<table>
<colgroup>
<col style="width: 8%" />
<col style="width: 3%" />
<col style="width: 7%" />
<col style="width: 8%" />
<col style="width: 0%" />
<col style="width: 7%" />
<col style="width: 1%" />
<col style="width: 8%" />
<col style="width: 0%" />
<col style="width: 4%" />
<col style="width: 9%" />
<col style="width: 6%" />
<col style="width: 1%" />
<col style="width: 0%" />
<col style="width: 2%" />
<col style="width: 0%" />
<col style="width: 10%" />
<col style="width: 16%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="4"><blockquote>
<p><strong>SOLICITATION, OFFER,</strong></p>
</blockquote></td>
<td colspan="4"><blockquote>
<p>3. SOLICITATION NO.</p>
</blockquote></td>
<td colspan="4"><blockquote>
<p>4. TYPE OF SOLICITATION</p>
</blockquote></td>
<td colspan="5"><blockquote>
<p>5. DATE ISSUED</p>
</blockquote></td>
<td></td>
</tr>
<tr class="even">
<td colspan="4"><blockquote>
<p><strong>AND AWARD<br />
</strong>(Construction, Alteration, or Repair)</p>
</blockquote></td>
<td colspan="4"><blockquote>
<p>3-198088</p>
</blockquote></td>
<td colspan="4"> SEALED BID (IFB)<br />
NEGOTIATED (RFP)</td>
<td colspan="5"><blockquote>
<p>6/14/02</p>
</blockquote></td>
<td><blockquote>
<p>PAGE 1 OF 68 PAGES</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="18"><blockquote>
<p><strong>IMPORTANT – The “offer” section on the reverse must be fully
completed by offeror.</strong></p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="6">4. CONTRACT NO.</td>
<td colspan="7"><blockquote>
<p>5. REQUISITION/PURCHASE REQUEST NO.</p>
</blockquote></td>
<td colspan="5"><blockquote>
<p>6. PROJECT NO.</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="6"><strong>     </strong></td>
<td colspan="7"><blockquote>
<p><strong>198008</strong></p>
</blockquote></td>
<td colspan="5"><blockquote>
<p><strong>Bldg.334</strong></p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="3"><blockquote>
<p>7. ISSUED BY</p>
</blockquote></td>
<td colspan="3">CODE</td>
<td colspan="4"><blockquote>
<p>0616</p>
</blockquote></td>
<td colspan="8"><blockquote>
<p>8. ADDRESS OFFER TO (If other than Item 7)</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="10"><blockquote>
<p><strong>NASA Glenn Research Center<br />
Attn: Angel L. Pagan, Services and Construction Branch<br />
21000 Brookpark Road, Mail Stop 500-312<br />
Cleveland, OH 44135-3191</strong></p>
</blockquote></td>
<td colspan="8"><blockquote>
<p><strong>     </strong></p>
</blockquote></td>
</tr>
<tr class="even">
<td>9. FOR</td>
<td></td>
<td colspan="5"><blockquote>
<p>A. NAME</p>
</blockquote></td>
<td colspan="7"><blockquote>
<p>B. TELEPHONE NO. <em>(NO COLLECT CALLS)</em></p>
</blockquote></td>
<td colspan="4"><blockquote>
<p>C. EMAIL ADDRESS</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="2">INFORMATION</td>
<td colspan="5"></td>
<td colspan="2"><blockquote>
<p>AREA CODE</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>NUMBER</p>
</blockquote></td>
<td colspan="3"><blockquote>
<p>EXT.</p>
</blockquote></td>
<td colspan="4"></td>
</tr>
<tr class="even">
<td>CALL:</td>
<td></td>
<td colspan="5"><strong>Angel L. Pagan</strong></td>
<td colspan="2"><strong>(216)</strong></td>
<td colspan="2"><blockquote>
<p><strong>433-2791</strong></p>
</blockquote></td>
<td colspan="3"><blockquote>
<p><strong>     </strong></p>
</blockquote></td>
<td colspan="4"><blockquote>
<p><strong>Angel.L.Pagan@grc.nasa.gov</strong></p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="18"><blockquote>
<p><strong>SOLICITATION</strong></p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="18"><blockquote>
<p><strong>NOTE: In sealed bid solicitations “offer” and “offeror” mean
“bid” and “bidder.”</strong></p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="18"><blockquote>
<p>10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN
THESE DOCUMENTS <em>(Title, identifying no., date):</em></p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="18"><blockquote>
<p>Specifications 96046 entitled "Construction of Fuel Cell Test
Facility, Building 334" and associated drawings.</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="18"><blockquote>
<p>11. The Contractor shall begin performance within 15 calendar days
and complete it within 365 calendar days after receiving award, notice
to proceed. This performance period is mandatory, negotiable.
<em><strong>(See      .)</strong></em></p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="16"><blockquote>
<p>12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT
BONDS? <em>(If</em></p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>12B. CALENDAR DAYS</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="16"><blockquote>
<p><em>“YES.” Indicate within how many calendar days after award in Item
12B.)<br />
</em> YES NO</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>10</p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="18"><blockquote>
<p>13. ADDITIONAL SOLICITATION REQUIREMENTS:</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="18"><ul>
<li><p>Sealed offers in original and <strong>2</strong> copies to
perform the work required are due at the place specified in Item 8 by
<strong>2:30 PM</strong> <em>(hour)</em> local time
<strong>7/15/02</strong> <em>(date)</em>. If this is a sealed bid
solicitation, offers will be publicly opened at that time. Sealed
envelopes containing offers shall be marked to show the offeror’s name
and address, the solicitation number, and the date and time offers are
due.</p></li>
</ul></td>
</tr>
<tr class="even">
<td colspan="18"><ul>
<li><p>An offer guarantee is is not required.</p></li>
</ul></td>
</tr>
<tr class="odd">
<td colspan="18"><ul>
<li><p>All offers are subject to the (1) work requirements, and (2)
other provisions and clauses incorporated in the solicitation in full
text or by reference.</p></li>
</ul></td>
</tr>
<tr class="even">
<td colspan="18"><ul>
<li><p>Offers providing less than <strong>90</strong> calendar days for
Government acceptance after the date offers are due will not be
considered and will be rejected.</p></li>
</ul></td>
</tr>
<tr class="odd">
<td colspan="5">NSN 7540-01-155-3212</td>
<td colspan="10">1442-102</td>
<td colspan="3">STANDARD FORM 1442 (REV. 4-85)<br />
Prescribed by GSA<br />
FAR (48 CFR) 53.236-1(e)</td>
</tr>
</tbody>
</table>

