TABLE OF CONTENTS

  ------------------ ---------------------------------------------------------- -------------------
  COMMERCIAL CLAUSES                                                            [4](#_TOC_0)

  1                  Solicitation, Offer, & Award and Bid Bond                  [4](#_toc_01)

  SECTION B \--                                                                 [5](#_TOC_B)
  Supplies or                                                                   
  Services and                                                                  
  Prices                                                                        

  B.1                Contract Price Schedule and Instructions                   [5](#_toc_B1)

  SECTION C \--                                                                 [6](#_TOC_C)
  Descriptions and                                                              
  Specifications                                                                

  C.1                Project Specifications                                     [6](#_toc_C1)

  SECTION E \--                                                                 [7](#_TOC_E)
  Inspection and                                                                
  Acceptance                                                                    

  E.1                Inspection of Construction                                 [7](#_toc_E1)

  SECTION F \--                                                                 [9](#_TOC_F)
  Deliveries or                                                                 
  Performance                                                                   

  F.1                Commencement, Prosecution, and Completion of Work          [9](#_toc_F1)

  F.2                Liquidated Damages\--Construction                          [9](#_toc_F2)

  F.3                Time Extensions                                            [9](#_toc_F3)

  SECTION G \--                                                                 
  Contract                                                                      
  Administration                                                                
  Data -- Not Used                                                              
  for This Project                                                              

  SECTION H \--                                                                 [10](#_TOC_H)
  Special Contract                                                              
  Requirements                                                                  

  H.1                Key Personnel                                              [10](#_toc_H1)

  H.2                Definition of Wage Rates                                   [10](#_toc_H2)

  H.3                Wage Rates                                                 [12](#_toc_H3)

  SECTION I \--                                                                 [28](#_TOC_I)
  Contract Clauses                                                              

  I.1                Restrictions on Endorsements - Department of Interior      [28](#_toc_I1)

  I.2                Release of Claims - Department of Interior                 [28](#_toc_I2)

  I.3                Examination of Records by the Department of Interior       [28](#_toc_I3)

  I.4                Prohibition Against Use of Lead-Based Paint \--DOI         [28](#_toc_I4)

  I.5                Archeological Findings                                     [28](#_toc_I5)

  I.6                Definitions (Dec 2001) - Alternate I                       [29](#_toc_I6)

  I.7                Gratuities                                                 [30](#_toc_I7)

  I.8                Covenant Against Contingent Fees                           [31](#_toc_I8)

  I.9                Restrictions on Subcontractor Sales to the Government      [31](#_toc_I9)

  I.10               Anti-Kickback Procedures                                   [31](#_toc_I10)

  I.11               Cancellation, Rescission, and Recovery of Funds for        [33](#_toc_I11)
                     Illegal or Improper Activity                               

  I.12               Price or Fee Adjustment for Illegal or Improper Activity   [33](#_toc_I12)

  I.13               Limitation on Payments to Influence Certain Federal        [34](#_toc_I13)
                     Transactions                                               

  I.14               Contractor Code of Business Ethics and Conduct             [37](#_toc_I14)

  I.15               Display of Hotline Poster(s)                               [37](#_toc_I15)

  I.16               Security Requirements (Aug 1996) - Alternate II            [38](#_toc_I16)

  I.17               Printed or Copied Double-Sided on Recycled Paper           [38](#_toc_I17)

  I.18               Central Contractor Registration                            [39](#_toc_I18)

  I.19               Protecting the Government\'s Interest When Subcontracting  [42](#_toc_I19)
                     with Contractors Debarred, Suspended, or Proposed for      
                     Debarment                                                  

  I.20               Audit and Records\--Negotiation                            [42](#_toc_I20)

  I.21               Order of Precedence\--Uniform Contract Format              [43](#_toc_I21)

  I.22               Price Reduction for Defective Cost or Pricing Data         [44](#_toc_I22)

  I.23               Price Reduction for Defective Cost or Pricing              [45](#_toc_I23)
                     Data\--Modifications                                       

  I.24               Subcontractor Cost or Pricing Data                         [46](#_toc_I24)

  I.25               Subcontractor Cost or Pricing Data\--Modifications         [47](#_toc_I25)

  I.26               Option for Increased Quantity-Separately Priced Line Item  [47](#_toc_I26)

  I.27               Notice of Total HUBZone Set-Aside                          [48](#_toc_I27)

  I.28               Utilization of Small Business Concerns                     [48](#_toc_I28)

  I.29               Convict Labor                                              [49](#_toc_I29)

  I.30               Contract Work Hours and Safety Standards Act - Overtime    [50](#_toc_I30)
                     Compensation                                               

  I.31               Davis-Bacon Act                                            [51](#_toc_I31)

  I.32               Withholding of Funds                                       [53](#_toc_I32)

  I.33               Payrolls and Basic Records                                 [53](#_toc_I33)

  I.34               Apprentices and Trainees                                   [54](#_toc_I34)

  I.35               Compliance with Copeland Act Requirements                  [55](#_toc_I35)

  I.36               Subcontracts (Labor Standards)                             [55](#_toc_I36)

  I.37               Contract Termination-Debarment                             [56](#_toc_I37)

  I.38               Compliance with Davis-Bacon and Related Act Regulations    [56](#_toc_I38)

  I.39               Disputes Concerning Labor Standards                        [56](#_toc_I39)

  I.40               Certification of Eligibility                               [56](#_toc_I40)

  I.41               Prohibition of Segregated Facilities                       [57](#_toc_I41)

  I.42               Equal Opportunity                                          [57](#_toc_I42)

  I.43               Affirmative Action Compliance Requirements for             [59](#_toc_I43)
                     Construction                                               

  I.44               Equal Opportunity for Special Disabled Veterans, Veterans  [63](#_toc_I44)
                     of the Vietnam Era, and Other Eligible Veterans            

  I.45               Affirmative Action For Workers with Disabilities           [66](#_toc_I45)

  I.46               Employment Reports on Special Disabled Veterans, Veterans  [67](#_toc_I46)
                     of the Vietnam Era, and Other Eligible Veterans            

  I.47               Notification of Employee Rights Concerning Payment of      [68](#_toc_I47)
                     Union Dues or Fees                                         

  I.48               Combating Trafficking in Persons                           [70](#_toc_I48)

  I.49               Affirmative Procurement of Biobased Products Under Service [71](#_toc_I49)
                     and Construction Contracts                                 

  I.50               Hazardous Material Identification and Material Safety Data [71](#_toc_I50)
                     (Jan 1997) - Alternate I                                   

  I.51               Pollution Prevention and Right-to-Know Information         [73](#_toc_I51)

  I.52               Drug-Free Workplace                                        [73](#_toc_I52)

  I.53               Estimate of Percentage of Recovered Material Content for   [75](#_toc_I53)
                     EPA Designated Items.                                      

  I.54               Toxic Chemical Release Reporting                           [75](#_toc_I54)

  I.55               Restrictions on Certain Foreign Purchases                  [76](#_toc_I55)

  I.56               Authorization and Consent                                  [77](#_toc_I56)

  I.57               Notice and Assistance Regarding Patent and Copy            [77](#_toc_I57)
                     Infringement                                               

  I.58               Patent Indemnity-Construction Contracts                    [77](#_toc_I58)

  I.59               Additional Bond Security                                   [78](#_toc_I59)

  I.60               Insurance - Work on a Government Installation              [78](#_toc_I60)

  I.61               Pledges of Assets                                          [78](#_toc_I61)

  I.62               Prospective Subcontractor Requests for Bonds               [79](#_toc_I62)

  I.63               Irrevocable Letter of Credit                               [79](#_toc_I63)

  I.64               Performance and Payment Bonds\--Construction               [83](#_toc_I64)

  I.65               Federal, State, and Local Taxes                            [83](#_toc_I65)

  I.66               Payments under Fixed-Price Construction Contracts          [84](#_toc_I66)

  I.67               Interest                                                   [87](#_toc_I67)

  I.68               Assignment of Claims                                       [87](#_toc_I68)

  I.69               Prompt Payment for Construction Contracts                  [88](#_toc_I69)

  I.70               Payment by Electronic Funds Transfer-Central Contractor    [94](#_toc_I70)
                     Registration                                               

  I.71               Disputes (Jul 2002) - Alternate I                          [95](#_toc_I71)

  I.72               Protest after Award                                        [97](#_toc_I72)

  I.73               Differing Site Conditions                                  [98](#_toc_I73)

  I.74               Site Investigation and Conditions Affecting the Work       [98](#_toc_I74)

  I.75               Material and Workmanship                                   [99](#_toc_I75)

  I.76               Superintendence by the Contractor                          [99](#_toc_I76)

  I.77               Permits and Responsibilities                               [99](#_toc_I77)

  I.78               Other Contracts                                            [100](#_toc_I78)

  I.79               Protection of Existing Vegetation, Structures, Equipment,  [100](#_toc_I79)
                     Utilities, and Improvements                                

  I.80               Operations and Storage Areas                               [100](#_toc_I80)

  I.81               Use and Possession Prior to Completion                     [101](#_toc_I81)

  I.82               Cleaning Up                                                [101](#_toc_I82)

  I.83               Accident Prevention (Nov 1991) - Alternate I               [101](#_toc_I83)

  I.84               Availability and Use of Utility Services                   [102](#_toc_I84)

  I.85               Schedules for Construction Contracts                       [102](#_toc_I85)

  I.86               Specifications and Drawings for Construction               [103](#_toc_I86)

  I.87               Bankruptcy                                                 [104](#_toc_I87)

  I.88               Suspension of Work                                         [104](#_toc_I88)

  I.89               Changes                                                    [105](#_toc_I89)

  I.90               Warranty of Construction                                   [105](#_toc_I90)

  I.91               Value Engineering-Construction                             [106](#_toc_I91)

  I.92               Termination for Convenience of the Government              [109](#_toc_I92)
                     (Fixed-Price) (May 2004) - Alternate I                     

  I.93               Default (Fixed-Price Construction)                         [112](#_toc_I93)

  I.94               Liability Insurance - Department of the Interior           [113](#_toc_I94)

  I.95               Buy American Act-Balance Of Payments Program-Construction  [114](#_toc_I95)
                     Materials                                                  

  I.96               Seasonal Shutdown                                          [116](#_toc_I96)

  I.97               Cultural Resources Survey                                  [116](#_toc_I97)

  I.98               Conduct of Operations                                      [116](#_toc_I98)

  I.99               Pricing of Adjustments                                     [117](#_toc_I99)

  I.100              Reference Standards                                        [117](#_toc_I100)

  SECTION J \-- List                                                            [118](#_TOC_J)
  of Documents,                                                                 
  Exhibits and Other                                                            
  Attachments                                                                   

  J.1                List of Attachments                                        [118](#_toc_J1)

  SECTION K \--                                                                 [119](#_TOC_K)
  Representations,                                                              
  Certifications and                                                            
  Other Statements                                                              
  of Offerors                                                                   

  K.1                Data Universal Numbering System (DUNS) Number              [119](#_toc_K1)

  K.2                Annual Representations and Certifications                  [119](#_toc_K2)

  SECTION L \--                                                                 [121](#_TOC_L)
  Instructions,                                                                 
  Conditions and                                                                
  Notices to Bidders                                                            

  L.1                Facsimile (Modifications of) Proposals (Deviation) (Jul    [121](#_toc_L1)
                     96)                                                        

  L.2                Use and Disclosure of Proposal Information - Department of [121](#_toc_L2)
                     Interior                                                   

  L.3                Availability of Specifications Listed in the GSA Index of  [123](#_toc_L3)
                     Federal Specifications, Standards and Commercial Item      
                     Descriptions, FPMR Part 101-29                             

  L.4                Availability of Specifications, Standards, and Data Item   [123](#_toc_L4)
                     Descriptions Listed in the Acquisition Streamlining and    
                     Standardization Information System (ASSIST).               

  L.5                Brand Name or Equal                                        [123](#_toc_L5)

  L.6                Alternatives to Government-Unique Standards                [124](#_toc_L6)

  L.7                Submission of Offers in the English Language               [124](#_toc_L7)

  L.8                Submission of Offers in U.S. Currency                      [124](#_toc_L8)

  L.9                Instructions to Offerors\--Competitive (Jan 2004) -        [125](#_toc_L9)
                     Alternate II                                               

  L.10               Type of Contract                                           [129](#_toc_L10)

  L.11               Notice of Requirement for Affirmative Action to Ensure     [129](#_toc_L11)
                     Equal Employment Opportunity for Construction              

  L.12               Submission of Electronic Funds Transfer Information with   [130](#_toc_L12)
                     Offer                                                      

  L.13               Site Visit (Construction)                                  [130](#_toc_L13)

  L.14               Preparation of Proposals\--Construction                    [131](#_toc_L14)

  L.15               Bid Guarantee                                              [131](#_toc_L15)

  L.16               Service of Protest (Para (a) modified by DSC)              [131](#_toc_L16)

  L.17               Instructions for the Submission of Offers and Other        [132](#_toc_L17)
                     Information                                                

  SECTION M \--                                                                 [135](#_TOC_M)
  Evaluation Factors                                                            
  for Award                                                                     

  M.1                Evaluation of Options                                      [135](#_toc_M1)

  M.2                Evaluation Factors for Award                               [135](#_toc_M2)
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[]{#_TOC_0 .anchor}COMMERCIAL CLAUSES

  ------------- --------- ------------------------------------------ --------------
  []{#_toc_01   DSC-\*A   Solicitation, Offer, & Award and Bid Bond  February 2002
  .anchor}1                                                          

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

Solicitation, Offer, and Award (SF-1442) and Bid Bond (SF-24) are
included in the Proposal Submission Package.

[]{#_TOC_B .anchor}SECTION B \-- Supplies or Services and Prices

  ------------- -------- ------------------------------------------ --------------
  []{#_toc_B1   DSC-91   Contract Price Schedule and Instructions   March 2006
  .anchor}B.1                                                       

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

See below Contract Price Schedule.

Notice: Refer to FAR Clause 52.217-5, Evaluation of Options, as
prescribed in FAR 17. Offerors are required to submit, at a minimum, an
offer that conforms to the solicitation documents with pricing for Base
line items and all Option line items. Failure to do so may render the
proposal unacceptable. On lump-sum-priced line items, provide the total
price only. If no specific line item exists for a portion of the work,
include the costs in a related item. In case of errors in summations,
the total of the corrected amounts govern. Provide prices in whole
dollars.

The Government reserves the right to award any or no options at or after
the time of award. At the option of the Government, the period for
exercise of options at the proposed prices shall extend 60 calendar days
from the date of award. Pricing will be evaluated based on what is
determined to be the best value to the Government. Options may be
exercised in any combination, order, or grouping deemed in the judgment
of the Contracting Officer to offer the best value to the Government.

In addition to the offer that conforms to the solicitation documents,
offerors are encouraged to submit alternate proposals that will result
in cost savings to the Government. Such proposals shall clearly identify
why the acceptance of the proposal would be advantageous to the
Government. See FAR Clause 52.215-1, Instructions to Offerors -
Competitive Acquisition - Alternate II and DSC-36 Clause, Instructions
for Submission of Offers and Other Information, in Section L of the
Solicitation.

  ----------------------------------------------------------------------------- ---------------------------- --------- ----------- ---------- -----------
  **CONTRACT LINE ITEM NUMBER**                                                 **CONTRACT LINE ITEM         **QTY**   **UNIT OF   **UNIT     **TOTAL
                                                                                DESCRIPTION**                          MEASURE**   PRICE**    PRICE**

  1                                                                             Restroom Building, Parking,  1         LS                     
                                                                                Wastewater System                                             

  TOTAL BASE PRICE (Contract Line Item                                                                                                        
  Number 1) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -                                                               

  2                                                                             OPTION A, Campground Roads   1         LS                     
                                                                                and Improvements                                              

  3                                                                             OPTION B, Ceramic Tile Floor 1         LS                     
                                                                                at Comfort Station                                            

  TOTAL PRICE FOR ALL OPTIONS (Contract Line Item Numbers 2 and                                                                               
  3) - - - - - - - - - - - - - -                                                                                                              

  TOTAL PROPOSED PRICE - BASE PLUS ALL OPTIONS (Contract Line Item Numbers 1                                                                  
  through 3)                                                                                                                                  

  All measurement and payment information (for the line items listed above) is                                                                
  included in the project specifications Section 01270.                                                                                       

  END                                                                                                                                         
  ----------------------------------------------------------------------------- ---------------------------- --------- ----------- ---------- -----------

[]{#_TOC_C .anchor}SECTION C \-- Descriptions and Specifications

  ------------- -------- ------------------------------------------ --------------
  []{#_toc_C1   DSC-92   Project Specifications                     January 1999
  .anchor}C.1                                                       

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

See attached project specifications.

[]{#_TOC_E .anchor}SECTION E \-- Inspection and Acceptance

  ------------- ----------- ------------------------------------------ --------------
  []{#_toc_E1   52.246-12   Inspection of Construction                 August 1996
  .anchor}E.1                                                          

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

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

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

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

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

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

\(3\) Constitute or imply acceptance; or

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

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

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

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

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

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

\(2\) terminate for default the Contractor\'s right to proceed.

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

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

[]{#_TOC_F .anchor}SECTION F \-- Deliveries or Performance

  ------------- ----------- -------------------------------------------- -------------
  []{#_toc_F1   52.211-10   Commencement, Prosecution, and Completion of April 1984
  .anchor}F.1               Work                                         

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

The Contractor shall be required to (a) commence work under this
contract within 15 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 180 calendar days.
The time stated for completion shall include final cleanup of the
premises. Construction work can only occur from April through September
due to Nene nesting season.

  ------------- ----------- ------------------------------------------ --------------
  []{#_toc_F2   52.211-12   Liquidated Damages\--Construction          September 2000
  .anchor}F.2                                                          

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

\(a\) If the Contractor fails to complete the work within the time
specified in the contract, the Contractor shall pay liquidated damages
to the Government in the amount of \$1,000 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.

  ------------- ----------- ------------------------------------------ --------------
  []{#_toc_F3   52.211-13   Time Extensions                            September 2000
  .anchor}F.3                                                          

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

Time extensions for contract changes will depend upon the extent, if
any, by which the changes cause delay in the completion of the various
elements of construction. The change order granting the time extension
may provide that the contract completion date will be extended only for
those specific elements related to the changed work and that the
remaining contract completion dates for all other portions of the work
will not be altered. The change order also may provide an equitable
readjustment of liquidated damages under the new completion schedule.

[]{#_TOC_H .anchor}SECTION H \-- Special Contract Requirements

  ------------- ------------- ---------------------------------------- --------------
  []{#_toc_H1   1489.237-72   Key Personnel                            April 1984
  .anchor}H.1                                                          

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

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

Project Manager

Superintendent

Quality Control

Safety Manager

\(b\) During the first 60 days of performance, the Contractor shall make
no substitutions of key personnel unless the substitution is
necessitated by illness, death, or termination of employment. The
Contractor shall notify the Contracting Officer within 15 calendar days
after the occurrence of any of these events and provide the information
required by paragraph (c) below. After the initial 60-day period, the
Contractor shall submit the information required by paragraph (c) to the
Contracting Officer as least 15 days prior to making any permanent
substitutions.

\(c\) The Contractor shall provide a detailed explanation of the
circumstances necessitating the proposed substitutions, complete resumes
for the proposed substitutes, and any additional information requested
by the Contracting Officer. Proposed substitutes should have comparable
qualifications to those of the persons being replace. The Contracting
Officer will notify the Contractor within 15 calendar days after receipt
of all required information of the decision on substitutions. This
clause will be modified to reflect any approved changes of key
personnel.

  ------------- -------- ------------------------------------------ --------------
  []{#_toc_H2   DSC-01   Definition of Wage Rates                   January 1976
  .anchor}H.2                                                       

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

If any portion of the work falls under one of the following
classifications and that work comprises 20 percent of more of the total
project costs, the Contractor shall use the applicable rates for that
type of construction. However, if any portion of the work falls under
one the following classifications and that work comprises less than 20
percent of the total project costs, that portion is considered
incidental to work in the most closely related classification that
exceeds the 20 percent threshold.

BUILDING CONSTRUCTION

Building construction generally is the construction of sheltered
enclosures with walk-in access for the purpose of housing persons,
machinery, equipment, or supplies. It includes all construction of such
structures, the installation of equipment, both above and below grade
level, as well as incidental site work, parking areas, utilities,
streets, and sidewalks. Additionally, such structures need not be
\"habitable\" to be building construction. The installation of heavy
machinery and/or equipment does not change the project\'s character as a
building.

Examples:

Alterations and additions to buildings Apartment buildings (5 stories
and above)

Arenas (enclosed) Auditoriums

Automobile parking garages Banks and financial buildings

Barracks Churches

City halls Civic centers

Commercial buildings Court houses

Detention facilities Dormitories

Farm buildings Fire stations

Hospitals Hotels

Industrial buildings Institutional buildings

Libraries Mausoleums

Motels Museums

Nursing and convalescent facilities Office buildings

Out-patient clinics Passenger and freight terminal buildings

Police stations Post offices

Power plants Prefabricated buildings

Remodeling buildings Renovating buildings

Repairing buildings Restaurants

Schools Service stations

Shopping centers Stores

Subway stations Theaters

Warehouses Water and sewage treatment plants (buildings only)

RESIDENTIAL CONSTRUCTION

Residential projects for Davis-Bacon purposes are those involving the
construction, alteration, or repair of single family houses or apartment
buildings of no more than 4 stories in height. This includes all
incidental items such as site work, parking areas, utilities, streets,
and sidewalks.

Examples:

Town or row houses Apartment buildings (4 stories or less)

Single family houses Mobile home developments

Multi-family houses Married student housing

HEAVY CONSTRUCTION

Heavy projects are those projects that are not properly classified as
either \"building\", \"highway\", or \"residential\". Unlike these
classifications, heavy construction is not a homogeneous classification.
Because of this catch-all nature, projects within the heavy
classification may sometimes be distinguished on the basis of their
particular project characteristics, and separate schedules issued. For
example, separate schedules may be issued for dredging projects, water
and sewer line projects, dams, major bridges, and flood control
projects. This classification includes incidental items such as
buildings, site work, streets, and sidewalks.

Examples:

Antenna towers Bridges (major bridges designed for commercial
navigation)

Breakwaters Caissons (other than building or highway)

Canals Channels

Channel cut-offs Chemical complexes or facilities (other than buildings)

Cofferdams Coke ovens

Dams Demolition (not incidental to construction)

Dikes Docks

Drainage projects Dredging projects

Electrification projects (outdoor) Flood control projects

Industrial incinerators (other than building) Irrigation projects

Jetties Kilns

Land drainage (not incidental to other construction) Land leveling (not
incidental to other construction)

Land reclamation Levees

Locks, waterways Oil refineries (other than buildings)

Pipelines Ponds

Pumping stations (prefabricated drop-in units, not buildings) Railroad
construction

Reservoirs Revetments

Sewage collection and disposal lines Sewers (sanitary, storm, etc.)

Shoreline maintenance Ski tows

Storage tanks Swimming pools (outdoor)

Subways (other than buildings) Tipples

Tunnels Unsheltered piers and wharves

Viaducts (other than highway) Water mains

Waterway construction Water supply lines (not incidental to building)

Water and sewage treatment plants (other than buildings) Wells

HIGHWAY CONSTRUCTION

Highway projects include the construction, alteration or repair of
roads, streets, highways, runways, taxiways, alleys, trails, paths,
parking areas, and other similar projects. This classification includes
incidental items such as buildings, sitework, and utilities.

Examples:

Alleys Base courses

Bituminous treatments Bridle paths

Concrete pavement Curbs

Excavation and embankment (for road construction) Fencing (highway)

Grade crossing elimination(overpasses or underpasses) Guard rails on
highway

Highway signs Highway bridges (overpasses, underpasses, grade
separation)

Medians Parking lots

Parkways Resurfacing streets and highways

Roadbeds Roadways

Runways Shoulders

Stabilizing courses Storm sewers incidental to road construction

Street paving Surface courses

Taxiways Trails

  ------------- -------- ------------------------------------------ --------------
  []{#_toc_H3   DSC-17   Wage Rates                                 January 1999
  .anchor}H.3                                                       

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

GENERAL DECISION: HI20080001 10/03/2008 HI1

Date: October 3, 2008

General Decision Number: HI20080001 10/03/2008

Superseded General Decision Number: HI20070001

State: Hawaii

Construction Types: Building, Heavy (Heavy and Dredging), Highway and
Residential

Counties: Hawaii Statewide.

BUILDING CONSTRUCTION PROJECTS; RESIDENTIAL CONSTRUCTION PROJECTS
(consisting of single family homes and apartments up to and including 4
stories); HEAVY AND HIGHWAY CONSTRUCTION PROJECTS AND DREDGING

Modification Number Publication Date

0 02/08/2008

1 02/15/2008

2 02/22/2008

3 02/29/2008

4 03/07/2008

5 04/18/2008

6 05/30/2008

7 06/20/2008

8 07/04/2008

9 07/11/2008

10 07/18/2008

11 07/25/2008

12 08/01/2008

13 09/05/2008

14 09/12/2008

15 09/19/2008

16 10/03/2008

ASBE0132-001 08/31/2008

Rates Fringes

Asbestos Workers/Insulator

Includes application of

all insulating materials,

protective coverings,

coatings and finishes to

all types of mechanical

systems. Also the

application of

firestopping material for

wall openings and

penetrations in walls,

floors, ceilings and

curtain walls\...\...\...\...\...\$ 34.60 21.14

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

BOIL0627-005 10/01/2007

Rates Fringes

BOILERMAKERS\...\...\...\...\...\...\...\$ 29.95 20.90

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

BRHI0001-001 09/03/2007

Rates Fringes

BRICKLAYER

Bricklayers and Stonemasons.\$ 33.15 16.17

Pointers, Caulkers and

Weatherproofers\...\...\...\....\$ 33.40 16.17

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

BRHI0001-002 09/03/2007

Rates Fringes

Tile, Marble & Terrazzo Worker

Terrazzo Base Grinders\...\...\$ 31.59 16.17

Terrazzo Floor Grinders

and Tenders\...\...\...\...\.....\$ 30.04 16.17

Tile, Marble and Terrazzo

Workers\...\...\...\...\...\...\...\$ 33.40 16.17

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

CARP0745-001 09/01/2008

Rates Fringes

Carpenters:

Carpenters; Hardwood Floor

Layers; Patent Scaffold

Erectors (14 ft. and

over); Piledrivers;

Pneumatic Nailers; Wood

Shinglers and Transit

and/or Layout Man\...\...\.....\$ 36.20 19.02

Millwrights and Machine

Erectors\...\...\...\...\...\.....\$ 36.45 19.02

Power Saw Operators (2

h.p. and over)\...\...\...\.....\$ 36.35 19.02

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

CARP0745-002 09/01/2008

Rates Fringes

Drywall and Acoustical

Workers and Lathers\...\...\...\.....\$ 36.45 19.02

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

ELEC1186-001 08/31/2008

Rates Fringes

Electricians:

Cable Splicers\...\...\...\.....\$ 41.91 30.6%+11.15

Electricians\...\...\...\...\....\$ 38.10 30.6%+11.15

Technicians\...\...\...\...\.....\$ 39.24 30.6%+11.15

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

ELEC1186-002 08/31/2008

Rates Fringes

Line Construction:

Cable Splicers\...\...\...\.....\$ 41.91 30.6%+11.15

Groundmen/Truck Drivers\.....\$ 28.58 30.6%+11.15

Heavy Equipment Operators\...\$ 34.29 30.6%+11.15

Linemen\...\...\...\...\...\...\...\$ 38.10 30.6%+11.15

Technicians\...\...\...\...\.....\$ 39.24 30.6%+11.15

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

ELEV0126-001 01/01/2008

Rates Fringes

ELEVATOR MECHANIC\...\...\...\...\....\$ 46.00 16.285+a+b

a\. VACATION: Employer contributes 8% of basic hourly rate for 5 years
service and 6% of basic hourly rate for 6 months to 5 years service as
vacation pay credit.

b\. PAID HOLIDAYS: New Year\'s Day, Memorial Day, Independence Day,
Labor Day, Veterans\' Day, Thanksgiving Day, the Friday after
Thanksgiving Day and Christmas Day.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\* ENGI0003-002 09/01/2008

Rates Fringes

Diver (Aqua Lung) (Scuba)

Diver (Aqua Lung) (Scuba)

(over a depth of 30 feet)\...\$ 55.80 22.83

Diver (Aqua Lung) (Scuba)

(up to a depth of 30 feet)..\$ 46.43 22.83

Stand-by Diver (Aqua Lung)

(Scuba)\...\...\...\...\...\.....\$ 37.05 22.83

Diver (Other than Aqua Lung)

Diver (Other than Aqua

Lung)\...\...\...\...\...\...\.....\$ 55.80 22.83

Diver Tender (Other than

Aqua Lung)\...\...\...\...\...\...\$ 34.02 22.83

Stand-by Diver (Other than

Aqua Lung)\...\...\...\...\...\...\$ 37.05 22.83

Helicopter Work

Airborne Hoist Operator

for Helicopter\...\...\...\.....\$ 35.60 22.83

Co-Pilot of Helicopter\...\...\$ 35.74 22.83

Pilot of Helicopter\...\...\...\$ 35.91 22.83

Power equipment operator -

tunnel work

GROUP 1\...\...\...\...\...\.....\$ 32.04 22.83

GROUP 2\...\...\...\...\...\.....\$ 32.15 22.83

GROUP 3\...\...\...\...\...\.....\$ 32.32 22.83

GROUP 4\...\...\...\...\...\.....\$ 32.59 22.83

GROUP 5\...\...\...\...\...\.....\$ 32.90 22.83

GROUP 6\...\...\...\...\...\.....\$ 33.55 22.83

GROUP 7\...\...\...\...\...\.....\$ 33.87 22.83

GROUP 8\...\...\...\...\...\.....\$ 33.98 22.83

GROUP 9\...\...\...\...\...\.....\$ 34.09 22.83

GROUP 9A\...\...\...\...\...\....\$ 34.32 22.83

GROUP 10\...\...\...\...\...\.....\$ 34.38 22.83

GROUP 10A\...\...\...\...\...\....\$ 34.53 22.83

GROUP 11\...\...\...\...\...\.....\$ 34.68 22.83

GROUP 12\...\...\...\...\...\.....\$ 35.04 22.83

GROUP 12A\...\...\...\...\...\....\$ 35.40 22.83

Power equipment operators:

GROUP 1\...\...\...\...\...\.....\$ 31.74 22.83

GROUP 2\...\...\...\...\...\.....\$ 31.85 22.83

GROUP 3\...\...\...\...\...\.....\$ 32.02 22.83

GROUP 4\...\...\...\...\...\.....\$ 32.29 22.83

GROUP 5\...\...\...\...\...\.....\$ 32.60 22.83

GROUP 6\...\...\...\...\...\.....\$ 33.25 22.83

GROUP 7\...\...\...\...\...\.....\$ 33.57 22.83

GROUP 8\...\...\...\...\...\.....\$ 33.68 22.83

GROUP 9\...\...\...\...\...\.....\$ 33.79 22.83

GROUP 9A\...\...\...\...\...\....\$ 34.02 22.83

GROUP 10\...\...\...\...\...\.....\$ 34.08 22.83

GROUP 10A\...\...\...\...\...\....\$ 34.23 22.83

GROUP 11\...\...\...\...\...\.....\$ 34.38 22.83

GROUP 12\...\...\...\...\...\.....\$ 34.74 22.83

GROUP 12A\...\...\...\...\...\....\$ 35.10 22.83

GROUP 13\...\...\...\...\...\.....\$ 32.02 22.83

GROUP 13A\...\...\...\...\...\....\$ 32.29 22.83

GROUP 13B\...\...\...\...\...\....\$ 32.60 22.83

GROUP 13C\...\...\...\...\...\....\$ 33.25 22.83

GROUP 13D\...\...\...\...\...\....\$ 33.57 22.83

GROUP 13E\...\...\...\...\...\....\$ 33.68 22.83

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: Fork Lift (up to and including 10 tons); Partsman (heavy duty
repair shop parts room when needed).

GROUP 2: Conveyor Operator (Handling building material); Hydraulic
Monitor; Mixer Box Operator (Concrete Plant).

GROUP 3: Brakeman; Deckhand; Fireman; Oiler; Oiler/Gradechecker;
Signalman; Switchman; Highline Cableway Signalman; Bargeman; Bunkerman;
Concrete Curing Machine (self-propelled, automatically applied unit on
streets, highways, airports and canals); Leveeman; Roller (5 tons and
under); Tugger Hoist.

GROUP 4: Boom Truck or dual purpose \"A\" Frame Truck (5 tons or less);
Concrete Placing Boom (Building Construction); Dinky Operator; Elevator
Operator; Hoist and/or Winch (one drum); Straddle Truck (Ross Carrier,
Hyster and similar).

GROUP 5: Asphalt Plant Fireman; Compressors, Pumps, Generators and
Welding Machines (\"Bank\" of 9 or more, individually or collectively);
Concrete Pumps or Pumpcrete Guns; Lubrication and Service Engineer
(Grease Rack); Screedman.

GROUP 6: Boom Truck or Dual Purpose \"A\"Frame Truck (over 5 tons);
Combination Loader/Backhoe (up to and including 3/4 cu. yd.); Concrete
Batch Plants (wet or dry); Concrete Cutter, Groover and/or Grinder
(self-propelled unit on streets, highways, airports, and canals);
Conveyor or Concrete Pump (Truck or Equipment Mounted); Drilling
Machinery (not to apply to waterliners, wagon drills or jack hammers);
Fork Lift (over 10 tons); Loader (up to and including 3 and 1/2 cu.
yds); Lull High Lift (under 40 feet); Lubrication and Service Engineer
(Mobile); Maginnis Internal Full Slab Vibrator (on airports, highways,
canals and warehouses); Man or Material Hoist; Mechanical Concrete
Finisher (Large Clary, Johnson Bidwell, Bridge Deck and similar); Mobile
Truck Crane Driver; Portable Shotblast Concrete Cleaning Machine;
Portable Boring Machine (under streets, highways, etc.); Portable
Crusher; Power Jumbo Operator (setting slip forms, etc., in tunnels);
Rollers (over 5 tons); Self-propelled Compactor (single engine);
Self-propelled Pavement Breaker; Skidsteer Loader with attachments; Slip
Form Pumps (Power driven by hydraulic, electric, air, gas, etc., lifting
device for concrete forms); Small Rubber Tired Tractors; Trencher (up to
and including 6 feet); Underbridge Personnel Aerial Platform (50 feet of
platform or less).

GROUP 7: Crusher Plant Engineer, Dozer (D-4, Case 450, John Deere 450,
and similar); Dual Drum Mixer, Extend Lift; Hoist and/or Winch (2
drums); Loader (over 3 and 1/2 cu. yds. up to and including 6 yards.);
Mechanical Finisher or Spreader Machine (asphalt), (Barber Greene and
similar) (Screedman required); Mine or Shaft Hoist; Mobile Concrete
Mixer (over 5 tons); Pipe Bending Machine (pipelines only); Pipe
Cleaning Machine (tractor propelled and supported); Pipe Wrapping
Machine (tractor propelled and supported); Roller Operator (Asphalt);
Self-Propelled Elevating Grade Plane; Slusher Operator; Tractor (with
boom) (D-6, or similar); Trencher (over 6 feet and less than 200 h.p.);
Water Tanker (pulled by Euclids, T-Pulls, DW-10, 20 or 21, or similar);
Winchman (Stern Winch on Dredge).

GROUP 8: Asphalt Plant Operator; Barge Mate (Seagoing); Cast-in-Place
Pipe Laying Machine; Concrete Batch Plant (multiple units); Conveyor
Operator (tunnel); Deckmate; Dozer (D-6 and similar); Finishing Machine
Operator (airports and highways); Gradesetter; Kolman Loader (and
similar); Mucking Machine (Crawler-type); Mucking Machine
(Conveyor-type); No-Joint Pipe Laying Machine; Portable Crushing and
Screening Plant; Power Blade Operator (under 12); Saurman Type Dragline
(up to and including 5 yds.); Stationary Pipe Wrapping, Cleaning and
Bending Machine; Surface Heater and Planer Operator, Tractor (D-6 and
similar); Tri-Batch Paver; Tunnel Badger; Tunnel Mole and/or Boring
Machine Operator Underbridge Personnel Aerial Platform (over 50 feet of
platform).

GROUP 9: Combination Mixer and Compressor (gunite); Do-Mor Loader and
Adams Elegrader; Dozer (D-7 or equal); Wheel and/or Ladder Trencher
(over 6 feet and 200 to 749 h.p.).

GROUP 9A: Dozer (D-8 and similar); Gradesetter (when required by the
Contractor to work from drawings, plans or specifications without the
direct supervision of a foreman or superintendent); Push Cat; Scrapers
(up to and including 20 cu. yds); Self-propelled Compactor with Dozer;
Self-Propelled, Rubber-Tired Earthmoving Equipment (up to and including
20 cu. yds) (621 Band and similar); Sheep\'s Foot; Tractor (D-8 and
similar); Tractors with boom (larger than D-6, and similar).

GROUP 10: Chicago Boom; Cold Planers; Heavy Duty Repairman or Welder;
Hoist and/or Winch (3 drums); Hydraulic Skooper (Koehring and similar);
Loader (over 6 cu. yds. up to and including 12 cu. yds.); Saurman type
Dragline (over 5 cu. yds.); Self-propelled, rubber-tired Earthmoving
Equipment (over 20 cu. yds. up to and including 31 cu. yds.) (637D and
similar); Soil Stabilizer (P & H or equal); Sub-Grader (Gurries or other
automatic type); Tractors (D-9 or equivalent, all attachments); Tractor
(Tandem Scraper); Watch Engineer.

GROUP 10A: Boat Operator; Cable-operated Crawler Crane (up to and
including 25 tons); Cable-operated Power Shovel, Clamshell, Dragline and
Backhoe (up to and including 1 cu. yd.); Dozer D9-L; Dozer (D-10, HD41
and similar) (all attachments); Gradall (up to and including 1 cu. yd.);
Hydraulic Backhoe (over 3/4 cu. yds. up to and including 2 cu. yds.);
Mobile Truck Crane Operator (up to and including 25 tons) (Mobile Truck
Crane Driver Required); Self-propelled Boom Type Lifting Device (Center
Mount) (up to and including 25 tons) (Grove, Drott, P&H, Pettibone and
similar; Trencher (over 6 feet and 750 h.p. or more); Watch Engineer
(steam or electric).

GROUP 11: Automatic Slip Form Paver (concrete or asphalt); Band Wagon
(in conjunction with Wheel Excavator); Cable-operated Crawler Cranes
(over 25 tons but less than 50 tons); Cable-operated Power Shovel,
Clamshell, Dragline and Backhoe (over 1 cu. yd. up to 7 cu. yds.);
Gradall (over 1 cu. yds. up to 7 cu. yds.); DW-10, 20, etc. (Tandem);
Earthmoving Machines (multiple propulsion power units and 2 or more
Scrapers) (up to and including 35 cu. yds.,\" struck\" m.r.c.); Highline
Cableway; Hydraulic Backhoe (over 2 cu. yds. up to and including 4 cu.
yds.); Leverman; Lift Slab Machine; Loader (over 12 cu. yds); Master
Boat Operator; Mobile Truck Crane Operator (over 25 tons but less than
50 tons); (Mobile Truck Crane Driver required); Pre-stress Wire Wrapping
Machine; Self-propelled Boom-type Lifting Device (Center Mount) (over 25
tons m.r.c); Self-propelled Compactor (with multiple-propulsion power
units); Single Engine Rubber Tired Earthmoving Machine (with Tandem
Scraper); Tandem Cats; Trencher (pulling attached shield).

GROUP 12: Clamshell or Dipper Operator; Derricks; Drill Rigs;
Multi-Propulsion Earthmoving Machines (2 or more Scrapers) (over 35 cu.
yds \"struck\"m.r.c.); Operators (Derricks, Piledrivers and Cranes);
Power Shovels and Draglines (7 cu. yds. m.r.c. and over); Self-propelled
rubber-tired Earthmoving equipment (over 31 cu. yds.) (657B and
similar); Wheel Excavator (up to and including 750 cu. yds. per hour);
Wheel Excavator (over 750 cu. yds. per hour).

GROUP 12A: Dozer (D-11 or similar or larger); Hydraulic Excavators (over
4 cu. yds.); Lifting cranes (50 tons and over); Pioneering Dozer/Backhoe
(initial clearing and excavation for the purpose of providing access for
other equipment where the terrain worked involves 1-to-1 slopes that are
50 feet in height or depth, the scope of this work does not include
normal clearing and grubbing on usual hilly terrain nor the excavation
work once the access is provided); Power Blade Operator (Cat 12 or
equivalent or over); Straddle Lifts (over 50 tons); Tower Crane, Mobile;
Traveling Truss Cranes; Universal, Liebher, Linden, and similar types of
Tower Cranes (in the erection, dismantling, and moving of equipment
there shall be an additional Operating Engineer or Heavy Duty
Repairman); Yo-Yo Cat or Dozer.

GROUP 13: Truck Driver (Utility, Flatbed, etc.)

GROUP 13A: Dump Truck, 8 cu.yds. and under (water level); Water Truck
(up to and including 2,000 gallons).

GROUP 13B: Water Truck (over 2,000 gallons); Tandem Dump Truck, over 8
cu. yds. (water level).

GROUP 13C: Truck Driver (Semi-trailer. Rock Cans, Semi-Dump or
Roll-Offs).

