBA to determine
whether to include 52.228-3\]

52.228-3 WORKERS' COMPENSATION INSURANCE (DBA)(APR 1984)\* \*\*

52.228-4 WORKERS' COMPENSATION AND WAR-HAZARD INSURANCE OVERSEAS (APR
1984)\*

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION

(JAN 1997)\*

52.228-11 PLEDGES OF ASSETS (FEB 1992)\*

52.228-13 ALTERNATIVE PAYMENT PROTECTION (JUL 2000)\*

14. IRREVOCABLE LETTER OF CREDIT (DEC 1999)\*

52.229-6 TAXES - FOREIGN FIXED-PRICE CONTRACTS (JUN2003)

52.232-1 PAYMENTS (MAY 2001)

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

52.232-11 EXTRAS (APR 1984) \*\*\*

52.232-17 INTEREST (JUN 1996)

18. AVAILABILITY OF FUNDS (APR 1984)

19. 52.232-24 PROHIBITION OF ASSIGNMENT OF CLAIMS (JAN 1986)

52.232-25 PROMPT PAYMENT (FEB 2002) (B)(2). . .30TH DAY

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS

(SEP 2005)\*

52.232.34 PAYMENT BY ELECTRONIC FUNDS TRANSFER -- OTHER THAN CENTRAL
CONTRACTOR REGISTRATION (MAY 1999)

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

3.  PROTEST AFTER AWARD (AUG 1996)

4.  APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

(OCT 2004)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)\*

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR
1984)\*

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)\*

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)\*

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)\*

52.236-8 OTHER CONTRACTS (APR 1984)\*

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)\*

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)\*

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)\*

52.236-12 CLEANING UP (APR 1984)\*

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

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

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(FEB 1997)\*

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242-13 BANKRUPTCY (JUL 1995)

52.243-1 CHANGES -- FIXED PRICE (AUG 1987)\*\*\*

52.243-4 CHANGES (AUG 1987)\*

52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)\*

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (SEP 2006)

52.245-4 GOVERNMENT-FURNISHED PROPERTY (SHORT FORM)

(JUN 2003)

52.246-19 WARRANTY OF SYSTEM AND EQUIPMENT UNDER PERFORMANCE
SPECIFICATIONS OR DESIGN CRITERIA

(DEC 1989)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)\*

23. LIMITATION OF LIABILITY (FEB 1997)\*\*\*

52.246-25 LIMITATION OF LIABILITY -- SERVICES (FEB 1997)\*

52.247-63 PREFERENCE FOR U.S.- FLAG CARRIERS (JUN2003)

52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S. - FLAG COMMERCIAL VESSELS

(APR 2003)

52.248-1 VALUE ENGINEERING (FEB 2000)

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

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

52.249-8 DEFAULT (FIXED PRICE SUPPLY AND SERVICE) (APR 1984)

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

652.237-71 IDENTIFICATION/BUILDING PASS (APR 2004)

\*only applicable if installation option is exercised

**\[\*\* Note to Contracting Officer: only applicable to US firms so can
be deleted if soliciting solely for local installation\]**

**\[\*\*\* Note to Contracting Officer: only applicable for supplies, so
delete if soliciting solely for installation\]**

I.2 FAR FULL TEXT CLAUSES

1.  [QUALIFICATION REQUIREMENTS (FEB 1995)]{.underline}

\(a\) Definition. \"Qualification requirement,\" as used in this clause,
means a Government requirement for testing or other quality assurance
demonstration that shall be completed before award.

\(b\) One or more qualification requirements apply to the supplies or
services covered by this contract. For those supplies or services
requiring qualification, whether the covered product or service is an
end item under this contract or simply a component of an end item, the
product, manufacturer, or source shall have demonstrated that it meets
the standards prescribed for qualification before award of this
contract. The product, manufacturer, or source must be qualified at the
time of award whether or not the name of the product, manufacturer, or
source is actually included on a qualified products list, qualified
manufacturers list, or qualified bidders list. Offerors should contact
the agency activity designated below to obtain all requirements that
they or their products or services, or their subcontractors or their
products or services, must satisfy to become qualified and to arrange
for an opportunity to demonstrate their abilities to meet the standards
specified for qualification.

> (Name)
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> (Address)
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(c\) If an offeror, manufacturer, source, product or service covered by
a qualification requirement has already met the standards specified, the
relevant information noted below should be provided.

> Offeror\'s Name
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Manufacturer\'s Name
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Source\'s Name
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Item Name
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Service Identification
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Test Number
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (to the
> extent known)

\(d\) Even though a product or service subject to a qualification
requirement is not itself an end item under this contract, the product,
manufacturer, or source must nevertheless be qualified at the time of
award of this contract. This is necessary whether the Contractor or a
subcontractor will ultimately provide the product or service in
question. If, after award, the Contracting Officer discovers that an
applicable qualification requirement was not in fact met at the time of
award, the Contracting Officer may either terminate this contract for
default or allow performance to continue if adequate consideration is
offered and the action is determined to be otherwise in the
Government\'s best interests.

\(e\) If an offeror, manufacturer, source, product or service has met
the qualification requirement but is not yet on a qualified products
list, qualified manufacturers list, or qualified bidders list, the
offeror must submit evidence of qualification prior to award of this
contract. Unless determined to be in the Government\'s interest, award
of this contract shall not be delayed to permit an offeror to submit
evidence of qualification.

\(f\) Any change in location or ownership of the plant where a
previously qualified product or service was manufactured or performed
requires reevaluation of the qualification. Similarly, any change in
location or ownership of a previously qualified manufacturer or source
requires reevaluation of the qualification. The reevaluation must be
accomplished before the date of award.

7.  [OPTION FOR INCREASED QUANTITY -- SEPARATELY PRICED LINE ITEM (MAR
    1989)]{.underline}

The Government may require performance of the contract line item,
identified in the Schedule (Section B) as an option item, at the price
stated in the Schedule. If the option is to be exercised, the
Contracting Officer will exercise the option item at time of contract
award.

52.222-39 [NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION
DUES OR FEES (DEC 2004) (only if over \$100,000)]{.underline}

\(a\) *Definition*. As used in this clause---

*United States* means the 50 States, the District of Columbia, Puerto
Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.
Virgin Islands, and Wake Island.