<table>
<colgroup>
<col style="width: 9%" />
<col style="width: 3%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 8%" />
<col style="width: 3%" />
<col style="width: 5%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 3%" />
<col style="width: 5%" />
<col style="width: 8%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="18"><blockquote>
<p>OFFER <em>(Must be fully completed by offeror)</em></p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="11"><blockquote>
<p>14. NAME AND ADDRESS OF OFFEROR <em>(Include ZIP Code)</em></p>
</blockquote></td>
<td colspan="7"><blockquote>
<p>15. TELEPHONE NO. <em>(Include area code)</em></p>
</blockquote>
<p>16. REMITTANCE ADDRESS <em>(Include only if different than Item
14)</em></p></td>
</tr>
<tr class="odd">
<td colspan="11"><blockquote>
<p>CODE: FACILITY CODE</p>
</blockquote></td>
<td colspan="7"></td>
</tr>
<tr class="even">
<td colspan="18"><blockquote>
<p>17. The offeror agrees to perform the work at the prices specified
below in strict accordance with the tems of this solicitation, if this
offer is accepted by the Government within ______ calendar days after
the date offers are due<em>. (Insert any number equal to or greater than
the minimum requirement stated in Item 13D. Failure to insert any number
means the offeror accepts the minimum in Item 13D.</em></p>
</blockquote></td>
</tr>
<tr class="odd">
<td><blockquote>
<p>AMOUNTS</p>
</blockquote></td>
<td></td>
<td colspan="16"></td>
</tr>
<tr class="even">
<td colspan="18"><blockquote>
<p>18. The offeror agrees to furnish any required performance and
payment bonds.</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="18"><blockquote>
<p>19. ACKNOWLEDGMENT OF AMENDMENTS<br />
<em>(The offeror acknowledges receipt of amendments to the solicitation
– give number and date of each)</em></p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="2">AMENDMENT NO.</td>
<td></td>
<td></td>
<td colspan="5"></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><blockquote>
<p>DATE</p>
</blockquote></td>
<td></td>
<td></td>
<td colspan="5"></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="11">20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER<br />
<em>(Type or print)</em></td>
<td colspan="4"><blockquote>
<p>20B. SIGNATURE</p>
</blockquote></td>
<td colspan="3"><blockquote>
<p>20C. OFFER DATE</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="18"><blockquote>
<p><strong>AWARD</strong> <em>(To be completed by Government)</em></p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="18"><blockquote>
<p>21. ITEMS ACCEPTED:</p>
<p>     </p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="8"><blockquote>
<p>22. AMOUNT</p>
<p>     </p>
</blockquote></td>
<td colspan="10"><blockquote>
<p>23. ACCOUNTING AND APPROPRIATION DATA</p>
<p>     </p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="7"><blockquote>
<p>24. SUBMIT INVOICES TO ADDRESS SHOWN IN<br />
<em>(4 copies unles otherwise specified)<br />
</em></p>
</blockquote></td>
<td colspan="4"><blockquote>
<p>ITEM <strong>27</strong></p>
</blockquote></td>
<td colspan="7"><blockquote>
<p>25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO<br />
10 U.S.C. 234(c) (     ) 41 U.S.C. 253(c) (     )</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="5"><blockquote>
<p>26. ADMINISTERED BY CODE</p>
</blockquote></td>
<td colspan="6"><blockquote>
<p>     </p>
</blockquote></td>
<td colspan="7"><blockquote>
<p>27. PAYMENT WILL BE MADE BY</p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="11"><blockquote>
<p>     </p>
</blockquote></td>
<td colspan="7"><blockquote>
<p><strong>NASA Glenn Research Center<br />
Commercial Accounts, Mail Stop 500-303<br />
21000 Brookpark Road<br />
Cleveland, OH 44135-3191</strong></p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="18"><blockquote>
<p><strong>CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS
APPLICABLE</strong></p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="11"><blockquote>
<p> 28. NEGOTIATED AGREEMENT <em>(Contractor is required to sign this
document and return <strong>     </strong> copies to issuing
office.)</em> Contractor agrees to furnish and deliver all items or
perform all work, requisitions identified on this form and any
continuation sheets for the consideration slated in this contract. The
rights and obligations of the parties to this contract shall be governed
by (a) this contract award, (b) the solicitation, and (c) the clauses,
representations, certifications, and specifications or incorporated by
reference in or attached to this contract.</p>
</blockquote></td>
<td colspan="7"><blockquote>
<p> 28. AWARD <em>(Contractor is not required to sign this
document.)</em> Your offer on this solicitation is hereby accepted as to
the items listed. This award consummates the contract, which consists of
(a) the Government solicitation and you offer, and (b) this contract
award. No further contractual document is necessary.</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="11"><blockquote>
<p>30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED<br />
TO SIGN <em>(Type or print)</em></p>
</blockquote></td>
<td colspan="7"><blockquote>
<p>31A. NAME OF CONTRACTING OFFICER <em>(Type or print)</em></p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="11"></td>
<td colspan="7"><blockquote>
<p><strong>Angel L. Pagan</strong></p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="6"><blockquote>
<p>30B. SIGNATURE</p>
</blockquote></td>
<td colspan="5"><blockquote>
<p>30C. DATE</p>
</blockquote></td>
<td colspan="5"><blockquote>
<p>31B. UNITED STATES OF AMERICA</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>31C. AWARD DATE</p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="6"></td>
<td colspan="5"></td>
<td colspan="5"><blockquote>
<p>BY</p>
</blockquote></td>
<td colspan="2"></td>
</tr>
<tr class="odd">
<td colspan="11"></td>
<td colspan="7"><blockquote>
<p>STANDARD FORM 1442 BACK (REV. 4-85)</p>
</blockquote></td>
</tr>
</tbody>
</table>

# PART I - THE SCHEDULE

# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# 

# SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# 

# 

# \[BCDE\]B.1 BIDDING SCHEDULE (GRC 52.236-96) (APR 2002) 

This Bidding Schedule shall be completed by the Bidder and made a part
of the offer under Block 17 of Standard Form 1442.