GROUP 13D: Truck Driver (Slip-In or Pup).

GROUP 13E: End Dumps, Unlicensed (Euclid, Mack, Caterpillar or similar);
Tractor Trailer (Hauling Equipment); Tandem Trucks hooked up to Trailer
(Hauling Equipment)

BOOMS AND/OR LEADS (HOURLY PREMIUMS):

The Operator of a crane (under 50 tons) with a boom of 80 feet or more
(including jib), or of a crane (under 50 tons) with leads of 100 feet or
more, shall receive a per hour premium for each hour worked on said
crane (under 50 tons) in accordance with the following schedule:

Booms of 80 feet up to but

not including 130 feet or

Leads of 100 feet up to but

not including 130 feet 0.50

Booms and/or Leads of 130 feet

up to but not including 180 feet 0.75

Booms and/or Leads of 180 feet up

to and including 250 feet 1.15

Booms and/or Leads over 250 feet 1.50

The Operator of a crane (50 tons and over) with a boom of 180 feet or
more (including jib) shall receive a per hour premium for each hour
worked on said crane (50 tons and over) in accordance with the following
schedule:

Booms of 180 feet up to

and including 250 feet 1.25

Booms over 250 feet 1.75

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\* ENGI0003-004 09/01/2008

Rates Fringes

Dredging: (Boat Operators)

Boat Deckhand\...\...\...\...\...\$ 32.02 22.83

Boat Operator\...\...\...\...\...\$ 34.23 22.83

Master Boat Operator\...\.....\$ 34.38 22.83

Dredging: (Clamshell or

Dipper Dredging)

GROUP 1\...\...\...\...\...\...\...\$ 34.74 22.83

GROUP 2\...\...\...\...\...\...\...\$ 34.08 22.83

GROUP 3\...\...\...\...\...\...\...\$ 33.68 22.83

GROUP 4\...\...\...\...\...\...\...\$ 32.02 22.83

Dredging: (Derricks)

GROUP 1\...\...\...\...\...\...\...\$ 34.74 22.83

GROUP 2\...\...\...\...\...\...\...\$ 34.08 22.83

GROUP 3\...\...\...\...\...\...\...\$ 33.68 22.83

GROUP 4\...\...\...\...\...\...\...\$ 32.02 22.83

Dredging: (Hydraulic Suction

Dredges)

GROUP 1\...\...\...\...\...\...\...\$ 34.38 22.83

GROUP 2\...\...\...\...\...\...\...\$ 34.23 22.83

GROUP 3\...\...\...\...\...\...\...\$ 34.08 22.83

GROUP 4\...\...\...\...\...\...\...\$ 34.02 22.83

GROUP 5\...\...\...\...\...\...\...\$ 33.68 22.83

GROUP 6\...\...\...\...\...\...\...\$ 33.57 22.83

GROUP 7\...\...\...\...\...\...\...\$ 32.02 22.83

CLAMSHELL OR DIPPER DREDGING CLASSIFICATIONS

GROUP 1: Clamshell or Dipper Operator.

GROUP 2: Mechanic or Welder; Watch Engineer.

GROUP 3: Barge Mate; Deckmate.

GROUP 4: Bargeman; Deckhand; Fireman; Oiler.

HYDRAULIC SUCTION DREDGING CLASSIFICATIONS

GROUP 1: Leverman.

GROUP 2: Watch Engineer (steam or electric).

GROUP 3: Mechanic or Welder.

GROUP 4: Dozer Operator.

GROUP 5: Deckmate.

GROUP 6: Winchman (Stern Winch on Dredge)

GROUP 7: Deckhand (can operate anchor scow under direction of Deckmate);
Fireman; Leveeman; Oiler.

DERRICK CLASSIFICATIONS

GROUP 1: Operators (Derricks, Piledrivers and Cranes).

GROUP 2: Saurman Type Dragline (over 5 cubic yards).

GROUP 3: Deckmate; Saurman Type Dragline (up to and including 5 yards).

GROUP 4: Deckhand, Fireman, Oiler.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\* ENGI0003-044 09/01/2008

Rates Fringes

Power Equipment Operators

(PAVING)

Asphalt Concrete Material

Transfer\...\...\...\...\...\.....\$ 34.47 21.93

Asphalt Plant Operator\...\...\$\$ 34.60 21.93

Asphalt Raker\...\...\...\...\...\$ 33.21 21.93

Asphalt Spreader Operator\...\$ 34.69 21.93

Cold Planer\...\...\...\...\.....\$ 35.00 21.93

Combination Loader/Backhoe

(over 3/4 cu.yd.)\...\...\.....\$ 33.21 21.93

Combination Loader/Backhoe

(up to 3/4 cu.yd.)\...\...\....\$ 32.23 21.93

Concrete Saws and/or

Grinder (self-propelled

unit on streets, highways,

airports and canals)\...\.....\$ 34.17 21.93

Grader\...\...\...\...\...\...\....\$ 35.00 21.93

Laborer, Hand Roller\...\.....\$ 30.44 21.93

Loader (2 1/2 cu. yds. and

under)\...\...\...\...\...\...\....\$ 34.17 21.93

Loader (over 2 1/2 cu.

yds. to and including 5

cu. yds.)\...\...\...\...\...\....\$ 34.49 21.93

Roller Operator (five tons

and under)\...\...\...\...\...\...\$ 32.94 21.93

Roller Operator (over five

tons)\...\...\...\...\...\...\.....\$ 34.37 21.93

Screed Person\...\...\...\...\...\$ 34.17 21.93

Soil Stabilizer\...\...\...\....\$ 35.00 21.93

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

IRON0625-001 09/01/2007

Rates Fringes

Ironworkers:\...\...\...\...\...\...\...\$ 30.00 23.01

a\. Employees will be paid \$.50 per hour more while working in tunnels
and coffer dams; \$1.00 per hour more when required to work under or are
covered with water (submerged) and when they are required to work on the
summit of Mauna Kea, Mauna Loa or Haleakala.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

LABO0368-001 09/01/2008

Rates Fringes

Laborers:

GROUP 1\...\...\...\...\...\...\...\$ 27.25 14.65

GROUP 2\...\...\...\...\...\...\...\$ 24.65 14.65

GROUP 3\...\...\...\...\...\...\...\$ 28.25 14.65

GROUP 4\...\...\...\...\...\...\...\$ 27.75 14.65

GROUP 5\...\...\...\...\...\...\...\$ 26.75 14.65

GROUP 6\...\...\...\...\...\...\...\$ 18.25 10.40

LABORERS CLASSIFICATIONS

GROUP 1: Asbestos Removal Worker (EPA certified workers); Asphalt
Laborer, Ironer, Raker, Luteman, and Handroller, and all types of
Asphalt Spreader Boxes; Asphalt Shoveler; Assembly and Installation of
Multiplates, Liner Plates, Rings, Mesh, Mats; Batching Plant (portable
and temporary); Boring Machine Operator (under streets and sidewalks);
Buggymobile; Burning, Welding, Signalling, Choke Setting, and Rigging in
connection with Laborers\' work (except demolition); Chainsaw, Faller,
Logloader, and Bucker; Compactors (Jackson Jumping Jack and similar);
Concrete Bucket Dumpman; Concrete Chipping; Concrete Chuteman/Hoseman
(pouring concrete) (the handling of the chute from ready-mix trucks for
such jobs as walls, slabs, decks, floors, foundations, footings, curbs,
gutters, and sidewalks); Concrete Core Cutter (Walls, Floors, and
Ceiling); Concrete Grinding or Sanding; Concrete: Hooking on, signaling,
dumping of concrete for treme work over water on caissons, pilings,
abutments, etc.; Concrete: Mixing, handling, conveying, pouring,
vibrating, otherwise placing of concrete or aggregates or by any other
process; Concrete: Operation of motorized wheelbarrows or buggies or
machines of similar character, whether run by gas, diesel, or electric
power; Concrete Placement Machine Operator: operation of Somero
Hammerhead, Copperheads, or similar machines; Concrete Pump Machine
(laying, coupling, uncoupling of all connections and cleaning of
equipment); Concrete and/or Asphalt Saw (Walking or Handtype) (cutting
walls or flatwork) (scoring old or new concrete and/or asphalt) (cutting
for expansion joints) (streets and ways for laying of pipe, cable or
conduit for all purposes); Concrete Shovelers/Laborers (Wet or Dry);
Concrete Screeding for Rough Strike-Off: Rodding or striking-off, by
hand or mechanical means prior to finishing; Concrete Vibrator Operator;
Coring Holes: Walls, footings, piers or other obstructions for passage
of pipes or conduits for any purpose and the pouring of concrete to
secure the hole; Curbing (Concrete and Asphalt); Curing of Concrete
(impervious membrane and form oiler) mortar and other materials by any
mode or method; Cut Granite Curb Setter (setting, leveling and grouting
of all precast concrete or stone curbs); Cutting and Burning Torch
(demolition); Dri Pak-It Machine; Falling, bucking, yarding, loading or
burning of all trees or timber on construction site; Fence and/or
Guardrail Erector; Forklift (9 ft. and under); Grating and Grill work
for drains or other purposes; Green Cutter of concrete or aggregate in
any form, by hand, mechanical means, grindstone or air and/or water;
Grout: Spreading for any purpose; Guinea Chaser (Grade Checker) for
general utility trenches, sitework, and excavation; Headerboard Man
(Asphalt or Concrete); Heat Welder of Plastic (Laborers\' AGC certified
workers) (when work involves waterproofing for waterponds, artificial
lakes and reservoir, or heat welding for sewer pipes); Heavy Highway
Laborer (Rigging, signaling, handling, and installation of pre-cast
catch basins, manholes, curbs and gutters); High Pressure Nozzleman -
Hydraulic Monitor (over 100# pressure); Installation of lightweight
backfill; Jackhammer Operator; Jacking of slip forms: All semi and
unskilled work connected therewithin; Laying of all multi-cell conduit
or multi-purpose pipe; Lead base paint abatement laborers (EPA certified
workers); Magnesite and Mastic Workers (Wet or Dry)(including mixer
operator); Mason Tender,Mortar Man; Mortar Mixer (Block, Brick, Masonry,
and Plastering); Nozzleman (Sandblasting and/or Water Blasting):
handling, placing and opertion of nozzle; Operation, Manual or Hydraulic
jacking of shields and the use of such other mechanical equipment as may
be necessary; Pavement Breakers; Paving, curbing and surfacing of
streets, ways, courts, under and overpasses, bridges, approaches, slope
walls, and all other labor connected therewith; Pilecutters; Pipe
Accessment in place, bolting and lining up of sectional metal or other
pipe including corrugated pipe; Pipelayer performing all services in the
laying and installation of pipe from the point of receiving pipe in the
ditch until completion of operation, including any and all forms of
tubular material, whether pipe, metallic or non-metallic, conduit, and
any other stationary-type of tubular device used for conveying of any
substance or element, whether water, sewage, solid, gas, air, or other
product whatsoever and without regard to the nature of material from
which tubular material is fabricated; No-joint pipe and stripping of
same, Pipewrapper, Caulker, Bander, Kettlemen, and men applying asphalt,
Laykold, treating Creosote and similar-type materials (6-inch) pipe and
over); Piping: resurfacing and paving of all ditches in preparation for
laying of all pipes; Pipe laying of lateral sewer pipe from main or side
sewer to buildings or structure (except Contactor may direct work be
done under proper supervision); Pipe laying, leveling and marking of the
joint used for main or side sewers and storm sewers; Laying of all clay,
terra cotta, ironstone, vitrified concrete or other pipe for drainage;
Placing and setting of water mains, gas mains and all pipe including
removal of skids; Plaster Mortar Mixer/Pump; Pneumatic Impact Wrench;
Portable Sawmill Operation: Choker setters, off bearers, and lumber
handlers connected with clearing; Posthole Digger (Hand Held, Gas, Air
and Electric); Power Broom Sweepers (Small); Preparation and Compaction
of roadbeds for railroad track laying, highway construction, and the
preparation of trenches, footings, etc., for cross-country transmission
by pipelines, electrical transmission or underground lines or cables (by
mechanical means); Raising of structure by manual or hydraulic jacks or
other methods and resetting of structure in new locations, including all
concrete work; Ramming or compaction; Riprap, Stonepaver, and Rock
Slinger (includes placement of stacked concrete, wet or dry and loading,
unloading, signaling, slinging and setting of other similar materials);
Rotary Scarifier (including multiple head concrete chipping Scarifier);
Salamander Heater, Drying of plaster, concrete mortar or other
aggregate; Scaffold Erector Leadman; Scaffolds: (Swing and hanging)
including maintenance thereof; Scaler; Septic Tank/Cesspool and Drain
Fields Digger and Installer; Shredder/Chipper (tree branches, brush,
etc.); Stripping and Setting Forms; Stripping of Forms: Other than panel
forms which are to be re-used in their original form, and stripping of
forms on all flat arch work; Tampers (Barko, Wacker, and similar type);
Tank Scaler and Cleaners; Tarman; Tree Climbers and Trimmers; Trencher
(includes hand-held, Davis T-66 and similar type); Trucks (flatbed up to
and including 2 1/2 tons when used in connection with on-site
Laborers\'work; Trucks (Refuse and Garbage Disposal) (from job site to
dump); Vibra-Screed (Bull Float in connection with Laborers\' work);
Well Points, Installation of or any other dewatering system.

GROUP 2: Air Blasting; Appliance Handling (job site) (after delivery and
unloading in storage area); Asphalt Plant Laborer; Backfilling, Grading
and all other labor connected therewith; Boring Machine; Bridge Laborer;
Burning of all debris (crates, boxes, packaging waste materials);
Chainman, Rodmen, and Grade Markers; Cleaning and Clearing of all
debris; Cleaning, clearing, grading and/or removal for streets,
highways, roadways, aprons, runways, sidewalks, parking areas, airports,
approaches, and other similar installations; Cleaning or reconditioning
of streets, ways, sewers and waterlines, all maintenance work and work
of an unskilled and semi-skilled nature; Cleanup of Grounds and
Buildings (other than \"Light Clean-Up\") (Janitorial Laborer); Clean-up
of right-of-way; Clearing and slashing of brush or trees by hand or
mechanical cutting; Concrete Bucket Tender (Groundman) hooking and
unhooking of bucket; Concrete Forms; moving, cleaning, oiling and
carrying to the next point of erection of all forms; Concrete Products
Plant Laborers; Conveyor Tender (conveying of building materials);
Cribbers, Shorer, Lagging, Sheeting, and Trench Jacking and Bracing,
Hand-Guided Lagging Hammer Whaling Bracing; Crushed Stone Yards and
Gravel and Sand Pit Laborers and all other similar plants; Demolition,
Wrecking and Salvage Laborers: Wrecking and dismantling of buildings and
all structures, with use of cutting or wrecking tools, burning or
cutting, breaking away, cleaning and removal of all masonry, wood or
metal fixtures for salvage or scrap, All hooking, unhooking, signaling
of materials for salvage or scrap removed by crane or derrick; Digging
under streets, roadways, aprons or other paved surfaces; Chuck Tender
Outside Nipper; Dry-packing of concrete (plugging and filling of
she-bolt holes); Excavation, Preparation of street ways and bridges;
Fence and/or Guardrail Erector: Dismantling and/or re-installation of
all fence; Finegrader; Firewatcher; Flagman (Coning, preparing,
stablishing and removing portable roadway barricade devices); Signal Men
on all construction work defined herein, including Traffic Control
Signal Men at construction site; Garbage and Debris Handlers and
Cleaners; Gas, Pneumatic, and Electric Tools, not listed Group 1 (except
Rototiller); General Clean-up: sweeeping, cleaning, washdown, wiping of
construction facility, and equipment (other than \"Light Clean-up\"
\[Janitorial\] Laborer); General Excavation and Grading (all labor
connected therewith); Digging of trenches, ditches and manholes and the
leveling, grading and other preparation prior to laying pipe or conduit
for any purpose; Excavations and foundations for buildings, piers,
foundations and holes, and all other construction; General Laborer;
Ground and Soil Treatment Work (Pest Control); Junk Yard Laborers (same
as Salvage Yard); Landscape Nursery Laborers; Laser Beam \"Target Man\"
in connection with Laborers\' work; Layout Person for Plastic (when work
involves waterproofing for waterponds, artificial lakes and reservoirs);
Limbers, Brush Loaders, and Pilers; Loading, Unloading, carrying,
distributing and handling of all rods and material for use in
reinforcing concrete construction (except when a derrick or outrigger
operated by other than hand power is used); Loading, unloading, sorting,
stockpiling, handling and distribution of water mains, gas mains and all
pipes; Loading and unloading of all materials, fixtures, furnishings and
appliances from point of delivery to stockkpile to point of
installation; hooking and signalling from truck, conveyance or
stockpile; Material Yard Laborers; Pipelayer Tender; Pipewrapper,
Caulker, Bander, Kettlemen, and men applying asphalt, Laykold, Creosote,
and similar-type materials (pipe under 6 inches); Plasterer Laborer
(including Hod Carrier); Preparation, construction and maintenance of
roadbeds and sub-grade for all paving, including excavation, dumping,
and spreading of sub-grade material; Prestressed or precast concrete
slabs, walls, or sections: all loading, unloading, stockpiling, hooking
on of such slabs, walls or sections; Quarry Laborers; Railroad,
Streetcar, and Rail Transit Maintenance and Repair; Removal of surplus
material; Roustabout; Rubbish Trucks in connection with Building
Construction Projects (excluding clearing, grubbing, and excavating);
Salvage Yard: All work connected with cutting, cleaning, storing,
stockpiling or handling of materials, all cleanup, removal of debris,
burning, back-filling and landscaping of the site; Sandblasting (Pot
Tender): Hoses and pots or markers; Scaffolds: Erection, planking and
removal of all scaffolds used for support for lathers, plasters, brick
layers, masons, and other construction trades crafts; Scaffolds:
(Specially designed by carpenters) laborers shall tend said carpenter on
erection and dismantling thereof, preparation for foundation or
mudsills, maintenance; Scraping of floors; Screeds: Handling of all
screeds to be reused; handling, dismantling and conveyance of screeds;
Setting, leveling and securing or bracing of metal or other road forms
and expansion joints; Sheeting Piling/trench shoring (handling and
placing of skip sheet or wood plank trench shoring); Ship Scalers; Sign
Erector (subdivision traffic, regulatory, and street-name signs);
Sloper; Slurry Seal Crews (Mixer Operator, Applicator, Squeegee Man,
Shuttle Man, Top Man); Snapping of wall ties and removal of tie rods;
Soil Test operations of semi and unskilled labor such as filling sand
bags; Striper (Asphalt, Concrete or other Paved Surfaces); Tagging and
Signaling of all building materials into high-rise units; Tool Room
Attendant (Job Site); Traffic Delineating Device Applicator;
Underpinning, lagging, bracing, propping and shoring, loading,
signaling, right-of-way clearance along the route of movement, The
clearance of new site, excavation of foundation when moving a house or
structure from old site to new site; Utilities employees; Water Man;
Waterscape/Hardscape Laborers; Wire Mesh Pulling (all concrete pouring
operations); Wrecking, stripping, dismantling and handling concrete
forms an false work.

GROUP 3: Licensed Powdermen; Driller (Track, Diamond Core, and Wagon)
(Ingersoll-Rand ECM-350/ECM-635/ECM-635/ECM660, Sandvik Pantera HL 1500,
Atlas-Copco ROC 7F); Driller (Joydrill Model TWM-2A, Gardner Denver
Dri-143 and similar type drills) (in accordance with the Memorandum of
Understanding between the Laborers and Operating Engineers dated at
Miami, Florida, February 3, 1954); Driller (Mechanical) (Not ocvered
elsewhere) (including multiple unit) (Ingersoll-Rand
DM45E/DM50E/LM-100/LM-600C, Gardner-Denver SCH2500/SCH3500 BV, Furukawa
HCR-C300, Tamrock Drilltech CHA 800/DHH 850/Tamrock Commando)(similar
and Replacement equipment thereof); Drilling for blasting; Operation of
all rock and concrete drills and Jack Hammers, including handling,
carrying, laying out of hose. (Ingersoll-Rand
DM45E/DM50E/LM-100/LM-600C. Gardner-Denver SCH2500/SCH3500 BV Furukawa
HCR-C300, Tamrock Drilltech CHA 800/DHH 850/Tamrock Commando, Pantera
900, 1100 and 1500, Ranger 700, Super Tiger 700), (similar and
replacement equipment thereof); Drilling (Mechanical) on the site or
along the right-of-way as well as access roads, reservoirs, including
areas adjacent or pertinent to construction sites.

GROUP 4: Gunnite Operator; High Scaler (working suspended), Pipelaying.

GROUP 5: Window Washer (Outside) (Working from bosun\'s chair and/or
cable-suspended scaffold or work platform).

GROUP 6: Light/Final Clean-Up.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

LABO0368-002 09/01/2008

Rates Fringes

Landscape & Irrigation

Laborers

GROUP 1\...\...\...\...\...\...\...\$ 20.46 7.82

GROUP 2\...\...\...\...\...\...\...\$ 20.96 7.82

GROUP 3\...\...\...\...\...\...\...\$ 17.01 7.82

LABORERS CLASSIFICATIONS

GROUP 1: Installation of non-potable permanent or temporary irrigation
water systems performed for the purposes of Landscaping and Irrigation
architectural horticultural work; the installation of drinking fountains
and permanent or temporary irrigation systems using potable water for
Landscaping and Irrigation architectural horticultural purposes only.
This work includes (a) the installation of all heads, risers, valves,
valve boxes, vacuum breakers (pressure and non-pressure), low voltage
electrical lines and, provided such work involves electrical wiring that
will carry 24 volts or less, the installation of sensors, master control
panels, display boards, junction boxes, conductors, including all other
components for controllers, (b) and metallic (copper, brass, galvanized,
or similar) pipe, as well as PVC or other plastic pipe including all
work incidental thereto, i.e., unloading, handling and distribution of
all pipes fittings, tools, materials and equipment, (c) all soldering
work in connection with the above whether done by torch, soldering iron,
or other means; (d) tie-in to main lines, thrust blocks (both precast
and poured in place), pipe hangers and supports incidental to
installation of the entire irrigation system, (e) making of pressure
tests, start-up testing, flushing, purging, water balancing, placing
into operation all irrigation equipment, fixtures and appurtenances
installed under this agreement, and (f) the fabrication, replacement,
repair and servicing oflandscaping and irrigation systems. Operation of
hand-held gas, air, electric, or self-powered tools and equipment used
in the performance of Landscape and Irrigation work in connection with
architectural horticulture; Choke-setting, signaling, and rigging for
equipment operators on job-site in the performance of such Landscaping
and Irrigation work; Concrete work (wet or dry) performed in connection
with such Landscaping and Irrigation work. This work shall also include
the setting of rock, stone, or riprap in connection with such Landscape,
Waterscape, Rockscape, and Irrigation work; Grubbing, pick and shovel
excavation, and hand rolling or tamping in connection with the
performance of such Landscaping and Irrigation work; Sprigging,
handseeding, and planting of trees, shrubs, ground covers, and other
plantings and the performance of all types of gardening and
horticultural work relating to said planting; Operation of flat bed
trucks (up to and including 2 1/2 tons).:

GROUP 2. Layout of irrigation and other non-potable irrigation water
systems and the layout of drinking fountains and other potable
irrigation water systems in connection with such Landscaping and
Irrigation work. This includes the layout of all heads, risers, valves,
valve boxes, vacuum breakers, low voltage electrical lines, hydraulic
and electrical controllers, and metallic (coppers, brass, galvanized, or
similar) pipe, as well as PVC or other plastic pipe. This work also
includes the reading and interpretation of plans and specifications in
connection with the layout of Landscaping, Rockscape, Waterscape, and
Irrigation work; Operation of Hydro-Mulching machines (sprayman and
driver), Drillers, Trenchers (riding type, Davis T-66, and similar) and
fork lifts used in connection with the performance of such Landscaping
and Irrigation work; Tree climbers and chain saw tree trimmers, Sporadic
operation (when used in connection with Landscaping, Rockscape,
Waterscape, and Irrigation work) of Skid-Steer Loaders (Bobcat and
similar), Cranes (Bantam, Grove, and similar), Hoptos, Backhoes,
Loaders, Rollers, and Dozers (Case, John Deere, and similar), Water
Trucks, Trucks requiring a State of Hawaii Public Utilities Commission
Type 5 and/or type 7 license, sit-down type and \"gang\" mowers, and
other self-propelled, sit-down operated machines not listed under
Landscape & Irrigation Maintenance Laborer; Chemical spraying using
self-propelled power spraying equipment (200 gallon capacity or more).

GROUP 3: Maintenance of trees, shrubs, ground covers, lawns and other
planted areas, including the replanting of trees, shrubs, ground covers,
and other plantings that did not \"take\" or which are damaged;
provided, however, that re-planting that requires the use of equipment,
machinery, or power tools shall be paid for at the rate of pay specified
under Landscape and Irrigation Laborer, Group 1; Raking, mowing,
trimming, and runing, including the use of \"weed eaters\", hedge
trimmers, vacuums, blowers, and other hand-held gas, air, electric, or
self-powered tools, and the operation of lawn mowers (Note: The
operation of sit-down type and \"gang\" mowers shall be paid for at the
rate of pay specified under Landscape & Irrigation Laborer, Group 2);
Guywiring, staking, propping, and supporting trees; Fertilizing,
Chemical spraying using spray equipment with less than 200 gallon
capacity, Maintaining irrigation and sprinkler systems, including the
staking, clamping, and adjustment of risers, and the adjustment and/or
replacement of sprinkler heads, (Note: the cleaning and gluing of pipe
and fittings shall be paid for at the rate of pay specified under
Landscape & Irrigation Laborer(Group 1); Watering by hand or sprinkler
system and the peformance of other types of gardening, yardman, and
horticultural-related work.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

LABO0368-003 09/01/2008

Rates Fringes

Underground Laborer

GROUP 1\...\...\...\...\...\...\...\$ 27.85 14.65

GROUP 2\...\...\...\...\...\...\...\$ 29.35 14.65

GROUP 3\...\...\...\...\...\...\...\$ 29.85 14.65

GROUP 4\...\...\...\...\...\...\...\$ 30.85 14.65

GROUP 5\...\...\...\...\...\...\...\$ 31.20 14.65

GROUP 6\...\...\...\...\...\...\...\$ 31.45 14.65

GROUP 7\...\...\...\...\...\...\...\$ 31.90 14.65

GROUP 1: Watchmen; Change House Attendant.

GROUP 2: Swamper; Brakeman; Bull Gang-Muckers, Trackmen; Dumpmen (any
method); Concrete Crew (includes rodding and spreading); Grout Crew;
Reboundmen

GROUP 3: Chucktenders and Cabletenders; Powderman (Prime House);
Vibratorman, Pavement Breakers

GROUP 4: Miners - Tunnel (including top and bottom man on shaft and
raise work); Timberman, Retimberman (wood or steel or substitute
materials thereof); Blasters, Drillers, Powderman (in heading);
Microtunnel Laborer; Headman; Cherry Pickerman (where car is lifted);
Nipper; Grout Gunmen; Grout Pumpman & Potman; Gunite, Shotcrete Gunmen &
Potmen; Concrete Finisher (in tunnel); Concrete Screed Man; Bit Grinder;
Steel Form Raisers & Setters; High Pressure Nozzleman; Nozzleman (on
slick line); Sandblaster-Potman (combination work assignment
interchangeable); Tugger

GROUP 5: Shaft Work & Raise (below actual or excavated ground level);
Diamond Driller; Gunite or Shotcrete Nozzleman; Rodman; Groundman

GROUP 6: Shifter

GROUP 7: Shifter (Shaft Work & Raiser)

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

PAIN1791-001 07/01/2008

Rates Fringes

Painters:

Brush\...\...\...\...\...\...\.....\$ 30.25 21.90

Sandblaster; Spray\...\...\....\$ 30.25 21.90

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

PAIN1889-001 07/01/2008

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Glaziers\...\...\...\...\...\...\...\....\$ 28.80 22.12

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

PAIN1926-001 03/02/2008

Rates Fringes

Soft Floor Layers\...\...\...\...\....\$ 26.00 19.60

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

PAIN1944-001 01/01/2008

Rates Fringes

Taper\...\...\...\...\...\...\...\...\....\$ 36.00 16.30

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

PLAS0630-001 09/03/2007

Rates Fringes

Plasterer\...\...\...\...\...\...\...\...\$ 33.94 16.17

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PLAS0630-002 09/03/2007

Rates Fringes

Cement Masons:

Cement Masons\...\...\...\...\...\$ 33.10 16.17

Trowel Machine Operators\....\$ 33.25 16.17

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

PLUM0675-001 07/06/2008

Rates Fringes

Plumber, Pipefitter,

Steamfitter & Sprinkler Fitter\...\$ 34.10 20.33

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\* ROOF0221-001 09/28/2008

Rates Fringes

Roofers (Including Built Up,

Composition and Single Ply)\...\...\$ 32.35 14.43

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

SHEE0293-001 08/31/2008

Rates Fringes

Sheet metal worker\...\...\...\...\...\$ 36.67 17.92

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

SUHI1997-002 09/15/1997

Rates Fringes

Drapery Installer\...\...\...\...\....\$ 13.60 1.20

FENCE ERECTOR (Chain Link

Fence)\...\...\...\...\...\...\...\...\...\$ 9.33 1.65

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

RIGGERS; WELDERS - Receive rate prescribed for craft performing
operation to which rigging or welding is incidental.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Unlisted classifications needed for work not included within scope of
the classifications listed may be added after only as provided in the
labor standards contract clauses 29 CFR 5.5 (a) (1) (ii)).

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

In the listing above, the \"SU\" designation means that rates listed
under the identifier do not reflect collectively bargained wage and
fringe benefit rates. Other designations indicate unions whose rates
have been determined to be prevailing.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

\* an existing published wage determination

\* a survey underlying a wage determination

\* a Wage and Hour Division letter setting forth a position on a wage
determination matter

\* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for
summaries of surveys, should be with the Wage and Hour Regional Office
for the area in which the survey was conducted because those Regional
Offices have responsibility for the Davis-Bacon survey program. If the
response from this initial contact is not satisfactory, then the process
described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process
described here, initial contact should be with the Branch of
Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested
party (those affected by the action) can request review and
reconsideration from the Wage and Hour Administrator (See 29 CFR Part
1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested
party\'s position and by any information (wage payment data, project
description, area practice material, etc.) that the requestor considers
relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested
party may appeal directly to the Administrative Review Board (formerly
the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

================================================================

END OF GENERAL DECISION

[]{#_TOC_I .anchor}SECTION I \-- Contract Clauses

  ------------- ------------- ------------------------------------------ --------------
  []{#_toc_I1   1452.203-70   Restrictions on Endorsements - Department  July 1996
  .anchor}I.1                 of Interior                                

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

The Contractor shall not refer to contracts awarded by the Department of
the Interior in commercial advertising, as defined in FAR 31.205-1, in a
manner which states or implies that the product or service provided is
approved or endorsed by the Government, or is considered by the
Government to be superior to other products or services. This
restriction is intended to avoid the appearance of preference by the
Government toward any product or service. The Contractor may request the
Contracting Officer to make a determination as to the propriety of
promotional material.

  ------------- ------------- ------------------------------------------ --------------
  []{#_toc_I2   1452.204-70   Release of Claims - Department of Interior July 1996
  .anchor}I.2                                                            

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

\(a\) After completion of work and prior to final payment, the
Contractor shall furnish the Contracting Officer with a release of
claims against the United States relating to this contract. The Release
of Claims form (DI-137) shall be used for this purpose. The form
provides for exception of specified claims from operation of the
release.

  ------------- ------------- ------------------------------------------ --------------
  []{#_toc_I3   1452.215-70   Examination of Records by the Department   April 1984
  .anchor}I.3                 of Interior                                

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

\(a\) For purposes of the Audit and Records - Negotiation clause of this
contract (FAR 52.215-2), the Secretary of the Interior, the Inspector
General, and their duly authorized representative(s) from the Department
of the Interior shall have the same access and examination rights as the
Comptroller General of the United States.

  ------------- ------------- ------------------------------------------ --------------
  []{#_toc_I4   1452.236-70   Prohibition Against Use of Lead-Based      July 1996
  .anchor}I.4                 Paint \--DOI                               

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

\(a\) Paint containing more than .06 percent by weight of lead in paint,
or the equivalent measure of lead in the dried film of paint already
applied, shall not be used in the construction or rehabilitation of
residential structures under this contract or any resulting
subcontracts.

  ------------- ------------- ---------------------------------------- --------------
  []{#_toc_I5   1489.236-73   Archeological Findings                   January 1988
  .anchor}I.5                                                          

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

\(a\) Petroglyphs, artifacts, burial grounds or remains, structural
features, ceremonial, domestic, and archeological objects of any nature,
historic or prehistoric, found within the construction area, are the
property of and will be removed only by the Government. Should
Contractor\'s operations uncover or his employees find any archeological
remains, Contractor shall suspend operations at the site of discovery;
notify Contracting Officer immediately of the findings; and continue
operations in other areas. Included with the notification shall be a
brief statement of the location and details of the findings. Should the
temporary suspension of work at the site result in delays, or the
discovery site require archeological studies resulting in delays or
additional work for Contractor, he will be compensated by an equitable
adjustment under the General Provisions of the Contract.

  ------------- ----------- ------------------------------------------ --------------
  []{#_toc_I6   52.202-01   Definitions (Dec 2001) - Alternate I       May 2001
  .anchor}I.6   Alt I                                                  

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

\(a\) \"Agency head\" or \"head of the agency\" means the Secretary
(Attorney General, Administrator, Governor, Chairperson, or other chief
official, as appropriate) of the agency, unless otherwise indicated,
including any deputy or assistant chief official of the executive
agency.

\(b\) \"Commercial component\" means any component that is a commercial
item.

\(c\) \"Commercial item\" means\--

\(1\) Any item, other than real property, that is of a type customarily
used by the general public or by non-governmental entities for purposes
other than governmental purposes, and that\--

\(i\) Has been sold, leased, or licensed to the general public; or

\(ii\) Has been offered for sale, lease, or license to the general
public;

\(2\) Any item that evolved from an item described in paragraph (c)(1)
of this clause through advances in technology or performance and that is
not yet available in the commercial marketplace, but will be available
in the commercial marketplace in time to satisfy the delivery
requirements under a Government solicitation;

\(3\) Any item that would satisfy a criterion expressed in paragraphs
(c)(1) or (c)(2) of this clause, but for\--

\(i\) Modifications of a type customarily available in the commercial
marketplace; or

\(ii\) Minor modifications of a type not customarily available in the
commercial marketplace made to meet Federal Government requirements.
\"Minor\" modifications means modifications that do not significantly
alter the nongovernmental function or essential physical characteristics
of an item or component, or change the purpose of a process. Factors to
be considered in determining whether a modification is minor include the
value and size of the modification and the comparative value and size of
the final product. Dollar values and percentages may be used as
guideposts, but are not conclusive evidence that a modification is
minor;

\(4\) Any combination of items meeting the requirements of paragraphs
(c)(1), (2), (3), or (5) of this clause that are of a type customarily
combined and sold in combination to the general public;

\(5\) Installation services, maintenance services, repair services,
training services, and other services if\--

\(i\) Such services are procured for support of an item referred to in
paragraph (c)(1), (2), (3), or (4) of this definition, regardless of
whether such services are provided by the same source or at the same
time as the item; and

\(ii\) The source of such services provides similar services
contemporaneously to the general public under terms and conditions
similar to those offered to the Federal Government

\(6\) Services of a type offered and sold competitively in substantial
quantities in the commercial marketplace based on established catalog or
market prices for specific tasks performed under standard commercial
terms and conditions. This does not include services that are sold based
on hourly rates without an established catalog or market price for a
specific service performed. For the purposes of these services\--

\(i\) \"Catalog price\" means a price included in a catalog, price list,
schedule, or other form that is regularly maintained by the manufacturer
or vendor, is either published or otherwise available for inspection by
customers, and states prices at which sales are currently, or were last,
made to a significant number of buyers constituting the general public;
and

\(ii\) \"Market prices\" means current prices that are established in
the course of ordinary trade between buyers and sellers free to bargain
and that can be substantiated through competition or from sources
independent of the offerors.

\(7\) Any item, combination of items, or service referred to in
subparagraphs (c)(1) through (c)(6), notwithstanding the fact that the
item, combination of items, or service is transferred between or among
separate divisions, subsidiaries, or affiliates of a Contractor; or

\(8\) A nondevelopmental item, if the procuring agency determines the
item was developed exclusively at private expense and sold in
substantial quantities, on a competitive basis, to multiple State and
local Governments.

\(d\) \"Component\" means any item supplied to the Government as part of
an end item or of another component, except that for use in 52.225-9,
and 52.225-11 see the definitions in 52.225-9(a) and 52.225-11(a).

\(e\) \"Contracting Officer\" means a person with the authority to enter
into, administer, and/or terminate contracts and make related
determinations and findings. The term includes certain authorized
representatives of the Contracting Officer acting within the limits of
their authority as delegated by the Contracting Officer.

\(f\) \"Nondevelopmental item\" means-

\(1\) Any previously developed item of supply used exclusively for
governmental purposes by a Federal agency, a State or local government,
or a foreign government with which the United States has a mutual
defense cooperation agreement;

\(2\) Any item described in paragraph (f)(1) of this definition that
requires only minor modification or modifications of a type customarily
available in the commercial marketplace in order to meet the
requirements of the procuring department or agency; or

\(3\) Any item of supply being produced that does not meet the
requirements of paragraph (f)(1) or (f)(2) solely because the item is
not yet in use.

  ------------- ----------- ------------------------------------------ --------------
  []{#_toc_I7   52.203-03   Gratuities                                 April 1984
  .anchor}I.7                                                          

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

\(a\) The right of the Contractor to proceed may be terminated by
written notice if, after notice and hearing, the agency head or a
designee determines that the Contractor, its agent, or another
representative\--

\(1\) Offered or gave a gratuity (e.g., an entertainment or gift) to an
officer, official, or employee of the Government; and

\(2\) Intended, by the gratuity, to obtain a contract or favorable
treatment under a contract.

\(b\) The facts supporting this determination may be reviewed by any
court having lawful jurisdiction.

\(c\) If this contract is terminated under paragraph (a) of this clause,
the Government is entitled\--

\(1\) To pursue the same remedies as in a breach of the contract; and

\(2\) In addition to any other damages provided by law, to exemplary
damages of not less than 3 nor more than 10 times the cost incurred by
the Contractor in giving gratuities to the person concerned, as
determined by the agency head or a designee. (This subparagraph (c)(2)
is applicable only if this contract uses money appropriated to the
Department of Defense.)

\(d\) The rights and remedies of the Government provided in this clause
shall not be exclusive and are in addition to any other rights and
remedies provided by law or under this contract.

  ------------- ----------- ------------------------------------------ --------------
  []{#_toc_I8   52.203-05   Covenant Against Contingent Fees           April 1984
  .anchor}I.8                                                          

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

\(a\) The Contractor warrants that no person or agency has been employed
or retained to solicit or obtain this contract upon an agreement or
understanding for a contingent fee, except a bona fide employee or
agency. For breach or violation of this warranty, the Government shall
have the right to annul this contract without liability or, in its
discretion, to deduct from the contract price or consideration, or
otherwise recover, the full amount of the contingent fee.

\(b\) \"Bona fide agency,\" as used in this clause, means an established
commercial or selling agency, maintained by a contractor for the purpose
of securing business, that neither exerts nor proposes to exert improper
influence to solicit or obtain Government contracts nor holds itself out
as being able to obtain any Government contract or contracts through
improper influence.

\"Bona fide employee,\" as used in this clause, means a person, employed
by a contractor and subject to the contractor\'s supervision and control
as to time, place, and manner of performance, who neither exerts nor
proposes to exert improper influence to solicit or obtain Government
contracts nor holds out as being able to obtain any Government contract
or contracts through improper influence.

\"Contingent fee,\" as used in this clause, means any commission,
percentage, brokerage, or other fee that is contingent upon the success
that a person or concern has in securing a Government contract.

\"Improper influence,\" as used in this clause, means any influence that
induces or tends to induce a Government employee or officer to give
consideration or to act regarding a Government contract on any basis
other than the merits of the matter.

  ------------- ----------- ------------------------------------------ --------------
  []{#_toc_I9   52.203-06   Restrictions on Subcontractor Sales to the September 2006
  .anchor}I.9               Government                                 

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

\(a\) Except as provided in (b) of this clause, the Contractor shall not
enter into any agreement with an actual or prospective subcontractor,
nor otherwise act in any manner, which has or may have the effect of
restricting sales by such subcontractors directly to the Government of
any item or process (including computer software) made or furnished by
the subcontractor under this contract or under any follow-on production
contract.

\(b\) The prohibition in (a) of this clause does not preclude the
Contractor from asserting rights that are otherwise authorized by law or
regulation.

\(c\) The Contractor agrees to incorporate the substance of this clause,
including this paragraph (c), in all subcontracts under this contract
which exceed the simplified acquisition threshold.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I10   52.203-07   Anti-Kickback Procedures                   July 1995
  .anchor}I.10                                                          

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

\(a\) Definitions.

\"Kickback,\" as used in this clause, means any money, fee, commission,
credit, gift, gratuity, thing of value, or compensation of any kind
which is provided, directly or indirectly, to any prime Contractor,
prime Contractor employee, subcontractor, or subcontractor employee for
the purpose of improperly obtaining or rewarding favorable treatment in
connection with a prime contract or in connection with a subcontract
relating to a prime contract.