\(b\) Except as provided in paragraph (e) of this clause, during the
term of this contract, the Contractor shall post a notice, in the form
of a poster, informing employees of their rights concerning union
membership and payment of union dues and fees, in conspicuous

places in and about all its plants and offices, including all places
where notices to employees are customarily posted. The notice shall
include the following information (except that the information
pertaining to National Labor Relations Board shall not be

included in notices posted in the plants or offices of carriers subject
to the Railway Labor Act, as amended (45 U.S.C. 151-- 188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or
maintain membership in a union in order to retain their jobs. Under
certain conditions, the law permits a union and an employer to enter
into a union-security agreement requiring employees to pay uniform
periodic dues and initiation fees. However, employees who are not union
members can object to the use of

their payments for certain purposes and can only be required to pay
their share of union costs relating to collective bargaining, contract
administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support
activities not related to collective bargaining, contract
administration, or grievance adjustment, you are entitled to an
appropriate reduction in your payment. If you believe that you have been
required to pay dues or fees used in part to support activities not
related to collective bargaining, contract administration, or grievance
adjustment, you may be entitled to a refund and to an appropriate
reduction in

future payments.

For further information concerning your rights, you may wish to contact
the National Labor Relations Board (NLRB) either at one of its Regional
offices or at the following

address or toll free number:

National Labor Relations Board

Division of Information

1099 14th Street, N.W.

Washington, DC 20570

1-- 866-- 667-- 6572

1-- 866-- 316-- 6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at
*http://www.nlrb.gov*.

\(c\) The Contractor shall comply with all provisions of Executive Order
13201 of February 17, 2001, and related implementing regulations at 29
CFR part 470, and orders of the Secretary of Labor.

\(d\) In the event that the Contractor does not comply with any of the
requirements set forth in paragraphs (b), (c), or (g), the Secretary may
direct that this contract be cancelled, terminated, or suspended in
whole or in part, and declare the Contractor ineligible for further
Government contracts in accordance with procedures at 29 CFR

part 470, Subpart B--- Compliance Evaluations, Complaint Investigations
and Enforcement Procedures. Such other sanctions or remedies may be
imposed as are provided by 29 CFR part 470, which implements Executive
Order 13201, or as are otherwise provided by law.

\(e\) The requirement to post the employee notice in paragraph (b) does
not apply to---

\(1\) Contractors and subcontractors that employ fewer than 15 persons;

\(2\) Contractor establishments or construction work sites where no
union has been formally recognized by the Contractor or certified as the
exclusive bargaining representative of the Contractor's employees;

\(3\) Contractor establishments or construction work sites located in a
jurisdiction named in the definition of the United States in which the
law of that jurisdiction forbids enforcement of union-security
agreements;

\(4\) Contractor facilities where upon the written request of the
Contractor, the Department of Labor Deputy Assistant Secretary for
Labor-Management Programs has waived the posting requirements with
respect to any of the Contractor's facilities if the Deputy

Assistant Secretary finds that the Contractor has demonstrated that---

\(i\) The facility is in all respects separate and distinct from
activities of the Contractor related to the performance of a contract;
and

\(ii\) Such a waiver will not interfere with or impede the effectuation
of the Executive order; or

\(5\) Work outside the United States that does not involve the
recruitment or employment of workers within the United States.

\(f\) The Department of Labor publishes the official employee notice in
two variations; one for contractors covered by the Railway Labor Act and
a second for all other contractors. The Contractor shall---

\(1\) Obtain the required employee notice poster from the Division of
Interpretations and Standards, Office of Labor-Management Standards,
U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-- 5605,
Washington, DC 20210, or from any

field office of the Department's Office of Labor-Management Standards or
Office

of Federal Contract Compliance Programs;

\(2\) Download a copy of the poster from the Office of Labor-Management
Standards website at *http://www.olms.dol.gov*; or

\(3\) Reproduce and use exact duplicate copies of the Department of
Labor's official poster.

\(g\) The Contractor shall include the substance of this clause in every
subcontract or purchase order that exceeds the simplified acquisition
threshold, entered into in connection with this contract, unless
exempted by the Department of Labor Deputy

Assistant Secretary for Labor--Management Programs on account of special
circumstances in the national interest under authority of 29 CFR
470.3(c). For indefinite quantity subcontracts, the Contractor shall
include the substance of this clause if

the value of orders in any calendar year of the subcontract is expected
to exceed

the simplified acquisition threshold. Pursuant to 29 CFR part 470,
Subpart B--- Compliance Evaluations, Complaint Investigations and
Enforcement Procedures, the Secretary of Labor may direct the Contractor
to take such action in the enforcement of these regulations, including
the imposition of sanctions for noncompliance with respect to any such
subcontract or purchase order. If the Contractor becomes involved in
litigation with a subcontractor or vendor, or is threatened with such
involvement, as a result of such

direction, the Contractor may request the United States, through the
Secretary of Labor, to enter into such litigation to protect the
interests of the United States.

[52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION (NOV
2006)]{.underline} \*only applicable if the installation option is
exercised

\(a\) As used in this clause-Contract-

"Original contract price" means the award price of the contract; or, for
requirements contracts, the price payable for the estimated quantity;
or, for indefinite-delivery type contracts, the price payable for the
specified minimum quantity. Original contract price does not include the
price of any options, except those options exercised at the time of
contract award.

\(b\) Amount of required bonds. Unless the resulting contract price is
\$100,000 or less, the successful offeror shall be required to furnish
performance and payment bonds to the Contracting Officer as follows:

> \(l\) Performance Bonds (Standard Form 25). The penal amount of
> performance bonds at the time of contract award shall be 20 percent of
> the original contract price.
>
> \(2\) Payment Bonds (Standard Form 25A) The penal amount of payment
> bonds shall be 20 percent of the original contract price.
>
> \(3\) Additional bond protection. (i) The Government may require
> additional performance and payment bond protection if the contract
> price is increased. The increase in protection generally will equal
> 20% of the increased in contract price.
>
> \(ii\) The Government may secure the additional protection by
> directing the Contractor to increase the penal amount of the existing
> bond or to obtain an additional bond.

\(c\) Furnishing executed bonds. The Contractor shall furnish all
executed bonds, including any necessary reinsurance agreements, to the
Contracting Officer, within the time period specified in the Bid
Guarantee provision of the solicitation, or otherwise specified by the
Contracting Officer, in any event, before starting work.

\(d\) *Surety or other security for bonds*. The bonds shall be in the
form of firm commitment, supported by corporate sureties whose names
appear on the list contained in Treasury Department Circular 570,
individual sureties, or by other acceptable security such as postal
money order, certified check, cashier\'s check, irrevocable letter of
credit, or bonds or notes of the United States. Treasury Circular 570 is
published in the Federal Register or Department of Treasury, Financial
Management Service, Surety Bond Branch, 3700 East West Highway, Room
6F01, Hyattsville, MD 20782. Or via the internet at
http:://www.fms.treas.gov/c570/.

\(e\) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c).
Any waiver of the right to sue on the payment bond is void unless it is
in writing, signed by the person whose right is waived, and executed
after such person has furnished labor or material for use in the
performance of the contract.