BASE BID

The fixed price amount for furnishing all labor, services, and materials
for the work delineated in Specification No. 96046.

TOTAL FIXED PRICE AMOUNT
\$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

OPTION NO. 1

The fixed price amount for furnishing all labor, services, and materials
for the work delineated in Specification No. 96046.

TOTAL FIXED PRICE AMOUNT
\$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

# \[BCDE\]B.2 FIRM FIXED PRICE (NASA 1852.216-78) (DEC 1988) 

The total (Base Plus Option)firm fixed price of this contract is
\$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

# SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# 

# 

# \[CCDE\]C.1 SPECIFICATIONS (GRC 52.210-97) (SEP 1989) 

The Specifications are listed in Section J as Attachment A.

# SECTION D - PACKAGING AND MARKING

# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# 

# 

# \[DCDE\]D.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are
hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

> CLAUSE
>
> NUMBER DATE TITLE
>
> None included by reference.

II\. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES

> CLAUSE
>
> NUMBER DATE TITLE
>
> None included by reference.

# \[DCDE\]D.2 SHIPMENT AND PROTECTION OF MATERIAL AND EQUIPMENT - 

CONSTRUCTION (GRC 52.236-95) (MAR 2001)

All shipments shall be addressed to the Contractor. The Contractor shall
be responsible for their receipt, unloading, handling, and storage at
the site. The Government will not accept deliveries on behalf of the
Contractor or Subcontractors or assume any responsibility for security
of materials, equipment, or supplies delivered to the site.

The Contractor shall, at all times, protect and preserve all materials,
supplies, and equipment of every description (including property which
may be Government-furnished or owned) and all work performed. All
requests from the Contracting Officer\'s Technical Representative (COTR)
to enclose or specially protect such property shall be complied with.
If, as determined by the COTR, material, equipment, supplies, and work
performed are not protected by the Contractor, such property will be
protected by the Government and the cost thereof will be charged to the
Contractor or deducted from the unpaid retainage under the contract.

# \[DCDE\]D.3 PACKAGING INSTRUCTIONS - CONSTRUCTION (GRC 52.247-94) 

(MAR 2001)

All deliverables under this contract shall be packaged in accordance
with: (1) best commercial practice and in a manner that will afford
protection against corrosion, deterioration, and physical damage during
direct shipment, and (2) the regulations of the carriers as applicable
to the mode of transportation employed.

# SECTION E - INSPECTION AND ACCEPTANCE

# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# 

# 

# \[ECDE\]E.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are
hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

> CLAUSE
>
> NUMBER DATE TITLE

  ------------ ------------ ----------------------------------------------
  52.246-12    AUG 1996     INSPECTION OF CONSTRUCTION

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

II\. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES

> CLAUSE
>
> NUMBER DATE TITLE
>
> None included by reference.

E.2 INSPECTION AND ACCEPTANCE (GRC 52.246-92)(JAN 1987)

Final inspection and acceptance of all work performed under this

contract, including all deliverable items will be performed at

destination.

# SECTION F - DELIVERIES OR PERFORMANCE

# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# 

# 

# \[FCDE\]F.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are
hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

> CLAUSE
>
> NUMBER DATE TITLE

  ------------ ------------ ----------------------------------------------
  52.242-14    APR 1984     SUSPENSION OF WORK

  52.247-34    NOV 1991     F.O.B. DESTINATION
  ------------ ------------ ----------------------------------------------

II\. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES

> CLAUSE
>
> NUMBER DATE TITLE
>
> None included by reference.

# \[FCDE\]F.2 COMMENCEMENT, PROSECUTION, AND COMPLETION 

OF WORK (FAR 52.211-10) (APR 1984)

The Contractor shall be required to (a) commence work under this
contract within 10 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 365 days after
receiving notice to proceed. The time stated for completion shall
include final cleanup of the premises.

# \[FCDE\]F.3 LIQUIDATED DAMAGES\--CONSTRUCTION (FAR 52.211-12) (SEP 2000) 

\(a\) 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 \$500.00 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.

# \[FCDE\]F.4 DPAS RATING (GRC 52.211-90) (SEP 1997) 

In accordance with Clause 52.211-15 of this contract, the rating is
DO-C2.

# \[FCDE\]F.5 NOTICE TO PROCEED (GRC 52.236-97) (APR 2002) 

The Government intends to issue the Notice to Proceed on this contract
on or about July 22, 2002.

# SECTION G - CONTRACT ADMINISTRATION DATA

# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# 

# 

# \[GCDE\]G.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are
hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

> CLAUSE
>
> NUMBER DATE TITLE
>
> None included by reference.

II\. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES

> CLAUSE
>
> NUMBER DATE TITLE
>
> None included by reference.

# \[GCDE\]G.2 TECHNICAL DIRECTION (NFS 18-52.242-70) (SEP 1993) 

\(a\) Performance of the work under this contract is subject to the
written technical direction of the Contracting Officer Technical
Representative (COTR), who shall be specifically appointed by the
Contracting Officer in writing in accordance with NASA FAR Supplement
18-42.270. \"Technical direction\" means a directive to the Contractor
that approves approaches, solutions, designs, or refinements; fills in
details or otherwise completes the general description of work or
documentation items; shifts emphasis among work areas or tasks; or
furnishes similar instruction to the Contractor. Technical direction
includes requiring studies and pursuit of certain lines of inquiry
regarding matters within the general tasks and requirements in Section C
of this contract.