\"Person,\" as used in this clause, means a corporation, partnership,
business association of any kind, trust, joint-stock company, or
individual.

\"Prime contract,\" as used in this clause, means a contract or
contractual action entered into by the United States for the purpose of
obtaining supplies, materials, equipment, or services of any kind.

\"Prime Contractor,\" as used in this clause, means a person who has
entered into a prime contract with the United States.

\"Prime Contractor employee,\" as used in this clause, means any
officer, partner, employee, or agent of a prime Contractor.

\"Subcontract,\" as used in this clause, means a contract or contractual
action entered into by a prime Contractor or subcontractor for the
purpose of obtaining supplies, materials, equipment, or services of any
kind under a prime contract.

\"Subcontractor,\" as used in this clause, (1) means any person, other
than the prime Contractor, who offers to furnish or furnishes any
supplies, materials, equipment, or services of any kind under a prime
contract or a subcontract entered into in connection with such prime
contract, and (2) includes any person who offers to furnish or furnishes
general supplies to the prime Contractor or a higher tier subcontractor.

\"Subcontractor employee,\" as used in this clause, means any officer,
partner, employee, or agent of a subcontractor.

\(b\) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act),
prohibits any person from -

\(1\) Providing or attempting to provide or offering to provide any
kickback;

\(2\) Soliciting, accepting, or attempting to accept any kickback; or

\(3\) Including, directly or indirectly, the amount of any kickback in
the contract price charged by a prime Contractor to the United States or
in the contract price charged by a subcontractor to a prime Contractor
or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable
procedures designed to prevent and detect possible violations described
in paragraph (b) of this clause in its own operations and direct
business relationships.

\(2\) When the Contractor has reasonable grounds to believe that a
violation described in paragraph (b) of this clause may have occurred,
the Contractor shall promptly report in writing the possible violation.
Such reports shall be made to the inspector general of the contracting
agency, the head of the contracting agency if the agency does not have
an inspector general, or the Department of Justice.

\(3\) The Contractor shall cooperate fully with any Federal agency
investigating a possible violation described in paragraph (b) of this
clause.

\(4\) The Contracting Officer may (i) offset the amount of the kickback
against any monies owed by the United States under the prime contract
and/or (ii) direct that the Prime Contractor withhold, from sums owed a
subcontractor under the prime contract, the amount of any kickback. The
Contracting Officer may order the monies withheld under subdivision
(c)(4)(ii) of this clause be paid over to the Government unless the
Government has already offset those monies under subdivision (c)(4)(i)
of this clause. In either case, the Prime Contractor shall notify the
Contracting Officer when the monies are withheld.

\(5\) The Contractor agrees to incorporate the substance of this clause,
including this subparagraph (c)(5) but excepting subparagraph (c)(1), in
all subcontracts under this contract which exceed \$100,000.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I11   52.203-08   Cancellation, Rescission, and Recovery of  January 1997
  .anchor}I.11               Funds for Illegal or Improper Activity     

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

\(a\) If the Government receives information that a contractor or a
person has engaged in conduct constituting a violation of subsection
(a), (b), (c), or (d) of Section 27 of the Office of Federal Procurement
Policy Act (41 U.S.C. 423) (the Act), as amended by section 4304 of the
1996 National Defense Authorization Act for Fiscal Year 1996 (Pub. L.
104-106), the Government may\--

\(1\) Cancel the solicitation, if the contract has not yet been awarded
or issued; or

\(2\) Rescind the contract with respect to which\--

\(i\) The Contractor or someone acting for the Contractor has been
convicted for an offense where the conduct constitutes a violation of
subsection 27 (a) or (b) of the Act for the purpose of either\--

\(A\) Exchanging the information covered by such subsections for
anything of value; or

\(B\) Obtaining or giving anyone a competitive advantage in the award of
a Federal agency procurement contract; or

\(ii\) The head of the contracting activity has determined, based upon a
preponderance of the evidence, that the Contractor or someone acting for
the Contractor has engaged in conduct constituting an offense punishable
under subsections 27(e)(1) of the Act.

\(b\) If the Government rescinds the contract under paragraph (a) of
this clause, the Government is entitled to recover, in addition to any
penalty prescribed by law, the amount expended under the contract.

\(c\) The rights and remedies of the Government specified herein are not
exclusive, and are in addition to any other rights and remedies provided
by law, regulation, or under this contract.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I12   52.203-10   Price or Fee Adjustment for Illegal or     January 1997
  .anchor}I.12               Improper Activity                          

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

\(a\) The Government, at its election, may reduce the price of a
fixed-price type contract and the total cost and fee under a cost-type
contract by the amount of profit or fee determined as set forth in
paragraph (b) of this clause if the head of the contracting activity or
designee determines that there was a violation of subsection 27 (a),
(b), or (c) of the Office of Federal Procurement Policy Act, as amended
(41 U.S.C. 423), as implemented in section 3.104 of the Federal
Acquisition Regulation.

\(b\) The price or fee reduction referred to in paragraph (a) of this
clause shall be\--

\(1\) For cost-plus-fixed-fee contracts, the amount of the fee specified
in the contract at the time of award;

\(2\) For cost-plus-incentive-fee contracts, the target fee specified in
the contract at the time of award, notwithstanding any minimum fee or
\"fee floor\" specified in the contract;

\(3\) For cost-plus-award-fee contracts\--

\(i\) The base fee established in the contract at the time of contract
award;

\(ii\) If no base fee is specified in the contract, 30 percent of the
amount of each award fee otherwise payable to the Contractor for each
award fee evaluation period or at each award fee determination point.

\(4\) For fixed-price-incentive contracts, the Government may\--

\(i\) Reduce the contract target price and contract target profit both
by an amount equal to the initial target profit specified in the
contract at the time of contract award; or

\(ii\) If an immediate adjustment to the contract target price and
contract target profit would have a significant adverse impact on the
incentive price revision relationship under the contract, or adversely
affect the contract financing provisions, the Contracting Officer may
defer such adjustment until establishment of the total final price of
the contract. The total final price established in accordance with the
incentive price revision provisions of the contract shall be reduced by
an amount equal to the initial target profit specified in the contract
at the time of contract award and such reduced price shall be the total
final contract price.

\(5\) For firm-fixed-price contracts, by 10 percent of the initial
contract price or a profit amount determined by the Contracting Officer
from records or documents in existence prior to the date of the contract
award.

\(c\) The Government may, at its election, reduce a prime contractor\'s
price or fee in accordance with the procedures of paragraph (b) of this
clause for violations of the Act by its subcontractors by an amount not
to exceed the amount of profit or fee reflected in the subcontract at
the time the subcontract was first definitively priced.

\(d\) In addition to the remedies in paragraphs (a) and (c) of this
clause, the Government may terminate this contract for default. The
rights and remedies of the Government specified herein are not
exclusive, and are in addition to any other rights and remedies provided
by law or under this contract.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I13   52.203-12   Limitation on Payments to Influence        September 2007
  .anchor}I.13               Certain Federal Transactions               

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

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

"Agency" means "executive agency" as defined in Federal Acquisition
Regulation (FAR) 2.101.

"Covered Federal action" means any of the following actions:

\(1\) Awarding any Federal contract.

\(2\) Making any Federal grant.

\(3\) Making any Federal loan.

\(4\) Entering into any cooperative agreement.

\(5\) Extending, continuing, renewing, amending, or modifying any
Federal contract, grant, loan, or cooperative agreement.

"Indian tribe" and "tribal organization" have the meaning provided in
section 4 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b) and include Alaskan Natives.

"Influencing or attempting to influence" means making, with the intent
to influence, any communication to or appearance before 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 in connection with any
covered Federal action.

"Local government" means a unit of government in a State and, if
chartered, established, or otherwise recognized by a State for the
performance of a governmental duty, including a local public authority,
a special district, an intrastate district, a council of governments, a
sponsor group representative organization, and any other instrumentality
of a local government.

"Officer or employee of an agency" includes the following individuals
who are employed by an agency:

\(1\) An individual who is appointed to a position in the Government
under Title 5, United States Code, including a position under a
temporary appointment.

\(2\) A member of the uniformed services, as defined in subsection
101(3), Title 37, United States Code.

\(3\) A special Government employee, as defined in section 202, Title
18, United States Code.

\(4\) An individual who is a member of a Federal advisory committee, as
defined by the Federal Advisory Committee Act, Title 5, United States
Code, appendix 2.

"Person" means an individual, corporation, company, association,
authority, firm, partnership, society, State, and local government,
regardless of whether such entity is operated for profit, or not for
profit. This term excludes an Indian tribe, tribal organization, or any
other Indian organization eligible to receive Federal contracts, grants,
cooperative agreements, or loans from an agency, but only with respect
to expenditures by such tribe or organization that are made for purposes
specified in paragraph (b) of this clause and are permitted by other
Federal law.

"Reasonable compensation" means, with respect to a regularly employed
officer or employee of any person, compensation that is consistent with
the normal compensation for such officer or employee for work that is
not furnished to, not funded by, or not furnished in cooperation with
the Federal Government.

"Reasonable payment" means, with respect to professional and other
technical services, a payment in an amount that is consistent with the
amount normally paid for such services in the private sector.

"Recipient" includes the Contractor and all subcontractors. This term
excludes an Indian tribe, tribal organization, or any other Indian
organization eligible to receive Federal contracts, grants, cooperative
agreements, or loans from an agency, but only with respect to
expenditures by such tribe or organization that are made for purposes
specified in paragraph (b) of this clause and are permitted by other
Federal law.

"Regularly employed" means, with respect to an officer or employee of a
person requesting or receiving a Federal contract, an officer or
employee who is employed by such person for at least 130 working days
within 1 year immediately preceding the date of the submission that
initiates agency consideration of such person for receipt of such
contract. An officer or employee who is employed by such person for less
than 130 working days within 1 year immediately preceding the date of
the submission that initiates agency consideration of such person shall
be considered to be regularly employed as soon as he or she is employed
by such person for 130 working days.

"State" means a State of the United States, the District of Columbia, or
an outlying area of the United States, an agency or instrumentality of a
State, and multi-State, regional, or interstate entity having
governmental duties and powers.

\(b\) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal
contract, grant, loan, or cooperative agreement from using appropriated
funds to pay 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 in
connection with any covered Federal actions. In accordance with 31
U.S.C. 1352 the Contractor shall not use appropriated funds to pay 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 in connection with the award of
this contractor the extension, continuation, renewal, amendment, or
modification of this contract.

\(1\) The term appropriated funds does not include profit or fee from a
covered Federal action.

\(2\) To the extent the Contractor can demonstrate that the Contractor
has sufficient monies, other than Federal appropriated funds, the
Government will assume that these other monies were spent for any
influencing activities that would be unallowable if paid for with
Federal appropriated funds.

\(c\) Exceptions. The prohibition in paragraph (b) of this clause does
not apply under the following conditions:

\(1\) Agency and legislative liaison by Contractor employees. (i)
Payment of reasonable compensation made to an officer or employee of the
Contractor if the payment is for agency and legislative liaison
activities not directly related to this contract. For purposes of this
paragraph, providing any information specifically requested by an agency
or Congress is permitted at any time.

\(ii\) Participating with an agency in discussions that are not related
to a specific solicitation for any covered Federal action, but that
concern---

\(A\) The qualities and characteristics (including individual
demonstrations) of the person's products or services, conditions or
terms of sale, and service capabilities; or

\(B\) The application or adaptation of the person's products or services
for an agency's use.

\(iii\) Providing prior to formal solicitation of any covered Federal
action any information not specifically requested but necessary for an
agency to make an informed decision about initiation of a covered
Federal action;

\(iv\) Participating in technical discussions regarding the preparation
of an unsolicited proposal prior to its official submission; and

\(v\) Making capability presentations prior to formal solicitation of
any covered Federal action by persons seeking awards from an agency
pursuant to the provisions of the Small Business Act, as amended by Pub.
L. 95-507, and subsequent amendments.

\(2\) Professional and technical services. (i) A payment of reasonable
compensation made to an officer or employee of a person requesting or
receiving a covered Federal action or an extension, continuation,
renewal, amendment, or modification of a covered Federal action, if
payment is for professional or technical services rendered directly in
the preparation, submission, or negotiation of any bid, proposal, or
application for that Federal action or for meeting requirements imposed
by or pursuant to law as a condition for receiving that Federal action.

\(ii\) Any reasonable payment to a person, other than an officer or
employee of a person requesting or receiving a covered Federal action or
an extension, continuation, renewal, amendment, or modification of a
covered Federal action if the payment is for professional or technical
services rendered directly in the preparation, submission, or
negotiation of any bid, proposal, or application for that Federal action
or for meeting requirements imposed by or pursuant to law as a condition
for receiving that Federal action. Persons other than officers or
employees of a person requesting or receiving a covered Federal action
include consultants and trade associations.

\(iii\) As used in paragraph (c)(2) of this clause, "professional and
technical services" are limited to advice and analysis directly applying
any professional or technical discipline (for examples, see FAR
3.803(a)(2)(iii)).

\(iv\) Requirements imposed by or pursuant to law as a condition for
receiving a covered Federal award include those required by law or
regulation and any other requirements in the actual award documents.

\(3\) Only those communications and services expressly authorized by
paragraphs (c)(1) and (2) of this clause are permitted.

\(d\) Disclosure. (1) If the Contractor did not submit OMB Standard Form
LLL, Disclosure of Lobbying Activities, with its offer, but registrants
under the Lobbying Disclosure Act of 1995 have subsequently made a
lobbying contact on behalf of the Contractor with respect to this
contract, the Contractor shall complete and submit OMB Standard Form LLL
to provide the name of the lobbying registrants, including the
individuals performing the services.

\(2\) If the Contractor did submit OMB Standard Form LLL disclosure
pursuant to paragraph (d) of the provision at FAR 52.203-11,
Certification and Disclosure Regarding Payments to Influence Certain
Federal Transactions, and a change occurs that affects Block 10 of the
OMB Standard Form LLL (name and address of lobbying registrant or
individuals performing services), the Contractor shall, at the end of
the calendar quarter in which the change occurs, submit to the
Contracting Officer within 30 days an updated disclosure using OMB
Standard Form LLL.

\(e\) Penalties. (1) Any person who makes an expenditure prohibited
under paragraph (b) of this clause or who fails to file or amend the
disclosure to be filed or amended by paragraph (d) of this clause shall
be subject to civil penalties as provided for by 31 U.S.C. 1352. An
imposition of a civil penalty does not prevent the Government from
seeking any other remedy that may be applicable.

\(2\) Contractors may rely without liability on the representation made
by their subcontractors in the certification and disclosure form.

\(f\) Cost allowability. Nothing in this clause makes allowable or
reasonable any costs which would otherwise be unallowable or
unreasonable. Conversely, costs made specifically unallowable by the
requirements in this clause will not be made allowable under any other
provision.

\(g\) Subcontracts. (1) The Contractor shall obtain a declaration,
including the certification and disclosure in paragraphs (c) and (d) of
the provision at FAR 52.203-11, Certification and Disclosure Regarding
Payments to Influence Certain Federal Transactions, from each person
requesting or receiving a subcontract exceeding \$100,000 under this
contract. The Contractor or subcontractor that awards the subcontract
shall retain the declaration.

\(2\) A copy of each subcontractor disclosure form (but not
certifications) shall be forwarded from tier to tier until received by
the prime Contractor. The prime Contractor shall, at the end of the
calendar quarter in which the disclosure form is submitted by the
subcontractor, submit to the Contracting Officer within 30 days a copy
of all disclosures. Each subcontractor certification shall be retained
in the subcontract file of the awarding Contractor.

\(3\) The Contractor shall include the substance of this clause,
including this paragraph (g), in any subcontract exceeding \$100,000.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I14   52.203-13   Contractor Code of Business Ethics and     December 2007
  .anchor}I.14               Conduct                                    

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

\(a\) Definition.

"United States," as used in this clause, means the 50 States, the
District of Columbia, and outlying areas.

\(b\) Code of business ethics and conduct. (1) Within 30 days after
contract award, unless the Contracting Officer establishes a longer time
period, the Contractor shall---

\(i\) Have a written code of business ethics and conduct; and

\(ii\) Provide a copy of the code to each employee engaged in
performance of the contract.

\(2\) The Contractor shall promote compliance with its code of business
ethics and conduct.

\(c\) Awareness program and internal control system for other than small
businesses. This paragraph (c) does not apply if the Contractor has
represented itself as a small business concern pursuant to the award of
this contract. The Contractor shall establish within 90 days after
contract award, unless the Contracting Officer establishes a longer time
period---

\(1\) An ongoing business ethics and business conduct awareness program;
and

\(2\) An internal control system.

\(i\) The Contractor's internal control system shall---

\(A\) Facilitate timely discovery of improper conduct in connection with
Government contracts; and

\(B\) Ensure corrective measures are promptly instituted and carried
out.

\(ii\) For example, the Contractor's internal control system should
provide for---

\(A\) Periodic reviews of company business practices, procedures,
policies, and internal controls for compliance with the Contractor's
code of business ethics and conduct and the special requirements of
Government contracting;

\(B\) An internal reporting mechanism, such as a hotline, by which
employees may report suspected instances of improper conduct, and
instructions that encourage employees to make such reports;

\(C\) Internal and/or external audits, as appropriate; and

\(D\) Disciplinary action for improper conduct.

\(d\) Subcontracts. The Contractor shall include the substance of this
clause, including this paragraph (d), in subcontracts that have a value
in excess of \$5,000,000 and a performance period of more than 120 days,
except when the subcontract---

\(1\) Is for the acquisition of a commercial item; or

\(2\) Is performed entirely outside the United States.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I15   52.203-14   Display of Hotline Poster(s)               December 2007
  .anchor}I.15                                                          

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

\(a\) Definition.

\"United States,\" as used in this clause, means the 50 States, the
District of Columbia, and outlying areas.

\(b\) Display of fraud hotline poster(s). Except as provided in
paragraph (c)-

\(1\) During contract performance in the United States, the Contractor
shall prominently display in common work areas within business segments
performing work under this contract and at contract work sites-

\(i\) Any agency fraud hotline poster or Department of Homeland Security
(DHS) fraud hotline poster identified in paragraph (b)(3) of this
clause; and

\(ii\) Any DHS fraud hotline poster subsequently identified by the
Contracting Officer.

\(2\) Additionally, if the Contractor maintains a company website as a
method of providing information to employees, the Contractor shall
display an electronic version of the poster(s) at the website.

\(3\) Any required posters may be obtained as follows: Dowloadable
hotline posters as well as instruction for obtaining a hard copy poster
are availalbe at http://www.doioig.gov/hotline

\(c\) If the Contractor has implemented a business ethics and conduct
awareness program, including a reporting mechanism, such as a hotline
poster, then the Contractor need not display any agency fraud hotline
posters as required in paragraph

\(b\) of this clause, other than any required DHS posters.

\(d\) Subcontracts. The Contractor shall include the substance of this
clause, including this paragraph (d), in all subcontracts that exceed
\$5,000,000, except when the subcontract-

\(1\) Is for the acquisition of a commercial item; or

\(2\) Is performed entirely outside the United States.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I16   52.204-02   Security Requirements (Aug 1996) -         April 1984
  .anchor}I.16   Alt II      Alternate II                               

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

\(a\) This clause applies to the extent that this contract involves
access to information classified \"Confidential,\" \"Secret,\" or \"Top
Secret.\"

\(b\) The Contractor shall comply with\--

\(1\) the Security Agreement (DD Form 441), including the National
Industrial Security Program Operating Manual (DOD 5220.22-M), and

\(2\) any revisions to that manual, notice of which has been furnished
to the Contractor.

\(c\) If, subsequent to the date of this contract, the security
classification or security requirements under this contract are changed
by the Government and if the changes cause an increase or decrease in
security costs or otherwise affect any other term or condition of this
contract, the contract shall be subject to an equitable adjustment as if
the changes were directed under the Changes clause of this contract.

\(d\) The Contractor agrees to insert terms that conform substantially
to the language of this clause, including this paragraph (d) but
excluding any reference to the Changes clause of this contract, in all
subcontracts under this contract that involve access to classified
information.

\(e\) The Contractor shall be responsible for furnishing to each
employee and for requiring each employee engaged on the work to display
such identification as may be approved and directed by the Contracting
Officer. All prescribed identification shall immediately be delivered to
the Contracting Officer, for cancellation upon the release of any
employee. When required by the Contracting Officer, the Contractor shall
obtain and submit fingerprints of all persons employed or to be employed
on the project.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I17   52.204-04   Printed or Copied Double-Sided on Recycled August 2000
  .anchor}I.17               Paper                                      

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

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

\"Postconsumer material\" means a material or finished product that has
served its intended use and has been discarded for disposal or recovery,
having completed its life as a consumer item. Postconsumer material is a
part of the broader category of \"recovered material.\" For paper and
paper products, postconsumer material means \"postconsumer fiber\"
defined by the U.S. Environmental Protection Agency (EPA) as---

\(1\) Paper, paperboard, and fibrous materials from retail stores,
office buildings, homes, and so forth, after they have passed through
their end-usage as a consumer item, including: used corrugated boxes;
old newspapers; old magazines; mixed waste paper; tabulating cards; and
used cordage; or

\(2\) All paper, paperboard, and fibrous materials that enter and are
collected from municipal solid waste; but not

\(3\) Fiber derived from printers\' over-runs, converters\' scrap, and
over-issue publications.

\"Printed or copied double-sided\" means printing or reproducing a
document so that information is on both sides of a sheet of paper.

\"Recovered material,\" for paper and paper products, is defined by EPA
in its Comprehensive Procurement Guideline as \"recovered fiber\" and
means the following materials:

\(1\) Postconsumer fiber; and

\(2\) Manufacturing wastes such as---

\(i\) Dry paper and paperboard waste generated after completion of the
papermaking process (that is, those manufacturing operations up to and
including the cutting and trimming of the paper machine reel into
smaller rolls or rough sheets) including: envelope cuttings, bindery
trimmings, and other paper and paperboard waste resulting from printing,
cutting, forming, and other converting operations; bag, box, and carton
manufacturing wastes; and butt rolls, mill wrappers, and rejected unused
stock; and

\(ii\) Repulped finished paper and paperboard from obsolete inventories
of paper and paperboard manufacturers, merchants, wholesalers, dealers,
printers, converters, or others.

\(b\) In accordance with Section 101 of Executive Order 13101 of
September 14, 1998, Greening the Government through Waste Prevention,
Recycling, and Federal Acquisition, the Contractor is encouraged to
submit paper documents, such as offers, letters, or reports, that are
printed or copied double-sided on recycled paper that meet minimum
content standards specified in Section 505 of Executive Order 13101,
when not using electronic commerce methods to submit information or data
to the Government.

\(c\) If the Contractor cannot purchase high-speed copier paper, offset
paper, forms bond, computer printout paper, carbonless paper, file
folders, white wove envelopes, writing and office paper, book paper,
cotton fiber paper, and cover stock meeting the 30 percent postconsumer
material standard for use in submitting paper documents to the
Government, it should use paper containing no less than 20 percent
postconsumer material. This lesser standard should be used only when
paper meeting the 30 percent postconsumer material standard is not
obtainable at a reasonable price or does not meet reasonable performance
standards.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I18   52.204-07   Central Contractor Registration            April 2008
  .anchor}I.18                                                          

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

\(a\) 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 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-

\(i\) Via the Internet at http://fedgov.dnb.com/webform or if the
offeror does not have internet access, it may call Dun and Bradstreet at
1-866-705-5711 if located within the United States; or

\(ii\) If located outside the United States, by contacting the local Dun
and Bradstreet office. The offeror should indicate that it is an offeror
for a U.S. Government contract when 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.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I19   52.209-06   Protecting the Government\'s Interest When September 2006
  .anchor}I.19               Subcontracting with Contractors Debarred,  
                             Suspended, or Proposed for Debarment       

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

\(a\) The Government suspends or debars Contractors to protect the
Government\'s interests. The Contractor shall not enter into any
subcontract in excess of \$30,000 with a Contractor that is debarred,
suspended, or proposed for debarment unless there is a compelling reason
to do so.

\(b\) The Contractor shall require each proposed first-tier
subcontractor, whose subcontract will exceed \$30,000, to disclose to
the Contractor, in writing, whether as of the time of award of the
subcontract, the subcontractor, or its principles, is or is not
debarred, suspended, or proposed for debarment by the Federal
Government.

\(c\) A corporate officer or a designee of the Contractor shall notify
the Contracting Officer, in writing, before entering into a subcontract
with a party that is debarred, suspended, or proposed for debarment (see
FAR 9.404 for information on the Excluded Parties List System). The
notice must include the following:

\(1\) The name of the subcontractor.

\(2\) The Contractor\'s knowledge of the reasons for the subcontractor
being on the Excluded Parties List System.

\(3\) The compelling reason(s) for doing business with the subcontractor
notwithstanding its inclusion on the Excluded Parties List System.

\(4\) The systems and procedures the Contractor has established to
ensure that it is fully protecting the Government\'s interests when
dealing with such subcontractor in view of the specific basis for the
party\'s debarment, suspension, or proposed debarment.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I20   52.215-02   Audit and Records\--Negotiation            June 1999
  .anchor}I.20                                                          

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

\(a\) As used in this clause, \"records\" includes books, documents,
accounting procedures and practices, and other data, regardless of type
and regardless of whether such items are in written form, in the form of
computer data, or in any other form.

\(b\) Examination of costs. If this is a cost-reimbursement, incentive,
time-and-materials, labor-hour, or price redeterminable contract, or any
combination of these, the Contractor shall maintain and the Contracting
Officer, or an authorized representative of the Contracting Officer,
shall have the right to examine and audit all records and other evidence
sufficient to reflect properly all costs claimed to have been incurred
or anticipated to be incurred directly or indirectly in performance of
this contract. This right of examination shall include inspection at all
reasonable times of the Contractor\'s plants, or parts of them, engaged
in performing the contract.

\(c\) Cost or pricing data. If the Contractor has been required to
submit cost or pricing data in connection with any pricing action
relating to this contract, the Contracting Officer, or an authorized
representative of the Contracting Officer, in order to evaluate the
accuracy, completeness, and currency of the cost or pricing data, shall
have the right to examine and audit all of the Contractor\'s records,
including computations and projections, related to\--

\(1\) The proposal for the contract, subcontract, or modification;

\(2\) The discussions conducted on the proposal(s), including those
related to negotiating;

\(3\) Pricing of the contract, subcontract, or modification; or

\(4\) Performance of the contract, subcontract or modification.

\(d\) Comptroller General\--(1) The Comptroller General of the United
States, or an authorized representative, shall have access to and the
right to examine any of the Contractor\'s directly pertinent records
involving transactions related to this contract or a subcontract
hereunder.

\(2\) This paragraph may not be construed to require the Contractor or
subcontractor to create or maintain any record that the Contractor or
subcontractor does not maintain in the ordinary course of business or
pursuant to a provision of law.

\(e\) Reports. If the Contractor is required to furnish cost, funding,
or performance reports, the Contracting Officer or an authorized
representative of the Contracting Officer shall have the right to
examine and audit the supporting records and materials, for the purpose
of evaluating

\(1\) The effectiveness of the Contractor\'s policies and procedures to
produce data compatible with the objectives of these reports; and

\(2\) The data reported.

\(f\) Availability. The Contractor shall make available at its office at
all reasonable times the records, materials, and other evidence
described in paragraphs (a), (b), (c), (d), and (e) of this clause, for
examination, audit, or reproduction, until 3 years after final payment
under this contract or for any shorter period specified in Subpart 4.7,
Contractor Records Retention, of the Federal Acquisition Regulation
(FAR), or for any longer period required by statute or by other clauses
of this contract. In addition\--

\(1\) If this contract is completely or partially terminated, the
Contractor shall make available the records relating to the work
terminated until 3 years after any resulting final termination
settlement; and

\(2\) The Contractor shall make available records relating to appeals
under the Disputes clause or to litigation or the settlement of claims
arising under or relating to this contract until such appeals,
litigation, or claims are finally resolved.

\(g\) The Contractor shall insert a clause containing all the terms of
this clause, including this paragraph (g), in all subcontracts under
this contract that exceed the simplified acquisition threshold, and\--

\(1\) That are cost-reimbursement, incentive, time-and-materials,
labor-hour, or price-redeterminable type or any combination of these;

\(2\) For which cost or pricing data are required; or

\(3\) That require the subcontractor to furnish reports as discussed in
paragraph (e) of this clause.

The clause may be altered only as necessary to identify properly the
contracting parties and the Contracting Officer under the Government
prime contract.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I21   52.215-08   Order of Precedence\--Uniform Contract     October 1997
  .anchor}I.21               Format                                     

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

Any inconsistency in this solicitation or contract shall be resolved by
giving precedence in the following order:

\(a\) The Schedule (excluding the specifications).

\(b\) Representations and other instructions.

\(c\) Contract clauses.

\(d\) Other documents, exhibits, and attachments.

\(e\) The specifications.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I22   52.215-10   Price Reduction for Defective Cost or      October 1997
  .anchor}I.22               Pricing Data                               

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

\(a\) If any price, including profit or fee, negotiated in connection
with this contract, or any cost reimbursable under this contract, was
increased by any significant amount because\--

\(1\) The Contractor or a subcontractor furnished cost or pricing data
that were not complete, accurate, and current as certified in its
Certificate of Current Cost or Pricing Data;

\(2\) A subcontractor or prospective subcontractor furnished the
Contractor cost or pricing data that were not complete, accurate, and
current as certified in the Contractor\'s Certificate of Current Cost or
Pricing Data; or

\(3\) Any of these parties furnished data of any description that were
not accurate, the price or cost shall be reduced accordingly and the
contract shall be modified to reflect the reduction.

\(b\) Any reduction in the contract price under paragraph (a) of this
clause due to defective data from a prospective subcontractor that was
not subsequently awarded the subcontract shall be limited to the amount,
plus applicable overhead and profit markup, by which\--

\(1\) The actual subcontract; or

\(2\) The actual cost to the Contractor, if there was no subcontract,
was less than the prospective subcontract cost estimate submitted by the
Contractor; provided, that the actual subcontract price was not itself
affected by defective cost or pricing data.

(c)(1) If the Contracting Officer determines under paragraph (a) of this
clause that a price or cost reduction should be made, the Contractor
agrees not to raise the following matters as a defense:

\(i\) The Contractor or subcontractor was a sole source supplier or
otherwise was in a superior bargaining position and thus the price of
the contract would not have been modified even if accurate, complete,
and current cost or pricing data had been submitted.

\(ii\) The Contracting Officer should have known that the cost or
pricing data in issue were defective even though the Contractor or
subcontractor took no affirmative action to bring the character of the
data to the attention of the Contracting Officer.

\(iii\) The contract was based on an agreement about the total cost of
the contract and there was no agreement about the cost of each item
procured under the contract.

\(iv\) The Contractor or subcontractor did not submit a Certificate of
Current Cost or Pricing Data.

(2)(i) Except as prohibited by subdivision (c)(2)(ii) of this clause, an
offset in an amount determined appropriate by the Contracting Officer
based upon the facts shall be allowed against the amount of a contract
price reduction if\--

\(A\) The Contractor certifies to the Contracting Officer that, to the
best of the Contractor\'s knowledge and belief, the Contractor is
entitled to the offset in the amount requested; and

\(B\) The Contractor proves that the cost or pricing data were available
before the \`\`as of\'\' date specified on its Certificate of Current
Cost or Pricing Data, and that the data were not submitted before such
date.

\(ii\) An offset shall not be allowed if\--

\(A\) The understated data were known by the Contractor to be
understated before the \`\`as of\'\' date specified on its Certificate
of Current Cost or Pricing Data; or

\(B\) The Government proves that the facts demonstrate that the contract
price would not have increased in the amount to be offset even if the
available data had been submitted before the \`\`as of\'\' date
specified on its Certificate of Current Cost or Pricing Data.

\(d\) If any reduction in the contract price under this clause reduces
the price of items for which payment was made prior to the date of the
modification reflecting the price reduction, the Contractor shall be
liable to and shall pay the United States at the time such overpayment
is repaid\--

\(1\) Simple interest on the amount of such overpayment to be computed
from the date(s) of overpayment to the Contractor to the date the
Government is repaid by the Contractor at the applicable underpayment
rate effective for each quarter prescribed by the Secretary of the
Treasury under 26 U.S.C. 6621(a)(2); and

\(2\) A penalty equal to the amount of the overpayment, if the
Contractor or subcontractor knowingly submitted cost or pricing data
that were incomplete, inaccurate, or noncurrent.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I23   52.215-11   Price Reduction for Defective Cost or      October 1997
  .anchor}I.23               Pricing Data\--Modifications               

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

\(a\) This clause shall become operative only for any modification to
this contract involving a pricing adjustment expected to exceed the
threshold for submission of cost or pricing data at FAR 15.403-4, except
that this clause does not apply to any modification if an exception
under FAR 15.403-1 applies.

\(b\) If any price, including profit or fee, negotiated in connection
with any modification under this clause, or any cost reimbursable under
this contract, was increased by any significant amount because (1) the
Contractor or a subcontractor furnished cost or pricing data that were
not complete, accurate, and current as certified in its Certificate of
Current Cost or Pricing Data, (2) a subcontractor or prospective
subcontractor furnished the Contractor cost or pricing data that were
not complete, accurate, and current as certified in the Contractor\'s
Certificate of Current Cost or Pricing Data, or (3) any of these parties
furnished data of any description that were not accurate, the price or
cost shall be reduced accordingly and the contract shall be modified to
reflect the reduction. This right to a price reduction is limited to
that resulting from defects in data relating to modifications for which
this clause becomes operative under paragraph (a) of this clause.

\(c\) Any reduction in the contract price under paragraph (b) of this
clause due to defective data from a prospective subcontractor that was
not subsequently awarded the subcontract shall be limited to the amount,
plus applicable overhead and profit markup, by which\--

\(1\) The actual subcontract; or

\(2\) The actual cost to the Contractor, if there was no subcontract,
was less than the prospective subcontract cost estimate submitted by the
Contractor; provided, that the actual subcontract price was not itself
affected by defective cost or pricing data.

(d)(1) If the Contracting Officer determines under paragraph (b) of this
clause that a price or cost reduction should be made, the Contractor
agrees not to raise the following matters as a defense:

\(i\) The Contractor or subcontractor was a sole source supplier or
otherwise was in a superior bargaining position and thus the price of
the contract would not have been modified even if accurate, complete,
and current cost or pricing data had been submitted.

\(ii\) The Contracting Officer should have known that the cost or
pricing data in issue were defective even though the Contractor or
subcontractor took no affirmative action to bring the character of the
data to the attention of the Contracting Officer.

\(iii\) The contract was based on an agreement about the total cost of
the contract and there was no agreement about the cost of each item
procured under the contract.

\(iv\) The Contractor or subcontractor did not submit a Certificate of
Current Cost or Pricing Data.

(2)(i) Except as prohibited by subdivision (d)(2)(ii) of this clause, an
offset in an amount determined appropriate by the Contracting Officer
based upon the facts shall be allowed against the amount of a contract
price reduction if\--

\(A\) The Contractor certifies to the Contracting Officer that, to the
best of the Contractor\'s knowledge and belief, the Contractor is
entitled to the offset in the amount requested; and

\(B\) The Contractor proves that the cost or pricing data were available
before the \`\`as of\'\' date specified on its Certificate of Current
Cost or Pricing Data, and that the data were not submitted before such
date.

\(ii\) An offset shall not be allowed if\--

\(A\) The understated data were known by the Contractor to be
understated before the \`\`as of\'\' date specified on its Certificate
of Current Cost or Pricing Data; or

\(B\) The Government proves that the facts demonstrate that the contract
price would not have increased in the amount to be offset even if the
available data had been submitted before the \`\`as of\'\' date
specified on its Certificate of Current Cost or Pricing Data.

\(e\) If any reduction in the contract price under this clause reduces
the price of items for which payment was made prior to the date of the
modification reflecting the price reduction, the Contractor shall be
liable to and shall pay the United States at the time such overpayment
is repaid\--

\(1\) Simple interest on the amount of such overpayment to be computed
from the date(s) of overpayment to the Contractor to the date the
Government is repaid by the Contractor at the applicable underpayment
rate effective for each quarter prescribed by the Secretary of the
Treasury under 26 U.S.C. 6621(a)(2); and

\(2\) A penalty equal to the amount of the overpayment, if the
Contractor or subcontractor knowingly submitted cost or pricing data
that were incomplete, inaccurate, or noncurrent.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I24   52.215-12   Subcontractor Cost or Pricing Data         October 1997
  .anchor}I.24                                                          

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

\(a\) Before awarding any subcontract expected to exceed the threshold
for submission of cost or pricing data at FAR 15.403-4, on the date of
agreement on price or the date of award, whichever is later; or before
pricing any subcontract modification involving a pricing adjustment
expected to exceed the threshold for submission of cost or pricing data
at FAR 15.403-4, the Contractor shall require the subcontractor to
submit cost or pricing data (actually or by specific identification in
writing), unless an exception under FAR 15.403-1 applies.

\(b\) The Contractor shall require the subcontractor to certify in
substantially the form prescribed in FAR 15.406-2 that, to the best of
its knowledge and belief, the data submitted under paragraph (a) of this
clause were accurate, complete, and current as of the date of agreement
on the negotiated price of the subcontract or subcontract modification.

\(c\) In each subcontract that exceeds the threshold for submission of
cost or pricing data at FAR 15.403-4, when entered into, the Contractor
shall insert either\--

\(1\) The substance of this clause, including this paragraph (c), if
paragraph (a) of this clause requires submission of cost or pricing data
for the subcontract; or

\(2\) The substance of the clause at FAR 52.215-13, Subcontractor Cost
or Pricing Data\--Modifications.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I25   52.215-13   Subcontractor Cost or Pricing              October 1997
  .anchor}I.25               Data\--Modifications                       

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

\(a\) The requirements of paragraphs (b) and (c) of this clause shall\--

\(1\) Become operative only for any modification to this contract
involving a pricing adjustment expected to exceed the threshold for
submission of cost or pricing data at FAR 15.403-4; and

\(2\) Be limited to such modifications.

\(b\) Before awarding any subcontract expected to exceed the threshold
for submission of cost or pricing data at FAR 15.403-4, on the date of
agreement on price or the date of award, whichever is later; or before
pricing any subcontract modification involving a pricing adjustment
expected to exceed the threshold for submission of cost or pricing data
at FAR 15.403-4, the Contractor shall require the subcontractor to
submit cost or pricing data (actually or by specific identification in
writing), unless an exception under FAR 15.403-1 applies.

\(c\) The Contractor shall require the subcontractor to certify in
substantially the form prescribed in FAR 15.406-2 that, to the best of
its knowledge and belief, the data submitted under paragraph (b) of this
clause were accurate, complete, and current as of the date of agreement
on the negotiated price of the subcontract or subcontract modification.

\(d\) The Contractor shall insert the substance of this clause,
including this paragraph (d), in each subcontract that exceeds the
threshold for submission of cost or pricing data at FAR 15.403-4 on the
date of agreement on price or the date of award, whichever is later.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I26   52.217-07   Option for Increased Quantity-Separately   March 1989
  .anchor}I.26               Priced Line Item                           

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

The Government may require the delivery of the numbered line item,
identified in the Schedule as an option item, in the quantity and at the
price stated in the Schedule. The Contracting Officer may exercise the
option by written notice to the Contractor within 60 calendar days after
award. Delivery of added items shall continue at the same rate that like
items are called for under the contract, unless the parties otherwise
agree.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I27   52.219-03   Notice of Total HUBZone Set-Aside          January 1999
  .anchor}I.27                                                          

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

\(a\) Definition. \"HUBZone small business concern,\" as used in this
clause, means a small business concern that appears on the List of
Qualified HUBZone Small Business Concerns maintained by the Small
Business Administration.

\(b\) General. (1) Offers are solicited only from HUBZone small business
concerns. Offers received from concerns that are not HUBZone small
business concerns shall not be considered.

\(2\) Any award resulting from this solicitation will be made to a
HUBZone small business concern.

\(c\) Agreement. A HUBZone small business concern agrees that in the
performance of the contract, in the case of a contract for-

\(1\) Services (except construction), at least 50 percent of the cost of
personnel for contract performance will be spent for employees of the
concern or employees of other HUBZone small business concerns;

\(2\) Supplies (other than acquisition from a non-manufacturer of the
supplies), at least 50 percent of the cost of manufacturing, excluding
the cost of materials, will be performed by the concern or other HUBZone
small business concerns;

\(3\) General construction, at least 15 percent of the cost of the
contract performance incurred for personnel will be spent on the
concern\'s employees or the employees of other HUBZone small business
concerns; or

\(4\) Construction by special trade contractors, at least 25 percent of
the cost of the contract performance incurred for personnel will be
spent on the concern\'s employees or the employees of other HUBZone
small business concerns.

\(d\) A HUBZone joint venture agrees that, in the performance of the
contract, the applicable percentage specified in

paragraph (c) of this clause will be performed by the HUBZone small
business participant or participants.