I.3 DOSAR FULL TEXT CLAUSES

[652.225-71 SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS
AMENDED (AUG 1999)]{.underline}

\(a\) Section 8(a) of the U.S. Export Administration Act of 1979, as
amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with
any boycott fostered by a foreign country against a country which is
friendly to the United States and which is not itself the object of any
form of boycott pursuant to United States law or regulation. The Boycott
of Israel by Arab League countries is such a boycott, and therefore, the
following actions, if taken with intent to comply with, further, or
support the Arab League Boycott of Israel, are prohibited activities
under the Export Administration Act:

> \(1\) Refusing, or requiring any U.S. person to refuse to do business
> with or in Israel, with any Israeli business concern, or with any
> national or resident of Israel, or with any other person, pursuant to
> an agreement of, or a request from or on behalf of a boycotting
> country;
>
> \(2\) Refusing, or requiring any U.S. person to refuse to employ or
> otherwise discriminating against any person on the basis of race,
> religion, sex, or national origin of that person or of any owner,
> officer, director, or employee of such person;
>
> \(3\) Furnishing information with respect to the race, religion, or
> national origin of any U.S. person or of any owner, officer, director,
> or employee of such U.S. person;
>
> \(4\) Furnishing information about whether any person has, has had, or
> proposes to have any business relationship (including a relationship
> by way of sale, purchase, legal or commercial representation, shipping
> or other transport, insurance, investment, or supply) with or in the
> State of Israel, with any business concern organized under the laws of
> the State of Israel, with any Israeli national or resident, or with
> any person which is known or believed to be restricted from having any
> business relationship with or in Israel;
>
> \(5\) Furnishing information about whether any person is a member of,
> has made contributions to, or is otherwise associated with or involved
> in the activities of any charitable or fraternal organization which
> supports the State of Israel; and,
>
> \(6\) Paying, honoring, confirming, or otherwise implementing a letter
> of credit which contains any condition or requirement against doing
> business with the State of Israel.

\(b\) Under Section 8(a), the following types of activities are not
forbidden \`\`compliance with the boycott,\'\' and are therefore
exempted from Section 8(a)\'s prohibitions listed in paragraphs

(a)(1)-(6) above:

> \(1\) Complying or agreeing to comply with requirements:
>
> \(i\) Prohibiting the import of goods or services from Israel or goods
> produced or services provided by any business concern organized under
> the laws of Israel or by nationals or residents of Israel; or,
>
> \(ii\) Prohibiting the shipment of goods to Israel on a carrier of
> Israel, or by a route other than that prescribed by the boycotting
> country or the recipient of the shipment;
>
> \(2\) Complying or agreeing to comply with import and shipping
> document requirements with respect to the country of origin, the name
> of the carrier and route of shipment, the name of the supplier of the
> shipment or the name of the provider of other services, except that no
> information knowingly furnished or conveyed in response to such
> requirements may be stated in negative, blacklisting, or similar
> exclusionary terms, other than with respect to carriers or route of
> shipments as may be permitted by such regulations in order to comply
> with precautionary requirements protecting against war risks and
> confiscation;
>
> \(3\) Complying or agreeing to comply in the normal course of business
> with the unilateral and specific selection by a boycotting country, or
> national or resident thereof, of carriers, insurance, suppliers of
> services to be performed within the boycotting country or specific
> goods which, in the normal course of business, are identifiable by
> source when imported into the boycotting country;
>
> \(4\) Complying or agreeing to comply with the export requirements of
> the boycotting country relating to shipments or transshipments of
> exports to Israel, to any business concern of or organized under the
> laws of Israel, or to any national or resident of Israel;
>
> \(5\) Compliance by an individual or agreement by an individual to
> comply with the immigration or passport requirements of any country
> with respect to such individual or any member of such individual\'s
> family or with requests for information regarding requirements of
> employment of such individual within the boycotting country; and,
>
> \(6\) Compliance by a U.S. person resident in a foreign country or
> agreement by such person to comply with the laws of that country with
> respect to his or her activities exclusively therein, and such
> regulations may contain exceptions for such resident complying with
> the laws or regulations of that foreign country governing imports into
> such country of trademarked, trade named, or similarly specifically
> identifiable products, or components of products for his or her own
> use, including the performance of contractual services within that
> country, as may be defined by such regulations.

\[Note to Contracting Officer: Include the following clause if:

(a) installation will be part of the contract, and

(b) any Americans will be working under this contract, or

(c) any other labor will be working under this contract not covered by
    host country comp laws:

***[652.228-71 WORKERS' COMPENSATION INSURANCE (DEFENSE BASE
ACT)\--SERVICES (JUN 2006)\]]{.underline}***

[652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG
1999)]{.underline}

Regulations at 22 CFR Part 136 require that U.S. Government employees
and their families do not profit personally from sales or other
transactions with persons who are not themselves entitled to exemption
from import restrictions, duties, or taxes. Should the contractor
experience importation or tax privileges in a foreign country because of
its contractual relationship to the United States Government, the
contractor shall observe the requirements of 22 CFR Part 136 and all
policies, rules, and procedures issued by the chief of mission in that
foreign country.

[652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)]{.underline}

\(a\) The contractor warrants the following:

> \(1\) That is has obtained authorization to operate and do business in
> the country or countries in which this contract will be performed;
>
> \(2\) That is has obtained all necessary licenses and permits required
> to perform this contract; and,
>
> \(3\) That it shall comply fully with all laws, decrees, labor
> standards, and regulations of said country or countries during the
> performance of this contract.

\(b\) If the party actually performing the work will be a subcontractor
or joint venture partner, then such subcontractor or joint venture
partner agrees to the requirements of paragraph (a) of

this clause.

[652.243-70 NOTICES (AUG 1999)]{.underline}

Any notice or request relating to this contract given by either party to
the other shall be in writing. Said notice or request shall be mailed or
delivered by hand to the other party at the address provided in the
schedule of the contract. All modifications to the contract must be made
in writing by the contracting officer.

**PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS**

**SECTION J - LIST OF ATTACHMENTS**

[ATTACHMENT NO.]{.underline} [DESCRIPTION OF ATTACHMENT]{.underline}
[NO.PAGES]{.underline}

Attachment 1 Standard Form 25, \"Performance and Guaranty Bond" 2

Attachment 2 Standard Form 25A, \"Payment Bond\" 1

Attachment 3 Sample Bank Letter of Guaranty 1

# Attachment 4 Breakdown of Proposal Price by Divisions 1

of Specifications (for installation option only)

Attachment 5 Drawings **\[Note to Contracting Officer: Attach drawings
showing location and placement of barriers as approved by
A/FBO/PE/CSM\]**

# Attachment 6 Qualified Manufacturing List for Active Barriers

Internet: <http://www.statebuy.gov/compadcertbarriers.htm>

**\[Note to Contracting Officer: Attach hard copy if internet access is
not available to offerors\]**

**\[Note to Contracting Officer: Attachments #1 and #2 are Standard
Forms found in the FAR. You can either download them off the internet,
or copy them from Part 53 of the FAR.\]**

ATTACHMENT #3

***SAMPLE LETTER OF BANK GUARANTY***

Place \[ \]

Date \[ \]

Contracting Officer

U.S. Embassy, \[Post name\]

\[Mailing Address\]

Letter of Guaranty No. \_\_\_\_\_\_\_

SUBJECT: Performance and Guaranty

The Undersigned, acting as the duly authorized representative of the
bank, declares that the bank hereby guarantees to make payment to the
Contracting Officer by check made payable to the Treasurer of the United
States, immediately upon notice, after receipt of a simple written
request from the Contracting Officer, immediately and entirely without
any need for the Contracting Officer to protest or take any legal action
or obtain the prior consent of the Contractor to show any other proof,
action, or decision by an other authority, up to the sum of \[Amount
equal to 20% of the contract price in U.S. dollars during the period
ending with the date of final acceptance and 10% of the contract price
during contract guaranty period\], which represents the deposit required
of the contractor to guarantee fulfillment of his obligations for the
satisfactory, complete, and timely performance of the said contract
\[contract number\] for \[description of work\] at \[location of work\]
in strict compliance with the terms, conditions and specifications of
said contract, entered into between the Government and \[name of
contractor\] of \[address of contractor\] on \[contract date\], plus
legal charges of 10% per annum on the amount called due, calculated on
the sixth day following receipt of the Contracting Officer's written
request until the date of payment.

The undersigned agrees and consents that said contract may be modified
by Change Order or Supplemental Agreement affecting the validity of the
guaranty provided, however, that the amount of this guaranty shall
remain unchanged.

The undersigned agrees and consents that the Contracting Officer may
make repeated partial demands on the guaranty up to the total amount of
this guaranty, and the bank will promptly honor each individual demand.

This letter of guaranty shall remain in effect until 3 months after
completion of the guaranty period of Contract requirement.

-------------------------------------------------------------------------------------------------

Depository Institution: \[Name\]

Address: Location: \_\_\_\_\_\_\_\_\_\_\_\_\_\_

Representative(s): \_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_ State
of Inc.: \_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_ Corporate Seal:

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

-------------------------------------------------------------------------------------------------

Certificate of Authority is attached evidencing authority of the signer
to bind the bank to this document.

This Attachment applies only to the installation option.

### ATTACHMENT #4 

**UNITED STATES DEPARTMENT OF STATE**

**BREAKDOWN OF PRICE BY DIVISIONS OF SPECIFICATIONS**

***(1)DIVISION/DESCRIPTION (2)LABOR (3)MATERIALS (4)OVERHEAD (5)PROFIT
(6)TOTAL***

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\. Finishes

10\. Specialties

11\. Equipment

12 Furnishings

13\. Special Construction

14\. Conveying Systems

15\. Mechanical

16\. Electrical

TOTAL: ***\[Contracting Officer must identify currency\]***

Allowance Items:

**PROPOSAL PRICE TOTAL:** ***\[Contracting Officer must identify
currency\]***

Alternates (list separately do not total)

***Offeror: Date***

**PRICE BREAKDOWN BY DIVISION OF SPECIFICATION ITEMS**

**PART IV - REPRESENTATIONS AND INSTRUCTIONS**

**SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER**

**STATEMENTS OF OFFERORS OR QUOTERS**

K.1 [52.203‑02 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR
1985)]{.underline}

\(a\) The offeror certifies that:

\(1\) The prices in this offer have been arrived at independently,
without, for the purpose of restricting competition, any consultation,
communication, or agreement with any other offeror or competitor
relating to ‑ (i) Those prices; (ii) The intention to submit an offer;
or (iii) The methods or factors used to calculate the prices offered;

\(2\) The prices in this offer have not been and will not be knowingly
disclosed by the offeror, directly or indirectly, to any other offeror
or competitor before bid opening (in the case of a sealed bid
solicitation) or contract award (in the case of a negotiated
solicitation) unless otherwise required by law; and

\(3\) No attempt has been made or will be made by the offeror to induce
any other concern to submit or not to submit an offer for the purpose of
restricting competition.

\(b\) Each signature on the offer is considered to be a certification by
the signatory that the signatory ‑

> (1)Is the person in the offeror\'s organization responsible for
> determining the prices being offered in this bid or proposal, and that
> the signatory has not participated and will not participate in any
> action contrary to subparagraph (a)(1) through (a)(3) above; or
>
> \(2\) (i) Has been authorized, in writing, to act as agent for the
> following principals in certifying that those principals have not
> participated, and will not participate in any action contrary to
> subparagraphs (a)(1) through (a)(3) above ***\[insert full name of
> person(s) in the offeror\'s organization responsible for determining
> the prices offered in this bid or proposal, and the title of his or
> her position in the offeror\'s organization\]***; and
>
> \(ii\) As an authorized agent, does certify that the principals named
> in subdivision (b)(2)(i) above have not participated, and will not
> participate, in any action contrary to subparagraphs (a)(1) through
> (a)(3) above; and
>
> \(iii\) As an agent, has not personally participated, and will not
> participate, in any action contrary to subparagraphs (a)(1) through
> (a)(3) above.

\(c\) If the offeror deletes or modifies subparagraph (a)(2) above, the
offeror must furnish with its offer a signed statement setting forth in
detail the circumstances of the disclosure.

K.2 [52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO
INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2005)]{.underline}

\(a\) The definitions and prohibitions contained in the clause, at FAR
52.203-12, Limitation on Payments to Influence Certain Federal
Transactions, included in this solicitation are hereby incorporated by
reference in paragraph (b) of this certification

.

\(b\) The offeror, by signing its offer, hereby certifies to the best of
his or her knowledge and belief that on or after December 23, 1989, -

> \(1\) No Federal appropriated funds have been paid or will be paid to
> any person for influencing or attempting to influence an officer or
> employee of any agency, a Member of Congress, an officer or employee
> of Congress, or an employee of a Member of Congress on his or her
> behalf in connection with the awarding of this contract, (2) If any
> funds other than Federal appropriated funds (including profit or fee
> received under a covered Federal transaction) have been paid, or will
> be paid, to any person for influencing or attempting to influence an
> officer or employee of any agency, a Member of Congress, an officer or
> employee of Congress, or an employee of a Member of Congress on his or
> her behalf in connection with this solicitation, the offeror shall
> complete and submit, with its offer, OMB standard form LLL, Disclosure
> of Lobbying Activities, to the Contracting Officer; and
>
> \(3\) He or she will include the language of this certification in all
> subcontract awards at any tier and require that all recipients of
> subcontract awards in excess of \$100,000 shall certify and disclose
> accordingly.