\(b\) The COTR does not have the authority to, and shall not, issue any
instruction purporting to be technical direction that\--

\(1\) Constitutes an assignment of additional work outside the statement
of work;

\(2\) Constitutes a change as defined in the changes clause;

\(3\) Constitutes a basis for any increase or decrease in the total
estimated contract cost, the fixed fee (if any), or the time required
for contract performance;

\(4\) Changes any of the expressed terms, conditions, or specifications
of the contract; or

\(5\) Interferes with the Contractor\'s rights to perform the terms and
conditions of the contract.

\(c\) All technical direction shall be issued in writing by the COTR.

\(d\) The Contractor shall proceed promptly with the performance of
technical direction duly issued by the COTR in the manner prescribed by
this clause and within the COTR\'s authority.

If, in the Contractor\'s opinion, any instruction or direction by the
COTR falls within any of the categories defined in paragraph

\(b\) above, the Contractor shall not proceed by shall notify the
Contracting Officer in writing within 5 working days after receiving it
and shall request the Contracting Officer to take action as described in
this clause. Upon receiving this notification, the Contracting Officer
shall either issue an appropriate contract modification within a
reasonable time or advise the Contractor in writing within 30 days that
the instruction or direction is\--

\(1\) Rescinded in its entirety; or

\(2\) Within the requirements of the contract and does not constitute a
change under the changes clause of the contract, and that the Contractor
should proceed promptly with its performance.

\(e\) A failure of the Contractor and Contracting Officer to agree that
the instruction or direction is both within the requirements of the
contract and does not constitute a change under the changes clause, or a
failure to agree upon the contract action to be taken with respect to
the instruction or direction, shall be subject to the Disputes clause of
this contract.

\(f\) Any action(s) taken by the Contractor in response to any direction
given by any person other than the Contracting Officer or the COTR shall
be at the Contractor\'s risk.

# \[GCDE\]G.3 RELEASABLE SUBMITTER INFORMATION (GRC 52.224-90) (FEB 1999) 

Except for the information listed below, all dollar amounts, ceilings,
descriptions, schedules, clauses, attachments and other information
included in this contract are considered releasable agency records and
may be provided by the Government to the general public through
electronic, written, or other means in accordance with FOIA.

The following contract information is considered confidential commercial
data:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_TBD\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

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

# \[GCDE\]G.4 RIGHTS IN DATA (GRC 52.227-90) (JAN 1987) 

The data required in Item \_\_\_\_TBD\_\_\_\_ is defined as \"unlimited
rights data\" in accordance with the \"Rights in Data - General\" clause
of this contract.

# \[GCDE\]G.5 SUBMISSION OF REQUESTS FOR PROGRESS PAYMENTS 

(NFS 1852.232-82) (MAR 1989) (GRC MODIFICATION) (MAR 1989)

The Contractor shall request progress payments in accordance with the
progress payments clause of this contract by submitting to the
Administrative Contracting Officer an original and two (2) copies of
Standard Form (SF) 1443, \"Contractor\'s Request for Progress Payment,\"
and the contractor\'s invoice (if applicable). The Administrative
Contracting Officer\'s office is the designated billing office for
progress payments for purposes of the Prompt Payment clause.

# \[GCDE\]G.6 PROGRESS PAYMENT BREAKDOWN - CONSTRUCTION (GRC 52.232-108) 

(MAR 2001)

In compliance with Clause 52.232-5, Payments Under Fixed-Price
Construction Contracts, the Contractor shall submit a breakdown using
the items, major parts, and components that were approved by the
Contracting Officer\'s Technical Representative (COTR) for the approved
schedule of construction (e.g. Bar Chart). The schedule/price
correlation will be used in the assessment of progress payments, and
shall separate equipment and material prices from labor prices for each
portion of the work. As part of the progress payment breakdown, the
Contractor shall identify a minimum or 6% of the total contract value
for the following items:

2% - submission of as built drawings

2% - submission of all warranty items and operation and maintenance
manuals

2% - completion of all final punch list items

The amounts identified above will be held in their entirety until all
work related to these items is complete and accepted by the Government.

NO PROGRESS PAYMENTS WILL BE MADE UNTIL A PRICE BREAKDOWN HAS BEEN
SUBMITTED AND APPROVED BY THE GOVERNMENT.

# \[GCDE\]G.7 CONTRACTING OFFICER TECHNICAL REPRESENTATIVE (COTR) 

(GRC 52.242-92) (ALTERNATE I) (JUN 1997)

A Contracting Officer\'s Technical Representative (COTR) will be
delegated under this contract pursuant to NFS 1842.270. The contractor
will receive a copy of this delegation at the time of award of any
contract or shortly thereafter. This delegation will take place on a
NASA Form 1634 and will list not only the COTR delegated, but also
his/her duties and responsibilities. Throughout this
solicitation/contract there may be references made to a variety of
different titles, including \"NASA Project Manager\", \"NASA Technical
Monitor\", and \"NASA Contract Monitor\"; unless specifically stated
otherwise, these refer to the COTR.