\(e\) A HUBZone small business concern nonmanufacturer agrees to furnish
in performing this contract only end items manufactured or produced by
HUBZone small business manufacturer concerns. This paragraph does not
apply in connection with construction or service contracts.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I28   52.219-08   Utilization of Small Business Concerns     May 2004
  .anchor}I.28                                                          

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

\(a\) It is the policy of the United States that small business
concerns, veteran-owned small business concerns, service-disabled
veteran-owned small business concerns, HUBZone small business concerns,
small disadvantaged business concerns, and women-owned small business
concerns shall have the maximum practicable opportunity to participate
in performing contracts let by any Federal agency, including contracts
and subcontracts for subsystems, assemblies, components, and related
services for major systems. It is further the policy of the United
States that its prime contractors establish procedures to ensure the
timely payment of amounts due pursuant to the terms of their
subcontracts with small business concerns, veteran-owned small business
concerns, service-disabled veteran-owned small business concerns,
HUBZone small business concerns, small disadvantaged business concerns,
and women-owned small business concerns.

\(b\) The Contractor hereby agrees to carry out this policy in the
awarding of subcontracts to the fullest extent consistent with efficient
contract performance. The Contractor further agrees to cooperate in any
studies or surveys as may be conducted by the United States Small
Business Administration or the awarding agency of the United States as
may be necessary to determine the extent of the contractor\'s compliance
with this clause.

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

\"HUBZone small business concern\" means a small business concern that
appears on the List of Qualified HUBZone Small Business Concerns
maintained by the Small Business Administration.

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

\(1\) Means a small business concern-

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

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

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

\"Small business concern\" means a small business as defined pursuant to
Section 3 of the Small Business Act and relevant regulations promulgated
pursuant thereto.

\"Small disadvantaged business concern\" means a small business concern
that represents, as part of its offer that-

\(1\) It has received certification as a small disadvantaged business
concern consistent with 13 CFR part 124, Subpart B;

\(2\) No material change in disadvantaged ownership and control has
occurred since its certification;

\(3\) Where the concern is owned by one or more individuals, the net
worth of each individual upon whom the certification is based does not
exceed \$750,000 after taking into account the applicable exclusions set
forth at 13 CFR 124.104(c)(2); and

\(4\) It is identified, on the date of its representation, as a
certified small disadvantaged business in the database maintained by the
Small Business Administration (PRO-Net).

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

\(1\) Not less than 51 percent of which is owned by one or more veterans
(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one
or more veterans; and

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

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

\(1\) 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.

\(d\) Contractors acting in good faith may rely on written
representations by their subcontractors regarding their status as a
small business concern, a veteran-owned small business concern, a
service-disabled veteran-owned small business concern, a HUBZone small
business concern, a small disadvantaged business concern, or a
women-owned small business concern.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I29   52.222-03   Convict Labor                              June 2003
  .anchor}I.29                                                          

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

\(a\) Except as provided in paragraph (b) of this clause, the Contractor
shall not employ in the performance of this contract any person
undergoing a sentence of imprisonment imposed by any court of a State,
the District of Columbia, Puerto Rico, the Northern Mariana Islands,
American Samoa, Guam, or the U.S. Virgin Islands.

\(b\) The Contractor is not prohibited from employing persons---

\(1\) On parole or probation to work at paid employment during the term
of their sentence;

\(2\) Who have been pardoned or who have served their terms; or

\(3\) Confined for violation of the laws of any of the States, the
District of Columbia, Puerto Rico, the Northern Mariana Islands,
American Samoa, Guam, or the U.S. Virgin Islands who are authorized to
work at paid employment in the community under the laws of such
jurisdiction, if\--

\(i\) The worker is paid or is in an approved work training program on a
voluntary basis;

\(ii\) Representatives of local union central bodies or similar labor
union organizations have been consulted;

\(iii\) Such paid employment will not result in the displacement of
employed workers, or be applied in skills, crafts, or trades in which
there is a surplus

of available gainful labor in the locality, or impair existing contracts
for services;

\(iv\) The rates of pay and other conditions of employment will not be
less than those paid or provided for work of a similar nature in the
locality in which the work is being performed; and

\(v\) The Attorney General of the United States has certified that the
work-release laws or regulations of the jurisdiction involved are in
conformity with the requirements of Executive Order 11755, as amended by
Executive Orders 12608 and 12943.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I30   52.222-04   Contract Work Hours and Safety Standards   July 2005
  .anchor}I.30               Act - Overtime Compensation                

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

\(a\) Overtime requirements. No Contractor or subcontractor employing
laborers or mechanics (see Federal Acquisition Regulation 22.300) shall
require or permit them to work over 40 hours in any workweek unless they
are paid at least 1 and 1/2 times the basic rate of pay for each hour
worked over 40 hours.

\(b\) Violation; liability for unpaid wages; liquidated damages. The
responsible Contractor and subcontractor are liable for unpaid wages if
they violate the terms in paragraph (a) of this clause. In addition, the
Contractor and subcontractor are liable for liquidated damages payable
to the Government. The Contracting Officer will assess liquidated
damages at the rate of \$10 per affected employee for each calendar day
on which the employer required or permitted the employee to work in
excess of the standard workweek of 40 hours without paying overtime
wages required by the Contract Work Hours and Safety Standards Act.

\(c\) Withholding for unpaid wages and liquidated damages. The
Contracting Officer will withhold from payments due under the contract
sufficient funds required to satisfy any Contractor or subcontractor
liabilities for unpaid wages and liquidated damages. If amounts withheld
under the contract are insufficient to satisfy Contractor or
subcontractor liabilities, the Contracting Officer will withhold
payments from other Federal or Federally assisted contracts held by the
same Contractor that are subject to the Contract Work Hours and Safety
Standards Act.

\(d\) Payrolls and basic records. (1) The Contractor and its
subcontractors shall maintain payrolls and basic payroll records for all
laborers and mechanics working on the contract during the contract and
shall make them available to the Government until 3 years after contract
completion. The records shall contain the name and address of each
employee, social security number, labor classifications, hourly rates of
wages paid, daily and weekly number of hours worked, deductions made,
and actual wages paid. The records need not duplicate those required for
construction work by Department of Labor regulations at 29 CFR 5.5(a)(3)
implementing the Davis-Bacon Act.

\(2\) The Contractor and its subcontractors shall allow authorized
representatives of the Contracting Officer or the Department of Labor to
inspect, copy, or transcribe records maintained under paragraph (d)(1)
of this clause. The Contractor or subcontractor also shall allow
authorized representatives of the Contracting Officer or Department of
Labor to interview employees in the workplace during working hours.

\(e\) Subcontracts. The Contractor shall insert the provisions set forth
in paragraphs (a) through (d) of this clause in subcontracts that may
require or involve the employment of laborers and mechanics and require
subcontractors to include these provisions in any such lower tier
subcontracts. The Contractor shall be responsible for compliance by any
subcontractor or lower-tier subcontractor with the provisions set forth
in paragraphs (a) through (d) of this clause.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I31   52.222-06   Davis-Bacon Act                            July 2005
  .anchor}I.31                                                          

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

\(a\) Definition.---"Site of the work"--- (1) Means---

\(i\) The primary site of the work. The physical place or places where
the construction called for in the contract will remain when work on it
is completed; and

\(ii\) The secondary site of the work, if any. Any other site where a
significant portion of the building or work is constructed,

provided that such site is---

\(A\) Located in the United States; and

\(B\) Established specifically for the performance of the contract or
project;

\(2\) Except as provided in paragraph (3) of this definition, includes
any fabrication plants, mobile factories, batch plants, borrow pits, job
headquarters, tool yards, etc., provided---

\(i\) They are dedicated exclusively, or nearly so, to performance of
the contract or project; and

\(ii\) They are adjacent or virtually adjacent to the "primary site of
the work" as defined in paragraph (a)(1)(i), or the "secondary site of
the work" as defined in paragraph (a)(1)(ii) of this definition;

\(3\) Does not include permanent home offices, branch plant
establishments, fabrication plants, or tool yards of a Contractor or
subcontractor whose locations and continuance in operation are
determined wholly without regard to a particular Federal contract or
project. In addition, fabrication plants, batch plants, borrow pits, job
headquarters, yards, etc., of a commercial or material supplier which
are established by a supplier of materials for the project before
opening of bids and not on the Project site, are not included in the
"site of the work." Such permanent, previously established facilities
are not a part of the "site of the work" even if the operations for a
period of time may be dedicated exclusively or nearly so, to the
performance of a contract.

(b)(1) All laborers and mechanics employed or working upon the site of
the work will be paid unconditionally and not less often than once a
week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR part 3)), the full
amount of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of Labor which is
attached hereto and made a part hereof, or as may be incorporated for a
secondary site of the work, regardless of any contractual relationship
which may be alleged to exist between the Contractor and such laborers
and mechanics. Any wage determination incorporated for a secondary site
of the work shall be effective from the first day on which work under
the contract was performed at that site and shall be incorporated
without any adjustment in contract price

or estimated cost. Laborers employed by the construction Contractor or
construction subcontractor that are transporting portions of the
building or work between the secondary site of the work and the primary
site of the work shall be paid in accordance with the wage determination
applicable to the primary site of the work.

\(2\) Contributions made or costs reasonably anticipated for bona fide
fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf
of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (e) of this clause;
also, regular contributions made or costs incurred for more than a
weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be
constructively made or incurred during such period.

\(3\) Such laborers and mechanics shall be paid not less than the
appropriate wage rate and fringe benefits in the wage determination for
the classification of work actually performed, without regard to skill,
except as provided in the clause entitled Apprentices and Trainees.
Laborers or

mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time
actually worked therein; provided that the employer's payroll records
accurately set forth the time spent in each classification in which work
is performed.

\(4\) The wage determination (including any additional classifications
and wage rates conformed under paragraph (c) of this clause) and the
Davis-Bacon poster (WH-1321) shall be posted at all times by the
Contractor and its subcontractors at the primary site of the work and
the secondary site of the work, if any, in a prominent and accessible
place where it can be easily seen by the workers.

(c)(1) The Contracting Officer shall require that any class of laborers
or mechanics which is not listed in the wage determination and which is
to be employed under the contract shall be classified in conformance
with the wage determination. The Contracting Officer shall approve an
additional classification and wage rate and fringe benefits therefor
only when all the following criteria have been met:

\(i\) The work to be performed by the classification requested is not
performed by a classification in the wage determination.

\(ii\) The classification is utilized in the area by the construction
industry.

\(iii\) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in the wage
determination.

\(2\) If the Contractor and the laborers and mechanics to be employed in
the classification (if known), or their representatives, and the
Contracting Officer agree on the classification and wage rate (including
the amount designated for fringe benefits, where appropriate), a report
of the action taken shall be sent by the Contracting Officer to the
Administrator of the:

Wage and Hour Division

Employment Standards Administration

U.S. Department of Labor

Washington, DC 20210

The Administrator or an authorized representative will approve, modify,
or disapprove every additional classification action within 30 days of
receipt and so advise the Contracting Officer or will notify the
Contracting Officer within the 30-day period that additional time is
necessary.

\(3\) In the event the Contractor, the laborers or mechanics to be
employed in the classification, or their representatives, and the
Contracting Officer do not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits, where
appropriate), the Contracting

Officer shall refer the questions, including the views of all interested
parties and the recommendation of the Contracting Officer, to the
Administrator of the Wage and Hour Division for determination. The
Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the Contracting
Officer or will notify the Contracting Officer within the 30-day period
that additional time is necessary.

\(4\) The wage rate (including fringe benefits, where appropriate)
determined pursuant to paragraphs (c)(2) and (c)(3) of this clause shall
be paid to all workers performing work in the classification under this
contract from the first day on which work is performed in the
classification.

\(d\) Whenever the minimum wage rate prescribed in the contract for a
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the Contractor shall either pay the benefit
as stated in the wage determination or shall pay another bona fide
fringe benefit or an

hourly cash equivalent thereof.

\(e\) If the Contractor does not make payments to a trustee or other
third person, the Contractor may consider as part of the wages of any
laborer mechanic the amount of any costs reasonably anticipated in
providing bona fide fringe benefits under a plan or program; provided,
That the Secretary of Labor has found, upon the written request of the
Contractor, that the applicable standards of the Davis-Bacon Act have
been met. The Secretary of Labor may require the Contractor to set aside
in a separate account assets for the meeting of obligations under the
plan or program.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I32   52.222-07   Withholding of Funds                       February 1988
  .anchor}I.32                                                          

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

The Contracting Officer shall, upon his or her own action or upon
written request of an authorized representative of the Department of
Labor, withhold or cause to be withheld from the Contractor under this
contract or any other Federal contract with the same Prime Contractor,
or any other Federally assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same Prime
Contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the Contractor or any
subcontractor the full amount of wages required by the contract. In the
event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of the
work, all or part of the wages required by the contract, the Contracting
Officer may, after written notice to the Contractor, take such action as
may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I33   52.222-08   Payrolls and Basic Records                 February 1988
  .anchor}I.33                                                          

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

\(a\) Payrolls and basic records relating thereto shall be maintained by
the Contractor during the course of the work and preserved for a period
of 3 years thereafter for all laborers and mechanics working at the site
of the work. Such records shall contain the name, address, and social
security number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of
the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily
and weekly number of hours worked, deductions made, and actual wages
paid. Whenever the Secretary of Labor has found, under paragraph (d) of
the clause entitled Davis-Bacon Act, that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in section
1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records
which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan
or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the applicable
programs.

(b)(1) The Contractor shall submit weekly for each week in which any
contract work is performed a copy of all payrolls to the Contracting
Officer. The payrolls submitted shall set out accurately and completely
all of the information required to be maintained under paragraph (a) of
this clause. This information may be submitted in any form desired.
Optional Form WH-347 (Federal Stock Number 029-005-00014-1) is available
for this purpose and may be purchased from the Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402. The
Prime Contractor is responsible for the submission of copies of payrolls
by all subcontractors.

\(2\) Each payroll submitted shall be accompanied by a \"Statement of
Compliance,\" signed by the Contractor or subcontractor or his or her
agent who pays or supervises the payment of the persons employed under
the contract and shall certify\--

\(i\) That the payroll for the payroll period contains the information
required to be maintained under paragraph (a) of this clause and that
such information is correct and complete;

\(ii\) That each laborer or mechanic (including each helper, apprentice,
and trainee) employed on the contract during the payroll period has been
paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions
as set forth in the Regulations, 29 CFR Part 3; and

\(iii\) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the
classification of work performed, as specified in the applicable wage
determination incorporated into the contract.

\(3\) The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form WH-347 shall satisfy the
requirement for submission of the \"Statement of Compliance\" required
by subparagraph (b)(2) of this clause.

\(4\) The falsification of any of the certifications in this clause may
subject the Contractor or subcontractor to civil or criminal prosecution
under Section 1001 of Title 18 and Section 3729 of Title 31 of the
United States Code.

\(c\) The Contractor or subcontractor shall make the records required
under paragraph (a) of this clause available for inspection, copying, or
transcription by the Contracting Officer or authorized representatives
of the Contracting Officer or the Department of Labor. The Contractor or
subcontractor shall permit the Contracting Officer or representatives of
the Contracting Officer or the Department of Labor to interview
employees during working hours on the job. If the Contractor or
subcontractor fails to submit required records or to make them
available, the Contracting Officer may, after written notice to the
Contractor, take such action as may be necessary to cause the suspension
of any further payment. Furthermore, failure to submit the required
records upon request or to make such records available may be grounds
for debarment action pursuant to 29 CFR 5.12.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I34   52.222-09   Apprentices and Trainees                   July 2005
  .anchor}I.34                                                          

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

\(a\) Apprentices. (1) An apprentice will be permitted to work at less
than the predetermined rate for the work performed when employed---

\(i\) Pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of Apprenticeship
Training, Employer, and Labor Services (OATELS) or with a State
Apprenticeship Agency recognized by the OATELS; or

\(ii\) In the first 90 days of probationary employment as an apprentice
in such an apprenticeship program, even though not individually
registered in the program, if certified by the OATELS or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an

apprentice.

\(2\) The allowable ratio of apprentices to journeymen on the job site
in any craft classification shall not be greater than the ratio
permitted to the Contractor as to the entire work force under the
registered program.

\(3\) Any worker listed on a payroll at an apprentice wage rate, who is
not registered or otherwise employed as stated in paragraph (a)(1) of
this clause, shall be paid not less than the applicable wage
determination for the classification of work actually performed. In
addition, any apprentice performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the work
actually performed.

\(4\) Where a Contractor is performing construction on a project in a
locality other than that in which its program is registered, the ratios
and wage rates (expressed in percentages of the journeyman's hourly
rate) specified in the Contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less
than the rate specified in the registered program for the apprentice's
level of progress, expressed as a percentage of the journeyman hourly
rate specified in the applicable wage determination.

\(5\) Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship program
does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the
applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination.

\(6\) In the event OATELS, or a State Apprenticeship Agency recognized
by OATELS, withdraws approval of an apprenticeship program, the
Contractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the work performed until an
acceptable program is approved.

\(b\) Trainees. (1) Except as provided in 29 CFR 5.16, trainees will not
be permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and
Training Administration, Office of Apprenticeship Training, Employer,
and Labor Services (OATELS). The ratio of trainees to journeymen on the
job site shall not be greater than permitted under the plan approved by
OATELS.

\(2\) Every trainee must be paid at not less than the rate specified in
the approved program for the trainee's level of progress, expressed as a
percentage of the journeyman hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe benefits in accordance
with the provisions of the trainee program. If the trainee program does
not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed in the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage
rate in the wage determination which provides for less than full fringe
benefits for apprentices.

Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the OATELS
shall be paid not less than the applicable wage rate in the wage
determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than
the applicable wage rate in the wage determination for the work actually
performed.

\(3\) In the event OATELS withdraws approval of a training program, the
Contractor will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed until an
acceptable program is approved.

\(c\) Equal employment opportunity. The utilization of apprentices,
trainees, and journeymen under this clause shall be in conformity with
the equal employment opportunity requirements of Executive Order 11246,
as amended, and 29 CFR Part 30.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I35   52.222-10   Compliance with Copeland Act Requirements  February 1988
  .anchor}I.35                                                          

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

The Contractor shall comply with the requirements of 29 CFR Part 3,
which are hereby incorporated by reference in this contract.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I36   52.222-11   Subcontracts (Labor Standards)             July 2005
  .anchor}I.36                                                          

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

\(a\) Definition. "Construction, alteration or repair," as used in this
clause, means all types of work done by laborers and mechanics employed
by the construction Contractor or construction subcontractor on a
particular building or work at the site thereof, including without
limitation---

\(1\) Altering, remodeling, installation (if appropriate) on the site of
the work of items fabricated off-site;

\(2\) Painting and decorating;

\(3\) Manufacturing or furnishing of materials, articles, supplies, or
equipment on the site of the building or work;

\(4\) Transportation of materials and supplies between the site of the
work within the meaning of paragraphs (a)(1)(i) and (ii) of the "site of
the work" as defined in the FAR clause at 52.222-6, Davis-Bacon Act of
this contract, and a facility which is dedicated to the construction of
the building or work and is deemed part of the site of the work within
the meaning of paragraph (2) of the "site of work" definition; and

\(5\) Transportation of portions of the building or work between a
secondary site where a significant portion of the building or work is
constructed, which is part of the "site of the work" definition in
paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, and
the physical place or

places where the building or work will remain (paragraph (a)(1)(i) of
the FAR clause at 52.222-6, in the "site of the work" definition).

\(b\) The Contractor shall insert in any subcontracts for construction,
alterations and repairs within the United States the clauses entitled---

\(1\) Davis-Bacon Act;

\(2\) Contract Work Hours and Safety Standards Act--- Overtime
Compensation (if the clause is included in this contract);

\(3\) Apprentices and Trainees;

\(4\) Payrolls and Basic Records;

\(5\) Compliance with Copeland Act Requirements;

\(6\) Withholding of Funds;

\(7\) Subcontracts (Labor Standards);

\(8\) Contract Termination---Debarment;

\(9\) Disputes Concerning Labor Standards;

\(10\) Compliance with Davis-Bacon and Related Act Regulations; and

\(11\) Certification of Eligibility.

\(c\) The prime Contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor performing construction within
the United States with all the contract clauses cited in paragraph (b).

(d)(1) Within 14 days after award of the contract, the Contractor shall
deliver to the Contracting Officer a completed Standard Form (SF) 1413,
Statement and Acknowledgment, for each subcontract for construction
within the United States, including the subcontractor's signed and dated
acknowledgment that the clauses set forth in paragraph (b) of this
clause have been included in the subcontract.

\(2\) Within 14 days after the award of any subsequently awarded
subcontract the Contractor shall deliver to the Contracting Officer an
updated completed SF 1413 for such additional subcontract.

\(e\) The Contractor shall insert the substance of this clause,
including this paragraph (e) in all subcontracts for construction within
the United States.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I37   52.222-12   Contract Termination-Debarment             February 1988
  .anchor}I.37                                                          

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

A breach of the contract clauses entitled Davis-Bacon Act, Contract Work
Hours and Safety Standards Act\--Overtime Compensation, Apprentices and
Trainees, Payrolls and Basic Records, Compliance with Copeland Act
Requirements, Subcontracts (Labor Standards), Compliance with
Davis-Bacon and Related Act Regulations, or Certification of Eligibility
may be grounds for termination of the contract, and for debarment as a
Contractor and subcontractor as provided in 29 CFR 5.12.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I38   52.222-13   Compliance with Davis-Bacon and Related    February 1988
  .anchor}I.38               Act Regulations                            

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

All rulings and interpretations of the Davis-Bacon and Related Acts
contained in 29 CFR Parts 1, 3, and 5 are hereby incorporated by
reference in this contract.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I39   52.222-14   Disputes Concerning Labor Standards        February 1988
  .anchor}I.39                                                          

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

The United States Department of Labor has set forth in 29 CFR Parts 5,
6, and 7 procedures for resolving disputes concerning labor standards
requirements. Such disputes shall be resolved in accordance with those
procedures and not the Disputes clause of this contract. Disputes within
the meaning of this clause include disputes between the Contractor (or
any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I40   52.222-15   Certification of Eligibility               February 1988
  .anchor}I.40                                                          

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

\(a\) By entering into this contract, the Contractor certifies that
neither it (nor he or she) nor any person or firm who has an interest in
the Contractor\'s firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis-Bacon Act or
29 CFR 5.12(a)(1).

\(b\) No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract by virtue of section
3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

\(c\) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I41   52.222-21   Prohibition of Segregated Facilities       February 1999
  .anchor}I.41                                                          

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

\(a\) Segregated facilities, as used in this clause, means any waiting
rooms, work areas, rest rooms and wash rooms, restaurants and

other eating areas, time clocks, locker rooms and other storage or
dressing areas, parking lots, drinking fountains, recreation or

entertainment areas, transportation, and housing facilities provided for
employees, that are segregated by explicit directive or are

in fact segregated on the basis of race, color, religion, sex, or
national origin because of written or oral policies or employee custom.

The term does not include separate or single-user rest rooms or
necessary dressing or sleeping areas provided to assure privacy

between the sexes.

\(b\) The Contractor agrees that it does not and will not maintain or
provide for its employees any segregated facilities at any of

its establishments, and that it does not and will not permit its
employees to perform their services at any location under its control
where segregated facilities are maintained. The Contractor agrees that a
breach of this clause is a violation of the Equal Opportunity clause in
this contract.

\(c\) The Contractor shall include this clause in every subcontract and
purchase order that is subject to the Equal Opportunity clause of

this contract.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I42   52.222-26   Equal Opportunity                          March 2007
  .anchor}I.42                                                          

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

\(a\) Definition. "United States," as used in this clause, 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)(1) If, during any 12-month period (including the 12 months preceding
the award of this contract), the Contractor has been or is awarded
nonexempt Federal contracts and/or subcontracts that have an aggregate
value in excess of \$10,000, the Contractor shall comply with this
clause, except for work performed outside the United States by employees
who were not recruited within the United States. Upon request, the
Contractor shall provide information necessary to determine the
applicability of this clause.

\(2\) If the Contractor is a religious corporation, association,
educational institution, or society, the requirements of this clause do
not apply with respect to the employment of individuals of a particular
religion to perform work connected with the carrying on of the
Contractor's activities (41 CFR 60-1.5).

(c)(1) The Contractor shall not discriminate against any employee or
applicant for employment because of race, color, religion,

sex, or national origin. However, it shall not be a violation of this
clause for the Contractor to extend a publicly announced preference in
employment to Indians living on or near an Indian reservation, in
connection with employment opportunities on or near an

Indian reservation, as permitted by 41 CFR 60-1.5.

\(2\) The Contractor shall take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or
national origin. This shall include, but not be limited to---

\(i\) Employment;

\(ii\) Upgrading;

\(iii\) Demotion;

\(iv\) Transfer;

\(v\) Recruitment or recruitment advertising;

\(vi\) Layoff or termination;

\(vii\) Rates of pay or other forms of compensation; and

(viii)Selection for training, including apprenticeship.

\(3\) The Contractor shall post in conspicuous places available to
employees and applicants for employment the notices to be provided by
the Contracting Officer that explain this clause.

\(4\) The Contractor shall, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.

\(5\) The Contractor shall send, to each labor union or representative
of workers with which it has a collective bargaining agreement or other
contract or understanding, the notice to be provided by the Contracting
Officer advising the labor union or workers\' representative of the
Contractor\'s commitments under this clause, and post copies of the
notice in conspicuous places available to employees and applicants for
employment.

\(6\) The Contractor shall comply with Executive Order 11246, as
amended, and the rules, regulations, and orders of the Secretary of
Labor.

\(7\) The Contractor shall furnish to the contracting agency all
information required by Executive Order 11246, as amended, and

by the rules, regulations, and orders of the Secretary of Labor. The
Contractor shall also file Standard Form 100 (EEO-1), or any

successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor
has filed within the 12 months preceding the date of contract award, the
Contractor shall, within 30 days after contract award, apply to either
the regional Office of Federal Contract

Compliance Programs (OFCCP) or the local office of the Equal Employment
Opportunity Commission for the necessary forms.

\(8\) The Contractor shall permit access to its premises, during normal
business hours, by the contracting agency or the OFCCP for the

purpose of conducting on-site compliance evaluations and complaint
investigations. The Contractor shall permit the Government

to inspect and copy any books, accounts, records (including computerized
records), and other material that may be relevant to the

matter under investigation and pertinent to compliance with Executive
Order 11246, as amended, and rules and regulations that

implement the Executive Order.

\(9\) If the OFCCP determines that the Contractor is not in compliance
with this clause or any rule, regulation, or order of the Secretary of
Labor, this contract may be canceled, terminated, or suspended in whole
or in part and the Contractor may be declared ineligible for further
Government contracts, under the procedures authorized in Executive Order
11246, as amended. In addition, sanctions may be imposed and remedies
invoked against the Contractor as provided in Executive Order 11246, as
amended; in the rules, regulations,

and orders of the Secretary of Labor; or as otherwise provided by law.

\(10\) The Contractor shall include the terms and conditions of this
clause in every subcontract or purchase order that is not exempted by
the rules, regulations, or orders of the Secretary of Labor issued under
Executive Order 11246, as amended, so that these terms and conditions
will be binding upon each subcontractor or vendor.

\(11\) The Contractor shall take such action with respect to any
subcontract or purchase order as the contracting officer may direct as a
means of enforcing these terms and conditions, including sanctions for
noncompliance; provided, that if the Contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a
result of any direction, the Contractor may request the United States to
enter into the litigation to protect the interests of the United States.

\(d\) Notwithstanding any other clause in this contract, disputes
relative to this clause will be governed by the procedures in 41 CFR
60-1.1.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I43   52.222-27   Affirmative Action Compliance Requirements February 1999
  .anchor}I.43               for Construction                           

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

\(a\) Definitions. \"Covered area,\" as used in this clause, means the
geographical area described in the solicitation for this contract.

\"Deputy Assistant Secretary\", as used in this clause, means the Deputy
Assistant Secretary for Federal Contract Compliance, U.S.

Department of Labor, or a designee.

\"Employer identification number,\" as used in this clause, means the
Federal Social Security number used on the employer\'s quarterly federal
tax return, U.S. Treasury Department Form 941.

\"Minority,\" as used in this clause, means\--

\(1\) American Indian or Alaskan Native (all persons having origins in
any of the original peoples of North America and maintaining
identifiable tribal affiliations through membership and participation or
community identification).

\(2\) Asian and Pacific Islander (all persons having origins in any of
the original peoples of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands);

\(3\) Black (all persons having origins in any of the black African
racial groups not of Hispanic origin); and

\(4\) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or
South American, or other Spanish culture or origin, regardless of race).

\(b\) If the Contractor, or a subcontractor at any tier, subcontracts a
portion of the work involving any construction trade, each such
subcontract in excess of \$10,000 shall include this clause and the
Notice containing the goals for minority and female participation stated
in the solicitation for this contract.

\(c\) If the Contractor is participating in a Hometown Plan (41 CFR
60-4) approved by the U.S. Department of Labor in a covered area, either
individually or through an association, its affirmative action
obligations on all work in the plan area (including goals) shall comply
with the plan for those trades that have unions participating in the
plan. Contractors must be able to demonstrate participation in, and
compliance with, the provisions of the plan. Each Contractor or
subcontractor participating in an approved plan is also required to
comply with its obligations under the Equal Opportunity clause, and to
make a good faith effort to achieve each goal under the plan in each
trade in which it has employees. The overall good-faith performance by
other Contractors or subcontractors toward a goal in an approved plan
does not excuse any Contractor\'s or subcontractor\'s failure to make
good-faith efforts to achieve the plan\'s goals.

\(d\) The Contractor shall implement the affirmative action procedures
in subparagraphs (g)(1) through (16) of this clause. The goals stated in
the solicitation for this contract are expressed as percentages of the
total hours of employment and training of minority and female
utilization that the Contractor should reasonably be able to achieve in
each construction trade in which it has employees in the covered area.
If the Contractor performs construction work in a geographical area
located outside of the covered area, it shall apply the goals
established for the geographical area where that work is actually
performed. The Contractor is expected to make substantially uniform
progress toward its goals in each craft.

\(e\) Neither the terms and conditions of any collective bargaining
agreement, nor the failure by a union with which the Contractor has a
collective bargaining agreement, to refer minorities or women shall
excuse the Contractor\'s obligations under this clause, Executive Order
11246, as amended, or the regulations thereunder.

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

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

\(1\) Ensure a working environment free of harassment, intimidation, and
coercion at all sites and in all facilities where the Contractor\'s
employees are assigned to work. The Contractor, if possible, will assign
two or more women to each construction project. The Contractor shall
ensure that foremen, superintendents, and other onsite supervisory
personnel are aware of and carry out the Contractor\'s obligation to
maintain such a working environment, with specific attention to minority
or female individuals working at these sites or facilities.

\(2\) Establish and maintain a current list of sources for minority and
female recruitment. Provide written notification to minority and female
recruitment sources and community organizations when the Contractor or
its unions have employment opportunities available, and maintain a
record of the organizations\' responses.

\(3\) Establish and maintain a current file of the names, addresses, and
telephone numbers of each minority and female off-the-street applicant,
referrals of minorities or females from unions, recruitment sources, or
community organizations, and the action taken with respect to each
individual. If an individual was sent to the union hiring hall for
referral and not referred back to the Contractor by the union or, if
referred back, not employed by the Contractor, this shall be documented
in the file, along with whatever additional actions the Contractor may
have taken.

\(4\) Immediately notify the Deputy Assistant Secretary when the union
or unions with which the Contractor has a collective bargaining
agreement has not referred back to the Contractor a minority or woman
sent by the Contractor, or when the Contractor has other information
that the union referral process has impeded the Contractor\'s efforts to
meet its obligations.

\(5\) Develop on-the-job training opportunities and/or participate in
training programs for the area that expressly include minorities and
women, including upgrading programs and apprenticeship and trainee
programs relevant to the Contractor\'s employment needs, especially
those programs funded or approved by the Department of Labor. The
Contractor shall provide notice of these programs to the sources
compiled under subparagraph (g)(2) of this clause.

\(6\) Disseminate the Contractor\'s equal employment policy by\--

\(i\) Providing notice of the policy to unions and to training,
recruitment, and outreach programs, and requesting their cooperation in
assisting the Contractor in meeting its contract obligations;

\(ii\) Including the policy in any policy manual and in collective
bargaining agreements;

\(iii\) Publicizing the policy in the company newspaper, annual report,
etc.;

\(iv\) Reviewing the policy with all management personnel and with all
minority and female employees at least once a year; and

\(v\) Posting the policy on bulletin boards accessible to employees at
each location where construction work is performed.

\(7\) Review, at least annually, the Contractor\'s equal employment
policy and affirmative action obligations with all employees having
responsibility for hiring, assignment, layoff, termination, or other
employment decisions. Conduct review of this policy with all on-site
supervisory personnel before initiating construction work at a job site.
A written record shall be made and maintained identifying the time and
place of these meetings, persons attending, subject matter discussed,
and disposition of the subject matter.

\(8\) Disseminate the Contractor\'s equal employment policy externally
by including it in any advertising in the news media, specifically
including minority and female news media. Provide written notification
to, and discuss this policy with, other Contractors and subcontractors
with which the Contractor does or anticipates doing business.

\(9\) Direct recruitment efforts, both oral and written, to minority,
female, and community organizations, to schools with minority and female
students, and to minority and female recruitment and training
organizations serving the Contractor\'s recruitment area and employment
needs. Not later than 1 month before the date for acceptance of
applications for apprenticeship or training by any recruitment source,
send written notification to organizations such as the above, describing
the openings, screening procedures, and tests to be used in the
selection process.

\(10\) Encourage present minority and female employees to recruit
minority persons and women. Where reasonable, provide after-school,
summer, and vacation employment to minority and female youth both on the
site and in other areas of the Contractor\'s workforce.

\(11\) Validate all tests and other selection requirements where
required under 41 CFR 60-3.

\(12\) Conduct, at least annually, an inventory and evaluation at least
of all minority and female personnel for promotional opportunities.
Encourage these employees to seek or to prepare for, through appropriate
training, etc., opportunities for promotion.

\(13\) Ensure that seniority practices, job classifications, work
assignments, and other personnel practices do not have a discriminatory
effect by continually monitoring all personnel and employment-related
activities to ensure that the Contractor\'s obligations under this
contract are being carried out.

\(14\) Ensure that all facilities and company activities are
nonsegregated except that separate or single-user rest rooms and
necessary dressing or sleeping areas shall be provided to assure privacy
between the sexes.

\(15\) Maintain a record of solicitations for subcontracts for minority
and female construction contractors and suppliers, including circulation
of solicitations to minority and female contractor associations and
other business associations.

\(16\) Conduct a review, at least annually, of all supervisors\'
adherence to and performance under the Contractor\'s equal employment
policy and affirmative action obligations.

\(h\) The Contractor is encouraged to participate in voluntary
associations that may assist in fulfilling one or more of the
affirmative action obligations contained in subparagraphs (g)(1) through
(16)of this clause. The efforts of a contractor association, joint
contractor-union, contractor-community, or similar group of which the
contractor is a member and participant may be asserted as fulfilling one
or more of its obligations under subparagraphs (g)(1) through (16) of
this clause, provided the Contractor\--

\(1\) Actively participates in the group;

\(2\) Makes every effort to ensure that the group has a positive impact
on the employment of minorities and women in the industry;

\(3\) Ensures that concrete benefits of the program are reflected in the
Contractor\'s minority and female workforce participation;

\(4\) Makes a good-faith effort to meet its individual goals and
timetables; and

\(5\) Can provide access to documentation that demonstrates the
effectiveness of actions taken on behalf of the Contractor. The
obligation to comply is the Contractor\'s, and failure of such a group
to fulfill an obligation shall not be a defense for the Contractor\'s
noncompliance.

\(i\) A single goal for minorities and a separate single goal for women
shall be established. The Contractor is required to provide equal
employment opportunity and to take affirmative action for all minority
groups, both male and female, and all women, both minority and
nonminority. Consequently, the Contractor may be in violation of
Executive Order 11246, as amended, if a particular group is employed in
a substantially disparate manner.

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

\(k\) The Contractor shall not enter into any subcontract with any
person or firm debarred from Government contracts under Executive Order
11246, as amended.

\(l\) The Contractor shall carry out such sanctions and penalties for
violation of this clause and of the Equal Opportunity clause, including
suspension, termination, and cancellation of existing subcontracts, as
may be imposed or ordered under Executive Order 11246, as amended, and
its implementing regulations, by the OFCCP. Any failure to carry out
these sanctions and penalties as ordered shall be a violation of this
clause and Executive Order 11246, as amended.

\(m\) The Contractor in fulfilling its obligations under this clause
shall implement affirmative action procedures at least as extensive as
those prescribed in paragraph (g) of this clause, so as to achieve
maximum results from its efforts to ensure equal employment opportunity.
If the Contractor fails to comply with the requirements of Executive
Order 11246, as amended, the implementing regulations, or this clause,
the Deputy Assistant Secretary shall take action as prescribed in 41 CFR
60-4.8.

\(n\) The Contractor shall designate a responsible official to\--

\(1\) Monitor all employment-related activity to ensure that the
Contractor\'s equal employment policy is being carried out;

\(2\) Submit reports as may be required by the Government; and

\(3\) Keep records that shall at least include for each employee the
name, address, telephone number, construction trade, union affiliation
(if any), employee identification number, social security number, race,
sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer),
dates of changes in status, hours worked per week in the indicated
trade, rate of pay, and locations at which the work was performed.
Records shall be maintained in an easily understandable and retrievable
form; however, to the degree that existing records satisfy this
requirement, separate records are not required to be maintained.

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

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I44   52.222-35   Equal Opportunity for Special Disabled     September 2006
  .anchor}I.44               Veterans, Veterans of the Vietnam Era, and 
                             Other Eligible Veterans                    

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

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

\"All employment openings\" means all positions except executive and top
management, those positions that will be filled from within the
Contractor\'s organization, and positions lasting 3 days or less. This
term includes full-time employment, temporary employment of more than 3
days duration, and part-time employment.

\"Executive and top management\" means any employee-

\(1\) Whose primary duty consists of the management of the enterprise in
which the individual is employed or of a customarily recognized
department or subdivision thereof;

\(2\) Who customarily and regularly directs the work of two or more
other employees;

\(3\) Who has the authority to hire or fire other employees or whose
suggestions and recommendations as to the hiring or firing and as to the
advancement and promotion or any other change of status of other
employees will be given particular weight;

\(4\) Who customarily and regularly exercises discretionary powers; and

\(5\) Who does not devote more than 20 percent or, in the case of an
employee of a retail or service establishment, who does not devote more
than 40 percent of total hours of work in the work week to activities
that are not directly and closely related to the performance of the work
described in paragraphs (1) through (4) of this definition. This
paragraph (5) does not apply in the case of an employee who is in sole
charge of an establishment or a physically separated branch
establishment, or who owns at least a 20 percent interest in the
enterprise in which the individual is employed.

\"Other eligible veteran\" means any other veteran who served on active
duty during a war or in a campaign or expedition for which a campaign
badge has been authorized.

\"Positions that will be filled from within the Contractor\'s
organization\" means employment openings for which the Contractor will
give no consideration to persons outside the Contractor\'s organization
(including any affiliates, subsidiaries, and parent companies) and
includes any openings the Contractor proposes to fill from regularly
established \"recall\" lists. The exception does not apply to a
particular opening once an employer decides to consider applicants
outside of its organization.

\"Qualified special disabled veteran\" means a special disabled veteran
who satisfies the requisite skill, experience, education, and other
job-related requirements of the employment position such veteran holds
or desires, and who, with or without reasonable accommodation, can
perform the essential functions of such position.

\"Special disabled veteran\" means-

\(1\) A veteran who is entitled to compensation (or who but for the
receipt of military retired pay would be entitled to compensation) under
laws administered by the Department of Veterans Affairs for a
disability-

\(i\) Rated at 30 percent or more; or

\(ii\) Rated at 10 or 20 percent in the case of a veteran who has been
determined under 38 U.S.C. 3106 to have a serious employment handicap
(i.e., a significant impairment of the veteran\'s ability to prepare
for, obtain, or retain employment consistent with the veteran\'s
abilities, aptitudes, and interests); or

\(2\) A person who was discharged or released from active duty because
of a service-connected disability.

\"Veteran of the Vietnam era\" means a person who-

\(1\) Served on active duty for a period of more than 180 days and was
discharged or released from active duty with other than a dishonorable
discharge, if any part of such active duty occurred-

\(i\) In the Republic of Vietnam between February 28, 1961, and May 7,
1975; or

\(ii\) Between August 5, 1964, and May 7, 1975, in all other cases; or

\(2\) Was discharged or released from active duty for a
service-connected disability if any part of the active duty was
performed-

\(i\) In the Republic of Vietnam between February 28, 1961, and May 7,
1975; or

\(ii\) Between August 5, 1964, and May 7, 1975, in all other cases.

\(b\) General. (1) The Contractor shall not discriminate against the
individual because the individual is a special disabled veteran, a
veteran of the Vietnam era, or other eligible veteran, regarding any
position for which the employee or applicant for employment is
qualified. The Contractor shall take affirmative action to employ,
advance in employment, and otherwise treat qualified special disabled
veterans, veterans of the Vietnam era, and other eligible veterans
without discrimination based upon their disability or veterans\' status
in all employment practices such as-

\(i\) Recruitment, advertising, and job application procedures;

\(ii\) Hiring, upgrading, promotion, award of tenure, demotion,
transfer, layoff, termination, right of return from layoff and rehiring;

\(iii\) Rate of pay or any other form of compensation and changes in
compensation;

\(iv\) Job assignments, job classifications, organizational structures,
position descriptions, lines of progression, and seniority lists;

\(v\) Leaves of absence, sick leave, or any other leave;

\(vi\) Fringe benefits available by virtue of employment, whether or not
administered by the Contractor;

\(vii\) Selection and financial support for training, including
apprenticeship, and on-the-job training under 38 U.S.C. 3687,
professional meetings, conferences, and other related activities, and
selection for leaves of absence to pursue training;

\(viii\) Activities sponsored by the Contractor including social or
recreational programs; and

\(ix\) Any other term, condition, or privilege of employment.