\(c\) Submission of this certification and disclosure is a prerequisite
for making or entering into this contract imposed by section 1352, title
31, United States Code. Any person who makes an expenditure prohibited
under this provision or who fails to file or amend the disclosure form
to be filed or amended by this provision, shall be subject to a civil
penalty of not less than \$10,000, and not more than \$100,000, for each
such failure.

(End of provision)

K.3 [52.204-3 TAXPAYER IDENTIFICATION (OCT 98)]{.underline}

\(a\) 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 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 in order to comply with debt
collection requirements of 31 U.S.C. 7701(c) and 3325 (d), reporting
requirements of 26 USC 6041, 6041A, and 6050M and implementing
regulations issued by the Internal Revenue Service (IRS). If the
resulting contract is subject to the reporting requirements described in
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 (3l USC 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 U.S. and does not have an office
or place of business or a fiscal paying agent in the U.S.;

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

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

\(e\) Type of Organization.

\_\_ Sole Proprietorship;

\_\_ Partnership:

\_\_ Corporate Entity (not tax exempt);

\_\_ Corporate Entity (tax emempt);

\_\_ 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 clause.

\_\_\_ Name and TIN of common parent;

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

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

***Note to Contracting Officer: If you include FAR 52.204-7 is included
in the solicitation, delete 52.204-6.***

K.4 [52.204-6 CONTRACTOR IDENTIFICATION NUMBER -DATA UNIVERSAL NUMBERING
SYSTEM (DUNS) NUMBER (OCT 2003)]{.underline}

\(a\) The offeror shall enter, in the block with its name and address on
the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed
by the DUNS number or DUNS+4 that identifies the offeror's name and
address exactly as stated in the offer. The DUNS number if a nine-digit
number assigned by Dun and Bradstreet Information Services. The DUNS+4
is the DUNS number plus a 4-character suffix that may be assigned at the
discretion of the offeror to establish additional CCR records for
identifying alternative Electronic Funds Transfer (EFT) accounts (see
Subpart 32.11) for the same parent company.

If the offeror does not have a DUNS number, it should contact Dun and
Bradstreet directly to obtain one.

An offeror may obtain a DUNS number-

If located within the United States, by calling Dun and Bradstreet at
1-866-705-5711 or via the Internet at
[http://www.dnb.com](http://www.dnb.com/); or

If located outside the United States, by contacting the local Dun and
Bradstreet office.

\(2\) The offeror should be prepared to provide the following
information:

Company legal business name.

Tradestyle, doing business, or other name by which your entity is
commonly recognized.

Company physical street address, city, state and Zip Code.

Company mailing address, city, state and Zip Code (if separate from
physical)

Company telephone number

Date the company was started.

Number of employees at your location.

Chief executive officer/key manager.

Line of business (industry)

Company Headquarters name and address (reporting relationship within
your entity).

### K.5 **[52.204-8 ANNUAL REPRESENTAIONS AND CERTIFICATIONS. (Jan 2006)]{.underline}**

(a)(1) The North American Industry Classification System (NAICS) code
for this acquisition is 23332.

\(2\) The small business size standard is 17 million.

\(3\) 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)(1) If the clause at 52.204-7, Central Contractor Registration, is
included in this solicitation, paragraph (c) of this provision applies.

\(2\) If the clause at 52.204-7 is not included in this solicitation,
and the offeror is currently registered in CCR, and has completed the
ORCA electronically, the offeror may choose to use paragraph (c) of this
provision instead of completing the corresponding individual
representations and certifications in the solicitation. The offeror
shall indicate which option applies by checking one of the following
boxes:

\[  \] (i) Paragraph (c) applies.

\[  \] (ii) Paragraph (c) does not apply and the offeror has completed
the individual representations and certifications in the solicitation.

\(c\) The offeror has completed the annual representations and
certifications electronically via the Online Representations and
Certifications Application (ORCA) website at
[[http://orca.bpn.gov]{.underline}](http://orca.bpn.gov/). After
reviewing the ORCA database information, the offeror verifies by
submission of the offer that the representations and certifications
currently posted electronically have been entered or updated within the
last 12 months, are current, accurate, complete, and applicable to this
solicitation (including the business size standard applicable to the
NAICS code referenced for this solicitation), as of the date of this
offer and are incorporated in this offer by reference (see FAR 4.1201);
except for the changes identified below \[*offeror to insert changes,
identifying change by clause number, title, date*\]. These amended
representation(s) and/or certification(s) are also incorporated in this
offer and are current, accurate, and complete as of the date of this
offer.

  -----------------------------------------------------------------------------------------------
  FAR Clause #            Title            Date      Change

        \_\_\_\_\_\_\_\_\_\_\_\_        \_\_\_\_\_\_\_\_\_       \_\_\_\_\_      \_\_\_\_\_\_\_
  -----------------------------------------------------------------------------------------------

Any changes provided by the offeror are applicable to this solicitation
only, and do not result in an update to the representations and
certifications posted on ORCA.

(End of provision)

K.6 **[52.209‑5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED
DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001)]{.underline}**

\(a\) (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 indicated 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 purpose 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 non-responsible.

\(d\) 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 provisions. 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 Office may terminate the contract resulting
from this solicitation for default.

K.7 [52.225-18  ]{.underline}[Place of Manufacture (Sept
2006)]{.underline}

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

" Manufactured end product" means any end product in Federal Supply
Classes (FSC) 1000-9999, except---

\(1\) FSC 5510, Lumber and Related Basic Wood Materials;

\(2\) Federal Supply Group (FSG) 87, Agricultural Supplies;

\(3\) FSG 88, Live Animals;

\(4\) FSG 89, Food and Related Consumables;

\(5\) FSC 9410, Crude Grades of Plant Materials;

\(6\) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

\(7\) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

\(8\) FSC 9610, Ores;

\(9\) FSC 9620, Minerals, Natural and Synthetic; and

\(10\) FSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled
out of components, or otherwise made or processed from raw materials
into the finished product that is to be provided to the Government. If a
product is disassembled and reassembled, the place of reassembly is not
the place of manufacture.