# SECTION H - SPECIAL CONTRACT REQUIREMENTS

# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# 

# 

# \[HCDE\]H.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are
hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

> CLAUSE
>
> NUMBER DATE TITLE

  ------------ ------------ ----------------------------------------------
  52.223-5     APR 1998     POLLUTION PREVENTION AND RIGHT- TO-KNOW
                            INFORMATION

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

II\. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES

> CLAUSE
>
> NUMBER DATE TITLE

  -------------- --------------------------------- --------------------------------------------
  1852.204-74    OCT 2001                          CENTRAL CONTRACTOR REGISTRATION

  1852.223-70    APR 2002                          SAFETY AND HEALTH

  1852.223-74    MAR 1996                          DRUG- AND ALCOHOL-FREE WORKFORCE

  1852.223-75    FEB 2002                          MAJOR BREACH OF SAFETY OR SECURITY

  1852.225-70    FEB 2000                          EXPORT LICENSES

                 Insert in Paragraph (b):          
                 \_\_\_\_\_\_\_TBD\_\_\_\_\_\_\_   

  1852.236-75    AUG 1998                          PARTNERING FOR CONSTRUCTION CONTRACTS

  1852.243-72    APR 1998                          EQUITABLE ADJUSTMENTS Insert: Overhead
                                                   Profit Commission \-\-\-\-\-\-\-\-\--
                                                   \-\-\-\-\-\-\-\-\-- \"\_\_TBD\_\_%\"
                                                   \-\-\-\-\-\-\-\-\-- \-\-\-\-\-\-\-\-\--
                                                   \"\_\_TBD\_\_%\" \"\_\_TBD\_\_%\"
                                                   \"\_\_TBD\_\_%\" \-\-\-\-\-\-\-\-\--
  -------------- --------------------------------- --------------------------------------------

# \[HCDE\]H.2 MINIMUM INSURANCE COVERAGE (NASA 1852.228-75) (OCT 1988) 

The Contractor shall obtain and maintain insurance coverage as follows
for the performance of this contract:

\(a\) Worker's compensation and employer\'s liability insurance as
required by applicable Federal and state workers\' compensation and
occupational disease statutes. If occupational diseases are not
compensable under those statutes, they shall be covered under the
employer\'s liability section of the insurance policy, except when
contract operations are so commingled with the Contractor\'s commercial
operations that it would not be practical. The employer\'s liability
coverage shall be at least \$100,000, except in States with exclusive or
monopolistic funds that do not permit workers\' compensation to be
written by private carriers.

\(b\) Comprehensive general (bodily injury) liability insurance of at
least \$500,000 per occurrence.

\(c\) Motor vehicle liability insurance written on the comprehensive
form of policy which provides for bodily injury and property damage
liability covering the operation of all motor vehicles used in
connection with performing the contract. Policies covering motor
vehicles operated in the United States shall provide coverage of at
least \$200,000 per person and \$500,000 per occurrence for bodily
injury liability and \$20,000 per occurrence for property damage. The
amount of liability coverage on other policies shall be commensurate
with any legal requirements of the locality and sufficient to meet
normal and customary claims.

\(d\) Comprehensive general and motor vehicle liability policies shall
contain a provision worded as follows:

\"The insurance company waives any right of subrogation against the
United States of America which may arise by reason of any payment under
the policy.\"

\(e\) When aircraft are used in connection with performing the contract,
aircraft public and passenger liability insurance of at least \$200,000
per person and \$500,000 per occurrence for bodily injury, other than
passenger liability, and \$200,000 per occurrence for property damage.
Coverage for passenger liability bodily injury shall be at least
\$200,000 multiplied by the number of seats or passengers, whichever is
greater.

# \[HCDE\]H.3 (LIMITED) RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS 

INFORMATION (CBI) (GRC 52.203-91) (OCT 2000)

\(a\) NASA may find it necessary to release information submitted by the
Contractor, either in response to this solicitation or pursuant to the
provisions of this contract, to individuals not employed by NASA.
Business information that would ordinarily be entitled to confidential
treatment may be included in the information released to these
individuals. Accordingly, by submission of this proposal, or signature
on this contract or other contracts, the Contractor hereby consents to a
limited release of its confidential business information (CBI).

\(b\) Possible circumstances where the Agency may release the
Contractor\'s CBI include, but are not limited to, the following:

\(1\) To other Agency contractors and subcontractors, and their
employees tasked with assisting the Agency in handling and processing
information and documents in the evaluation, the award or the
administration of Agency contracts, such as providing both pre-award and
post-award audit support and specialized technical support to NASA\'s
technical evaluation panels;

\(2\) To NASA contractors and subcontractors, and their employees
engaged in information systems analysis, development, operation, and
maintenance, including performing data processing and management
functions for the Agency.

\(c\) NASA recognizes its obligation to protect the Contractor from
competitive harm that could result from the release of such information
to a competitor. Except where otherwise provided by law, NASA will
permit the limited release of CBI under subparagraphs (1) or (2) only
pursuant to non-disclosure agreements signed by the assisting contractor
or subcontractor, and their individual employees who may require access
to the CBI to perform the assisting contract.

\(d\) NASA\'s responsibilities under the Freedom of Information Act are
not affected by this clause.

\(e\) The Contractor agrees to include this clause, including this
paragraph (e), in all subcontracts at all levels awarded pursuant to
this contract that require the furnishing of confidential business
information by the subcontractor.

# \[HCDE\]H.4 CONTRACTORS\' DUTIES AND RESPONSIBILITIES ON-SITE 

(GRC 52.209-90) (APR 2001)

I. BADGES

All Contractor personnel having a need to enter areas of the Glenn
Research Center or Plum Brook Station shall have an identification badge
or pass. This badge or pass shall be obtained at the entrance of the
Glenn Research Center or Plum Brook Station. In addition to the
requirements contained herein, the Contractor shall comply with GRC
management instruction LMI 1900.3, Managing Conduct and Other Employee
Issues, incorporated herein by reference and made a part hereof.

Resident Contractors (employees with picture badges)

1\. The on-site company supervisor will notify the Main Gate Badge Clerk
at PABX 3-2206 when a new employee is reporting to work. The Badge Clerk
will give the company supervisor specific instructions as to how the new
employee will be badged, photographed, fingerprinted, etc.

2\. When an employee terminates and/or resigns employment, the company
shall issue to the employee NASA Form C-10087, Non-NASA Separation
Clearance Record. The company shall be responsible for making an inquiry
of all offices listed on the form to see if the employee has any
outstanding Government items. The employee shall then take this form to
all offices that list he/she has outstanding items. The employee's last
stop is for the return of their Government issued I.D. badge.