\(2\) The Contractor shall comply with the rules, regulations, and
relevant orders of the Secretary of Labor issued under the Vietnam Era
Veterans\' Readjustment Assistance Act of 1972 (the Act), as amended (38
U.S.C. 4211 and 4212).

\(c\) Listing openings. (1) The Contractor shall immediately list all
employment openings that exist at the time of the execution of this
contract and those which occur during the performance of this contract,
including those not generated by this contract, and including those
occurring at an establishment of the Contractor other than the one where
the contract is being performed, but excluding those of independently
operated corporate affiliates, at an appropriate local public employment
service office of the State wherein the opening occurs. Listing
employment openings with the U.S. Department of Labor\'s America\'s Job
Bank shall satisfy the requirement to list jobs with the local
employment service office.

\(2\) The Contractor shall make the listing of employment openings with
the local employment service office at least concurrently with using any
other recruitment source or effort and shall involve the normal
obligations of placing a bona fide job order, including accepting
referrals of veterans and nonveterans. This listing of employment
openings does not require hiring any particular job applicant or hiring
from any particular group of job applicants and is not intended to
relieve the Contractor from any requirements of Executive orders or
regulations concerning nondiscrimination in employment.

\(3\) Whenever the Contractor becomes contractually bound to the listing
terms of this clause, it shall advise the State public employment agency
in each State where it has establishments of the name and location of
each hiring location in the State. As long as the Contractor is
contractually bound to these terms and has so advised the State agency,
it need not advise the State agency of subsequent contracts. The
Contractor may advise the State agency when it is no longer bound by
this contract clause.

\(d\) Applicability. This clause does not apply to the listing of
employment openings that occur and are filled outside the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, American Samoa, Guam, the Virgin
Islands of the United States, and Wake Island.

\(e\) Postings. (1) The Contractor shall post employment notices in
conspicuous places that are available to employees and applicants for
employment.

\(2\) The employment notices shall-

\(i\) State the rights of applicants and employees as well as the
Contractor\'s obligation under the law to take affirmative action to
employ and advance in employment qualified employees and applicants who
are special disabled veterans, veterans of the Vietnam era, and other
eligible veterans; and

\(ii\) Be in a form prescribed by the Deputy Assistant Secretary for
Federal Contract Compliance Programs, Department of Labor (Deputy
Assistant Secretary of Labor), and provided by or through the
Contracting Officer.

\(3\) The Contractor shall ensure that applicants or employees who are
special disabled veterans are informed of the contents of the notice
(e.g., the Contractor may have the notice read to a visually disabled
veteran, or may lower the posted notice so that it can be read by a
person in a wheel-chair).

\(4\) The Contractor shall notify each labor union or representative of
workers with which it has a collective bargaining agreement, or other
contract understanding, that the Contractor is bound by the terms of the
Act and is committed to take affirmative action to employ, and advance
in employment, qualified special disabled veterans, veterans of the
Vietnam era, and other eligible veterans.

\(f\) Noncompliance. If the Contractor does not comply with the
requirements of this clause, the Government may take appropriate actions
under the rules, regulations, and relevant orders of the Secretary of
Labor issued pursuant to the Act.

\(g\) Subcontracts. The Contractor shall insert the terms of this clause
in all subcontracts or purchase orders of \$100,000 or more unless
exempted by rules, regulations, or orders of the Secretary of Labor. The
Contractor shall act as specified by the Deputy Assistant Secretary of
Labor to enforce the terms, including action for noncompliance.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I45   52.222-36   Affirmative Action For Workers with        June 1998
  .anchor}I.45               Disabilities                               

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

\(a\) General. (1) Regarding any position for which the employee or
applicant for employment is qualified, the Contractor shall not

discriminate against any employee or applicant because of physical or
mental disability. The Contractor agrees to take affirmative

action to employ, advance in employment, and otherwise treat qualified
individuals with disabilities without discrimination based

upon their physical or mental disability in all employment practices
such as\--

\(i\) Recruitment, advertising, and job application procedures;

\(ii\) Hiring, upgrading, promotion, award of tenure, demotion,
transfer, layoff, termination, right of return from layoff, and

rehiring;

\(iii\) Rates of pay or any other form of compensation and changes in
compensation;

\(iv\) Job assignments, job classifications, organizational structures,
position descriptions, lines of progression, and

seniority lists;

\(v\) Leaves of absence, sick leave, or any other leave;

\(vi\) Fringe benefits available by virtue of employment, whether or not
administered by the Contractor;

\(vii\) Selection and financial support for training, including
apprenticeships, professional meetings, conferences, and other

related activities, and selection for leaves of absence to pursue
training;

\(viii\) Activities sponsored by the Contractor, including social or
recreational programs; and

\(ix\) Any other term, condition, or privilege of employment.

\(2\) The Contractor agrees to comply with the rules, regulations, and
relevant orders of the Secretary of Labor (Secretary) issued

under the Rehabilitation Act of 1973 (29 U.S.C. 793) (the Act), as
amended.

\(b\) Postings. (1) The Contractor agrees to post employment notices
stating\--

\(i\) The Contractor\'s obligation under the law to take affirmative
action to employ and advance in employment qualified

individuals with disabilities; and

\(ii\) The rights of applicants and employees.

\(2\) These notices shall be posted in conspicuous places that are
available to employees and applicants for employment. The Contractor

shall ensure that applicants and employees with disabilities are
informed of the contents of the notice (e.g., the Contractor may

have the notice read to a visually disabled individual, or may lower the
posted notice so that it might be read by a person in a

wheelchair). The notices shall be in a form prescribed by the Deputy
Assistant Secretary for Federal Contract Compliance of the U.S.

Department of Labor (Deputy Assistant Secretary) and shall be provided
by or through the Contracting Officer.

\(3\) The Contractor shall notify each labor union or representative of
workers with which it has a collective bargaining

agreement or other contract understanding, that the Contractor is bound
by the terms of Section 503 of the Act and is committed to

take affirmative action to employ, and advance in employment, qualified
individuals with physical or mental disabilities.

\(c\) Noncompliance. If the Contractor does not comply with the
requirements of this clause, appropriate actions may be taken under

the rules, regulations, and relevant orders of the Secretary issued
pursuant to the Act.

\(d\) Subcontracts. The Contractor shall include the terms of this
clause in every subcontract or purchase order in excess of \$10,000

unless exempted by rules, regulations, or orders of the Secretary. The
Contractor shall act as specified by the Deputy Assistant

Secretary to enforce the terms, including action for noncompliance.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I46   52.222-37   Employment Reports on Special Disabled     September 2006
  .anchor}I.46               Veterans, Veterans of the Vietnam Era, and 
                             Other Eligible Veterans                    

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

\(a\) Unless the Contractor is a State or local government agency, the
Contractor shall report at least annually, as required by the Secretary
of Labor, on-

\(1\) The number of special disabled veterans, the number of veterans of
the Vietnam era, and other eligible veterans in the workforce of the
Contractor by job category and hiring location; and

\(2\) The total number of new employees hired during the period covered
by the report, and of the total, the number of special disabled
veterans, the number of veterans of the Vietnam era, and the number of
other eligible veterans; and

\(3\) The maximum number and the minimum number of employees of the
Contractor during the period covered by the report.

\(b\) The Contractor shall report the above items by completing the Form
VETS-100, entitled \"Federal Contractor Veterans\' Employment Report
(VETS-100 Report)\".

\(c\) The Contractor shall submit VETS-100 Reports no later than
September 30 of each year beginning September 30, 1988.

\(d\) The employment activity report required by paragraph (a)(2) of
this clause shall reflect total hires during the most recent 12-month
period as of the ending date selected for the employment profile report
required by paragraph (a)(1) of this clause. Contractors may select an
ending date-

\(1\) As of the end of any pay period between July 1 and August 31 of
the year the report is due; or

\(2\) As of December 31, if the Contractor has prior written approval
from the Equal Employment Opportunity Commission to do so for purposes
of submitting the Employer Information Report EEO-1 (Standard Form 100).

\(e\) The Contractor shall base the count of veterans reported according
to paragraph (a) of this clause on voluntary disclosure. Each Contractor
subject to the reporting requirements at 38 U.S.C. 4212 shall invite all
special disabled veterans, veterans of the Vietnam era, and other
eligible veterans who wish to benefit under the affirmative action
program at 38 U.S.C. 4212 to identify themselves to the Contractor. The
invitation shall state that-

\(1\) The information is voluntarily provided;

\(2\) The information will be kept confidential;

\(3\) Disclosure or refusal to provide the information will not subject
the applicant or employee to any adverse treatment; and

\(4\) The information will be used only in accordance with the
regulations promulgated under 38 U.S.C. 4212.

\(f\) The Contractor shall insert the terms of this clause in all
subcontracts or purchase orders of \$100,000 or more unless exempted by
rules, regulations, or orders of the Secretary of Labor.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I47   52.222-39   Notification of Employee Rights Concerning December 2004
  .anchor}I.47               Payment of Union Dues or Fees              

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

\(a\) 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.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I48   52.222-50   Combating Trafficking in Persons           August 2007
  .anchor}I.48                                                          

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

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

"Coercion" means---

\(1\) Threats of serious harm to or physical restraint against any
person;

\(2\) Any scheme, plan, or pattern intended to cause a person to believe
that failure to perform an act would result in serious harm to or
physical restraint against any person; or

\(3\) The abuse or threatened abuse of the legal process.

"Commercial sex act" means any sex act on account of which anything of
value is given to or received by any person.

"Debt bondage" means the status or condition of a debtor arising from a
pledge by the debtor of his or her personal services or of those of a
person under his or her control as a security for debt, if the value of
those services as reasonably assessed is not applied toward the
liquidation of the debt or the length and nature of those services are
not respectively limited and defined.

"Employee" means an employee of the Contractor directly engaged in the
performance of work under the contract who has other than a minimal
impact or involvement in contract performance.

"Involuntary servitude" includes a condition of servitude induced by
means of---

\(1\) Any scheme, plan, or pattern intended to cause a person to believe
that, if the person did not enter into or continue in such conditions,
that person or another person would suffer serious harm or physical
restraint; or

\(2\) The abuse or threatened abuse of the legal process.

"Severe forms of trafficking in persons" means---

\(1\) Sex trafficking in which a commercial sex act is induced by force,
fraud, or coercion, or in which the person induced to perform such act
has not attained 18 years of age; or

\(2\) The recruitment, harboring, transportation, provision, or
obtaining of a person for labor or services, through the use of force,
fraud, or coercion for the purpose of subjection to involuntary
servitude, peonage, debt bondage, or slavery.

"Sex trafficking" means the recruitment, harboring, transportation,
provision, or obtaining of a person for the purpose of a commercial sex
act.

\(b\) Policy. The United States Government has adopted a zero tolerance
policy regarding trafficking in persons. Contractors and contract
emplyoyees shall not---

\(1\) Engage in severe forms of trafficking in persons during the period
of performance of the contract;

\(2\) Procure commercial sex acts during the period of performance of
the contract; or

\(3\) Use forced labor in the performance of the contract.

\(c\) Contractor requirements. The Contractor shall---

\(1\) Notify its employees of---

\(i\) The United States Government's zero tolerance policy described in
paragraph (b) of this clause; and

\(ii\) The actions that will be taken against employees for violations
of this policy. Such actions may include, but are not limited to,
removal from the contract, reduction in benefits, or termination of
employment; and

\(2\) Take appropriate action, up to and including termination, against
employees or subcontractors that violate the policy in paragraph (b) of
this clause.

\(d\) Notification. The Contractor shall inform the Contracting Officer
immediately of---

\(1\) Any information it receives from any source (including host
country law enforcement) that alleges a Contractor employee,
subcontractor, or subcontractor employee has engaged in conduct that
violates this policy; and

\(2\) Any actions taken against Contractor employees, subcontractors, or
subcontractor employees pursuant to this clause.

\(e\) Remedies. In addition to other remedies available to the
Government, the Contractor's failure to comply with the requirements of
paragraphs (c), (d), or (f) of this clause may render the Contractor
subject to---

\(1\) Required removal of a Contractor employee or employees from the
performance of the contract;

\(2\) Required subcontractor termination;

\(3\) Suspension of contract payments;

\(4\) Loss of award fee, consistent with the award fee plan, for the
performance period in which the Government determined Contractor
non-compliance;

\(5\) Termination of the contract for default or cause, in accordance
with the termination clause of this contract; or

\(6\) Suspension or debarment.

\(f\) Subcontracts. The Contractor shall include the substance of this
clause, including this paragraph (f), in all subcontracts.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I49   52.223-02   Affirmative Procurement of Biobased        December 2007
  .anchor}I.49               Products Under Service and Construction    
                             Contracts                                  

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

\(a\) In the performance of this contract, the contractor shall make
maximum use of biobased products that are United States Department of
Agriculture (USDA)-designated items unless---

\(1\) The product cannot be acquired---

\(i\) Competitively within a time frame providing for compliance with
the contract performance schedule; (ii) Meeting contract performance
requirements; or

\(iii\) At a reasonable price.

\(2\) The product is to be used in an application covered by a USDA
categorical exemption (see 7 CFR 2902.10 et seq.). For example, some
USDA-designated items such as mobile equipment hydraulic fluids, diesel
fuel additives, and penetrating lubricants are excluded from the
preferred procurement requirement for the application of the
USDA-designated item to one or both of the following:

\(i\) Spacecraft system and launch support equipment.

\(ii\) Military equipment, i.e., a product or system designed or
procured for combat or combat-related missions.

\(b\) Information about this requirement and these products is available
at http://www.usda.gov/biopreferred.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I50   52.223-03   Hazardous Material Identification and      July 1995
  .anchor}I.50   Alt I       Material Safety Data (Jan 1997) -          
                             Alternate I                                

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

\(a\) \"Hazardous material,\" as used in this clause, includes any
material defined as hazardous under the latest version of Federal
Standard No. 313 (including revisions adopted during the term of the
contract).

\(b\) The offeror must list any hazardous material, as defined in
paragraph (a) of this clause, to be delivered under this contract. The
hazardous material shall be properly identified and include any
applicable identification number, such as National Stock Number or
Special Item Number. This information shall also be included on the
Material Safety Data Sheet submitted under this contract.

Material Identification No.

(If none, insert \"None\")

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

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

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

\(c\) This list must be updated during performance of the contract
whenever the Contractor determines that any other material to be
delivered under this contract is hazardous.

\(d\) The apparently successful offeror agrees to submit, for each item
as required prior to award, a Material Safety Data Sheet, meeting the
requirements of 29 CFR 1910.1200(g) and the latest version of Federal
Standard No. 313, for all hazardous material identified in paragraph (b)
of this clause. Data shall be submitted in accordance with Federal
Standard No. 313, whether or not the apparently successful offeror is
the actual manufacturer of these items. Failure to submit the Material
Safety Data Sheet prior to award may result in the apparently successful
offeror being considered nonresponsible and ineligible for award.

\(e\) If, after award, there is a change in the composition of the
item(s) or a revision to Federal Standard No. 313, which renders
incomplete or inaccurate the data submitted under paragraph (d) of this
clause, the Contractor shall promptly notify the Contracting Officer and
resubmit the data.

\(f\) Neither the requirements of this clause nor any act or failure to
act by the Government shall relieve the Contractor of any responsibility
or liability for the safety of Government, Contractor, or subcontractor
personnel or property.

\(g\) Nothing contained in this clause shall relieve the Contractor from
complying with applicable Federal, State, and local laws, codes,
ordinances, and regulations (including the obtaining of licenses and
permits) in connection with hazardous material.

\(h\) The Government\'s rights in data furnished under this contract
with respect to hazardous material are as follows:

\(1\) To use, duplicate and disclose any data to which this clause is
applicable. The purposes of this right are to\--

\(i\) Apprise personnel of the hazards to which they may be exposed in
using, handling, packaging, transporting, or disposing of hazardous
materials;

\(ii\) Obtain medical treatment for those affected by the material; and

\(iii\) Have others use, duplicate, and disclose the data for the
Government for these purposes.

\(2\) To use, duplicate, and disclose data furnished under this clause,
in accordance with subparagraph (h)(1) of this clause, in precedence
over any other clause of this contract providing for rights in data.

\(3\) The Government is not precluded from using similar or identical
data acquired from other sources.

\(i\) Except as provided in paragraph (i)(2), the Contractor shall
prepare and submit a sufficient number of Material Safety Data Sheets
(MSDS\'s), meeting the requirements of 29 CFR 1910.1200(g) and the
latest version of Federal Standard No. 313, for all hazardous materials
identified in paragraph (b) of this clause.

\(1\) For items shipped to consignees, the Contractor shall include a
copy of the MSDS\'s with the packing list or other suitable shipping
document which accompanies each shipment. Alternatively, the Contractor
is permitted to transmit MSDS\'s to consignees in advance of receipt of
shipments by consignees, if authorized in writing by the Contracting
Officer.

\(2\) For items shipped to consignees identified by mailing address as
agency depots, distribution centers or customer supply centers, the
Contractor shall provide one copy of the MSDS\'s in or on each shipping
container. If affixed to the outside of each container, the MSDS\'s must
be placed in a weather resistant envelope.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I51   52.223-05   Pollution Prevention and Right-to-Know     August 2003
  .anchor}I.51               Information                                

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

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

\"Priority chemical\" means a chemical identified by the Interagency
Environmental Leadership Workgroup or, alternatively, by an agency
pursuant to Section 503 of Executive Order 13148 of April 21, 2000,
Greening the Government through Leadership in Environmental Management.

\"Toxic chemical\" means a chemical or chemical category listed in 40
CFR 372.65.

\(b\) Executive Order 13148 requires Federal facilities to comply with
the provisions of the Emergency Planning and Community Right-to-Know Act
of 1986 (EPCRA) (42 U.S.C.11001-11050) and the Pollution Prevention Act
of 1990 (PPA) (42 U.S.C. 13101-13109).

\(c\) The Contractor shall provide all information needed by the Federal
facility to comply with the following:

\(1\) The emergency planning reporting requirements of Section 302 of
EPCRA.

\(2\) The emergency notice requirements of Section 304 of EPCRA.

\(3\) The list of Material Safety Data Sheets, required by Section 311
of EPCRA.

\(4\) The emergency and hazardous chemical inventory forms of Section
312 of EPCRA.

\(5\) The toxic chemical release inventory of Section 313 of EPCRA,
which includes the reduction and recycling information required by
Section 6607 of PPA.

\(6\) The toxic chemical, priority chemical, and hazardous substance
release and use reduction goals of Sections 502 and 503 of Executive
Order 13148.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I52   52.223-06   Drug-Free Workplace                        May 2001
  .anchor}I.52                                                          

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

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

\"Controlled substance\" means a controlled substance in schedules I
through V of section 202 of the Controlled Substances Act (21 U.S.C.
812) and as further defined in regulation at 21 CFR 1308.11 - 1308.15.

\"Conviction\" means a finding of guilt (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to deter- mine violations of the Federal
or State criminal drug statutes.

\"Criminal drug statute\" means a Federal or non-Federal criminal
statute involving the manufacture, distribution, dispensing, possession,
or use of any controlled substance.

\"Drug-free workplace\" means the site(s) for the performance of work
done by the Contractor in connection with a specific contract where
employees of the Contractor are prohibited from engaging in the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance.

\"Employee\" means an employee of a Contractor directly engaged in the
performance of work under a Government contract. \"Directly engaged\" is
defined to include all direct cost employees and any other Contractor
employee who has other than a minimal impact or involvement in contract
performance.

\"Individual\" means an offeror/contractor that has no more than one
employee including the offeror/contractor.

\(b\) The Contractor, if other than an individual, shall\-- within 30
days after award (unless a longer period is agreed to in writing for
contracts of 30 days or more performance duration), or as soon as
possible for contracts of less than 30 days performance duration\--

\(1\) Publish a statement notifying its employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the Contractor\'s workplace and
specifying the actions that will be taken against employees for
violations of such prohibition;

\(2\) Establish an ongoing drug-free awareness program to inform such
employees about\--

\(i\) The dangers of drug abuse in the workplace;

\(ii\) The Contractor\'s policy of maintaining a drug-free workplace;

\(iii\) Any available drug counseling, rehabilitation, and employee
assistance programs; and

\(iv\) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;

\(3\) Provide all employees engaged in performance of the contract with
a copy of the statement required by subparagraph (b)(1) of this clause;

\(4\) Notify such employees in writing in the statement required by
subparagraph (b)(1) of this clause that, as a condition of continued
employment on this contract, the employee will\--

\(i\) Abide by the terms of the statement; and

\(ii\) Notify the employer in writing of the employee\'s conviction
under a criminal drug statute for a violation occurring in the workplace
no later than 5 days after such conviction.

\(5\) Notify the Contracting Officer in writing within 10 days after
receiving notice under subdivision (b)(4)(ii) of this clause, from an
employee or otherwise receiving actual notice of such conviction. The
notice shall include the position title of the employee;

\(6\) Within 30 days after receiving notice under subdivision (b)(4)(ii)
of this clause of a conviction, take one of the following actions with
respect to any employee who is convicted of a drug abuse violation
occurring in the workplace:

\(i\) Taking appropriate personnel action against such employee, up to
and including termination; or

\(ii\) Require such employee to satisfactorily participate in a drug
abuse assistance or rehabilitation program approved for such purposes by
a Federal, State, or local health, law enforcement, or other appropriate
agency; and

\(7\) Make a good faith effort to maintain a drug-free workplace through
implementation of paragraphs (b)(1) through (b)(6) of this clause.

\(c\) The Contractor, if an individual, agrees by award of the contract
or acceptance of a purchase order, not to engage in the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance while performing this contract.

\(d\) In addition to other remedies available to the Government, the
Contractor\'s failure to comply with the requirements of paragraph (b)
or (c) of this clause may, pursuant to FAR 23.506, render the Contractor
subject to suspension of contract payments, termination of the contract
for default, and suspension or debarment.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I53   52.223-09   Estimate of Percentage of Recovered        May 2008
  .anchor}I.53               Material Content for EPA Designated Items. 

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

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

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

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

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

\(1\) Estimate the percentage of the total recovered material content
for EPA-designated item(s) delivered and/or used in contract
performance, including, if applicable, the percentage of post-consumer
material content; and

\(2\) Submit this estimate to Ms. Sally McMahon, National Park Service,
Denver Service Center, Contract Services Group, PO Box 25287 DSC-CS,
Denver, CO 80225.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I54   52.223-14   Toxic Chemical Release Reporting           August 2003
  .anchor}I.54                                                          

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

\(a\) Unless otherwise exempt, the Contractor, as owner or operator of a
facility used in the performance of this contract, shall file by July 1
for the prior calendar year an annual Toxic Chemical Release Inventory
Form (Form R) as described in sections 313(a) and (g) of the Emergency
Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C.
11023(a) and (g)), and section 6607 of the Pollution Prevention Act of
1990 (PPA) (42 U.S.C. 13106). The Contractor shall file, for each
facility subject to the Form R filing and reporting requirements, the
annual Form R throughout the life of the contract.

\(b\) A Contractor-owned or -operated facility used in the performance
of this contract is exempt from the requirement to file an annual Form R
if\--

\(1\) The facility does not manufacture, process, or otherwise use any
toxic chemicals listed in 40 CFR 372.65;

\(2\) The facility does not have 10 or more full-time employees as
specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);

\(3\) The facility does not meet the reporting thresholds of toxic
chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f)
(including the alternate thresholds at 40 CFR 372.27, provided an
appropriate certification form has been filed with EPA);

\(4\) The facility does not fall within the following Standard
Industrial Classification (SIC) codes or their corresponding North
American Industry Classification System sectors:

\(i\) Major group code 10 (except 1011, 1081, and 1094).

\(ii\) Major group code 12 (except 1241).

\(iii\) Major group codes 20 through 39.

\(iv\) Industry code 4911, 4931, or 4939 (limited to facilities that
combust coal and/or oil for the purpose of generating power for
distribution in commerce).

\(v\) Industry code 4953 (limited to facilities regulated under the
Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et
seq.)), or 5169, or 5171, or 7389 (limited to facilities primarily
engaged in solvent recovery services on a contract or fee basis); or

\(5\) The facility is not located in the United States or its outlying
areas.

\(c\) If the Contractor has certified to an exemption in accordance with
one or more of the criteria in paragraph (b) of this clause, and after
award of the contract circumstances change so that any of its owned or
operated facilities used in the performance of this contract is no
longer exempt\--

\(1\) The Contractor shall notify the Contracting Officer; and

\(2\) The Contractor, as owner or operator of a facility used in the
performance of this contract that is no longer exempt, shall (i) submit
a Toxic Chemical Release Inventory Form (Form R) on or before July 1 for
the prior calendar year during which the facility becomes eligible; and
(ii) continue to file the annual Form R for the life of the contract for
such facility.

\(d\) The Contracting Officer may terminate this contract or take other
action as appropriate, if the Contractor fails to comply accurately and
fully with the EPCRA and PPA toxic chemical release filing and reporting
requirements.

\(e\) Except for acquisitions of commercial items, as defined in FAR
Part 2, the Contractor shall\--

\(1\) For competitive subcontracts expected to exceed \$100,000
(including all options), include a solicitation provision substantially
the same as the provision at FAR 52.223-13, Certification of Toxic
Chemical Release Reporting; and

\(2\) Include in any resultant subcontract exceeding \$100,000
(including all options), the substance of this clause, except this
paragraph (e).

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I55   52.225-13   Restrictions on Certain Foreign Purchases  June 2008
  .anchor}I.55                                                          

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

\(a\) Except as authorized by the Office of Foreign Assets Control
(OFAC) in the Department of the Treasury, the Contractor shall not
acquire, for use in the performance of this contract, any supplies or
services if any proclamation, Executive order, or statute administered
by OFAC, or if OFAC\'s implementing regulations at 31 CFR chapter V,
would prohibit such a transaction by a person subject to the
jurisdiction of the United States.

\(b\) Except as authorized by OFAC, most transactions involving Cuba,
Iran, and Sudan are prohibited, as are most imports from Burma or North
Korea, into the United States or its outlying areas. Lists of entities
and individuals subject to economic sanctions are included in OFAC\'s
List of Specially Designated Nationals and Blocked Persons at
*http://www.treas.gov/offices/enforcement/ofac/sdn.* More information
about these restrictions, as well as updates, is available in the
OFAC\'s regulations at 31 CFR Chapter V and/or on OFAC\'s website at
*http://www.treas.gov/offices/enforcement/ofac.*

\(c\) The Contractor shall insert this clause, including this paragraph
(c), in all subcontracts.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I56   52.227-01   Authorization and Consent                  December 2007
  .anchor}I.56                                                          

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

\(a\) The Government authorizes and consents to all use and manufacture,
in performing this contract or any subcontract at any tier, of any
invention described in and covered by a United States patent---

\(1\) Embodied in the structure or composition of any article the
delivery of which is accepted by the Government under this contract; or

\(2\) Used in machinery, tools, or methods whose use necessarily results
from compliance by the Contractor or a subcontractor with (i)
specifications or written provisions forming a part of this contract or
(ii) specific written instructions given by the Contracting Officer
directing the manner of performance. the entire liability to the
Government for infringement of a United States patent shall be
determined solely by the provisions of the indemnity clause, if any,
included in this contract or any subcontract hereunder (including any
lower-tier subcontract), and the Government assumes liability for all
other infringement to the extent of the authorization and consent
hereinabove granted.

\(b\) The Contractor shall include the substance of this clause,
including this paragraph (b), in all subcontracts that are expected to
exceed the simplified acquisition threshold. However, omission of this
clause from any subcontract, including those at or below the simplified
acquisition threshold, does not affect this authorization and consent.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I57   52.227-02   Notice and Assistance Regarding Patent and December 2007
  .anchor}I.57               Copy Infringement                          

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

\(a\) The Contractor shall report to the Contracting Officer, promptly
and in reasonable written detail, each notice or claim of patent or
copyright infringement based on the performance of this contract of
which the Contractor has knowledge.

\(b\) In the event of any claim or suit against the Government on
account of any alleged patent or copyright infringement arising out of
the performance of this contract or out of the use of any supplies
furnished or work or services performed under this contract, the
Contractor shall furnish to the Government, when requested by the
Contracting Officer, all evidence and information in the Contractor's
possession pertaining to such claim or suit. Such evidence and
information shall be furnished at the expense of the Government except
where the Contractor has agreed to indemnify the Government.

\(c\) The Contractor shall include the substance of this clause,
including this paragraph (c), in all subcontracts that are expected to
exceed the simplified acquisition threshold.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I58   52.227-04   Patent Indemnity-Construction Contracts    December 2007
  .anchor}I.58                                                          

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

Except as otherwise provided, the Contractor shall indemnify the
Government and its officers, agents, and employees against liability,
including costs and expenses, for infringement of any United States
patent (except a patent issued upon an application that is now or may
hereafter be withheld from issue pursuant to a Secrecy Order under (35
U.S.C. 181) arising out of performing this contract or out of the use or
disposal by or for the account of the Government of supplies furnished
or work performed under this contract.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I59   52.228-02   Additional Bond Security                   October 1997
  .anchor}I.59                                                          

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

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.

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

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

\(d\) 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.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I60   52.228-05   Insurance - Work on a Government           January 1997
  .anchor}I.60               Installation                               

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

\(a\) The Contractor shall, at its own expense, provide and maintain
during the entire performance of this contract, at least the kinds and
minimum amounts of insurance required in the Schedule or elsewhere in
the contract.

\(b\) Before commencing work under this contract, the Contractor shall
notify the Contracting Officer in writing that the required insurance
has been obtained. The policies evidencing required insurance shall
contain an endorsement to the effect that any cancellation or any
material change adversely affecting the Government\'s interest shall not
be effective\--

\(1\) for such period as the laws of the State in which this contract is
to be performed prescribe; or

\(2\) until 30 days after the insurer or the Contractor gives written
notice to the Contracting Officer, whichever period is longer.

\(c\) The Contractor shall insert the substance of this clause,
including this paragraph (c), in subcontracts under this contract that
require work on a Government installation and shall require
subcontractors to provide and maintain the insurance required in the
Schedule or elsewhere in the contract. The Contractor shall maintain a
copy of all subcontractors\' proofs of required insurance, and shall
make copies available to the Contracting Officer upon request.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I61   52.228-11   Pledges of Assets                          February 1992
  .anchor}I.61                                                          

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

\(a\) Offerors shall obtain from each person acting as an individual
surety on a bid guarantee, a performance bond, or a payment bond\--

\(1\) Pledge of assets; and

\(2\) Standard Form 28, Affidavit of Individual Surety.

\(b\) Pledges of assets from each person acting as an individual surety
shall be in the form of\--

\(1\) Evidence of an escrow account containing cash, certificates of
deposit, commercial or Government securities, or other assets described
in FAR 28.203-2 (except see 28.203-2(b)(2) with respect to Government
securities held in book entry form) and/or;

\(2\) A recorded lien on real estate. The offeror will be required to
provide\--

\(i\) Evidence of title in the form of a certificate of title prepared
by a title insurance company approved by the United States Department of
Justice. This title evidence must show fee simple title vested in the
surety along with any concurrent owners; whether any real estate taxes
are due and payable; and any recorded encumbrances against the property,
including the lien filed in favor of the Government as required by FAR
28.203-3(d);

\(ii\) Evidence of the amount due under any encumbrance shown in the
evidence of title;

\(iii\) A copy of the current real estate tax assessment of the property
or a current appraisal dated no earlier than 6 months prior to the date
of the bond, prepared by a professional appraiser who certifies that the
appraisal has been conducted in accordance with the generally accepted
appraisal standards as reflected in the Uniform Standards of
Professional Appraisal Practice, as promulgated by the Appraisal
Foundation.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I62   52.228-12   Prospective Subcontractor Requests for     October 1995
  .anchor}I.62               Bonds                                      

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

In accordance with Section 806(a)(3) of Pub. L. 102-190, as amended by
Sections 2091 and 8105 of Pub. L. 103-355, upon the request of a
prospective subcontractor or supplier offering to furnish labor or
material for the performance of this contract for which a payment bond
has been furnished to the Government pursuant to the Miller Act, the
Contractor shall promptly provide a copy of such payment bond to the
requester.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I63   52.228-14   Irrevocable Letter of Credit               December 1999
  .anchor}I.63                                                          

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

\(a\) \`\`Irrevocable letter of credit\'\' (ILC), as used in this
clause, means a written commitment by a federally insured financial
institution to pay all or part of a stated amount of money, until the
expiration date of the letter, upon presentation by the Government (the
beneficiary) of a written demand therefor. Neither the financial
institution nor the offeror/Contractor can revoke or condition the
letter of credit.

\(b\) If the offeror intends to use an ILC in lieu of a bid bond, or to
secure other types of bonds such as performance and payment bonds, the
letter of credit and letter of confirmation formats in paragraphs (e)
and (f) of this clause shall be used.

\(c\) The letter of credit shall be irrevocable, shall require
presentation of no document other than a written demand and the ILC
(including confirming letter, if any), shall be issued/confirmed by an
acceptable federally insured financial institution as provided in
paragraph (d) of this clause, and\--

\(1\) If used as a bid guarantee, the ILC shall expire no earlier than
60 days after the close of the bid acceptance period;

\(2\) If used as an alternative to corporate or individual sureties as
security for a performance or payment bond, the offeror/Contractor may
submit an ILC with an initial expiration date estimated to cover the
entire period for which financial security is required or may submit an
ILC with an initial expiration date that is a minimum period of one year
from the date of issuance. The ILC shall provide that, unless the issuer
provides the beneficiary written notice of non-renewal at least 60 days
in advance of the current expiration date, the ILC is automatically
extended without amendment for one year from the expiration date, or any
future expiration date, until the period of required coverage is
completed and the Contracting Officer provides the financial institution
with a written statement waiving the right to payment. The period of
required coverage shall be:

\(i\) For contracts subject to the Miller Act, the later of\--

\(A\) One year following the expected date of final payment;

\(B\) For performance bonds only, until completion of any warranty
period; or

\(C\) For payment bonds only, until resolution of all claims filed
against the payment bond during the one-year period following final
payment.

\(ii\) For contracts not subject to the Miller Act, the later of\--

\(A\) 90 days following final payment; or

\(B\) For performance bonds only, until completion of any warranty
period.

\(d\) Only federally insured financial institutions rated investment
grade or higher shall issue or confirm the ILC. The offeror/Contractor
shall provide the Contracting Officer a credit rating that indicates the
financial institution has the required rating(s) as of the date of
issuance of the ILC. Unless the financial institution issuing the ILC
had letter of credit business of less than \$25 million in the past
year, ILCs over \$5 million must be confirmed by another acceptable
financial institution that had letter of credit business of less than
\$25 million in the past year.

\(e\) The following format shall be used by the issuing financial
institution to create an ILC:

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

\[Issuing Financial Institution\'s Letterhead or Name and Address\]

Issue Date \_\_\_\_\_\_\_\_\_\_\_\_

Irrevocable Letter Of Credit No. \_\_\_\_\_\_\_\_\_\_

Account party\'s name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Account party\'s address
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

For Solicitation No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(for reference only)

TO: \[U.S. Government agency\]

\[U.S. Government agency\'s address\]

1\. We hereby establish this irrevocable and transferable Letter of
Credit in your favor for one or more drawings up to United States
\$\_\_\_\_\_\_\_\_. This Letter of Credit is payable at \[issuing
financial institution\'s and, if any, confirming financial
institution\'s\] office at \[issuing financial institution\'s address
and, if any, confirming financial institution\'s address\] and expires
with our close of business on \_\_\_\_\_\_\_\_, or any automatically
extended expiration date.

2\. We hereby undertake to honor your or the transferee\'s sight
draft(s) drawn on the issuing or, if any, the confirming financial
institution, for all or any part of this credit if presented with this
Letter of Credit and confirmation, if any, at the office specified in
paragraph 1 of this Letter of Credit on or before the expiration date or
any automatically extended expiration date.

3\. \[This paragraph is omitted if used as a bid guarantee, and
subsequent paragraphs are renumbered.\] It is a condition of this Letter
of Credit that it is deemed to be automatically extended without
amendment for one year from the expiration date hereof, or any future
expiration date, unless at least 60 days prior to any expiration date,
we notify you or the transferee by registered mail, or other receipted
means of delivery, that we elect not to consider this Letter of Credit
renewed for any such additional period. At the time we notify you, we
also agree to notify the account party (and confirming financial
institution, if any) by the same means of delivery.

4\. This Letter of Credit is transferable. Transfers and assignments of
proceeds are to be effected without charge to either the beneficiary or
the transferee/assignee of proceeds. Such transfer or assignment shall
be only at the written direction of the Government (the beneficiary) in
a form satisfactory to the issuing financial institution and the
confirming financial institution, if any.

5\. This Letter of Credit is subject to the Uniform Customs and Practice
(UCP) for Documentary Credits, 1993 Revision, International Chamber of
Commerce Publication No. 500, and to the extent not inconsistent
therewith, to the laws of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\[state of confirming financial institution, if any, otherwise state of
issuing financial institution\].

6\. If this credit expires during an interruption of business of this
financial institution as described in Article 17 of the UCP, the
financial institution specifically agrees to effect payment if this
credit is drawn against within 30 days after the resumption of our
business.

Sincerely,

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

\[Issuing financial institution\]

\(f\) The following format shall be used by the financial institution to
confirm an ILC:

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

\[Confirming Financial Institution\'s Letterhead or Name and Address\]

(Date)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Our Letter of Credit Advice Number \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Beneficiary: \_\_\_\_\_\_\_\_\_\_\_\_\_\_ \[U.S. Government agency\]

Issuing Financial Institution:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Issuing Financial Institution\'s LC No.: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Gentlemen:

1\. We hereby confirm the above indicated Letter of Credit, the original
of which is attached, issued by \_\_\_\_\_\_\_\_\_\_ \[name of issuing
financial institution\] for drawings of up to United States dollars
\_\_\_\_\_\_\_\_\_\_\_/U.S. \$\_\_\_\_\_\_\_ and expiring with our close
of business on \_\_\_\_\_\_\_\_\_\_\_\_\_ \[the expiration date\], or
any automatically extended expiration date.

2\. Draft(s) drawn under the Letter of Credit and this Confirmation are
payable at our office located at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

3\. We hereby undertake to honor sight draft(s) drawn under and
presented with the Letter of Credit and this Confirmation at our offices
as specified herein.

4\. \[This paragraph is omitted if used as a bid guarantee, and
subsequent paragraphs are renumbered.\] It is a condition of this
confirmation that it be deemed automatically extended without amendment
for one year from the expiration date hereof, or any automatically
extended expiration date, unless:

\(a\) At least 60 days prior to any such expiration date, we shall
notify the Contracting Officer, or the transferee and the issuing
financial institution, by registered mail or other receipted means of
delivery, that we elect not to consider this confirmation extended for
any such additional period; or

\(b\) The issuing financial institution shall have exercised its right
to notify you or the transferee, the account party, and ourselves, of
its election not to extend the expiration date of the Letter of Credit.

5\. This confirmation is subject to the Uniform Customs and Practice
(UCP) for Documentary Credits, 1993 Revision, International Chamber of
Commerce Publication No. 500, and to the extent not inconsistent
therewith, to the laws of \_\_\_\_\_\_\_\_ \[state of confirming
financial institution\].

6\. If this confirmation expires during an interruption of business of
this financial institution as described in Article 17 of the UCP, we
specifically agree to effect payment if this credit is drawn against
within 30 days after the resumption of our business.

Sincerely,

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

\[Confirming financial institution\]

\(g\) The following format shall be used by the Contracting Officer for
a sight draft to draw on the Letter of Credit:

SIGHT DRAFT

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

\[City, State\]

(Date)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[Name and address of financial institution\]

Pay to the order of \_\_\_\_\_\_\_\_\_\_\_\_\_\_ \[Beneficiary Agency\]
\_\_\_\_\_\_\_\_\_\_\_ the sum of United States
\$\_\_\_\_\_\_\_\_\_\_\_\_. This draft is drawn under Irrevocable Letter
of Credit No.
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

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

\[Beneficiary Agency\]

By: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I64   52.228-15   Performance and Payment                    November 2006
  .anchor}I.64               Bonds\--Construction                       

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

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

\"Original contract price\" means the award price of the contract; or,
for requirements contracts, the price payable for the estimated total
quantity; or, for indefinite-quantity 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 furnish performance and
payment bonds to the Contracting Officer as follows:

\(1\) Performance bonds (Standard Form 25). The penal amount of
performance bonds at the time of contract award shall be 100 percent of
the original contract price.

\(2\) Payment Bonds (Standard Form 25-A). The penal amount of payment
bonds at the time of contract award shall be 100 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 100
percent of the increase 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, but 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, in
accordance with Treasury Department regulations, certain bonds or notes
of the United States. Treasury Circular 570 is published in the Federal
Register or may be obtained from the:

U.S. Department of the 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 first furnished labor or material for use in the
performance of the contract.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I65   52.229-03   Federal, State, and Local Taxes            April 2003
  .anchor}I.65                                                          

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

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

\"After-imposed Federal tax\" means any new or increased Federal excise
tax or duty, or tax that was exempted or excluded on the contract date
but whose exemption was later revoked or reduced during the contract
period, on the transactions or property covered by this contract that
the Contractor is required to pay or bear as the result of legislative,
judicial, or administrative action taking effect after the contract
date. It does not include social security tax or other employment taxes.