\(b\) For statistical purposes only, the offeror shall indicate whether
the place of manufacture of the end products it expects to provide in
response to this solicitation is predominantly---

\(1\) o  In the United States (Check this box if the total anticipated
price of offered end products manufactured in the United States exceeds
the total anticipated price of offered end products manufactured outside
the United States); or

\(2\) o Outside the United States.

K.8 AUTHORIZED CONTRACT ADMINISTRATOR

If the offeror does not fill‑in the blanks below, the official who
signed the offer will be deemed to be the offeror\'s representative for
Contract Administration, which includes all matters pertaining to
payments.

Name:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

Telephone Number:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

K.9 [652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)]{.underline}

\(a\) Definitions. As used in this provision:

Foreign person means any person other than a United States person as
defined below.

United States person means any United States resident or national (other
than an individual resident outside the United States and employed by
other than a United States person), any domestic concern (including any
permanent domestic establishment of any foreign concern), and any
foreign subsidiary or affiliate (including any permanent foreign
establishment) of any domestic concern which is controlled in fact by
such domestic concern, as provided under the Export Administration Act
of 1979, as amended.

\(b\) Certification. By submitting this offer, the offeror certifies
that it is not:

> \(1\) Taking or knowingly agreeing to take any action, with respect to
> the boycott of Israel by Arab League countries, which Section 8(a) of
> the Export Administration Act of 1979, as amended (50 U.S.C. 2407(a))
> prohibits a United States person from taking; or,
>
> \(2\) Discriminating in the award of subcontracts on the basis of
> religion.

K.10 RESERVED

K.11 [52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB
1999)]{.underline}

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, the clause originally contained in Section 310 of
Executive Order No. 10925, or the clause contained in Section 201 of
Executive Order No. 11114;

\(b\) 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.

K.12 [52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)]{.underline}

The offeror represents that\--

\(a\) It \* has developed and has on file, \* has not developed and does
not have on file, at each

establishment, affirmative action programs required by the rules and
regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

\(b\) It \* has not previously had contracts subject to the written
affirmative action programs

requirement of the rules and regulations of the Secretary of Labor.

***\[Note to Contracting Officer: see instructions on whether to include
the following DOSAR provision\]***

K.13 [DEFENSE BASE INSURANCE -- COVERED CONTRACTOR
EMPLOYEES]{.underline}

\(a\) Bidders/Offerors shall indicate below whether or not any of the
following categories of employees will be employed on the resultant
contract, and, if so, the number of such employees:

+---------------------------------------------+--------+--------------+
| **Category**                                | **Ye   | **Number**   |
|                                             | s/No** |              |
+---------------------------------------------+--------+--------------+
| \(1\) United States citizens or residents   |        |              |
+---------------------------------------------+--------+--------------+
| \(2\) Individuals hired in the United       |        |              |
| States, regardless of citizenship           |        |              |
+---------------------------------------------+--------+--------------+
| \(3\) Local nationals or third country      |        | Local        |
| nationals where contract performance takes  |        | nationals:   |
| place in a country [where there are         |        |              |
| no]{.underline} local workers' compensation |        | \_\_         |
| laws                                        |        | \_\_\_\_\_\_ |
|                                             |        | \_\_\_\_\_\_ |
|                                             |        |              |
|                                             |        | Third        |
|                                             |        | Country      |
|                                             |        | Nationals:   |
|                                             |        | \_           |
|                                             |        | \_\_\_\_\_\_ |
|                                             |        | \_\_\_\_\_\_ |
+---------------------------------------------+--------+--------------+
| \(4\) Local nationals or third country      |        | Local        |
| nationals where contract performance takes  |        | nationals:   |
| place in a country where there              |        |              |
| [are]{.underline} local workers'            |        | \_\_         |
| compensation laws                           |        | \_\_\_\_\_\_ |
|                                             |        | \_\_\_\_\_\_ |
|                                             |        |              |
|                                             |        | Third        |
|                                             |        | Country      |
|                                             |        | Nationals:   |
|                                             |        | \_           |
|                                             |        | \_\_\_\_\_\_ |
|                                             |        | \_\_\_\_\_\_ |
+---------------------------------------------+--------+--------------+

\(b\) If the bidder/offeror has indicated "yes" in block (a)(4) of this
provision, the bidder/offeror shall submit, as part of its offer, a
statement that indicates that such local nationals and/or third country
nationals will be provided workers' compensation coverage against the
risk of work injury or death under a local workers' compensation law.
For those employees, the bidder/offeror shall also assume liability
toward the employees and their beneficiaries for war-hazard injury,
death, capture, or detention, in accordance with the clause at FAR
52.228-4.

\(c\) If the bidder/offeror has indicated "yes" in blocks (a)(1), (2),
or (3) of this provision, the bidder/offeror shall compute Defense Base
Act insurance costs covering those employees pursuant to the terms of
the contract between the Department of State and the Department's
Defense Base Act insurance carrier at the rates specified in DOSAR
652.228-74. If DOSAR provision 652.228-74 is not included in this
solicitation, the bidder/offeror shall notify the contracting officer
before the closing date so that the solicitation can be amended
accordingly.

**SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO**

**OFFERORS OR QUOTERS**

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. Also, the full text of a clause may be accessed
electronically at:

http://acquisition.gov/far/index.html/ or
http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the FAR is not available at
the locations indicated above, use of an Internet "search engine" (e.g.,
Yahoo, Infoseek, Alta Vista, etc.) is suggested to obtain the latest
location of the most current FAR provisions.

The following Federal Acquisition Regulation solicitation provisions are
incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

[FAR REFERENCE]{.underline} [DATE]{.underline} [TITLE]{.underline}

52.214-34 APR 1991 Submission of Offers in English Language

52.215-1 JAN 2004 Instructions to Offerors---Competitive Acquisition\*

52.236-28 OCT 1997 Preparation of Proposals - Construction

\* Offerors are reminded that this provision states that the Government
may award a contract based on initial proposals, without holding
discussions.

L.2 SOLICITATION PROVISIONS IN FULL TEXT

[52.216-1 TYPE OF CONTRACT (APR 1984)]{.underline}

The Government contemplates award of a firm fixed price contract
resulting from this solicitation. (End of provision)

[52.232-2 SERVICE OF PROTEST (AUG 1996)]{.underline}

\(a\) Protests, as defined in section 33.101 of the Federal Acquisition
Regulation, that are filed directly with an agency, and copies of any
protests that are filed with the General Accounting Office (GAO), shall
be served on the Contracting Officer (addressed as follows) by obtaining
written and dated acknowledgment of receipt from **\[Note to Contracting
Officer: designate the official or location where a protest may be
served on the Contracting Officer.\]**

\(b\) The copy of any protest shall be received in the office designated
above within one day of filing a protest with the GAO.