3\. The Company shall ensure that the terminated and/or resigned
employee has returned his/her badge to the Main Gate Badge Clerk. Final
clearance of a Contractor upon completion of a contract will depend in
part upon accounting for all badges issued to employees during the
performance of the contract. It should be recognized that security
badges are Government property and any alteration or misuse of these
badges may be prosecuted as a violation of Section 499, Title 18, U.S.
Code.

Non-Resident Contractors (employees with non-picture badges)

1\. The Contractor\'s on-site manager shall comply with the Badge and
Property Regulations (NASA Form C-421) a copy of which will be given the
Contractor\'s supervisors at the time of the Construction Site Showing.
The Badge and Property Regulations are quoted below:

A. The following regulations have been adopted governing the control of
Contractor\'s Badges at the Glenn Research Center.

1\. Ensure that each company employee is in possession of NASA Form
C-9975 prior to reporting to work for badging purposes. Employees not in
possession of the above mentioned for will be delayed at the gate until
such time as the company supervisor/foreman or his representative
reports to the Main Gate with the appropriate paperwork for badging.

2\. Report lost badges immediately.

3\. Upon termination of duties, each employee\'s badge will be collected
and returned to the Main Gate by the Contractor. Final clearance of a
Contractor upon completion of a contract will depend in part upon the
accounting for all badges issued to employees during the performance of
the contract. It should be recognized that security badges are
Government property and any alteration or misuse of these badges may be
prosecuted as a violation of Section 499, Title 18, U.S. Code.

II\. NASA-OWNED PROPERTY

1\. The term \"NASA-Owned Property\" refers to all controlled (tagged)
and non-tagged equipment, library property, security badges, computer
passwords and other property furnished by the Government during the
course of the contract.

2\. The Contractor shall ensure that all NASA-Owned property issued to
its employees is returned and in satisfactory condition upon termination
of an employee\'s duties. In cases where accountability for the property
is transferred from one employee to another, the NASA Equipment
Management System (NEMS) Control office of the Logistics Management
Division must be notified. At the completion of the Government contract,
all property will be returned, and the contract value will be adjusted
for any property not accounted for.

3\. When access to Federal computer systems has been granted, the
Contractor shall ensure that its employees comply with the clause of the
contract entitled \"SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION
RESOURCES (NFS 1852.204-76)\".

III\. EMERGENCIES

1\. The Contractor shall ensure that its employees are informed that
Emergency, Fire, Medical, Safety, and Security assistance can be
summoned by Dialing \"911\" on the Center\'s PABX telephone system.
Emergencies are defined as incidents involving serious personal injury
or damage that causes a possible hazardous condition, or any incidents
that require immediate attention of the Plant Protection Department or
Security. All other medical treatment is the responsibility of the
Contractor.

2\. For incidents not classified as an emergency, contractor personnel
shall be instructed to immediately notify the Contracting Officer\'s
Technical Representative (COTR)(rather than dialing \"911\") in the
event of an accident involving either personal injury or damage to
property whether public or private, including damage to motor vehicles.
They shall cooperate fully with the Government Accident Investigator and
the Center Accident Investigation Board. This cooperation shall include
interviews at the accident site and/or at a Board meeting.

3\. The Chairman of the appropriate Accident Investigation Board will
notify the Contractor through the COTR as to the date and time and
location of the Board meeting. The Board meetings will be held between
the hours of 8:15 a.m. and 4:45 p.m. regular workdays Monday through
Friday.

4\. For Contractor duties where continuous manning of posts is mandatory
during a work shift, the Contractor shall provide substitute personnel
as required for manning these posts during the meeting of the Accident
Investigation Boards.

IV\. TRAFFIC

1\. The Contractor agrees to comply, and agrees to require that all of
its personnel will comply with all posted traffic signs, signals and
instructions of personnel assigned for traffic control and parking
purposes and with the provisions of NPD 1600.2 and NHB 1620.1
incorporated herein by reference and made a part hereof.

2\. The Government reserves the right to bar from the Glenn Research
Center any Contractor employee who has failed to comply with such signs,
signals, instructions and the provisions of NPD 1600.2 and NHB 1620.1.
The period of the bar shall be as determined appropriate by the
Contracting Officer subject to the provisions of NPD 1600.2 and NHB
1620.1. The Contracting Officer will notify the Contractor in writing,
setting forth the name(s) of the affected employees(s) and the time
period(s) of the bar(s). No action by the Government in barring any
Contractor employee from the Glenn Research Center shall be the basis
for any claim whatever by the Contractor under this contract, nor shall
it excuse the Contractor from complying with any provision of this
contract.

V. ON-SITE STANDARDS OF CONDUCT

1\. The Contractor\'s entry onto the Center shall be pursuant to
fulfilling its contractual obligations, and any related activities
thereto. Contractor personnel gaining access to Glenn facilities are
required to certify that they meet the minimum ethical standards for
entry onto a Government facility. Falsification of this certification
could lead to criminal prosecution.

2\. The Contractor agrees to comply, and agrees to require that all of
its personnel will comply with all applicable Federal and State statutes
and regulations, NASA policy and guidance documents, Glenn policy and
guidance documents, and other regulations pertaining to personal conduct
while on-site. Any conduct prejudicial to the efficient operation of the
Center shall be cause for removal from the Center.

VI\. PROHIBITION OF FIREARMS

Firearms or weapons of any kind are strictly prohibited at the Glenn
Research Center.

VII\. SECURITY INCIDENTS

Theft of Property, Bomb threats, malicious damage and any other threat
or violent situations shall be immediately reported to the Security
Office.

VIII\. PROPERTY PASSES

A Contractor Property Pass (NASA Form C-702) is required for the removal
of all Contractor owned property and equipment and must be presented to
the gate guard upon exit. This form can be obtained from the COTR (or
designee) or the Glenn employee responsible for the Contractor\'s
presence at the Center. This form must contain a complete description of
the material/equipment being removed and should be signed by the
authorized Government employee. Material relating to a specific contract
or purchase order must be identified by insertion of the appropriate
contract/purchase order number on the pass by the COTR or designee.