\"After-relieved Federal tax\" means any amount of Federal excise tax or
duty, except social security or other employment taxes, that would
otherwise have been payable on the transactions or property covered by
this contract, but which the Contractor is not required to pay or bear,
or for which the Contractor obtains a refund or drawback, as the result
of legislative, judicial, or administrative action taking effect after
the contract date.

\"All applicable Federal, State, and local taxes and duties\" means all
taxes and duties, in effect on the contract date, that the taxing
authority is imposing and collecting on the transactions or property
covered by this contract.

\"Contract date\" means the date set for bid opening or, if this is a
negotiated contract or a modification, the effective date of this
contract or modification.

\"Local taxes\" includes taxes imposed by a possession or territory of
the United States, Puerto Rico, or the Northern Mariana Islands, if the
contract is performed wholly or partly in any of those areas.

\(b\) The contract price includes all applicable Federal, State, and
local taxes and duties.

\(c\) The contract price shall be increased by the amount of any
after-imposed Federal tax, provided the Contractor warrants in writing
that no amount for such newly imposed Federal excise tax or duty or rate
increase was included in the contract price, as a contingency reserve or
otherwise.

\(d\) The contract price shall be decreased by the amount of any
after-relieved Federal tax.

\(e\) The contract price shall be decreased by the amount of any Federal
excise tax or duty, except social security or other employment taxes,
that the Contractor is required to pay or bear, or does not obtain a
refund of, through the Contractor\'s fault, negligence, or failure to
follow instructions of the Contracting Officer.

\(f\) No adjustment shall be made in the contract price under this
clause unless the amount of the adjustment exceeds \$250.

\(g\) The Contractor shall promptly notify the Contracting Officer of
all matters relating to any Federal excise tax or duty that reasonably
may be expected to result in either an increase or decrease in the
contract price and shall take appropriate action as the Contracting
Officer directs.

\(h\) The Government shall, without liability, furnish evidence
appropriate to establish exemption from any Federal, State, or local tax
when the Contractor requests such evidence and a reasonable basis exists
to sustain the exemption.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I66   52.232-05   Payments under Fixed-Price Construction    September 2002
  .anchor}I.66               Contracts                                  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Name)

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

(Title)

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

(Date)

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

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

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

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

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

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

\(f\) Title, liability, and reservation of rights. All material and work
covered by progress payments made shall, at the time of payment, become
the sole property of the Government, but this shall not be construed
as\--

\(1\) Relieving the Contractor from the sole responsibility for all
material and work upon which payments have been made or the restoration
of any damaged work; or

\(2\) Waiving the right of the Government to require the fulfillment of
all of the terms of the contract.

\(g\) Reimbursement for bond premiums. In making these progress
payments, the Government shall, upon request, reimburse the Contractor
for the amount of premiums paid for performance and payment bonds
(including coinsurance and reinsurance agreements, when applicable)
after the Contractor has furnished evidence of full payment to the
surety. The retainage provisions in paragraph (e) of this clause shall
not apply to that portion of progress payments attributable to bond
premiums.

\(h\) Final payment. The Government shall pay the amount due the
Contractor under this contract after\--

\(1\) Completion and acceptance of all work;

\(2\) Presentation of a properly executed voucher; and

\(3\) Presentation of release of all claims against

the Government arising by virtue of this contract, other than claims, in
stated amounts, that the Contractor has specifically excepted from the
operation of the release. A release may also be required of the assignee
if the Contractor\'s claim to amounts payable under this contract has
been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727
and 41 U.S.C. 15).

\(i\) Limitation because of undefinitized work. Notwithstanding any
provision of this contract, progress payments shall not exceed 80
percent on work accomplished on undefinitized contract actions. A
\"contract action\" is any action resulting in a contract, as defined in
FAR Subpart 2.1, including contract modifications for additional
supplies or services, but not including contract modifications that are
within the scope and under the terms of the contract, such as contract
modifications issued pursuant to the Changes clause, or funding and
other administrative changes.

\(j\) Interest computation on unearned amounts. In accordance with 31
U.S.C. 3903(c)(1), the amount payable under subparagraph (d)(2) of this
clause shall be\--

\(1\) Computed at the rate of average bond equivalent rates of 91-day
Treasury bills auctioned at the most recent auction of such bills prior
to the date the Contractor receives the unearned amount; and

\(2\) Deducted from the next available payment to the Contractor.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I67   52.232-17   Interest                                   June 1996
  .anchor}I.67                                                          

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

\(a\) Except as otherwise provided in this contract under a Price
Reduction for Defective Cost or Pricing Data clause or a Cost Accounting
Standards clause, all amounts that become payable by the Contractor to
the Government under this contract (net of any applicable tax credit
under the Internal Revenue Code (26 U.S.C. 1481)) shall bear simple
interest from the date due until paid unless paid within 30 days of
becoming due. The interest rate shall be the interest rate established
by the Secretary of the Treasury as provided in Section 12 of the
Contract Disputes Act of 1978 (Public Law 95-563), which is applicable
to the period in which the amount becomes due, as provided in paragraph
(b) of this clause, and then at the rate applicable for each six-month
period as fixed by the Secretary until the amount is paid.

\(b\) Amounts shall be due at the earliest of the following dates\--

\(1\) The date fixed under this contract.

\(2\) The date of the first written demand for payment consistent with
this contract, including any demand resulting from a default
termination.

\(3\) The date the Government transmits to the Contractor a proposed
supplemental agreement to confirm completed negotiations establishing
the amount of debt.

\(4\) If this contract provides for revision of prices, the date of
written notice to the Contractor stating the amount of refund payable in
connection with a pricing proposal or a negotiated pricing agreement not
confirmed by contract modification.

\(c\) The interest charge made under this clause may be reduced under
the procedures prescribed in 32.614-2 of the Federal Acquisition
Regulation in effect on the date of this contract.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I68   52.232-23   Assignment of Claims                       January 1986
  .anchor}I.68                                                          

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

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

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

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

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I69   52.232-27   Prompt Payment for Construction Contracts  September 2005
  .anchor}I.69                                                          

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

Notwithstanding any other payment terms in this contract, the Government
will make invoice payments under the terms and conditions specified in
this clause. The Government considers payment as being made on the day a
check is dated or the date of an electronic funds transfer. Definitions
of pertinent terms are set forth in sections 2.101, 32.001, and 32.902
of the Federal Acquisition Regulation. All days referred to in this
clause are calendar days, unless otherwise specified. (However, see
paragraph (a)(3) concerning payments due on Saturdays, Sundays, and
legal holidays.)

\(a\) Invoice payments---(1) Types of invoice payments. For purposes of
this clause, there are several types of invoice payments that may occur
under this contract, as follows:

\(i\) Progress payments, if provided for elsewhere in this contract,
based on Contracting Officer approval of the estimated amount and value
of work or services performed, including payments for reaching
milestones in any project.

\(A\) The due date for making such payments is 14 days after the
designated billing office receives a proper payment request. If the
designated billing office fails to annotate the payment request with the
actual date of receipt at the time of receipt, the payment due date is
the 14th day after the date of the Contractor\'s payment request,
provided the designated billing office receives a proper payment request
and there is no disagreement over quantity, quality, or Contractor
compliance with contract requirements.

\(B\) The due date for payment of any amounts retained by the
Contracting Officer in accordance with the clause at 52.232-5, Payments
Under Fixed-Price Construction Contracts, is as specified in the
contract or, if not specified, 30 days after approval by the Contracting
Officer for release to the Contractor.

\(ii\) Final payments based on completion and acceptance of all work and
presentation of release of all claims against the Government arising by
virtue of the contract, and payments for partial deliveries that have
been accepted by the Government (e.g., each separate building, public
work, or other division of the contract for which the price is stated
separately in the contract).

\(A\) The due date for making such payments is the later of the
following two events:

\(1\) The 30th day after the designated billing office receives a proper
invoice from the Contractor.

\(2\) The 30th day after Government acceptance of the work or services
completed by the Contractor. For a final invoice when the payment amount
is subject to contract settlement actions (e.g., release of claims),
acceptance is deemed to occur on the effective date of the contract
settlement.

\(B\) If the designated billing office fails to annotate the invoice
with the date of actual receipt at the time of receipt, the invoice
payment due date is the 30th day after the date of the Contractor\'s
invoice, provided the designated billing office receives a proper
invoice and there is no disagreement over quantity, quality, or
Contractor compliance with contract requirements.

\(2\) Contractor\'s invoice. The Contractor shall prepare and submit
invoices to the designated billing office specified in the contract. A
proper invoice must include the items listed in paragraphs (a)(2)(i)
through (a)(2)(xi) of this clause. If the invoice does not comply with
these requirements, the designated billing office must return it within
7 days after receipt, with the reasons why it is not a proper invoice.
When computing any interest penalty owed the Contractor, the Government
will take into account if the Government notifies the Contractor of an
improper invoice in an untimely manner.

\(i\) Name and address of the Contractor.

\(ii\) Invoice date and invoice number. (The Contractor should date
invoices as close as possible to the date of mailing or transmission.)

\(iii\) Contract number or other authorization for work or services
performed (including order number and contract line item number).

\(iv\) Description of work or services performed.

\(v\) Delivery and payment terms (e.g., discount for prompt payment
terms).

\(vi\) Name and address of Contractor official to whom payment is to be
sent (must be the same as that in the contract or in a proper notice of
assignment).

\(vii\) Name (where practicable), title, phone number, and mailing
address of person to notify in the event of a defective invoice.

\(viii\) For payments described in paragraph (a)(1)(i) of this clause,
substantiation of the amounts requested and certification in accordance
with the requirements of the clause at 52.232-5, Payments Under
Fixed-Price Construction Contracts.

\(ix\) Taxpayer Identification Number (TIN). The Contractor shall
include its TIN on the invoice only if required elsewhere in this
contract.

\(x\) Electronic funds transfer (EFT) banking information.

\(A\) The Contractor shall include EFT banking information on the
invoice only if required elsewhere in this contract.

\(B\) If EFT banking information is not required to be on the invoice,
in order for the invoice to be a proper invoice, the Contractor shall
have submitted correct EFT banking information in accordance with the
applicable solicitation provision (e.g., 52.232-38, Submission of
Electronic Funds Transfer Information with Offer), contract clause
(e.g., 52.232-33, Payment by Electronic Funds Transfer---Central
Contractor Registration, or 52.232-34, Payment by Electronic Funds
Transfer---Other Than Central Contractor Registration), or applicable
agency procedures.

\(C\) EFT banking information is not required if the Government waived
the requirement to pay by EFT.

\(xi\) Any other information or documentation required by the contract.

\(3\) Interest penalty. The designated payment office will pay an
interest penalty automatically, without request from the Contractor, if
payment is not made by the due date and the conditions listed in
paragraphs (a)(3)(i) through (a)(3)(iii) of this clause are met, if
applicable. However, when the due date falls on a Saturday, Sunday, or
legal holiday, the designated payment office may make payment on the
following working day without incurring a late payment interest penalty.

\(i\) The designated billing office received a proper invoice.

\(ii\) The Government processed a receiving report or other Government
documentation authorizing payment and there was no disagreement over
quantity, quality, Contractor compliance with any contract term or
condition, or requested progress payment amount.

\(iii\) In the case of a final invoice for any balance of funds due the
Contractor for work or services performed, the amount was not subject to
further contract settlement actions between the Government and the
Contractor.

\(4\) Computing penalty amount. The Government will compute the interest
penalty in accordance with the Office of Management and Budget prompt
payment regulations at 5 CFR part 1315.

\(i\) For the sole purpose of computing an interest penalty that might
be due the Contractor for payments described in paragraph (a)(1)(ii) of
this clause, Government acceptance or approval is deemed to occur
constructively on the 7th day after the Contractor has completed the
work or services in accordance with the terms and conditions of the
contract. If actual acceptance or approval occurs within the
constructive acceptance or approval period, the Government will base the
determination of an interest penalty on the actual date of acceptance or
approval. Constructive acceptance or constructive approval requirements
do not apply if there is a disagreement over quantity, quality, or
Contractor compliance with a contract provision. These requirements also
do not compel Government officials to accept work or services, approve
Contractor estimates, perform contract administration functions, or make
payment prior to fulfilling their responsibilities.

\(ii\) The prompt payment regulations at 5 CFR 1315.10(c) do not require
the Government to pay interest penalties if payment delays are due to
disagreement between the Government and the Contractor over the payment
amount or other issues involving contract compliance, or on amounts
temporarily withheld or retained in accordance with the terms of the
contract. The Government and the Contractor shall resolve claims
involving disputes, and any interest that may be payable in accordance
with the clause at FAR 52.233-1, Disputes.

\(5\) Discounts for prompt payment. The designated payment office will
pay an interest penalty automatically, without request from the
Contractor, if the Government takes a discount for prompt payment
improperly. The Government will calculate the interest penalty in
accordance with the prompt payment regulations at 5 CFR part 1315.

\(6\) Additional interest penalty. (i) The designated payment office
will pay a penalty amount, calculated in accordance with the prompt
payment regulations at 5 CFR part 1315 in addition to the interest
penalty amount only if---

\(A\) The Government owes an interest penalty of \$1 or more;

\(B\) The designated payment office does not pay the interest penalty
within 10 days after the date the invoice amount is paid; and

\(C\) The Contractor makes a written demand to the designated payment
office for additional penalty payment, in accordance with paragraph
(a)(6)(ii) of this clause, postmarked not later than 40 days after the
date the invoice amount is paid.

(ii)(A) The Contractor shall support written demands for additional
penalty payments with the following data. The Government will not
request any additional data. The Contractor shall---

\(1\) Specifically assert that late payment interest is due under a
specific invoice, and request payment of all overdue late payment
interest penalty and such additional penalty as may be required;

\(2\) Attach a copy of the invoice on which the unpaid late payment
interest was due; and

\(3\) State that payment of the principal has been received, including
the date of receipt.

\(B\) If there is no postmark or the postmark is illegible---

\(1\) The designated payment office that receives the demand will
annotate it with the date of receipt provided the demand is received on
or before the 40th day after payment was made; or

\(2\) If the designated payment office fails to make the required
annotation, the Government will determine the demand\'s validity based
on the date the Contractor has placed on the demand, provided such date
is no later than the 40th day after payment was made.

\(b\) Contract financing payments. If this contract provides for
contract financing, the Government will make contract financing payments
in accordance with the applicable contract financing clause.

\(c\) Subcontract clause requirements. The Contractor shall include in
each subcontract for property or services (including a material
supplier) for the purpose of performing this contract the following:

\(1\) Prompt payment for subcontractors. A payment clause that obligates
the Contractor to pay the subcontractor for satisfactory performance
under its subcontract not later than 7 days from receipt of payment out
of such amounts as are paid to the Contractor under this contract.

\(2\) Interest for subcontractors. An interest penalty clause that
obligates the Contractor to pay to the subcontractor an interest penalty
for each payment not made in accordance with the payment clause---

\(i\) For the period beginning on the day after the required payment
date and ending on the date on which payment of the amount due is made;
and

\(ii\) Computed at the rate of interest established by the Secretary of
the Treasury, and published in the Federal Register, for interest
payments under section 12 of the Contract Disputes Act of 1978 (41
U.S.C. 611) in effect at the time the Contractor accrues the obligation
to pay an interest penalty.

\(3\) Subcontractor clause flowdown. A clause requiring each
subcontractor to---

\(i\) Include a payment clause and an interest penalty clause conforming
to the standards set forth in paragraphs (c)(1) and (c)(2) of this
clause in each of its subcontracts; and

\(ii\) Require each of its subcontractors to include such clauses in
their subcontracts with each lower-tier subcontractor or supplier.

\(d\) Subcontract clause interpretation. The clauses required by
paragraph (c) of this clause shall not be construed to impair the right
of the Contractor or a subcontractor at any tier to negotiate, and to
include in their subcontract, provisions that---

\(1\) Retainage permitted. Permit the Contractor or a subcontractor to
retain (without cause) a specified percentage of each progress payment
otherwise due to a subcontractor for satisfactory performance under the
subcontract without incurring any obligation to pay a late payment
interest penalty, in accordance with terms and conditions agreed to by
the parties to the subcontract, giving such recognition as the parties
deem appropriate to the ability of a subcontractor to furnish a
performance bond and a payment bond;

\(2\) Withholding permitted. Permit the Contractor or subcontractor to
make a determination that part or all of the subcontractor\'s request
for payment may be withheld in accordance with the subcontract
agreement; and

\(3\) Withholding requirements. Permit such withholding without
incurring any obligation to pay a late payment penalty if---

\(i\) A notice conforming to the standards of paragraph (g) of this
clause previously has been furnished to the subcontractor; and

\(ii\) The Contractor furnishes to the Contracting Officer a copy of any
notice issued by a Contractor pursuant to paragraph (d)(3)(i) of this
clause.

\(e\) Subcontractor withholding procedures. If a Contractor, after
making a request for payment to the Government but before making a
payment to a subcontractor for the subcontractor\'s performance covered
by the payment request, discovers that all or a portion of the payment
otherwise due such subcontractor is subject to withholding from the
subcontractor in accordance with the subcontract agreement, then the
Contractor shall---

\(1\) Subcontractor notice. Furnish to the subcontractor a notice
conforming to the standards of paragraph (g) of this clause as soon as
practicable upon ascertaining the cause giving rise to a withholding,
but prior to the due date for subcontractor payment;

\(2\) Contracting Officer notice. Furnish to the Contracting Officer, as
soon as practicable, a copy of the notice furnished to the subcontractor
pursuant to paragraph (e)(1) of this clause;

\(3\) Subcontractor progress payment reduction. Reduce the
subcontractor\'s progress payment by an amount not to exceed the amount
specified in the notice of withholding furnished under paragraph (e)(1)
of this clause;

\(4\) Subsequent subcontractor payment. Pay the subcontractor as soon as
practicable after the correction of the identified subcontract
performance deficiency, and---

\(i\) Make such payment within---

\(A\) Seven days after correction of the identified subcontract
performance deficiency (unless the funds therefore must be recovered
from the Government because of a reduction under paragraph (e)(5)(i)) of
this clause; or

\(B\) Seven days after the Contractor recovers such funds from the
Government; or

\(ii\) Incur an obligation to pay a late payment interest penalty
computed at the rate of interest established by the Secretary of the
Treasury, and published in the Federal Register, for interest payments
under section 12 of the Contracts Disputes Act of 1978 (41 U.S.C. 611)
in effect at the time the Contractor accrues the obligation to pay an
interest penalty;

\(5\) Notice to Contracting Officer. Notify the Contracting Officer
upon---

\(i\) Reduction of the amount of any subsequent certified application
for payment; or

\(ii\) Payment to the subcontractor of any withheld amounts of a
progress payment, specifying---

\(A\) The amounts withheld under paragraph (e)(1) of this clause; and

\(B\) The dates that such withholding began and ended; and

\(6\) Interest to Government. Be obligated to pay to the Government an
amount equal to interest on the withheld payments (computed in the
manner provided in 31 U.S.C. 3903(c)(1)), from the 8th day after receipt
of the withheld amounts from the Government until---

\(i\) The day the identified subcontractor performance deficiency is
corrected; or

\(ii\) The date that any subsequent payment is reduced under paragraph
(e)(5)(i) of this clause.

\(f\) Third-party deficiency reports---(1) Withholding from
subcontractor. If a Contractor, after making payment to a first-tier
subcontractor, receives from a supplier or subcontractor of the
first-tier subcontractor (hereafter referred to as a \"second-tier
subcontractor\") a written notice in accordance with the Miller Act (40
U.S.C. 3133), asserting a deficiency in such first-tier subcontractor\'s
performance under the contract for which the Contractor may be
ultimately liable, and the Contractor determines that all or a portion
of future payments otherwise due such first-tier subcontractor is
subject to withholding in accordance with the subcontract agreement, the
Contractor may, without incurring an obligation to pay an interest
penalty under paragraph (e)(6) of this clause---

\(i\) Furnish to the first-tier subcontractor a notice conforming to the
standards of paragraph (g) of this clause as soon as practicable upon
making such determination; and

\(ii\) Withhold from the first-tier subcontractor\'s next available
progress payment or payments an amount not to exceed the amount
specified in the notice of withholding furnished under paragraph
(f)(1)(i) of this clause.

\(2\) Subsequent payment or interest charge. As soon as practicable, but
not later than 7 days after receipt of satisfactory written notification
that the identified subcontract performance deficiency has been
corrected, the Contractor shall---

\(i\) Pay the amount withheld under paragraph (f)(1)(ii) of this clause
to such first-tier subcontractor; or

\(ii\) Incur an obligation to pay a late payment interest penalty to
such first-tier subcontractor computed at the rate of interest
established by the Secretary of the Treasury, and published in the
Federal Register, for interest payments under section 12 of the
Contracts Disputes Act of 1978 (41 U.S.C. 611) in effect at the time the
Contractor accrues the obligation to pay an interest penalty.

\(g\) Written notice of subcontractor withholding. The Contractor shall
issue a written notice of any withholding to a subcontractor (with a
copy furnished to the Contracting Officer), specifying---

\(1\) The amount to be withheld;

\(2\) The specific causes for the withholding under the terms of the
subcontract; and

\(3\) The remedial actions to be taken by the subcontractor in order to
receive payment of the amounts withheld.

\(h\) Subcontractor payment entitlement. The Contractor may not request
payment from the Government of any amount withheld or retained in
accordance with paragraph (d) of this clause until such time as the
Contractor has determined and certified to the Contracting Officer that
the subcontractor is entitled to the payment of such amount.

\(i\) Prime-subcontractor disputes. A dispute between the Contractor and
subcontractor relating to the amount or entitlement of a subcontractor
to a payment or a late payment interest penalty under a clause included
in the subcontract pursuant to paragraph (c) of this clause does not
constitute a dispute to which the Government is a party. The Government
may not be interpleaded in any judicial or administrative proceeding
involving such a dispute.

\(j\) Preservation of prime-subcontractor rights. Except as provided in
paragraph (i) of this clause, this clause shall not limit or impair any
contractual, administrative, or judicial remedies otherwise available to
the Contractor or a subcontractor in the event of a dispute involving
late payment or nonpayment by the Contractor or deficient subcontract
performance or nonperformance by a subcontractor.

\(k\) Non-recourse for prime contractor interest penalty. The
Contractor\'s obligation to pay an interest penalty to a subcontractor
pursuant to the clauses included in a subcontract under paragraph (c) of
this clause shall not be construed to be an obligation of the Government
for such interest penalty. A cost-reimbursement claim may not include
any amount for reimbursement of such interest penalty.

\(l\) Overpayments. If the Contractor becomes aware of a duplicate
contract financing or invoice payment or that the Government has
otherwise overpaid on a contract financing or invoice payment, the
Contractor shall immediately notify the Contracting Officer and request
instructions for disposition of the overpayment.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I70   52.232-33   Payment by Electronic Funds                October 2003
  .anchor}I.70               Transfer-Central Contractor Registration   

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

As prescribed in 32.1110(a)(1), insert the following clause:

Payment by Electronic Funds Transfer-Central Contractor Registration
(Oct 2003)

\(a\) Method of payment.

\(1\) All payments by the Government under this contract shall be made
by electronic funds transfer (EFT), except as provided in paragraph
(a)(2) of this clause. As used in this clause, the term \"EFT\" refers
to the funds transfer and may also include the payment information
transfer.

\(2\) In the event the Government is unable to release one or more
payments by EFT, the Contractor agrees to either-

\(i\) Accept payment by check or some other mutually agreeable method of
payment; or

\(ii\) Request the Government to extend the payment due date until such
time as the Government can make payment by EFT (but see paragraph (d) of
this clause).

\(b\) Contractor\'s EFT information. The Government shall make payment
to the Contractor using the EFT information contained in the Central
Contractor Registration (CCR) database. In the event that the EFT
information changes, the Contractor shall be responsible for providing
the updated information to the CCR database.

\(c\) Mechanisms for EFT payment. The Government may make payment by EFT
through either the Automated Clearing House (ACH) network, subject to
the rules of the National Automated Clearing House Association, or the
Fedwire Transfer System. The rules governing Federal payments through
the ACH are contained in 31 CFR part 210.

\(d\) Suspension of payment. If the Contractor\'s EFT information in the
CCR database is incorrect, then the Government need not make payment to
the Contractor under this contract until correct EFT information is
entered into the CCR database; and any invoice or contract financing
request shall be deemed not to be a proper invoice for the purpose of
prompt payment under this contract. The prompt payment terms of the
contract regarding notice of an improper invoice and delays in accrual
of interest penalties apply.

\(e\) Liability for uncompleted or erroneous transfers.

\(1\) If an uncompleted or erroneous transfer occurs because the
Government used the Contractor\'s EFT information incorrectly, the
Government remains responsible for-

\(i\) Making a correct payment;

\(ii\) Paying any prompt payment penalty due; and

\(iii\) Recovering any erroneously directed funds.

\(2\) If an uncompleted or erroneous transfer occurs because the
Contractor\'s EFT information was incorrect, or was revised within 30
days of Government release of the EFT payment transaction instruction to
the Federal Reserve System, and-

\(i\) If the funds are no longer under the control of the payment
office, the Government is deemed to have made payment and the Contractor
is responsible for recovery of any erroneously directed funds; or

\(ii\) If the funds remain under the control of the payment office, the
Government shall not make payment, and the provisions of paragraph (d)
of this clause shall apply.

\(f\) EFT and prompt payment. A payment shall be deemed to have been
made in a timely manner in accordance with the prompt payment terms of
this contract if, in the EFT payment transaction instruction released to
the Federal Reserve System, the date specified for settlement of the
payment is on or before the prompt payment due date, provided the
specified payment date is a valid date under the rules of the Federal
Reserve System.

\(g\) EFT and assignment of claims. If the Contractor assigns the
proceeds of this contract as provided for in the assignment of claims
terms of this contract, the Contractor shall require as a condition of
any such assignment, that the assignee shall register separately in the
CCR database and shall be paid by EFT in accordance with the terms of
this clause. Notwithstanding any other requirement of this contract,
payment to an ultimate recipient other than the Contractor, or a
financial institution properly recognized under an assignment of claims
pursuant to Subpart 32.8, is not permitted. In all respects, the
requirements of this clause shall apply to the assignee as if it were
the Contractor. EFT information that shows the ultimate recipient of the
transfer to be other than the Contractor, in the absence of a proper
assignment of claims acceptable to the Government, is incorrect EFT
information within the meaning of paragraph (d) of this clause.

\(h\) Liability for change of EFT information by financial agent. The
Government is not liable for errors resulting from changes to EFT
information made by the Contractor\'s financial agent.

\(i\) Payment information. The payment or disbursing office shall
forward to the Contractor available payment information that is suitable
for transmission as of the date of release of the EFT instruction to the
Federal Reserve System. The Government may request the Contractor to
designate a desired format and method(s) for delivery of payment
information from a list of formats and methods the payment office is
capable of executing. However, the Government does not guarantee that
any particular format or method of delivery is available at any
particular payment office and retains the latitude to use the format and
delivery method most convenient to the Government. If the Government
makes payment by check in accordance with paragraph (a) of this clause,
the Government shall mail the payment information to the remittance
address contained in the CCR database.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I71   52.233-01   Disputes (Jul 2002) - Alternate I          December 1991
  .anchor}I.71   Alt I                                                  

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

\(a\) This contract is subject to the Contract Disputes Act of 1978, as
amended (41 U.S.C. 601-613).

\(b\) Except as provided in the Act, all disputes arising under or
relating to this contract shall be resolved under this clause.

\(c\) "Claim," as used in this clause, means a written demand or written
assertion by one of the contracting parties seeking, as a matter of
right, the payment of money in a sum certain, the adjustment or
interpretation of contract terms, or other relief arising under or
relating to this contract. However, a written demand or written
assertion by the Contractor seeking the payment of money exceeding
\$100,000 is not a claim under the Act until certified. A voucher,
invoice, or other routine request for payment that is not in dispute
when submitted is not a claim under the Act. The submission may be
converted to a claim under the Act, by complying with the submission and
certification requirements of this clause, if it is disputed either as
to liability or amount or is not acted upon in a reasonable time.

(d)(1) A claim by the Contractor shall be made in writing and, unless
otherwise stated in this contract, submitted within 6 years after
accrual of the claim to the Contracting Officer for a written decision.
A claim by the Government against the Contractor shall be subject to a
written decision by the Contracting Officer.

\(2\) (i) Contractors shall provide the certification specified in
subparagraph (d)(2)(iii) of this clause when submitting any claim -

\(A\) Exceeding \$100,000; or

\(B\) Regardless of the amount claimed, when using -

\(1\) Arbitration conducted pursuant to 5 U.S.C. 575-580; or

\(2\) Any other alternative means of dispute resolution (ADR) technique
that the agency elects to handle in accordance with the Administrative
Dispute Resolution Act (ADRA).

\(ii\) The certification requirement does not apply to issues in
controversy that have not been submitted as all or part of a claim.

\(iii\) The certification shall state as follows: \"I certify that the
claim is made in good faith; that the supporting data are accurate and
complete to the best of my knowledge and belief; that the amount
requested accurately reflects the contract adjustment for which the
Contractor believes the Government is liable; and that I am duly
authorized to certify the claim on behalf of the Contractor.

\(3\) The certification may be executed by any person duly authorized to
bind the Contractor with respect to the claim.

\(e\) For Contractor claims of \$100,000 or less, the Contracting
Officer must, if requested in writing by the Contractor, render a
decision within 60 days of the request. For Contractor-certified claims
over \$100,000, the Contracting Officer must, within 60 days, decide the
claim or notify the Contractor of the date by which the decision will be
made.

\(f\) The Contracting Officer\'s decision shall be final unless the
Contractor appeals or files a suit as provided in the Act.

\(g\) If the claim by the Contractor is submitted to the Contracting
Officer or a claim by the Government is presented to the Contractor, the
parties, by mutual consent, may agree to use ADR. If the Contractor
refuses an offer for alternative disputes resolution, the Contractor
shall inform the Contracting Officer, in writing, of the Contractor\'s
specific reasons for rejecting the request. When using arbitration
conducted pursuant to 5 U.S.C. 575-580, or when using any other ADR
technique that the agency elects to handle in accordance with the ADRA,
any claim, regardless of amount, shall be accompanied by the
certification described in subparagraph (d)(2)(iii) of this clause, and
executed in accordance with subparagraph (d)(3) of this clause.

\(h\) The Government shall pay interest on the amount found due and
unpaid from (1) the date the Contracting Officer receives the claim
(certified, if required); or (2) the date that payment otherwise would
be due, if that date is later, until the date of payment. With regard to
claims having defective certifications, as defined in (FAR) 48 CFR
33.201, interest shall be paid from the date that the Contracting
Officer initially receives the claim. Simple interest on claims shall be
paid at the rate, fixed by the Secretary of the Treasury as provided in
the Act, which is applicable to the period during which the Contracting
Officer receives the claim and then at the rate applicable for each
6-month period as fixed by the Treasury Secretary during the pendency of
the claim.

\(i\) The Contractor shall proceed diligently with performance of this
contract, pending final resolution of any request for relief, claim,
appeal, or action arising under or relating to the contract, and comply
with any decision of the Contracting Officer.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I72   52.233-03   Protest after Award                        August 1996
  .anchor}I.72                                                          

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

\(a\) Upon receipt of a notice of protest (as defined in FAR 33.101) or
a determination that a protest is likely (see FAR 33.102(d)), the
Contracting Officer may, by written order to the Contractor, direct the
Contractor to stop performance of the work called for by this contract.
The order shall be specifically identified as a stop-work order issued
under this clause. Upon receipt of the order, the Contractor shall
immediately comply with its terms and take all reasonable steps to
minimize the incurrence of costs allocable to the work covered by the
order during the period of work stoppage. Upon receipt of the final
decision in the protest, the Contracting Officer shall either\--

\(1\) Cancel the stop-work order; or

\(2\) Terminate the work covered by the order as provided in the
Default, or the Termination for Convenience of the Government, clause of
this contract.

\(b\) If a stop-work order issued under this clause is canceled either
before or after a final decision in the protest, the Contractor shall
resume work. The Contracting Officer shall make an equitable adjustment
in the delivery schedule or contract price, or both, and the contract
shall be modified, in writing, accordingly, if\--

\(1\) The stop-work order results in an increase in the time required
for, or in the Contractor\'s cost properly allocable to, the performance
of any part of this contract; and

\(2\) The Contractor asserts its right to an adjustment within 30 days
after the end of the period of work stoppage; provided, that if the
Contracting Officer decides the facts justify the action, the
Contracting Officer may receive and act upon a proposal at any time
before final payment under this contract.

\(c\) If a stop-work order is not canceled and the work covered by the
order is terminated for the convenience of the Government, the
Contracting Officer shall allow reasonable costs resulting from the
stop-work order in arriving at the termination settlement.

\(d\) If a stop-work order is not canceled and the work covered by the
order is terminated for default, the Contracting Officer shall allow, by
equitable adjustment or otherwise, reasonable costs resulting from the
stop-work order.

\(e\) The Government\'s rights to terminate this contract at any time
are not affected by action taken under this clause.

\(f\) If, as the result of the Contractor\'s intentional or negligent
misstatement, misrepresentation, or miscertification, a protest related
to this contract is sustained, and the Government pays costs, as
provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require
the Contractor to reimburse the Government the amount of such costs. In
addition to any other remedy available, and pursuant to the requirements
of Subpart 32.6, the Government may collect this debt by offsetting the
amount against any payment due the Contractor under any contract between
the Contractor and the Government.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I73   52.236-02   Differing Site Conditions                  April 1984
  .anchor}I.73                                                          

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

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

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

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

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

\(c\) No request by the Contractor for an equitable adjustment to the
contract under this clause shall be allowed, unless the Contractor has
given the written notice required; provided, that the time prescribed in
(a) above for giving written notice may be extended by the Contracting
Officer.

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

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I74   52.236-03   Site Investigation and Conditions          April 1984
  .anchor}I.74               Affecting the Work                         

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

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

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

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

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

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

\(5\) the character of equipment and facilities needed preliminary to
and during work performance. The Contractor also acknowledges that it
has satisfied itself as to the character, quality, and quantity of
surface and subsurface materials or obstacles to be encountered insofar
as this information is reasonably ascertainable from an inspection of
the site, including all exploratory work done by the Government, as well
as from the drawings and specifications made a part of this contract.
Any failure of the Contractor to take the actions described and
acknowledged in this paragraph will not relieve the Contractor from
responsibility for estimating properly the difficulty and cost of
successfully performing the work, or for proceeding to successfully
perform the work without additional expense to the Government.

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

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I75   52.236-05   Material and Workmanship                   April 1984
  .anchor}I.75                                                          

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

\(a\) All equipment, material, and articles incorporated into the work
covered by this contract shall be new and of the most suitable grade for
the purpose intended, unless otherwise specifically provided in this
contract. References in the specifications to equipment, material,
articles, or patented processes by trade name, make, or catalog number,
shall be regarded as establishing a standard of quality and shall not be
construed as limiting competition. The Contractor may, at its option,
use any equipment, material, article, or process that, in the judgment
of the Contracting Officer, is equal to that named in the
specifications, unless otherwise specifically provided in this contract.

\(b\) The Contractor shall obtain the Contracting Officer\'s approval of
the machinery and mechanical and other equipment to be incorporated into
the work. When requesting approval, the Contractor shall furnish to the
Contracting Officer the name of the manufacturer, the model number, and
other information concerning the performance, capacity, nature, and
rating of the machinery and mechanical and other equipment. When
required by this contract or by the Contracting Officer, the Contractor
shall also obtain the Contracting Officer\'s approval of the material or
articles which the Contractor contemplates incorporating into the work.
When requesting approval, the Contractor shall provide full information
concerning the material or articles. When directed to do so, the
Contractor shall submit samples for approval at the Contractor\'s
expense, with all shipping charges prepaid. Machinery, equipment,
material, and articles that do not have the required approval shall be
installed or used at the risk of subsequent rejection.

\(c\) All work under this contract shall be performed in a skillful and
workmanlike manner. The Contracting Officer may require, in writing,
that the Contractor remove from the work any employee the Contracting
Officer deems incompetent, careless, or otherwise objectionable.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I76   52.236-06   Superintendence by the Contractor          April 1984
  .anchor}I.76                                                          

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

At all times during performance of this contract and until the work is
completed and accepted, the Contractor shall directly superintend the
work or assign and have on the worksite a competent superintendent who
is satisfactory to the Contracting Officer and has authority to act for
the Contractor.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I77   52.236-07   Permits and Responsibilities               November 1991
  .anchor}I.77                                                          

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

The Contractor shall, without additional expense to the Government, be
responsible for obtaining any necessary licenses and permits, and for
complying with any Federal, State, and municipal laws, codes, and
regulations applicable to the performance of the work. The Contractor
shall also be responsible for all damages to persons or property that
occur as a result of the Contractor\'s fault or negligence. The
Contractor shall also be responsible for all materials delivered and
work performed until completion and acceptance of the entire work,
except for any completed unit of work which may have been accepted under
the contract.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I78   52.236-08   Other Contracts                            April 1984
  .anchor}I.78                                                          

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

The Government may undertake or award other contracts for additional
work at or near the site of the work under this contract. The Contractor
shall fully cooperate with the other contractors and with Government
employees and shall carefully adapt scheduling and performing the work
under this contract to accommodate the additional work, heeding any
direction that may be provided by the Contracting Officer. The
Contractor shall not commit or permit any act that will interfere with
the performance of work by any other contractor or by Government
employees.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I79   52.236-09   Protection of Existing Vegetation,         April 1984
  .anchor}I.79               Structures, Equipment, Utilities, and      
                             Improvements                               

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

\(a\) The Contractor shall preserve and protect all structures,
equipment, and vegetation (such as trees, shrubs, and grass) on or
adjacent to the work site, which are not to be removed and which do not
unreasonably interfere with the work required under this contract. The
Contractor shall only remove trees when specifically authorized to do
so, and shall avoid damaging vegetation that will remain in place. If
any limbs or branches of trees are broken during contract performance,
or by the careless operation of equipment, or by workmen, the Contractor
shall trim those limbs or branches with a clean cut and paint the cut
with a tree-pruning compound as directed by the Contracting Officer.

\(b\) The Contractor shall protect from damage all existing improvements
and utilities

\(1\) at or near the work site, and

\(2\) on adjacent property of a third party, the locations of which are
made known to or should be known by the Contractor. The Contractor shall
repair any damage to those facilities, including those that are the
property of a third party, resulting from failure to comply with the
requirements of this contract or failure to exercise reasonable care in
performing the work. If the Contractor fails or refuses to repair the
damage promptly, the Contracting Officer may have the necessary work
performed and charge the cost to the Contractor.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I80   52.236-10   Operations and Storage Areas               April 1984
  .anchor}I.80                                                          

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

\(a\) The Contractor shall confine all operations (including storage of
materials) on Government premises to areas authorized or approved by the
Contracting Officer. The Contractor shall hold and save the Government,
its officers and agents, free and harmless from liability of any nature
occasioned by the Contractor\'s performance.

\(b\) 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 without expense to the Government. 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.

\(c\) The Contractor shall, under regulations prescribed by the
Contracting Officer, use only established roadways, or use temporary
roadways constructed by the Contractor when and as authorized by the
Contracting Officer. When materials are transported in prosecuting the
work, vehicles shall not be loaded beyond the loading capacity
recommended by the manufacturer of the vehicle or prescribed by any
Federal, State, or local law or regulation. When it is necessary to
cross curbs or sidewalks, the Contractor shall protect them from damage.
The Contractor shall repair or pay for the repair of any damaged curbs,
sidewalks, or roads.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I81   52.236-11   Use and Possession Prior to Completion     April 1984
  .anchor}I.81                                                          

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

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

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

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I82   52.236-12   Cleaning Up                                April 1984
  .anchor}I.82                                                          

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

The Contractor shall at all times keep the work area, including storage
areas, free from accumulations of waste materials. Before completing the
work, the Contractor shall remove from the work and premises any
rubbish, tools, scaffolding, equipment, and materials that are not the
property of the Government. Upon completing the work, the Contractor
shall leave the work area in a clean, neat, and orderly condition
satisfactory to the Contracting Officer.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I83   52.236-13   Accident Prevention (Nov 1991) - Alternate November 1991
  .anchor}I.83   Alt I       I                                          

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

\(a\) 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.

\(b\) For these purposes on contracts for construction or dismantling,
demolition, or removal of improvements, the Contractor shall-

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

\(2\) Comply with the standards issued by the Secretary of Labor at 29
CFR Part 1926 and 29 CFR Part 1910; and

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

\(c\) If this contract is for construction or dismantling, demolition or
removal of improvements with any Department of Defense agency or
component, the Contractor shall comply with all pertinent provisions of
the latest version of U.S. Army Corps of Engineers Safety and Health
Requirements Manual, EM 385-1-1, in effect on the date of the
solicitation.

\(d\) Whenever the Contracting Officer becomes aware of any
noncompliance with these requirements or any condition which poses a
serious or imminent danger to the health or safety of the public or
Government personnel, the Contracting Officer shall notify the
Contractor orally, with written confirmation, and request immediate
initiation of corrective action. This notice, when delivered to the
Contractor or the Contractor\'s representative at the work site, shall
be deemed sufficient notice of the noncompliance and that corrective
action is required. After receiving the notice, the Contractor shall
immediately take corrective action. If the Contractor fails or refuses
to promptly take corrective action, the Contracting Officer may issue an
order stopping 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 stop work order issued under this clause.