L.3 QUALIFICATIONS OF OFFERORS

Offerors must be technically qualified and financially responsible to
perform the work described in this solicitation. At a minimum, each
Offeror must meet the following requirements:

\(1\) Be able to understand written and spoken English;

\(2\) Have an established business with a permanent address and
telephone listing;

\(3\) Be able to demonstrate prior construction experience with suitable
references;

\(4\) Have the necessary personnel, equipment and financial resources
available to perform the work;

\(5\) Have all licenses and permits required by local law;

\(6\) Meet all local insurance requirements;

\(7\) Have the ability to obtain a performance and guarantee bond and a
payment bond, or to post adequate performance security, such as
irrevocable letters of credit or guarantees issued by a reputable
financial institution;

\(8\) Have no adverse criminal record;

\(9\) Have no political or business affiliation which could be
considered contrary to the interests of the United States; and

\(10\) Provide warranty information **\[Note to Contracting Officer:
include the following if** **applicable: "The offeror must warrant that
dual-rated 50 or 60 HZ motors are acceptable for electric motors."\]**

**\[Note to Contracting Officer: L.4 should only be included if barriers
are to be installed under this procurement. Otherwise, mark
"Reserved".\]**

L.4 REVIEW OF DOCUMENTS

Each Offeror is responsible for:

\(1\) Obtaining a complete set of contract drawings and specifications;

\(2\) Thoroughly reviewing such documents and understanding

their requirements;

\(3\) Visiting the project site and becoming familiar with all

working conditions, local laws and regulations; and

\(4\) Determining that all materials, equipment and labor

required for the work are available.

Offerors shall report any ambiguity in the solicitation, including
specifications and contract drawings immediately to the Contracting
Officer. Any prospective Offeror who requires a clarification,
explanation or interpretation of the contract requirements must make a
request to the Contracting Officer not less than five working days
before the closing date of the solicitation. Offerors may rely upon
written interpretations by the Contracting Officer.

L.5 SUBMISSION OF OFFERS

L.5.1 [General:]{.underline} This solicitation is for furnishing the
deliverables and installation of same, if the installation option is
exercised, as further described in Section C and the Exhibits which are
a part of this solicitation.

L.5.2 [Summary of Instructions:]{.underline} Each offer must consist of
the following physically separate volumes:

**\[Note to Contracting Officer: fill in number of copies. Form number,
reference to Attachment 4 and the Bar Chart will require revision/be
deleted if installation is not required.\]**

[Volume]{.underline} [Title]{.underline} [No. of Copies\*]{.underline}

### 1 Executed Standard Form 1442, \"Solicitation, \_\_\_\_\_\_\_

Offer and Award (Construction, Alteration,

or Repair)\", and completed Section K -

[REPRESENTATIONS, CERTIFICATIONS AND OTHER]{.underline}

[STATEMENTS OF OFFERORS]{.underline}.

2 Price Proposal and completed Section B - \_\_\_\_\_\_\_

[SUPPLIES OR SERVICES AND PRICES/COSTS]{.underline}. The

price proposal shall include a completed

Section J, Attachment 4, \"[BREAKDOWN OF]{.underline}

[PROPOSAL PRICE BY DIVISIONS OF SPECIFICATIONS.]{.underline}

3 Performance schedule in the form of a bar \_\_\_\_\_\_\_

chart and Business Management/Technical Proposal.

The complete offer shall be submitted at the address indicated at Block
7 of Standard Form (SF) 1442, if mailed, or the address set forth below,
if hand delivered (if this is left blank, the address is the same as
that in Block 7 of SF 1442).

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

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

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

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

Offerors shall identify, explain and justify any deviations, exceptions,
or conditional assumptions taken regarding any of the instructions or
requirements of this solicitation.

\* The total number of copies includes the original as one of the
copies.

L.5.3 [Detailed Instructions]{.underline}

L.5.3.1 Volume I: Standard Form (SF) 1442 and Section K. Complete blocks
14 through 20C of the SF 1442 and all of Section K.

L.5.3.2 Volume II: Price proposal and Section B.

> The price proposal shall consist of completion of Section B and
> Section J, Attachment 4, \"BREAKDOWN OF PROPOSAL PRICE BY DIVISIONS OF
> SPECIFICATIONS for installation option only. The offeror shall
> complete all applicable portions of this form in each relevant
> category (e.g., labor, materials, etc.).

L.5.3.3 Volume III: Performance Schedule and Business
Management/Technical Proposal.

\(a\) The offeror shall present the performance schedule in the form of
a \"bar chart\" indicating when the various portions of the work will be
commenced and completed within the required contract completion
schedule. This bar chart shall be in sufficient detail to clearly show
each segregable portion of work and its planned commencement and
completion date.

\(b\) The Business Management/Technical Proposal shall be in two parts,
including the following information:

[Proposed Work Information]{.underline} - Provide the following:

\(1\) A list of the names, addresses and telephone numbers

of the owners, partners, and principal officers of the Offeror;

\(2\) The name and address of the Offeror\'s field

superintendent for this project; and

\(3\) A list of the names, addresses, and telephone numbers

of subcontractors and principal materials suppliers

to be used on the project, indicating what portions

of the work will be performed by them.

\(4\) Bar chart indicating various portions of the work; when work will

commence and be completed in each section

[Experience and Past Performance]{.underline} - List all contracts and
subcontracts your company has held over the past three years for the
same or similar work. Provide the following information for each
contract and subcontract:

> \(1\) Customer\'s name, address, and telephone numbers of customer\'s
> lead contract and technical personnel;

\(2\) Contract number and type;

\(3\) Date of the contract award place(s) of performance, and completion
dates;

\(4\) Contract dollar value;

\(5\) Brief description of the work, including responsibilities;

\(6\) Comparability to the work under this solicitation;

\(7\) Brief discussion of any major technical problems and their
resolution;

> \(8\) Method of acquisition (fully competitive, partially competitive,
> or noncompetitive), and the basis for award (cost/price, technical
> merit, etc.);

\(9\) Percent turnover of contract key technical personnel per year; and

> \(10\) Any terminations (partial or complete) and the reason
> (convenience or default).

L.6 [52.236-27 SITE VISIT (FEB 1995)]{.underline}

\(a\) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3,
Site Investigations and Conditions Affecting the Work, will be included
in any contract awarded as a result of this solicitation. Accordingly,
offerors or quoters are urged and expected to inspect the site where the
work will be performed.

\(b\) An organized site visit has been schedule for **\[Note to
Contracting Officer: insert date and time\]**

\(c\) Participants will meet at **\[Note to Contracting Officer: insert
location\]**.