IX\. AFTER-HOUR ACCESS

During normal working hours, 7:00 a.m. to 5:30 p.m. Monday through
Friday, the guards at the gates will permit your entrance and departure.
At any other time (other than normal hours), advance clearance is
required, and may be obtained through the Glenn/Plum Brook COTR or
Inspector who will then make the request to the Main Gate Sergeant PABX
3-2204 at Glenn and 3-3221 at Plum Brook. After-hour clearances as
approved by the COTR Inspector are certification to the guards as
authority for admittance of a contractor during off hours, including
Saturdays, Sundays, and Holidays.

X. CONTRACTOR IDENTIFICATION

To avoid situations whereby the actions of onsite contractor employees
can be construed as that of Government officials, the onsite contractor
shall take the following actions:

\(1\) Insure that employees properly display their badge at all times.

\(2\) Institute a policy whereby employees who, in their normal course
of duties, answer telephone inquiries, participate in meetings with
Government and other contractor personnel or deal with the general
public appropriately identify themselves so their actions cannot be
construed as that of Government officials.

\(3\) Institute a policy whereby business correspondence, including
emails and memoranda, includes the name of the company in the signature
line. Use company letterhead for internal company matters and
letters/memos signed by company personnel.

\(4\) For onsite office space primarily occupied by company personnel,
clearly indicate on the exterior of the office space the company name.

# \[HCDE\]H.5 DRAWINGS AND DATA REQUIRED FOR APPROVAL (GRC 52.211-103) 

(MAY 2002)

\(a\) Within 15 calendar days after date of award of contract, the
Contractor shall submit for approval copies of the drawings and/or data
identified in the specifications/SOW. This information shall be
furnished in 3 complete sets.

\(b\) Should any of the drawings and/or data be revised by the
Contractor subsequent to submittal but prior to return by the
Government, copies of the revised documents shall be promptly submitted
with the revisions clearly identified.

\(c\) All Contractor submittals shall be accomplished by a transmittal
letter identifying the material submitted and the contract number, and
addressed to:

NASA - Glenn Research Center Attn: Contracting Officer 21000 Brookpark
Road Cleveland, OH 44135

\(d\) Within 5 calendar days after receipt of the drawings and/or data,
one (1) copy or each submittal will be returned to the Contractor by the
Government marked \"Approved\", \"Disapproved\", or \"Approved as
Noted\". In the event the Government requires additional time in excess
of the 5 days specified in this paragraph, the contract delivery date
shall be extended a corresponding number of days.

\(e\) Drawings and data returned to the Contractor not fully approved
shall be corrected and returned to the Government within thirty (30)
calendar days after receipt by the Contractor. If the Contractor does
not return the corrected drawings or data within the said period of
time, or if the corrected drawings or data are not approved by the
Government, the Government shall be entitled to invoke the provisions of
the clause entitled \"Default\".

\(f\) Approval by the Government, pursuant to this Clause, shall not be
construed as complete approval, but will indicate only that the general
method of construction and/or fabrication and detailing is satisfactory.
Approval of such drawings or data will not relieve the Contractor of the
responsibility for any error which may exist. In the event that drawings
or data marked \"Approved\" or \"Approved as Noted\" reflect information
which is not in full conformance with the contract specifications, the
Contractor shall notify the Contracting Officer immediately, since any
approval of drawings or data is not to be construed as a change in
specifications.

# \[HCDE\]H.6 APPRENTICES TO JOURNEYMEN - ALLOWABLE RATIO 

(GRC 52.222-97) (AUG 1989)

For the purpose of this contract only, the allowed ratio is 1 apprentice
to every 3 journeymen. Thus, in this example, the allowable number of
apprentices is illustrated by the following:

JOURNEYMEN ALLOWABLE APPRENTICES

1 0

2 1

3 1

NOTE: The ratios are applied in terms of whole number increments.

# \[HCDE\]H.7 SAFETY AND HEALTH (CONSTRUCTION) (GRC 52.223-92) 

(APR 2001)

In addition to the requirements set forth in the clause entitled
\"Safety and Health (NASA 1852.223-70)\", the Contractor shall comply
with all applicable requirements of the NASA Glenn Safety Manual, with
particular attention to Chapters 17, Construction Safety, and 21, Mishap
Reporting/Accident Investigation. The NASA Glenn Safety Manual is
available at http://osat.grc.nasa.gov/safety/

# \[HCDE\]H.8 PRECONSTRUCTION CONFERENCE (GRC 52.236-90) (AUG 1989) 

The Contractor shall meet with the Contracting Officer\'s Technical
Representative, when so notified, for the purpose of presenting his
progress schedule, safety program and other factors relating to the
performance of work prior to commencing on-site work.

# \[HCDE\]H.9 UTILITY SERVICE CHARGES (GRC 52.236-91) (AUG 1989) 

In accordance with contract Clause 52.236-14 entitled \"Availability and
Use of Utility Services\", the Government does not intend to charge the
Contractor for utility services consumed. Therefore, there is also no
requirement for the Contractor to install meters for the purpose of
measuring usage.

# \[HCDE\]H.10 OBSERVANCE OF LEGAL HOLIDAYS (NFS 18-52.242-72) (AUG 1992) 

ALTERNATE II (OCT 2000) GRC MODIFICATION FOR FIXED-PRICE CONTRACTS (OCT
2000)

\(a\) The on-site Government personnel observe the following listed days
as holidays:

New Year\'s Day Martin Luther King Jr\'s Birthday President\'s Day
Memorial Day Independence Day Labor Day Columbus Day Veteran\'s Day
Thanksgiving Day Christmas Day

Any other Day designated by Federal Statute, Executive Order, or the
President\'s proclamation

\(b\) When any holiday falls on a Saturday, the preceding Friday is
observed. When any holiday falls on a Sunday, the following Monday is
observed. Observance of such days by Government personnel shall not by
itself be cause for an additional period of performance, or entitlement
of compensation except as set forth within the contract.