\(e\) The Contractor shall insert this clause, including this paragraph
(e), with appropriate changes in the designation of the parties, in
subcontracts.

\(f\) Before commencing the work, the Contractor shall-

\(1\) Submit a written proposed plan for implementing this clause. The
plan shall include an analysis of the significant hazards to life, limb,
and property inherent in contract work performance and a plan for
controlling these hazards; and

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

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I84   52.236-14   Availability and Use of Utility Services   April 1984
  .anchor}I.84                                                          

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

\(a\) The Government shall make all reasonably required amounts of
utilities available to the Contractor from existing outlets and
supplies, as specified in the contract. Unless otherwise provided in the
contract, the amount of each utility service consumed shall be charged
to or paid for by the Contractor at prevailing rates charged to the
Government or, where the utility is produced by the Government, at
reasonable rates determined by the Contracting Officer. The Contractor
shall carefully conserve any utilities furnished without charge.

\(b\) The Contractor, at its expense and in a workmanlike manner
satisfactory to the Contracting Officer, shall install and maintain all
necessary temporary connections and distribution lines, and all meters
required to measure the amount of each utility used for the purpose of
determining charges. Before final acceptance of the work by the
Government, the Contractor shall remove all the temporary connections,
distribution lines, meters, and associated paraphernalia.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I85   52.236-15   Schedules for Construction Contracts       April 1984
  .anchor}I.85                                                          

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

\(a\) The Contractor shall, within five days after the work commences on
the contract or another period of time determined by the Contracting
Officer, prepare and submit to the Contracting Officer for approval
three copies of a practicable schedule showing the order in which the
Contractor proposes to perform the work, and the dates on which the
Contractor contemplates starting and completing the several salient
features of the work (including acquiring materials, plant, and
equipment). The schedule shall be in the form of a progress chart of
suitable scale to indicate appropriately the percentage of work
scheduled for completion by any given date during the period. If the
Contractor fails to submit a schedule within the time prescribed, the
Contracting Officer may withhold approval of progress payments until the
Contractor submits the required schedule.

\(b\) The Contractor shall enter the actual progress on the chart as
directed by the Contracting Officer, and upon doing so shall immediately
deliver three copies of the annotated schedule to the Contracting
Officer. If, in the opinion of the Contracting Officer, the Contractor
falls behind the approved schedule, the Contractor shall take steps
necessary to improve its progress, including those that may be required
by the Contracting Officer, without additional cost to the Government.
In this circumstance, the Contracting Officer may require the Contractor
to increase the number of shifts, overtime operations, days of work,
and/or the amount of construction plant, and to submit for approval any
supplementary schedule or schedules in chart form as the Contracting
Officer deems necessary to demonstrate how the approved rate of progress
will be regained.

\(c\) Failure of the Contractor to comply with the requirements of the
Contracting Officer under this clause shall be grounds for a
determination by the Contracting Officer that the Contractor is not
prosecuting the work with sufficient diligence to ensure completion
within the time specified in the contract. Upon making this
determination, the Contracting Officer may terminate the Contractor\'s
right to proceed with the work, or any separable part of it, in
accordance with the default terms of this contract.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I86   52.236-21   Specifications and Drawings for            February 1997
  .anchor}I.86               Construction                               

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

\(a\) The Contractor shall keep on the work site a copy of the drawings
and specifications and shall at all times give the Contracting Officer
access thereto. Anything mentioned in the specifications and not shown
on the drawings, or shown on the drawings and not mentioned in the
specifications, shall be of like effect as if shown or mentioned in
both. In case of difference between drawings and specifications, the
specifications shall govern. In case of discrepancy in the figures, in
the drawings, or in the specifications, the matter shall be promptly
submitted to the Contracting Officer, who shall promptly make a
determination in writing. Any adjustment by the Contractor without such
a determination shall be at its own risk and expense. The Contracting
Officer shall furnish from time to time such detailed drawings and other
information as considered necessary, unless otherwise provided.

\(b\) Wherever in the specifications or upon the drawings the words
\"directed\", \"required\", \"ordered\", \"designated\", \"prescribed\",
or words of like import are used, it shall be understood that the
\"direction\", \"requirement\", \"order\", \"designation\", or
\"prescription\", of the Contracting Officer is intended and similarly
the words \"approved\", \"acceptable\", \"satisfactory\", or words of
like import shall mean \"approved by,\" or \"acceptable to\", or
\"satisfactory to\" the Contracting Officer, unless otherwise expressly
stated.

\(c\) Where \"as shown,\" as indicated\", \"as detailed\", or words of
similar import are used, it shall be understood that the reference is
made to the drawings accompanying this contract unless stated otherwise.
The word \"provided\" as used herein shall be understood to mean
\"provide complete in place,\" that is \"furnished and installed\".

\(d\) Shop drawings means drawings, submitted to the Government by the
Contractor, subcontractor, or any lower tier subcontractor pursuant to a
construction contract, showing in detail\--

\(1\) the proposed fabrication and assembly of structural elements; and

\(2\) the installation (i.e., fit, and attachment details) of materials
or equipment. It includes 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. The
Government may duplicate, use, and disclose in any manner and for any
purpose shop drawings delivered under this contract.

\(e\) If this contract requires shop drawings, the Contractor shall
coordinate all such drawings, and review them for accuracy,
completeness, and compliance with contract requirements and shall
indicate its approval thereon as evidence of such coordination and
review. Shop drawings submitted to the Contracting Officer without
evidence of the Contractor\'s approval may be returned for resubmission.
The Contracting Officer will indicate an approval or disapproval of the
shop drawings and if not approved as submitted shall indicate the
Government\'s reasons therefor. Any work done before such approval shall
be at the Contractor\'s risk. Approval by the Contracting Officer shall
not relieve the Contractor from responsibility for any errors or
omissions in such drawings, nor from responsibility for complying with
the requirements of this contract, except with respect to variations
described and approved in accordance with (f) below.

\(f\) If shop drawings show variations from the contract requirements,
the Contractor shall describe such variations in writing, separate from
the drawings, at the time of submission. If the Contracting Officer
approves any such variation, the Contracting Officer shall issue an
appropriate contract modification, except that, if the variation is
minor or does not involve a change in price or in time of performance, a
modification need not be issued.

\(g\) The Contractor shall submit to the Contracting Officer for
approval four copies (unless otherwise indicated) of all shop drawings
as called for under the various headings of these specifications. Three
sets (unless otherwise indicated) of all shop drawings, will be retained
by the Contracting Officer and one set will be returned to the
Contractor.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I87   52.242-13   Bankruptcy                                 July 1995
  .anchor}I.87                                                          

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

In the event the Contractor enters into proceedings relating to
bankruptcy, whether voluntary or involuntary, the Contractor agrees to
furnish, by certified mail or electronic commerce method authorized by
the contract, written notification of the bankruptcy to the Contracting
Officer responsible for administering the contract. This notification
shall be furnished within five days of the initiation of the proceedings
relating to bankruptcy filing. This notification shall include the date
on which the bankruptcy petition was filed, the identity of the court in
which the bankruptcy petition was filed, and a listing of Government
contract numbers and contracting offices for all Government contracts
against which final payment has not been made. This obligation remains
in effect until final payment under this contract.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I88   52.242-14   Suspension of Work                         April 1984
  .anchor}I.88                                                          

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

\(a\) The Contracting Officer may order the Contractor, in writing, to
suspend, delay, or interrupt all or any part of the work of this
contract for the period of time that the Contracting Officer determines
appropriate for the convenience of the Government.

\(b\) If the performance of all or any part of the work is, for an
unreasonable period of time, suspended, delayed, or interrupted (1) by
an act of the Contracting Officer in the administration of this
contract, or (2) by the Contracting Officer\'s failure to act within the
time specified in this contract (or within a reasonable time if not
specified), an adjustment shall be made for any increase in the cost of
performance of this contract (excluding profit) necessarily caused by
the unreasonable suspension, delay, or interruption, and the contract
modified in writing accordingly. However, no adjustment shall be made
under this clause for any suspension, delay, or interruption to the
extent that performance would have been so suspended, delayed, or
interrupted by any other cause, including the fault or negligence of the
Contractor, or for which an equitable adjustment is provided for or
excluded under any other term or condition of this contract.

\(c\) A claim under this clause shall not be allowed\--

\(1\) For any costs incurred more than 20 days before the Contractor
shall have notified the Contracting Officer in writing of the act or
failure to act involved (but this requirement shall not apply as to a
claim resulting from a suspension order); and

\(2\) Unless the claim, in an amount stated, is asserted in writing as
soon as practicable after the termination of the suspension, delay, or
interruption, but not later than the date of final payment under the
contract.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I89   52.243-04   Changes                                    June 2007
  .anchor}I.89                                                          

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

\(a\) The Contracting Officer may, at any time, without notice to the
sureties, if any, by written order designated or indicated to be a
change order, make changes in the work within the general scope of the
contract, including changes\--

\(1\) In the specifications (including drawings and designs);

\(2\) In the method or manner of performance of the work;

\(3\) In the Government-furnished property or services; or

\(4\) Directing acceleration in the performance of the work.

\(b\) Any other written or oral order (which, as used in this paragraph
(b), includes direction, instruction, interpretation, or determination)
from the Contracting Officer that causes a change shall be treated as a
change order under this clause; provided, that the Contractor gives the
Contracting Officer written notice stating\--

\(1\) The date, circumstances, and source of the order and

\(2\) That the Contractor regards the order as a change order.

\(c\) Except as provided in this clause, no order, statement, or conduct
of the Contracting Officer shall be treated as a change under this
clause or entitle the Contractor to an equitable adjustment.

\(d\) If any change under this clause causes an increase or decrease in
the Contractor\'s cost of, or the time required for, the performance of
any part of the work under this contract, whether or not changed by any
such order, the Contracting Officer shall make an equitable adjustment
and modify the contract in writing. However, except for an adjustment
based on defective specifications, no adjustment for any change under
paragraph (b) of this clause shall be made for any costs incurred more
than 20 days before the Contractor gives written notice as required. In
the case of defective specifications for which the Government is
responsible, the equitable adjustment shall include any increased cost
reasonably incurred by the Contractor in attempting to comply with the
defective specifications.

\(e\) The Contractor must assert its right to an adjustment under this
clause within 30 days after

\(1\) receipt of a written change order under paragraph (a) of this
clause or (2) the furnishing of a written notice under paragraph (b) of
this clause, by submitting to the Contracting Officer a written
statement describing the general nature and amount of the proposal,
unless this period is extended by the Government. The statement of
proposal for adjustment may be included in the notice under paragraph
(b) above.

\(f\) No proposal by the Contractor for an equitable adjustment shall be
allowed if asserted after final payment under this contract.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I90   52.246-21   Warranty of Construction                   March 1994
  .anchor}I.90                                                          

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

\(a\) In addition to any other warranties in this contract, the
Contractor warrants, except as provided in paragraph (i) of this clause,
that work performed under this contract conforms to the contract
requirements and is free of any defect in equipment, material, or design
furnished, or workmanship performed by the Contractor or any
subcontractor or supplier at any tier.

\(b\) This warranty shall continue for a period of 1 year from the date
of final acceptance of the work. If the Government takes possession of
any part of the work before final acceptance, this warranty shall
continue for a period of 1 year from the date the Government takes
possession.

\(c\) The Contractor shall remedy at the Contractor\'s expense any
failure to conform, or any defect. In addition, the Contractor shall
remedy at the Contractor\'s expense any damage to Government owned or
controlled real or personal property, when that damage is the result of

\(1\) The Contractor\'s failure to conform to contract requirements; or

\(2\) Any defect of equipment, material, workmanship, or design
furnished.

\(d\) The Contractor shall restore any work damaged in fulfilling the
terms and conditions of this clause. The Contractor\'s warranty with
respect to work repaired or replaced will run for 1 year from the date
of repair or replacement.

\(e\) The Contracting Officer shall notify the Contractor, in writing,
within a reasonable time after the discovery of any failure, defect, or
damage.

\(f\) If the Contractor fails to remedy any failure, defect, or damage
within a reasonable time after receipt of notice, the Government shall
have the right to replace, repair, or otherwise remedy the failure,
defect, or damage at the Contractor\'s expense.

\(g\) With respect to all warranties, express or implied, from
subcontractors, manufacturers, or suppliers for work performed and
materials furnished under this contract, the Contractor shall\--

\(1\) Obtain all warranties that would be given in normal commercial
practice;

\(2\) Require all warranties to be executed, in writing, for the benefit
of the Government, if directed by the Contracting Officer; and

\(3\) Enforce all warranties for the benefit of the Government, if
directed by the Contracting Officer.

\(h\) In the event the Contractor\'s warranty under paragraph (b) of
this clause has expired, the Government may bring suit at its expense to
enforce a subcontractor\'s, manufacturer\'s, or supplier\'s warranty.

\(i\) Unless a defect is caused by the negligence of the Contractor or
subcontractor or supplier at any tier, the Contractor shall not be
liable for the repair of any defects of material or design furnished by
the Government nor for the repair of any damage that results from any
defect in Government-furnished material or design.

\(j\) This warranty shall not limit the Government\'s rights under the
Inspection and Acceptance clause of this contract with respect to latent
defects, gross mistakes, or fraud.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I91   52.248-03   Value Engineering-Construction             September 2006
  .anchor}I.91                                                          

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

\(a\) General. The Contractor is encouraged to develop, prepare, and
submit value engineering change proposals (VECP\'s) voluntarily. The
Contractor shall share in any instant contract savings realized from
accepted VECP\'s, in accordance with paragraph (f) below.

\(b\) Definitions. \"Collateral costs,\" as used in this clause, means
agency costs of operation, maintenance, logistic support, or
Government-furnished property.

\"Collateral savings,\" as used in this clause, means those measurable
net reductions resulting from a VECP in the agency\'s overall projected
collateral costs, exclusive of acquisition savings, whether or not the
acquisition cost changes.

\"Contractor\'s development and implementation costs,\" as used in this
clause, means those costs the Contractor incurs on a VECP specifically
in developing, testing, preparing, and submitting the VECP, as well as
those costs the Contractor incurs to make the contractual changes
required by Government acceptance of a VECP.

\"Government costs,\" as used in this clause, means those agency costs
that result directly from developing and implementing the VECP, such as
any net increases in the cost of testing, operations, maintenance, and
logistic support. The term does not include the normal administrative
costs of processing the VECP.

\"Instant contract savings,\" as used in this clause, means the
estimated reduction in Contractor cost of performance resulting from
acceptance of the VECP, minus allowable Contractor\'s development and
implementation costs, including subcontractors\' development and
implementation costs (see paragraph (h) below).

\"Value engineering change proposal (VECP)\" means a proposal that\--

\(1\) Requires a change to this, the instant contract, to implement; and

\(2\) Results in reducing the contract price or estimated cost without
impairing essential functions or characteristics; provided, that it does
not involve a change\--

\(i\) In deliverable end item quantities only; or

\(ii\) To the contract type only.

\(c\) VECP preparation. As a minimum, the Contractor shall include in
each VECP the information described in subparagraphs (1) through (7)
below. If the proposed change is affected by contractually required
configuration management or similar procedures, the instructions in
those procedures relating to format, identification, and priority
assignment shall govern VECP preparation. The VECP shall include the
following:

\(1\) A description of the difference between the existing contract
requirement and that proposed, the comparative advantages and
disadvantages of each, a justification when an item\'s function or
characteristics are being altered, and the effect of the change on the
end item\'s performance.

\(2\) A list and analysis of the contract requirements that must be
changed if the VECP is accepted, including any suggested specification
revisions.

\(3\) A separate, detailed cost estimate for (i) the affected portions
of the existing contract requirement and (ii) the VECP. The cost
reduction associated with the VECP shall take into account the
Contractor\'s allowable development and implementation costs, including
any amount attributable to subcontracts under paragraph (h) below.

\(4\) A description and estimate of costs the Government may incur in
implementing the VECP, such as test and evaluation and operating and
support costs.

\(5\) A prediction of any effects the proposed change would have on
collateral costs to the agency.

\(6\) A statement of the time by which a contract modification accepting
the VECP must be issued in order to achieve the maximum cost reduction,
noting any effect on the contract completion time or delivery schedule.

\(7\) Identification of any previous submissions of the VECP, including
the dates submitted, the agencies and contract numbers involved, and
previous Government actions, if known.

\(d\) Submission. The Contractor shall submit VECP\'s to the Resident
Engineer at the worksite, with a copy to the Contracting Officer.

\(e\) Government action. (1) The Contracting Officer will notify the
Contractor of the status of the VECP within 45 calendar days after the
contracting office receives it. If additional time is required, the
Contracting Officer will notify the Contractor within the 45-day period
and provide the reason for the delay and the expected date of the
decision. The Government will process VECP\'s expeditiously; however, it
will not be liable for any delay in acting upon a VECP.

\(2\) If the VECP is not accepted, the Contracting Officer will notify
the Contractor in writing, explaining the reasons for rejection. The
Contractor may withdraw any VECP, in whole or in part, at any time
before it is accepted by the Government. The Contracting Officer may
require that the Contractor provide written notification before
undertaking significant expenditures for VECP effort.

\(3\) Any VECP may be accepted, in whole or in part, by the Contracting
Officer\'s award of a modification to this contract citing this clause.
The Contracting Officer may accept the VECP, even though an agreement on
price reduction has not been reached, by issuing the Contractor a notice
to proceed with the change. Until a notice to proceed is issued or a
contract modification applies a VECP to this contract, the Contractor
shall perform in accordance with the existing contract. The decision to
accept or reject all or part of any VECP is a unilateral decision made
solely at the discretion of the Contracting Officer.

\(f\) Sharing. (1) Rates. The Government\'s share of savings is
determined by subtracting Government costs from instant contract savings
and multiplying the result by (i) 45 percent for fixed-price contracts
or (ii) 75 percent for cost-reimbursement contracts.

\(2\) Payment. Payment of any share due the Contractor for use of a VECP
on this contract shall be authorized by a modification to this contract
to\--

\(i\) Accept the VECP;

\(ii\) Reduce the contract price or estimated cost by the amount of
instant contract savings; and

\(iii\) Provide the Contractor\'s share of savings by adding the amount
calculated to the contract price or fee.

\(g\) Collateral savings. If a VECP is accepted, the Contracting Officer
will increase the instant contract amount by 20 percent of any projected
collateral savings determined to be realized in a typical year of use
after subtracting any Government costs not previously offset. However,
the Contractor\'s share of collateral savings will not exceed the
contract\'s firm-fixed-price or estimated cost, at the time the VECPis
accepted, or \$100,000, whichever is greater. The Contracting Officer is
the sole determiner of the amount of collateral savings.

\(h\) Subcontracts. The Contractor shall include an appropriate value
engineering clause in any subcontract of \$55,000 or more and may
include one in subcontracts of lesser value. In computing any adjustment
in this contract\'s price under paragraph (f) above, the Contractor\'s
allowable development and implementation costs shall include any
subcontractor\'s allowable development and implementation costs clearly
resulting from a VECP accepted by the Government under this contract,
but shall exclude any value engineering incentive payments to a
subcontractor. The Contractor may choose any arrangement for
subcontractor value engineering incentive payments; provided, that these
payments shall not reduce the Government\'s share of the savings
resulting from the VECP.

\(i\) Data. The Contractor may restrict the Government\'s right to use
any part of a VECP or the supporting data by marking the following
legend on the affected parts:

These data, furnished under the Value Engineering\-- Construction clause
of contract . . . . . . . . . . , shall not be disclosed outside the
Government or duplicated, used, or disclosed, in whole or in part, for
any purpose other than to evaluate a value engineering change proposal
submitted under the clause. This restriction does not limit the
Government\'s right to use information contained in these data if it has
been obtained or is otherwise available from the Contractor or from
another source without limitations.

If a VECP is accepted, the Contractor hereby grants the Government
unlimited rights in the VECP and supporting data, except that, with
respect to data qualifying and submitted as limited rights technical
data, the Government shall have the rights specified in the contract
modification implementing the VECP and shall appropriately mark the
data. (The terms \"unlimited rights\" and \"limited rights\" are defined
in Part 27 of the Federal Acquisition Regulation.)

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I92   52.249-02   Termination for Convenience of the         September 1996
  .anchor}I.92   Alt I       Government (Fixed-Price) (May 2004) -      
                             Alternate I                                

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

\(a\) The Government may terminate performance of work under this
contract in whole or, from time to time, in part if the Contracting
Officer determines that a termination is in the Government\'s interest.
The Contracting Officer shall terminate by delivering to the Contractor
a Notice of Termination specifying the extent of termination and the
effective date.

\(b\) After receipt of a Notice of Termination, and except as directed
by the Contracting Officer, the Contractor shall immediately proceed
with the following obligations, regardless of any delay in determining
or adjusting any amounts due under this clause:

\(1\) Stop work as specified in the notice.

\(2\) Place no further subcontracts or orders (referred to as
subcontracts in this clause) for materials, services, or facilities,
except as necessary to complete the continued portion of the contract.

\(3\) Terminate all subcontracts to the extent they relate to the work
terminated.

\(4\) Assign to the Government, as directed by the Contracting Officer,
all right, title, and interest of the Contractor under the subcontracts
terminated, in which case the Government shall have the right to settle
or to pay any termination settlement proposal arising out of those
terminations.

\(5\) With approval or ratification to the extent required by the
Contracting Officer, settle all outstanding liabilities and termination
settlement proposals arising from the termination of subcontracts; the
approval or ratification will be final for purposes of this clause.

\(6\) As directed by the Contracting Officer, transfer title and deliver
to the Government\--

\(i\) The fabricated or unfabricated parts, work in process, completed
work, supplies, and other material produced or acquired for the work
terminated; and

\(ii\) The completed or partially completed plans, drawings,
information, and other property that, if the contract had been
completed, would be required to be furnished to the Government.

\(7\) Complete performance of the work not terminated.

\(8\) Take any action that may be necessary, or that the Contracting
Officer may direct, for the protection and preservation of the property
related to this contract that is in the possession of the Contractor and
in which the Government has or may acquire an interest.

\(9\) Use its best efforts to sell, as directed or authorized by the
Contracting Officer, any property of the types referred to in
subparagraph (b)(6) of this clause; provided, however, that the
Contractor (i) is not required to extend credit to any purchaser and
(ii) may acquire the property under the conditions prescribed by, and at
prices approved by, the Contracting Officer. The proceeds of any
transfer or disposition will be applied to reduce any payments to be
made by the Government under this contract, credited to the price or
cost of the work, or paid in any other manner directed by the
Contracting Officer.

\(c\) The Contractor shall submit complete termination inventory
schedules no later than 120 days from the effective date of termination,
unless extended in writing by the Contracting Officer upon written
request of the Contractor within this 120-day period.

\(d\) After expiration of the plant clearance period as defined in
Subpart 49.001 of the Federal Acquisition Regulation, the Contractor may
submit to the Contracting Officer a list, certified as to quantity and
quality, of termination inventory not previously disposed of, excluding
items authorized for disposition by the Contracting Officer. The
Contractor may request the Government to remove those items or enter
into an agreement for their storage. Within 15 days, the Government will
accept title to those items and remove them or enter into a storage
agreement. The Contracting Officer may verify the list upon removal of
the items, or if stored, within 45 days from submission of the list, and
shall correct the list, as necessary, before final settlement.

\(e\) After termination, the Contractor shall submit a final termination
settlement proposal to the Contracting Officer in the form and with the
certification prescribed by the Contracting Officer. The Contractor
shall submit the proposal promptly, but no later than 1 year from the
effective date of termination, unless extended in writing by the
Contracting Officer upon written request of the Contractor within this
1-year period. However, if the Contracting Officer determines that the
facts justify it, a termination settlement proposal may be received and
acted on after 1 year or any extension. If the Contractor fails to
submit the proposal within the time allowed, the Contracting Officer may
determine, on the basis of information available, the amount, if any,
due the Contractor because of the termination and shall pay the amount
determined.

\(f\) Subject to paragraph (e) of this clause, the Contractor and the
Contracting Officer may agree upon the whole or any part of the amount
to be paid or remaining to be paid because of the termination. The
amount may include a reasonable allowance for profit on work done.
However, the agreed amount, whether under this paragraph (g) or
paragraph (g) of this clause, exclusive of costs shown in subparagraph
(g)(3) of this clause, may not exceed the total contract price as
reduced by (1) the amount of payments previously made and (2) the
contract price of work not terminated. The contract shall be modified,
and the Contractor paid the agreed amount. Paragraph (g) of this clause
shall not limit, restrict, or affect the amount that may be agreed upon
to be paid under this paragraph.

\(g\) If the Contractor and Contracting Officer fail to agree on the
whole amount to be paid the Contractor because of the termination of
work, the Contracting Officer shall pay the Contractor the amounts
determined as follows, but without duplication of any amounts agreed
upon under paragraph (f) of this clause:

\(1\) For contract work performed before the effective date of
termination, the total (without duplication of any items) of\--

\(i\) The cost of this work;

\(ii\) The cost of settling and paying termination settlement proposals
under terminated subcontracts that are properly chargeable to the
terminated portion of the contract if not included in subdivision
(g)(1)(i) of this clause; and

\(iii\) A sum, as profit on subdivision (g)(1)(i) of this clause,
determined by the Contracting Officer under 49.202 of the Federal
Acquisition Regulation, in effect on the date of this contract, to be
fair and reasonable; however, if it appears that the Contractor would
have sustained a loss on the entire contract had it been completed, the
Contracting Officer shall allow no profit under this subdivision (iii)
and shall reduce the settlement to reflect the indicated rate of loss.

\(2\) The reasonable costs of settlement of the work terminated,
including\--

\(i\) Accounting, legal, clerical, and other expenses reasonably
necessary for the preparation of termination settlement proposals and
supporting data;

\(ii\) The termination and settlement of subcontracts (excluding the
amounts of such settlements); and

\(iii\) Storage, transportation, and other costs incurred, reasonably
necessary for the preservation, protection, or disposition of the
termination inventory.

\(h\) Except for normal spoilage, and except to the extent that the
Government expressly assumed the risk of loss, the Contracting Officer
shall exclude from the amounts payable to the Contractor under paragraph
(g) of this clause, the fair value, as determined by the Contracting
Officer, of property that is destroyed, lost, stolen, or damaged so as
to become undeliverable to the Government or to a buyer.

\(i\) The cost principles and procedures of Part 31 of the Federal
Acquisition Regulation, in effect on the date of this contract, shall
govern all costs claimed, agreed to, or determined under this clause.

\(j\) The Contractor shall have the right of appeal, under the Disputes
clause, from any determination made by the Contracting Officer under
paragraph (e), (g), or (l) of this clause, except that if the Contractor
failed to submit the termination settlement proposal or request for
equitable adjustment within the time provided in paragraph (e) or (l),
respectively, and failed to request a time extension, there is no right
of appeal.

\(k\) In arriving at the amount due the Contractor under this clause,
there shall be deducted\--

\(1\) All unliquidated advance or other payments to the Contractor under
the terminated portion of this contract;

\(2\) Any claim which the Government has against the Contractor under
this contract; and

\(3\) The agreed price for, or the proceeds of sale of, materials,
supplies, or other things acquired by the Contractor or sold under the
provisions of this clause and not recovered by or credited to the
Government.

\(l\) If the termination is partial, the Contractor may file a proposal
with the Contracting Officer for an equitable adjustment of the price(s)
of the continued portion of the contract. The Contracting Officer shall
make any equitable adjustment agreed upon. Any proposal by the
Contractor for an equitable adjustment under this clause shall be
requested within 90 days from the effective date of termination unless
extended in writing by the Contracting Officer.

(m)(1) The Government may, under the terms and conditions it prescribes,
make partial payments and payments against costs incurred by the
Contractor for the terminated portion of the contract, if the
Contracting Officer believes the total of these payments will not exceed
the amount to which the Contractor will be entitled.

\(2\) If the total payments exceed the amount finally determined to be
due, the Contractor shall repay the excess to the Government upon
demand, together with interest computed at the rate established by the
Secretary of the Treasury under 50 U.S.C. App. 1215(b)(2). Interest
shall be computed for the period from the date the excess payment is
received by the Contractor to the date the excess is repaid. Interest
shall not be charged on any excess payment due to a reduction in the
Contractor\'s termination settlement proposal because of retention or
other disposition of termination inventory until 10 days after the date
of the retention or disposition, or a later date determined by the
Contracting Officer because of the circumstances.

\(n\) Unless otherwise provided in this contract or by statute, the
Contractor shall maintain all records and documents relating to the
terminated portion of this contract for 3 years after final settlement.
This includes all books and other evidence bearing on the Contractor\'s
costs and expenses under this contract. The Contractor shall make these
records and documents available to the Government, at the Contractor\'s
office, at all reasonable times, without any direct charge. If approved
by the Contracting Officer, photographs, microphotographs, or other
authentic reproductions may be maintained instead of original records
and documents.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_I93   52.249-10   Default (Fixed-Price Construction)         April 1984
  .anchor}I.93                                                          

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

\(a\) If the Contractor refuses or fails to prosecute the work or any
separable part, with the diligence that will insure its completion
within the time specified in this contract including any extension, or
fails to complete the work within this time, the Government may, by
written notice to the Contractor, terminate the right to proceed with
the work (or the separable part of the work) that has been delayed. In
this event, the Government may take over the work and complete it by
contract or otherwise, and may take possession of and use any materials,
appliances, and plant on the work site necessary for completing the
work. The Contractor and its sureties shall be liable for any damage to
the Government resulting from the Contractor\'s refusal or failure to
complete the work within the specified time, whether or not the
Contractor\'s right to proceed with the work is terminated. This
liability includes any increased costs incurred by the Government in
completing the work.

\(b\) The Contractor\'s right to proceed shall not be terminated nor the
Contractor charged with damages under this clause, if\--

\(1\) The delay in completing the work arises from unforeseeable causes
beyond the control and without the fault or negligence of the
Contractor. Examples of such causes include\--

\(i\) Acts of God or of the public enemy,

\(ii\) Acts of the Government in either its sovereign or contractual
capacity,

\(iii\) Acts of another Contractor in the performance of a contract with
the Government,

\(iv\) Fires,

\(v\) Floods,

\(vi\) Epidemics,

\(vii\) Quarantine restrictions,

\(viii\) Strikes,

\(ix\) Freight embargoes,

\(x\) Unusually severe weather, or

\(xi\) Delays of subcontractors or suppliers at any tier arising from
unforeseeable causes beyond the control and without the fault or
negligence of both the Contractor and the subcontractors or suppliers;
and

\(2\) The Contractor, within 10 days from the beginning of any delay
(unless extended by the Contracting Officer), notifies the Contracting
Officer in writing of the causes of delay. The Contracting Officer shall
ascertain the facts and the extent of delay. If, in the judgment of the
Contracting Officer, the findings of fact warrant such action, the time
for completing the work shall be extended. The findings of the
Contracting Officer shall be final and conclusive on the parties, but
subject to appeal under the Disputes clause.

\(c\) If, after termination of the Contractor\'s right to proceed, it is
determined that the Contractor was not in default, or that the delay was
excusable, the rights and obligations of the parties will be the same as
if the termination had been issued for the convenience of the
Government.

\(d\) The rights and remedies of the Government in this clause are in
addition to any other rights and remedies provided by law or under this
contract.

  -------------- --------------- ------------------------------------------ --------------
  []{#_toc_I94   DS1452.228-70   Liability Insurance - Department of the    February 2003
  .anchor}I.94                   Interior                                   

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

\(a\) The Contractor shall procure and maintain during the term of this
contract and any extension thereof liability insurance in form
satisfactory to the Contracting Officer by an insurance company which is
acceptable to the Contracting Officer. The named insured parties under
the policy shall be the Contractor and the United States of America. The
amounts of the insurance shall be not less than as follows:

Employer\'s liability \$100,000

General liability \$500,000

Construction

Per person \$100,000

Per occurrence \$500,000

Property damage \$1,000,000

Automobile liability

Per person \$200,000

Per occurrence for bodily injury \$500,000 (other than passenger
liability)

Per occurrence for property damage \$20,000

If this is a construction contract, the Contractor shall maintain
compensation insurance, for employees engaged in the work, complying
with the workmen\'s compensation laws of the State in which the work is
to be performed and shall maintain liability insurance protecting the
Contractor from claims because of bodily injury (including death) and
property damage arising under this Contract.

\(b\) Each policy shall have a certificate evidencing the insurance
coverage. The insurance company shall provide an endorsement to notify
the Contracting Officer 30 days prior to the effective date of
cancellation or termination of the policy or certificate; or
modification of the policy or certificate which many adversely affect
the interest of the Government in such insurance. The certificate shall
identify the contract number, the name and address of the Contracting
Officer, as well as the insured, the policy number and a brief
description of contract services to be performed. The Contractor shall
furnish the Contracting Officer with a copy of an acceptable insurance
certificate prior to beginning the work.

  -------------- ------------- ------------------------------------------ --------------
  []{#_toc_I95   DS52.225-09   Buy American Act-Balance Of Payments       May 2002
  .anchor}I.95                 Program-Construction Materials             

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

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

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

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

\"Cost of components\" means-

\(1\) For components purchased by the Contractor, the acquisition cost,
including transportation costs to the place of incorporation into the
construction material (whether or not such costs are paid to a domestic
firm), and any applicable duty (whether or not a duty-free entry
certificate is issued); or (2) For components manufactured by the
Contractor, all costs associated with the manufacture of the component,
including transportation costs as described in paragraph (1) of this
definition, plus allocable overhead costs, but excluding profit. Cost of
components does not include any costs associated with the manufacture of
the end product.

\"Domestic construction material\" means-

\(1\) An unmanufactured construction material mined or produced in the
United States; or (2) A construction material manufactured in the United
States, if the cost of its components mined, produced, or manufactured
in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind for
which nonavailability determinations have been made are treated as
domestic.

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

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

\(b\) Domestic preference. (1) This clause implements the Buy American
Act (41 U.S.C. 10a - 10d) by providing a preference for domestic
construction material. The Contractor shall use only domestic
construction material in performing this contract, except as provided in
paragraphs (b)(2) and (b)(3) of this clause. (2) This requirement does
not apply to the construction material or components listed by the
Government as follows:

Acetylene, black

Antimony, as metal or oxide

Bauxite

Bephenium hydroxynapthate

Cadmium, ores and flue dust

Calcium Cynamide

Chrome ore or chromite

Cork, wood or bark and waste

Crane rail (85-pound per foot)

Cryolite

Mica

Nickel primary in ingots, pigs, shots, cathodes, or similar forms;
nickel oxide and nickel salts

Rubber, crude and latex

Shellac

Spare and replacement parts for equipment of foreign manufacture and for
which domestic parts are not available.

Tin in bars blocks and pigs

Tungsten

Wire glass

Woods: logs, veneer, and lumber of the folowing species: Alaskan yellow
cedar, angelique, balsa, ekki, greenheart, lignum vitae, mahogany and
teak

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

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

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

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

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

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

\(B\) Unit of measure;

\(C\) Quantity;

\(D\) Price;

\(E\) Time of delivery or availability;

\(F\) Location of the construction project;

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

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

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

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

\(v\) Any Contractor request for a determination submitted after
contract award shall explain why the Contractor could not reasonably
foresee the need for such determination and could not have requested the
determination before contract award. If the Contractor does not submit a
satisfactory explanation, the Contracting Officer need not make a
determination.

\(2\) If the Government determines after contract award that an
exception to the Buy American Act applies and the Contracting Officer
and the Contractor negotiate adequate consideration, the Contracting
Officer will modify the contract to allow use of the foreign
construction material. However, when the basis for the exception is the
unreasonable price of a domestic construction material, adequate
consideration is not less than the differential established in paragraph
(b)(3)(i) of this clause.

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Unit of Measure Quantity Price

Description (Dollars)\*

Item 1:

Foreign Construction

Material \_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_

Domestic Construction

Material \_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_

Item 2:

Foreign Construction

Material \_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_

Domestic Construction

Material \_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_

\[List name, address, telephone number, and contact for suppliers
surveyed. Attach copy of response; if oral, attach summary.\]

\[Include other applicable supporting information.\]

\[\*Include all delivery costs to the construction site and any
applicable duty (whether or not a duty-free entry certificate is
issued).\]

  -------------- -------- ------------------------------------------ --------------
  []{#_toc_I96   DSC-02   Seasonal Shutdown                          April 1984
  .anchor}I.96                                                       

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

\(a\) It is recognized that seasonal climatic conditions regularly occur
in some of the National Park Service areas that restrict and in some
cases prohibit normal construction activities. The actual timing of a
seasonal shutdown will be determined by mutual agreement between the
Contractor and the Contracting Officer. The Contractor shall give the
Contracting Officer at least two weeks notice prior to the anticipated
resumption of work. The actual date that work is resumed is subject to
the approval of the Contracting Officer. The amount of time during a
seasonal shutdown is taken into consideration when the completion time
as stated in the Contract is determined. Therefore, the contract time
will not be extended due to seasonal shutdowns.

  -------------- -------- ------------------------------------------ --------------
  []{#_toc_I97   DSC-03   Cultural Resources Survey                  April 1984
  .anchor}I.97                                                       

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

\(a\) Notify Contracting Officer of the location of off-site borrow pits
no later than the preconstruction conference so that he may determine if
a Cultural Resources Survey must be undertaken. A Cultural Resources
Survey is not required for borrow material from stockpiled sources.
However, for borrow material from undisturbed sources, Contracting
Officer will arrange for a survey to be conducted within 10 calendar
days following notification of the pit location before disturbance of
the site. Should the survey reveal a finding of Cultural Resources of
the National Register quality, Contractor will be so advised in writing
within 20 calendar days after disclosure of the pit location, and shall
promptly locate another source of the borrow.

\(b\) Obtain permission, in writing, from the landowners for Government
employees to take samples for Cultural Resources evaluation. No claim
for time extension or additional compensation will be allowed for
complying with the provisions of this clause.

  -------------- -------- ------------------------------------------ --------------
  []{#_toc_I98   DSC-05   Conduct of Operations                      April 1984
  .anchor}I.98                                                       

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

\(a\) At all times the Contractor shall conduct his organization in
conformance with the rules and regulations promulgated by the Secretary
of the Interior for the National Park Service, and with such appropriate
regulations as the Superintendent may prescribe.

\(b\) Work on Saturdays, Sundays, Federal holidays or at night may be
performed only with the prior consent of the Contracting Officer.

\(c\) No signs or advertisements (except those specified herein) shall
be displayed on the construction site or within the park except with
approval of the Contracting Officer.

  -------------- -------- ------------------------------------------ --------------
  []{#_toc_I99   DSC-06   Pricing of Adjustments                     February 2003
  .anchor}I.99                                                       

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

\(a\) When costs are a factor in any determination of a contract price
adjustment pursuant to the Changes clause or any other clause of this
contract, such costs shall be in accordance with Part 31 of the Federal
Acquisition Regulations in effect on the date of this contract.

\(b\) When the contracting officer cannot determine actual cost data for
both ownership and operating costs for each piece of equipment or groups
of similar serial or series of equipment from the contractor\'s
accounting records, costs shall be determined in accordance with the
Construction Equipment Ownership and Operating Expense Schedule, Region
(as appropriate) (Pamphlet No. EP 1110-1-8), published by the U.S. Army
Corps of Engineers, available from the Superintendent of Documents, U.S.
Government Printing Office, Washington, DC 20402-9325, in effect on the
date of this contract. These rates shall prevail regardless of the state
in which the project is located.

\(c\) For any equipment not listed in the Corps of Engineers schedule, a
rate shall be computed in accordance with the methodology set forth in
the pamphlet.

\(d\) In cases where a piece of equipment to be used is rented or leased
by the contractor from a third party, the actual invoiced amount will be
paid when such rates are reasonably in line with established rental
rates for the equipment in question and approved by the contracting
officer.

  --------------- -------- ------------------------------------------ --------------
  []{#_toc_I100   DSC-09   Reference Standards                        January 1999
  .anchor}I.100                                                       

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

Reference standards, such as Federal Specifications, ASTM, and UL,
referred to in these specifications shall become a part of this Contract
and are incorporated by reference. The latest edition or amendment or
supplement thereto (unless an actual date is specified) in effect 30
days before solicitation issuance date shall apply.

[]{#_TOC_J .anchor}SECTION J \-- List of Documents, Exhibits and Other
Attachments

  ------------- -------- ------------------------------------------ --------------
  []{#_toc_J1   DSC-08   List of Attachments                        January 1999
  .anchor}J.1                                                       

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

\(a\) Drawing No.162/41,028, 60 sheets. After contract award, one
Compact Disc (CD) with electronic files will be furnished, upon request,
at no charge to the contractor.

\(b\) Specifications, Section C.

[]{#_TOC_K .anchor}SECTION K \-- Representations, Certifications and
Other Statements of Offerors

  ------------- ----------- ------------------------------------------ --------------
  []{#_toc_K1   52.204-06   Data Universal Numbering System (DUNS)     April 2008
  .anchor}K.1               Number                                     

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

\(a\) 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 is a
nine-digit number assigned by Dun and Bradstreet, Inc. 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 concern.

\(b\) 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-

\(i\) Via the Internet at http://fedgov.dnb.com/webform or if the
offeror does not have internet access, it may call Dun and Bradstreet at
1-866-705-5711 if located within the United States; or

\(ii\) If located outside the United States, by contacting the local Dun
and Bradstreet office. The offeror should indicate that it is an offeror
for a U.S. Government contract when contacting the local Dun and
Bradstreet office.