L.7 [652.206-70 COMPETITION ADVOCATE/OMBUDSMAN (AUG 1999)]{.underline}

\(a\) The Department of State\'s Competition Advocate is responsible for
assisting industry in removing restrictive requirements from Department
of State solicitations and removing barriers to full and open
competition and use of commercial items. If such a solicitation is
considered competitively restrictive or does not appear properly
conducive to competition and commercial practices, potential offerors
are encouraged to first contact the contracting officer for the
respective solicitation. If concerns remain unresolved, contact the
Department of State Competition Advocate on (703) 516-1680, by fax at
(703) 875-6155, or write to: Department of State, Competition Advocate,
Office of the Procurement Executive (A/OPE), Suite 603, SA-6,
Washington, DC 20522-0602.

\(b\) The Department of State\'s Acquisition Ombudsman has been
appointed to hear concerns from potential offerors and contractors
during the preaward and postaward phases of this acquisition. The role
of the ombudsman is not to diminish the authority of the contracting
officer, the Technical Evaluation Panel or Source Evaluation Board, or
the selection official. The purpose of the ombudsman is to facilitate
the communication of concerns, issues, disagreements, and
recommendations of interested parties to the appropriate Government
personnel, and work to resolve them. When requested and appropriate, the
ombudsman will maintain strict confidentiality as to the source of the
concern. The ombudsman does not participate in the evaluation of
proposals, the source selection process, or the adjudication of formal
contract disputes. Interested parties are invited to contact the
contracting activity ombudsman**, \[Note to Contracting Officer: insert
name\],** at **\[Note to Contracting Officer: insert telephone and fax
numbers\].** For an American Embassy or overseas post, refer to the
numbers below for the Department Acquisition Ombudsman. Concerns,
issues, disagreements, and recommendations which cannot be resolved at a
contracting activity level may be referred to the Department of State
Acquisition Ombudsman at (703) 516-1680, by fax at (703) 875-6155, or
write to: Department of State, Acquisition Ombudsman, Office of the
Procurement Executive (A/OPE), Suite 603, SA-6, Washington, DC
20522-0602.

\[Note to Contracting Officer: If installation is included see
instructions if DBA is applicable and then include

[652.228-74 DEFENSE BASE ACT INSURANCE RATES -- LIMITATION (JUN
2006)]{.underline}

\(a\) The Department of State has entered into a contract with an
insurance carrier to provide Defense Base Act (DBA) insurance to
Department of Sate covered contactor employees at a contracted rate. For
the purposes of this provision, "covered contractor employees" includes
the following individuals:

(1) United States citizens or residents;

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(1) Individuals hired in the United States or its possessions,
    regardless of citizenship; and

(2) Local nationals and third country nationals where contract
    performance takes place in a country where there are no local
    workers' compensation laws.

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(b) In preparing the cost proposal, the bidder/offeror shall use the
    following rates in computing the cost fir the DBA insurance:

> Services @ \[*contracting officer insert current rate*\] of
> compensation; or
>
> Construction @ \[*contracting officer insert current rate*\] of
> compensation.

\(c\) Bidders/Offerors shall compute the total compensation (direct
salary plus differential, but excluding per diem, housing allowances) to
be paid to covered contractor employees and the cost of DBA insurance in
their bid/proposal using the foregoing rate. Bidders/offerors shall
include the estimated DBA insurance costs in their proposed fixed price
or estimated cost. However, the DBA insurance costs shall be identified
in a separate line item in the bid proposal."

**SECTION M - EVALUATION FACTORS FOR AWARD**

M.1 EVALUATION OF PROPOSALS

M.1.1. [General]{.underline}: To be acceptable and eligible for
evaluation, proposals must be prepared following Section L and must meet
all the requirements in the other sections of this solicitation.

M.1.2. [Basis For Award:]{.underline} The Government intends to award a
contract resulting from this solicitation to the lowest priced,
technically acceptable offeror who is a responsible contractor. The
evaluation process will follow the procedures below:

\(a\) [Initial Evaluation:]{.underline} The Government will evaluate all
proposals received will be evaluated to ensure that each proposal is
complete in terms of submission of each required volume, as specified in
Section L. The Government may eliminate proposals that are missing a
significant amount of the required.

\(b\) [Technical Acceptability:]{.underline} After the initial
evaluation, the Government will review the remaining proposals to
determine technical acceptability. Technical acceptability will include
a review of the Proposed Work Information described in Section L to
ensure that the offeror\'s proposed project superintendent and
subcontractors are acceptable to the Government. The Government may also
contact references provided as part of the Experience and Past
Performance information described in Section L to verify quality of past
performance. The end result of this review will be a determination of
technical acceptability or unacceptability.

\(c\) The Government will determine responsibility by analyzing whether
the apparent successful offeror complies with the requirements of FAR
9.1, including:

(1) adequate financial resources or the ability to obtain them;

(2) ability to comply with the required performance period, taking into
    consideration all existing commercial and governmental business
    commitments;

(3) satisfactory record of integrity and business ethics;

(4) necessary organization, experience, and skills or the ability to
    obtain them;

(5) necessary equipment and facilities or the ability to obtain them;
    and

(6) otherwise qualified and eligible to receive an award under
    applicable laws and regulations.

The Government reserves the right to reject proposals that are
unreasonably low or high in price. Unsuccessful offerors will be
notified in accordance with FAR 15.503.

M.1.3 [Award Selection:]{.underline} The Government will review the
prices of all technically acceptable firms and the award selection will
go to the lowest priced, technically acceptable, responsible offeror. As
described in FAR 52.215-1, incorporated by reference in Section L, the
Government may award may based on initial offers, without discussions.

\[Note to Contracting Officer: Insert FAR 52.225-17 in full text if you
will be allowing offers to be submitted in more than one currency (U.S.
dollars or local currency).\]

M.2 [52.225-17 EVALUATION OF FOREIGN CURRENCY OFFERS (FEB
2000)]{.underline}

If the Government receives offers in more than one currency, the
Government will evaluate offers by converting the foreign currency to
United States currency using the exchange rate used by the Embassy in
effect as follows:

\(a\) For acquisitions conducted using sealed bidding procedures, on the
date of bid opening.

\(b\) For acquisitions conducted using negotiation procedures---

\(1\) On the date specified for receipt of offers, if award is based on
initial offers; otherwise

> \(2\) On the date specified for receipt of proposal revisions.

M.3 [52.217‑4 EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT AWARD
(JUL 1988)]{.underline}

Except when it is determined in accordance with FAR 17.206(b) not to be
in the Government's best interests, the Government will evaluate the
total price for the basic requirement together with any option(s)
exercised at the time of award.

######### M.4 SEPARATE CHARGES

Separate charges, in any form, are not solicited. For example, any
charges for failure to exercise an option are unacceptable.