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

\(i\) Company legal business name.

\(ii\) 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).

  ------------- ----------- ------------------------------------------ --------------
  []{#_toc_K2   52.204-08   Annual Representations and Certifications  January 2006
  .anchor}K.2                                                          

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

(a)(1) The North American Industry Classification System (NAICS) code
for this acquisition is 236220.

\(2\) The small business size standard is \$31 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. 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.

[]{#_TOC_L .anchor}SECTION L \-- Instructions, Conditions and Notices to
Bidders

  ------------- ------------- ------------------------------------------ --------------
  []{#_toc_L1   1452.215-18   Facsimile (Modifications of) Proposals     December 1989
  .anchor}L.1                 (Deviation) (Jul 96)                       

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

\(a\) Definition. \"Facsimile modification,\" as used in this
solicitation, means modification of a proposal or withdrawal of a
proposal that is transmitted to and received by the Government via
electronic equipment that communicates and reproduces both printed and
handwritten material.

\(b\) Offerors may submit facsimile modifications of responses to this
solicitation. They must arrive at the place and by the time specified in
the solicitation.

\(c\) \[Reserved\]

\(d\) Facsimile modifications must contain the required signatures.

\(e\) The Government reserves the right to make award on the facsimile
modification. However, if requested to do so by the Contracting Officer,
the apparently successful offerorr agrees to promptly submit the
complete original signed modification.

\(f\) Facsimile receiving data and compatibility characteristics are as
follows:

\(1\) Telephone number of receiving facsimile equipment: 303/987-6646.

\(2\) Compatibility characteristics of receiving facsimile equipment

(e.g., make and model number, receiving speed, communications protocol):
Xerox Workcentre Pro 90.

\(g\) If the offeror chooses to transmit a facsimile modification, the
Government will not be responsible for any failure attributable to the
transmission or receipt of the facsimile modification or withdrawal
including, but not limited to, the following:

\(1\) Receipt of garbled or incomplete modification or withdrawal;

\(2\) Availability or condition of the receiving facsimile equipment;

\(3\) Incompatibility between the sending and receiving equipment;

\(4\) Delay in transmission or receipt of modification or withdrawal;

\(5\) Failure of the bidder to properly identify the modification or
withdrawal;

\(6\) Illegibility of modification or withdrawal;

\(7\) Security of modification data.

  ------------- ------------- ------------------------------------------ --------------
  []{#_toc_L2   1452.215-71   Use and Disclosure of Proposal             April 1984
  .anchor}L.2                 Information - Department of Interior       

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

\(a\) Definitions. For the purposes of this provision and the Freedom of
Information Act (5 U.S.C. 552), the following terms shall have the
meaning set forth below:

\(1\) \"Trade Secret\" means an unpatented, secret, commercially
valuable plan, appliance, formula, or process, which is used for making,
preparing, compounding, treating or processing articles or materials
which are trade commodities.

\(2\) \"Confidential commercial or financial information\" means any
business information (other than trade secrets) which is exempt from the
mandatory disclosure requirement of the Freedom of Information Act, 5
U.S.C. 552. Exemptions from mandatory disclosure which may be applicable
to business information contained in proposals include exception (4),
which covers \"commercial and financial information obtained from a
person and privileged or confidential,\" and exemption (9), which covers
\"geological and geophysical information, including maps, concerning
wells.\"

\(b\) If the offeror, or its subcontractor(s), believes that the
proposal contains trade secrets or confidential commercial or financial
information exempt from disclosure under the Freedom of Information Act
(5 U.S.C. 552), the cover page of each copy of the proposal shall be
marked with the following legend:

\"The information specifically identified on pages of this proposal
constitutes trade secrets or confidential commercial and financial
information which the offeror believes to be exempt from disclosure
under the Freedom of Information Act. The offeror requests that this
information not be disclosed to the public, except as may be required by
law. The offeror also requests that this information not be used in
whole or part by the Government for any purpose other than to evaluate
the proposal, except that if a contract is awarded to the offeror as a
result of or in connection with the submission of the proposal, the
Government shall have the right to use the information to the extent
provided in the contract.\"

\(c\) The offeror shall also specifically identify trade secret
information and confidential commercial and financial information on the
pages of the proposal on which it appears and shall mark each such page
with the following legend:

\"This page contains trade secrets or confidential commercial and
financial information which the offeror believes to be exempt from
disclosure under the Freedom of Information Act and which is subject to
the legend contained on the cover page of this proposal.\"

\(d\) Information in a proposal identified by an offeror as trade secret
information or confidential commercial and financial information shall
be used by the Government only for the purpose of evaluating the
proposal, except that (i) if a contract is awarded to the offeror as a
result of or in connection with submission of the proposal, the
Government shall have the right to use the information as provided in
the contract, and (ii) if the same information is obtained from another
source without restriction it may be used without restriction.

\(e\) If a request under the Freedom of Information Act seeks access to
information in a proposal identified as trade secret information or
confidential commercial and financial information, full consideration
will be given to the offeror\'s view that the information constitutes
trade secrets or confidential commercial or financial information. The
offeror will also be promptly notified of the request and given an
opportunity to provide additional evidence and argument in support of
its position, unless administratively unfeasible to do so. If it is
determined that information claimed by the offeror to be trade secret
information or confidential commercial or financial information is not
exempt from disclosure under the Freedom of Information Act, the offeror
will be notified of this determination prior to disclosure of the
information.

\(f\) The Government assumes no liability for the disclosure or use of
information contained in a proposal if not marked in accordance with
paragraphs (b) and (c) of this provision. If a request under the Freedom
of Information Act is made for information in a proposal not marked in
accordance with paragraphs (b) and (c) of this provision, the offeror
concerned shall be promptly notified of this request and given an
opportunity to provide its position to the Government. However, failure
of an offeror to mark information contained in a proposal as trade
secret information or confidential commercial or financial information
will be treated by the Government as evidence that the information is
not exempt from disclosure under the Freedom of Information Act, absent
a showing that the failure to mark was due to unusual or extenuating
circumstances, such as a showing that the offeror had intended to mark,
but that markings were omitted from the offeror\'s proposal due to
clerical error.

  ------------- ----------- ------------------------------------------ --------------
  []{#_toc_L3   52.211-01   Availability of Specifications Listed in   August 1998
  .anchor}L.3               the GSA Index of Federal Specifications,   
                            Standards and Commercial Item              
                            Descriptions, FPMR Part 101-29             

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

\(a\) The GSAIndex of Federal Specifications, Standards and Commercial
Item Descriptions, FPMR Part 101-29, and copies of specifications,
standards, and commercial item descriptions cited in this solicitation
may be obtained for a fee by submitting a request to-

GSAFederal Supply Service

Specifications Section, Suite 8100

470 East L\'Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

\(b\) If the General Services Administration, Department of Agriculture,
or Department of Veterans Affairs issued this solicitation, a single
copy of specifications, standards, and commercial item descriptions
cited in this solicitation may be obtained free of charge by submitting
a request to the addressee in paragraph (a) of this provision.
Additional copies will be issued for a fee.

  ------------- ----------- ------------------------------------------ --------------
  []{#_toc_L4   52.211-02   Availability of Specifications, Standards, January 2006
  .anchor}L.4               and Data Item Descriptions Listed in the   
                            Acquisition Streamlining and               
                            Standardization Information System         
                            (ASSIST).                                  

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

\(a\) Most unclassified Defense specifications and standards may be
downloaded from the following ASSIST websites:

\(1\) ASSIST (http://assist.daps.dla.mil);

\(2\) Quick Search (http://assist.daps.dla.mil/quicksearch);

\(3\) ASSISTdocs.com (http://assistdocs.com).

\(b\) Documents not available from ASSIST may be ordered from the
Department of Defense Single Stock Point (DoDSSP) by---

\(1\) Using the ASSIST Shopping Wizard
(http://assist.daps.dla.mil/wizard);

\(2\) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri,
0730 to 1600 EST; or

\(3\) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue,
Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile
(215) 697-1462.

  ------------- ----------- ------------------------------------------ --------------
  []{#_toc_L5   52.211-06   Brand Name or Equal                        August 1999
  .anchor}L.5                                                          

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

\(a\) If an item in this solicitation is identified as \"brand name or
equal,\" the purchase description reflects the characteristics and level
of quality that will satisfy the Government\'s needs. The salient
physical, functional, or performance characteristics that \"equal\"
products must meet are specified in the solicitation.

\(b\) To be considered for award, offers of \"equal\" products,
including \"equal\" products of the brand name manufacturer, must\--

\(1\) Meet the salient physical, functional, or performance
characteristic specified in this solicitation;

\(2\) Clearly identify the item by\--

\(i\) Brand name, if any; and

\(ii\) Make or model number;

\(3\) Include descriptive literature such as illustrations, drawings, or
a clear reference to previously furnished descriptive date or
information available to the Contracting Officer; and

\(4\) Clearly describe any modifications the offeror plans to make in a
product to make it conform to the solicitation requirements. Mark any
descriptive material to clearly show the modifications.

\(c\) The Contracting Officer will evaluate \"equal\" products on the
basis of information furnished by the offeror or identified in the offer
and reasonably available to the Contracting Officer. The Contracting
Officer is not responsible for locating or obtaining any information not
identified in the offer.

\(d\) Unless the offeror clearly indicates in its offer that the product
being offered is an \"equal\" product, the offeror shall provide the
brand name product referenced in the solicitation.

  ------------- ----------- ------------------------------------------ --------------
  []{#_toc_L6   52.211-07   Alternatives to Government-Unique          November 1999
  .anchor}L.6               Standards                                  

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

\(a\) This solicitation includes Government-unique standards. The
offeror may propose voluntary consensus standards that meet the
Government\'s requirements as alternatives to the Government-unique
standards. The Government will accept use of the voluntary consensus
standard instead of the Government-unique standard if it meets the
Government\'s requirements unless inconsistent with law or otherwise
impractical.

\(b\) If an alternative standard is proposed, the offeror must furnish
data and/or information regarding the alternative in sufficient detail
for the Government to determine if it meets the Government\'s
requirements. Acceptance of the alternative standard is a unilateral
decision made solely at the discretion of the Government.

\(c\) Offers that do not comply with the Government-unique standards
specified in this solicitation may be determined to be nonresponsive or
unacceptable. The offeror may submit an offer that complies with the
Government-unique standards specified in this solicitation, in addition
to any proposed alternative standard(s).

  ------------- ----------- ------------------------------------------ --------------
  []{#_toc_L7   52.214-34   Submission of Offers in the English        April 1991
  .anchor}L.7               Language                                   

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

Offers submitted in response to this solicitation shall be in the
English language. Offers received in other than English shall be
rejected.

  ------------- ----------- ------------------------------------------ --------------
  []{#_toc_L8   52.214-35   Submission of Offers in U.S. Currency      April 1991
  .anchor}L.8                                                          

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

Offers submitted in response to this solicitation shall be in terms of
U.S. dollars. Offers received in other than U.S. dollars shall be
rejected.

  ------------- ----------- ------------------------------------------ --------------
  []{#_toc_L9   52.215-01   Instructions to Offerors\--Competitive     October 1997
  .anchor}L.9   Alt II      (Jan 2004) - Alternate II                  

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

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

\"Discussions\' are negotiations that occur after establishment of the
competitive range that may, at the Contracting Officer\'s discretion,
result in the offeror being allowed to revise its proposal.

\"In writing,\" \"writing,\" or \"written\" means any worded or numbered
expression that can be read, reproduced, and later communicated, and
includes electronically transmitted and stored information.

\"Proposal modification\" is a change made to a proposal before the
solicitation\'s closing date and time, or made in response to an
amendment, or made to correct a mistake at any time before award.

\"Proposal revision\" is a change to a proposal made after the
solicitation closing date, at the request of or as allowed by a
Contracting Officer as the result of negotiations.

\"Time\", if stated as a number of days, is calculated using calendar
days, unless otherwise specified, and will include Saturdays, Sundays,
and legal holidays. However, if the last day falls on a Saturday,
Sunday, or legal holiday, then the period shall include the next working
day.

\(b\) Amendments to solicitations. If this solicitation is amended, all
terms and conditions that are not amended remain unchanged. Offerors
shall acknowledge receipt of any amendment to this solicitation by the
date and time specified in the amendment(s).

\(c\) Submission, modification, revision, and withdrawal of proposals.
(1) Unless other methods (e.g., electronic commerce or facsimile) are
permitted in the solicitation, proposals and modifications to proposals
shall be submitted in paper media in sealed envelopes or packages (i)
addressed to the office specified in the solicitation, and (ii) showing
the time and date specified for receipt, the solicitation number, and
the name and address of the offeror. Offerors using commercial carriers
should ensure that the proposal is marked on the outermost wrapper with
the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this
provision.

\(2\) The first page of the proposal must show\--

\(i\) The solicitation number;

\(ii\) The name, address, and telephone and facsimile numbers of the
offeror (and electronic address if available);

\(iii\) A statement specifying the extent of agreement with all terms,
conditions, and provisions included in the solicitation and agreement to
furnish any or all items upon which prices are offered at the price set
opposite each item;

\(iv\) Names, titles, and telephone and facsimile numbers (and
electronic addresses if available) of persons authorized to negotiate on
the offeror\'s behalf with the Government in connection with this
solicitation; and

\(v\) Name, title, and signature of person authorized to sign the
proposal. Proposals signed by an agent shall be accompanied by evidence
of that agent\'s authority, unless that evidence has been previously
furnished to the issuing office.

\(3\) Late proposals and revisions. (i) Any proposal received at the
office designated in the solicitation after the exact time specified for
receipt of offers will not be considered unless it is received before
award is made and\--

\(A\) It was sent by registered or certified mail not later than the
fifth calendar day before the date specified for receipt of offers
(e.g., an offer submitted in response to a solicitation requiring
receipt of offers by the 20th of the month must have been mailed by the
15th);

\(B\) It was sent by mail (or telegram or facsimile, if authorized) or
hand-carried (including delivery by a commercial carrier) if it is
determined by the Government that the late receipt was due primarily to
Government mishandling after receipt at the Government installation;

\(C\) It was sent by U.S. Postal Service Express Mail Next Day
Service-Post Office to Addressee, not later than 5:00 p.m. at the place
of mailing two working days prior to the date specified for receipt of
proposals. The term \`\`working days\'\' excludes weekends and U.S.
Federal holidays;

\(D\) It was transmitted through an electronic commerce method
authorized by the solicitation and was received at the initial point of
entry to the Government infrastructure not later than 5:00 p.m. one
working day prior to the date specified for receipt of proposals; or

\(E\) There is acceptable evidence to establish that it was received at
the activity designated for receipt of offers and was under the
Government\'s control prior to the time set for receipt of offers, and
the Contracting Officer determines that accepting the late offer would
not unduly delay the procurement; or

\(F\) It is the only proposal received.

\(ii\) Any modification or revision of a proposal or response to request
for information, including any final proposal revision, is subject to
the same conditions as in subparagraphs (c)(3)(i)(A) through
(c)(3)(i)(E) of this provision.

\(iii\) The only acceptable evidence to establish the date of mailing of
a late proposal or modification or revision sent either by registered or
certified mail is the U.S. or Canadian Postal Service postmark both on
the envelope or wrapper and on the original receipt from the U.S. or
Canadian Postal Service. Both postmarks must show a legible date or the
proposal, response to a request for information, or modification or
revision shall be processed as if mailed late. \"Postmark\" means a
printed, stamped, or otherwise placed impression (exclusive of a postage
meter machine impression) that is readily identifiable without further
action as having been supplied and affixed by employees of the U.S. or
Canadian Postal Service on the date of mailing. Therefore, offerors or
respondents should request the postal clerk to place a legible hand
cancellation bull\'s eye postmark on both the receipt and the envelope
or wrapper.

\(iv\) Acceptable evidence to establish the time of receipt at the
Government installation includes the time/date stamp of that
installation on the proposal wrapper, other documentary evidence of
receipt maintained by the installation, or oral testimony or statements
of Government personnel.

\(v\) The only acceptable evidence to establish the date of mailing of a
late offer, modification or revision, or withdrawal sent by Express Mail
Next Day Service-Post Office to Addressee is the date entered by the
post office receiving clerk on the \"Express Mail Next Day Service-Post
Office to Addressee\" label and the postmark on both the envelope or
wrapper and on the original receipt from the U.S. Postal Service.
\"Postmark\" has the same meaning as defined in paragraph (c)(3)(iii) of
this provision, excluding postmarks of the Canadian Postal Service.
Therefore, offerors or respondents should request the postal clerk to
place a legible hand cancellation bull\'s eye postmark on both the
receipt and the envelope or wrapper.

\(vi\) Notwithstanding paragraph (c)(3)(i) of this provision, a late
modification or revision of an otherwise successful proposal that makes
its terms more favorable to the Government will be considered at any
time it is received and may be accepted.

\(vii\) Proposals may be withdrawn by written notice or telegram
(including mailgram) received at any time before award. If the
solicitation authorizes facsimile proposals, proposals may be withdrawn
via facsimile received at any time before award, subject to the
conditions specified in the provision entitled \"Facsimile Proposals.\"
Proposals may be withdrawn in person by an offeror or an authorized
representative, if the representative\'s identity is made known and the
representative signs a receipt for the proposal before award.

\(viii\) If an emergency or unanticipated event interrupts normal
Government processes so that proposals cannot be received at the office
designated for receipt of proposals by the exact time specified in the
solicitation, and urgent Government requirements preclude amendment of
the solicitation or other notice of an extension of the closing date,
the time specified for receipt of proposals will be deemed to be
extended to the same time of day specified in the solicitation on the
first work day on which normal Government processes resume. If no time
is specified in the solicitation, the time for receipt is 4:30 p.m.,
local time, for the designated Government office.

\(4\) Unless otherwise specified in the solicitation, the offeror may
propose to provide any item or combination of items.

\(5\) Offerors shall submit proposals in response to this solicitation
in English, unless otherwise permitted by the solicitation, and in U.S.
dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign
Currency Offers, is included in the solicitation.

\(6\) Offerors may submit modifications to their proposals at any time
before the solicitation closing date and time, and may submit
modifications in response to an amendment, or to correct a mistake at
any time before award.

\(7\) Offerors may submit revised proposals only if requested or allowed
by the Contracting Officer.

\(8\) Proposals may be withdrawn at any time before award. Withdrawals
are effective upon receipt of notice by the Contracting Officer.

\(9\) Offerors may submit proposals that depart from stated
requirements. Such proposals shall clearly identify why the acceptance
of the proposal would be advantageous to the Government. Any deviations
from the terms and conditions of the solicitation, as well as the
comparative advantage to the Government, shall be clearly identified and
explicitly defined. The Government reserves the right to amend the
solicitation to allow all offerors an opportunity to submit revised
proposals based on the revised requirements.

\(d\) Offer expiration date . Proposals in response to this solicitation
will be valid for the number of days specified on the solicitation cover
sheet (unless a different period is proposed by the offeror).

\(e\) Restriction on disclosure and use of data. Offerors that include
in their proposals data that they do not want disclosed to the public
for any purpose, or used by the Government except for evaluation
purposes, shall---

\(1\) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the
Government and shall not be duplicated, used, or disclosed---in whole or
in part---for any purpose other than to evaluate this proposal. If,
however, a contract is awarded to this offeror as a result of---or in
connection with---the submission of this data, the Government shall have
the right to duplicate, use, or disclose the data to the extent provided
in the resulting contract. This restriction does not limit the
Government\'s right to use information contained in this data if it is
obtained from another source without restriction. The data subject to
this restriction are contained in sheets \[insert numbers or other
identification of sheets\]; and

\(2\) Mark each sheet of data it wishes to restrict with the following
legend:

Use or disclosure of data contained on this sheet is subject to the
restriction on the title page of this proposal.

\(f\) Contract award. (1) The Government intends to award a contract or
contracts resulting from this solicitation to the responsible offeror(s)
whose proposal(s) represents the best value after evaluation in
accordance with the factors and subfactors in the solicitation.

\(2\) The Government may reject any or all proposals if such action is
in the Government\'s interest.

\(3\) The Government may waive informalities and minor irregularities in
proposals received.

\(4\) The Government intends to evaluate proposals and award a contract
without discussions with offerors (except clarifications as described in
FAR 15.306(a)). Therefore, the offeror\'s initial proposal should
contain the offeror\'s best terms from a cost or price and technical
standpoint. The Government reserves the right to conduct discussions if
the Contracting Officer later determines them to be necessary. If the
Contracting Officer determines that the number of proposals that would
otherwise be in the competitive range exceeds the number at which an
efficient competition can be conducted, the Contracting Officer may
limit the number of proposals in the competitive range to the greatest
number that will permit an efficient competition among the most highly
rated proposals.

\(5\) The Government reserves the right to make an award on any item for
a quantity less than the quantity offered, at the unit cost or prices
offered, unless the offeror specifies otherwise in the

proposal.

\(6\) The Government reserves the right to make multiple awards if,
after considering the additional administrative costs, it is in the
Government\'s best interest to do so.

\(7\) Exchanges with offerors after receipt of a proposal do not
constitute a rejection or counteroffer by the Government.

\(8\) The Government may determine that a proposal is unacceptable if
the prices proposed are materially unbalanced between line items or
subline items. Unbalanced pricing exists when, despite an acceptable
total evaluated price, the price of one or more contract line items is
significantly overstated or understated as indicated by the application
of cost or price analysis techniques. A proposal may be rejected if the
Contracting Officer determines that the lack of balance poses an
unacceptable risk to the Government.

\(9\) If a cost realism analysis is performed, cost realism may be
considered by the source selection authority in evaluating performance
or schedule risk.

\(10\) A written award or acceptance of proposal mailed or otherwise
furnished to the successful offeror within the time specified in the
proposal shall result in a binding contract without further action by
either party.

\(11\) If a post-award debriefing is given to requesting offerors, the
Government shall disclose the following information, if applicable:

\(i\) The agency\'s evaluation of the significant weak or deficient
factors in the debriefed offeror\'s offer.

\(ii\) The overall evaluated cost or price and technical rating of the
successful and the debriefed offeror and past performance information on
the debriefed offeror.

\(iii\) The overall ranking of all offerors, when any ranking was
developed by the agency during source selection.

\(iv\) A summary of the rationale for award.

\(v\) For acquisitions of commercial items, the make and model of the
item to be delivered by the successful offeror.

\(vi\) Reasonable responses to relevant questions posed by the debriefed
offeror as to whether source-selection procedures set forth in the
solicitation, applicable regulations, and other applicable authorities
were followed by the agency.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_L10   52.216-01   Type of Contract                           April 1984
  .anchor}L.10                                                          

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

The Government contemplates award of a firm-fixed price contract
resulting from this solicitation.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_L11   52.222-23   Notice of Requirement for Affirmative      February 1999
  .anchor}L.11               Action to Ensure Equal Employment          
                             Opportunity for Construction               

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

\(a\) The offeror\'s attention is called to the Equal Opportunity clause
and the Affirmative Action Compliance Requirements for Construction
clause of this solicitation.

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

Goals for Minority Goals for Female

Participation for Participation for

Each Trade Each Trade

70.4 6.9

These goals are applicable to all the Contractor\'s construction work
performed in the covered area. If the Contractor performs construction
work in a geographical area located outside of the covered area, the
Contractor shall apply the goals established for the geographical area
where the work is actually performed. Goals are published periodically
in the Federal Register in notice form, and these notices may be
obtained from any Office of Federal Contract Compliance Programs office.

\(c\) The Contractor\'s compliance with Executive Order 11246, as
amended, and the regulations in 41 CFR 60-4 shall be based on (1) its
implementation of the Equal Opportunity clause, (2) specific affirmative
action obligations required by the clause entitled \"Affirmative Action
Compliance Requirements for Construction,\'\' and (3) its efforts to
meet the goals. The hours of minority and female employment and training
must be substantially uniform throughout the length of the contract, and
in each trade. The Contractor shall make a good faith effort to employ
minorities and women evenly on each of its projects. The transfer of
minority or female employees or trainees from Contractor to Contractor,
or from project to project, for the sole purpose of meeting the
Contractor\'s goals shall be a violation of the contract, Executive
Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance
with the goals will be measured against the total work hours performed.

\(d\) The Contractor shall provide written notification to the Deputy
Assistant Secretary for Federal Contract Compliance, U.S.

Department of Labor, within 10 working days following award of any
construction subcontract in excess of \$10,000 at any tier

for construction work under the contract resulting from this
solicitation. The notification shall list the -

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

\(2\) Employer\'s identification number of the subcontractor;

\(3\) Estimated dollar amount of the subcontract;

\(4\) Estimated starting and completion dates of the subcontract; and

\(5\) Geographical area in which the subcontract is to be performed.

\(e\) As used in this Notice, and in any contract resulting from this
solicitation, the \"covered area\" is Haleakala National Park, Kipahula,
Hawaii, island of Maui.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_L12   52.232-38   Submission of Electronic Funds Transfer    May 1999
  .anchor}L.12               Information with Offer                     

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

The offeror shall provide, with its offer, the following information
that is required to make payment by electronic funds transfer (EFT)
under any contract that results from this solicitation. This submission
satisfies the requirement to provide EFT information under paragraphs
(b)(1) and (j) of the clause at 52.232-34, Payment by Electronic Funds
Transfer-Other than Central Contractor Registration.

\(1\) The solicitation number (or other procurement identification
number).

\(2\) The offeror\'s name and remittance address, as stated in the
offer.

\(3\) The signature (manual or electronic, as appropriate), title, and
telephone number of the offeror\'s official authorized to provide this
information.

\(4\) The name, address, and 9-digit Routing Transit Number of the
offeror\'s financial agent.

\(5\) The offeror\'s account number and the type of account (checking,
savings, or lockbox).

\(6\) If applicable, the Fedwire Transfer System telegraphic
abbreviation of the offeror\'s financial agent.

\(7\) If applicable, the offeror shall also provide the name, address,
telegraphic abbreviation, and 9-digit

Routing Transit Number of the correspondent financial institution
receiving the wire transfer payment if the offeror\'s financial agent is
not directly on-line to the Fedwire and, therefore, not the receiver of
the wire transfer payment.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_L13   52.236-27   Site Visit (Construction)                  February 1995
  .anchor}L.13                                                          

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

\(a\) 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.

  -------------- ----------- ------------------------------------------ --------------
  []{#_toc_L14   52.236-28   Preparation of Proposals\--Construction    October 1997
  .anchor}L.14                                                          

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

\(a\) Proposals must be\--

\(1\) submitted on the forms furnished by the Government or on copies of
those forms; and

\(2\) manually signed. The person signing a proposal must initial each
erasure or change

appearing on any proposal form.

\(b\) The proposal form may require offerors to submit proposed prices
for one or more items on various bases, including\--

\(1\) Lump sum price;

\(2\) Alternate prices;

\(3\) Units of construction; or

\(4\) Any combination of paragraphs (b)(1) through (b)(3) of this
provision.

\(c\) If the solicitation requires submission of a proposal on all
items, failure to do so may result in the proposal being rejected
without further consideration. If a proposal on all items is not
required, offerors should insert the words \`\`no proposal\'\' in the
space provided for any item on which no price is submitted.

\(d\) Alternate proposals will not be considered unless this
solicitation authorizes their submission.

  -------------- ------------- ---------------------------------------- --------------
  []{#_toc_L15   DS52.228-01   Bid Guarantee                            September 1996
  .anchor}L.15                                                          

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

\(a\) Failure to furnish a bid guarantee in the proper form and amount,
by the time set for opening of bids, may be cause for rejection of the
bid.

\(b\) The bidder shall furnish a bid guarantee in the form of a firm
commitment, e.g., bid bond supported by good and sufficient surety or
sureties acceptable to the Government, postal money order, certified
check, cashier\'s check, irrevocable letter of credit, or, under
Treasury Department regulations, certain bonds or notes of the United
States. The Contracting Officer will return bid guarantees, other than
bid bonds, (1) to unsuccessful bidders as soon as practicable after the
opening of bids, and (2) to the successful bidder upon execution of
contractual documents and bonds (including any necessary coinsurance or
reinsurance agreements), as required by the bid as accepted.

\(c\) The amount of the bid guarantee shall be 20 percent of the bid
price or \$3,000,000, whichever is less.

\(d\) If the successful bidder, upon acceptance of its bid by the
Government within the period specified for acceptance, fails to execute
all contractual documents or furnish executed bond(s) within 10 days
after receipt of the forms by the bidder, the Contracting Officer may
terminate the contract for default.

\(e\) In the event the contract is terminated for default, the bidder is
liable for any cost of acquiring the work that exceeds the amount of its
bid, and the bid guarantee is available to offset the difference.

  -------------- ------------- ------------------------------------------ --------------
  []{#_toc_L16   DS52.233-02   Service of Protest (Para (a) modified by   August 1996
  .anchor}L.16                 DSC)                                       

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

\(a\) 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 National Park Service,
Denver Service Center, Attn: Contracting Officer, Contracting Services
Group, 12795 W. Alameda Parkway, P. O. Box 25287 DSC-CS, Denver,
Colorado 80225-0287.

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

  -------------- -------- ------------------------------------------ --------------
  []{#_toc_L17   DSC-36   Instructions for the Submission of Offers  March 2006
  .anchor}L.17   Alt I    and Other Information                      

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

A. GENERAL:

1\. All offerors are required to submit, at a minimum, an offer that
conforms to the solicitation documents. By submission of its offer in
accordance with the instructions provided in this Section L, the offeror
unconditionally assents to the terms and conditions in this solicitation
document and in any attachments hereto.

2\. Alternate Proposals. The Government may consider alternate proposals
as stated in FAR 52.215-1, Instructions to Offerors-Competitive
Acquisition, Alternate II (Oct 1997). If an offeror chooses to submit an
alternate proposal in addition to their conforming proposal required in
part 1. above, then, in the Business and Price Proposal (Volume II), the
offeror shall provide a separate and complete Contract Price Schedule
for each of the respective offers (i.e., both the conforming proposal
and the alternate proposal.) The alternate Contract Price Schedule
submitted shall clearly indicate at the top of the schedule that it
represents an \"Alternate Proposal\". The alternate Contract Price
Schedule shall be supplemented by an adequate summary that clearly
delineates all proposed changes to the specifications and drawings and
provides an itemized detail of the price savings relating to each of the
changes proposed.

In the Technical Proposal (Volume I), the offeror shall provide an
adequate summary that clearly delineates all proposed changes to the
specifications and drawings. These proposed changes shown in the
Technical Proposal must reconcile with the proposed changes shown in the
Business and Price Proposal (Volume II). The summary shall include a
discussion of the rationale for, and advantages offered by, the
alternate proposal. The offeror shall NOT include any pricing
information in the Technical Proposal. The Technical Proposal shall
clearly state whether the alternate proposal affects the period of
performance for this project.

3\. Proposed Equals: Provide a completed copy of the form entitled
\"Proposed Equals\" that is attached to the solicitation. The offeror
should provide a list of any proposed equals that it anticipates using
in the performance of this contemplated construction contract or state
\"none.\"

4\. Hazardous Materials Form: Provide a completed copy of the form
entitled \"Hazardous Materials Identification Listing\" that is attached
to the solicitation. This form contains a listing of hazardous materials
that the offeror anticipates using in the performance of this
contemplated construction contract. Submission of this form is a
requirement for contract award in accordance with Clause 52.223-03,
Hazardous Material Identification and Material Safety Data, in Section L
of the solicitation.

5\. General References: Provide a completed copy of the form entitled
\"General References -- Subcontractors and Suppliers\" that is attached
to the solicitation. This form contains a listing of reference
information related to the subcontractors and material suppliers.
Information provided may be used in making a determination of
responsibility pursuant to FAR 9.103.

6\. The Government intends to award a contract without discussions with
offerors (except clarifications as described in FAR 15.306(a));
therefore, the offeror\'s initial proposal should be clear and complete
and contain the offeror\'s best terms from a price standpoint. The
Government reserves the right to conduct discussions if later deemed
necessary. The Government further reserves the right to reject any or
all offers if such action is in the Government\'s best interest.

7\. Offerors shall submit their proposals to the following address no
later than the date and time specified in Block 9 of the Standard Form
33:

If via courier service:

Audrey Winters, Contract Specialist

Contracting Services Group (DSC-CS)

Denver Service Center

National Park Service

12795 West Alameda Parkway

Lakewood, CO 80228

If via U.S. Postal Service:

Audrey Winters, Contract Specialist

Contracting Services Group (DSC-CS)

Denver Service Center

National Park Service

P.O. Box 25287

Denver, CO 80225-0287

5\. Offerors should note that proposal preparation instructions set
forth in paragraph C below may require submission of a critical path
method (CPM) schedule or separate narrative for which no form or format
is provided. Each offeror should carefully review the proposal
preparation instructions below in formulating their proposal.

B. SUBMISSION OF OFFERS:

1\. Each offeror shall submit an offer that fully addresses the
evaluation factors contained in Section M of this solicitation and
complies with the preparation and submission instructions contained in
this Section L. Offerors should carefully review this section and its
relationship to Section M prior to commencing proposal preparation.

2\. The offer shall consist of two separately bound volumes: Volume I
\-- Technical Proposal, and Volume II - Business and Price Proposal.
Contents of each proposal are set forth below. The packaging used in
submitting the proposal must clearly identify the solicitation number
and the date and local time specified in the solicitation for receipt of
proposals. Offerors using commercial carriers should ensure that this
information is marked on the outside of the envelope/box/wrapper.

C. VOLUME I \-- TECHNICAL PROPOSAL: Volume I \-- Technical Proposal
shall be submitted in an original and four (4) copies. The proposal data
required in this volume must address each of the evaluation factors are
as follows:

> 1\. EXPERIENCE: The Offeror and its Subcontractors will be evaluated
> on basis of extent of successful experience on the completion of
> projects of similar size and complexity that include similar
> construction and working in marine environments. Offerors
> demonstrating considerable experience in the above areas will be more
> favorably rated.

2.  PROJECT MANAGEMENT AND OPERATING PROCEDURES OF THE FIRM:

> [Project Management]{.underline}-The Offerors will be evaluated on the
> basis on how the Offeror\'s firm plans to provide effective,
> efficient, and appropriate prosecution of the work, including, but not
> limited to, communication, coordination, tracking, scheduling, safety
> and cost control. Offerors should address these issues in detail.
>
> [Proposed Construction Schedule]{.underline} - Offerors will be
> evaluated on the basis of the clarity and logic of a preliminary CPM
> Schedule submitted for this project. Provide a Critical Path Schedule
> for this project which illustrates completing the work within the
> prescribed 180-day performance period in a realistic, rational, and
> efficient manner while considering procurement lead-time, coordination
> of various trades, restrictions on ground disturbing activity, on-site
> storage and staging, environmental protection, and maintaining safe
> pedestrian and vehicle traffic throughout the construction site.
>
> 3\. KEY PERSONNEL: Offeror will be evaluated on qualifications and
> experience of Key Personnel based on the depth, breadth and relevance
> of experience of the individuals proposed to fill the Key Personnel
> positions identified in Section H, Clause 1489.237-72 (and shown
> below). Key Personnel with more relevant experience will be rated more
> favorably. Additionally, Key Subcontractors with positive past
> experience working with the Prime Contractor will be rated more
> favorably.
>
> Key Personnel (including, but not limited to) : Project Manager,
> Superintendent, Quality Control, Safety Manager
>
> 4\. PAST PERFORMANCE - Offeror will be evaluated on basis of adequacy
> of documentation and references for past performance on previous
> comparable projects, either as General Contractor, or as a team with
> proposed subcontractors, and on apparent previous customer
> satisfaction relative to offeror\'s capability, efficiency,
> effectiveness, conformance to terms and conditions of contracts,
> reasonableness and cooperativeness and commitment to customer
> satisfaction. Offerors demonstrating a higher level of successful past
> performance in the evaluated areas will be more favorably rated. In
> the case of Offeror without a record of relevant past performance or
> for whom information on past performance is not available, the Offeror
> will be evaluated neither favorably nor unfavorably.

The offeror should disclose any instances in which its past performance
on a particular contract may be considered by others to be less than
fully satisfactory by attaching a narrative to the applicable Past
Performance Questionnaire. The offeror should relate pertinent facts and
circumstances and describe any remedial action taken or to be taken to
correct the deficiency. Failure to disclose such instances may result in
a determination that the offeror has been less than candid with the
Government, which could result in an unfavorable assessment of the
offeror\'s past performance record.

The Government reserves the right to limit the number of references it
ultimately contacts and to contact references or use sources other than
those provided by the offeror to obtain information related to past
performance. Other sources include, but are not limited to, the Past
Performance Information Retrieval System; Federal, State or local
governmental agencies; and private sector businesses. Limited exchanges
between the Government and an offeror may occur to clarify the relevance
of an offeror\'s past performance information and adverse past
performance information to which the offeror has not previously had an
opportunity to respond.

D. VOLUME II - BUSINESS AND PRICE PROPOSAL: Volume II shall be submitted
in an original and one (1) copy and shall include the following:

1\. Standard Form 1442, Solicitation, Offer, and Award, (Construction,
Alteration, or Repair): Complete blocks 14 through 20C only. An official
having the authority to contractually bind the offeror\'s company must
sign the SF 1442 in accordance with the procedures prescribed in FAR
4.102.

2\. Acknowledgement of Amendments: In accordance with Section L, FAR
52.215-1, Instructions to Offerors-Competitive Acquisition, acknowledge
all solicitation amendments using one of the methods set forth in Block
11 of Standard Form 30, the amendment.

3\. Standard Form 24, Bid Bond: Submit a bid bond duly executed between
the offeror and the bonding company.

4\. Section B, Contract Price Schedule: Enter the proposed dollar amount
for each line item in the price schedule, including any optional items,
if applicable. Also provide a schedule of values showing the price
breakdown by major work components. A schedule of values format is
provided in the proposal submission package.

5\. Section K, Representations, Certifications and Other Statements of
Offerors: Complete all required representations and certifications.

6\. General References: Provide a completed copy of the form entitled
\"General References -- Surety, Bank, and Insurance\" that is attached
to the solicitation. This form contains a listing of reference
information related to the offeror\'s surety, bank, insurance company.
Information provided may be used in making a determination of
responsibility pursuant to FAR 9.103.

[]{#_TOC_M .anchor}SECTION M \-- Evaluation Factors for Award

  ------------- ----------- ------------------------------------------ --------------
  []{#_toc_M1   52.217-05   Evaluation of Options                      July 1990
  .anchor}M.1                                                          

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

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 offers
for award purposes by adding the total price for all options to the
total price for the basic requirement. Evaluation of options will not
obligate the Government to exercise the option(s).

  ------------- -------- ------------------------------------------ --------------
  []{#_toc_M2   DSC-30   Evaluation Factors for Award               April 2005
  .anchor}M.2                                                       

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

A. GENERAL:

1\. A Technical Evaluation Panel (TEP) comprised of Government
personnel, with assistance from non-Government advisors when required,
will evaluate the proposals. The technical evaluation and rating of
proposals will be conducted in strict confidence. The number and
identities of offerors will not be revealed to anyone not involved in
the evaluation and award process or to other offerors. Proposals will be
evaluated based only on the factors described herein.

2\. The Government will use a tradeoff process for this source
selection. Award will be made to the responsible offeror whose offer
conforms to the solicitation requirements and provides the best value to
the Government considering the stated technical factors and price.

B. EVALUATION PROCESS:

1\. Proposals will be evaluated against the factors set forth in this
Section M. The TEP will evaluate price proposals independent of the
technical evaluation. The TEP will not have access to price information
until completion of the technical evaluation.

2\. Proposals will receive a preliminary review to determine whether the
proposal contains sufficient information, as required by Section L,
DSC - 36 Instructions for the Submission of Offers and Other Information
(April 2005), to allow the Government to perform a meaningful
evaluation. If the results of this preliminary review indicate that the
proposal lacks sufficient information to allow a meaningful evaluation
to be conducted, the Source Selection Authority (SSA) may eliminate the
proposal from further evaluation and consideration for an award. Any
offeror\'s proposal eliminated at this stage from further evaluation or
consideration for an award will be notified with the reasons why its
proposal was eliminated from further evaluation or consideration for
award in accordance with FAR 15.503.

3\. After completion of the technical and price evaluations, the TEP
will report the results to the SSA. The SSA will then consider all
technical and price factors, including assessing the degree of risk
associated with the proposal, to determine the offer that provides the
overall best value to the Government. The SSA\'s decision will be based
on a comparative assessment of proposals against all source selection
factors specified in the solicitation.

4\. The Government may elect to accept other than the lowest priced
proposal when the perceived benefits of a higher priced proposal merit
the additional cost.

C. EVALUATION FACTORS: The factors to be evaluated are as follows:

1\. Technical Factors: The technical capability of the offeror will be
evaluated using the following factors:

A. Experience

B. Project Management and Operating Procedures of the Firm

> C. Key Personnel
>
> D. Past Performance

2\. Price: A price evaluation will be performed to determine the
reasonableness of the proposed price. Reasonableness will be determined
considering other competitive prices received and comparison to the
independent Government estimate. If multiple contract line items are
included in the price schedule, prices will also be evaluated to
determine whether any line items are unbalanced. Offerors are cautioned
to distribute costs appropriately.

D. RELATIVE IMPORTANCE OF EVALUATION FACTORS:

1\. Technical factors are listed in descending order of importance.

2\. All evaluation factors other than price, when combined, are
approximately equal to price.