\(c\) When the Center grants administrative leave to its Government
employees (e.g. as a result of inclement weather, potentially hazardous
conditions, or other special circumstances), Contractor personnel
working on-site should also be dismissed. However, the Contractor shall
provide sufficient on-site personnel to perform round-the-clock
requirements of critical work already in process, unless otherwise
instructed by the Contracting Officer or authorized representative.

\(d\) Whenever administrative leave is granted to Contractor personnel
pursuant to paragraph (c) of this clause, it shall be without loss to
the Contractor. The cost of salaries and wages to the Contractor for the
period of any such excused absence, to the extent that they were omitted
from the price of the contract, shall be subject to negotiations between
the Parties. If agreement cannot be reached, the matter shall be
considered a dispute within the meaning of the clause entitled
\"Disputes\" and the procedures set forth therein shall apply. In no
event shall such excused absences entitle the Contractor to additional
profit or fee under this contract.

# \[HCDE\]H.11 SUBCONTRACTING (GRC 52.244-90) (AUG 1989) 

\(a\) In the event the Contractor desires to have subcontractors perform
any portion of the work covered by this contract, the Contractor is
hereby required to submit the name and address of the subcontractor and
the category of work they will perform, prior to the start of any
fieldwork by the subcontractor.

\(b\) The contractor shall also submit, prior to the start of any field
work by the subcontractor, evidence of the subcontractor\'s compliance
with the insurance requirements as set forth in contract Clause 52.228-5
entitled \"INSURANCE - WORK ON A GOVERNMENT INSTALLATION\" and Clause
18-52.228-75 entitled \"MINIMUM INSURANCE COVERAGE\".

\(c\) Failure of the Contractor to comply with these requirements will
be cause for the Government to bar the subcontractors, singly or
collectively, from access to the site of the work; or to stop the work
from being performed by such subcontractors, singly or collectively;
until the insurance requirements have been complied with. Such stoppage
of work will not be considered cause for equitable adjustment for time
or money under the applicable clauses of the contract.

# PART II - CONTRACT CLAUSES

# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# 

# SECTION I - CONTRACT CLAUSES

# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# 

# 

# \[ICDE\]I.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are
hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

> CLAUSE
>
> NUMBER DATE TITLE

  ------------ ---------------------- ----------------------------------------------
  52.202-1     DEC 2001               DEFINITIONS (ALTERNATE I) (MAR 2001)

  52.203-3     APR 1984               GRATUITIES

  52.203-5     APR 1984               COVENANT AGAINST CONTINGENT FEES

  52.203-6     JUL 1995               RESTRICTIONS ON SUBCONTRACTOR SALES TO THE
                                      GOVERNMENT

  52.203-7     JUL 1995               ANTI-KICKBACK PROCEDURES

  52.203-8     JAN 1997               CANCELLATION, RESCISSION AND RECOVERY OF FUNDS
                                      FOR ILLEGAL OR IMPROPER ACTIVITY

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

  52.203-12    JUN 1997               LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN
                                      FEDERAL TRANSACTIONS

  52.204-4     AUG 2000               PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED
                                      PAPER

  52.209-6     JUL 1995               PROTECTING THE GOVERNMENT\'S INTEREST WHEN
                                      SUBCONTRACTING WITH CONTRACTORS DEBARRED,
                                      SUSPENDED, OR PROPOSED FOR DEBARMENT

  52.214-26    OCT 1997               AUDIT AND RECORDS\--SEALED BIDDING

  52.214-27    OCT 1997               PRICE REDUCTION FOR DEFECTIVE COST OR PRICING
                                      DATA\-- MODIFICATIONS\--SEALED BIDDING

  52.214-28    OCT 1997               SUBCONTRACTOR COST OR PRICING
                                      DATA\--MODIFICATIONS \--SEALED BIDDING

  52.214-29    JAN 1986               ORDER OF PRECEDENCE\-- SEALED BIDDING

  52.217-6     MAR 1989               OPTION FOR INCREASED QUANTITY

  52.217-9     MAR 2000               OPTION TO EXTEND THE TERM OF THE CONTRACT

               Insert                 
               \"\_\_\_TBD\_\_\_\"    
               and                    
               \"\_\_\_TBD\_\_\_\",   
               respectively, in       
               paragraph (a). Insert  
               \"\_\_\_TBD\_\_\_\" in 
               paragraph (c).         

  52.219-6     JUL 1996               NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE

  52.219-8     OCT 2000               UTILIZATION OF SMALL BUSINESS CONCERNS

  52.219-14    DEC 1996               LIMITATION ON SUBCONTRACTING

  52.222-1     FEB 1997               NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

  52.222-4     SEP 2000               CONTRACT WORK HOURS AND SAFETY STANDARDS ACT -
                                      OVERTIME COMPENSATION

  52.222-6     FEB 1995               DAVIS-BACON ACT

  52.222-7     FEB 1988               WITHHOLDING OF FUNDS

  52.222-8     FEB 1988               PAYROLLS AND BASIC RECORDS

  52.222-9     FEB 1988               APPRENTICES AND TRAINEES

  52.222-10    FEB 1988               COMPLIANCE WITH COPELAND ACT REQUIREMENTS

  52.222-11    FEB 1988               SUBCONTRACTS (LABOR STANDARDS)

  52.222-12    FEB 1988               CONTRACT TERMINATION\--DEBARMENT

  52.222-13    FEB 1988               COMPLIANCE WITH DAVIS-BACON AND RELATED ACT
                                      REGULATIONS

  52.222-14    FEB 1988               DISPUTES CONCERNING LABOR STANDARDS

  52.222-15    FEB 1988               CERTIFICATION OF ELIGIBILITY

  52.222-21    FEB 1999               PROHIBITION OF SEGREGATED FACILITIES

  52.222-26    APR 2002               EQUAL OPPORTUNITY

  52.222-27    FEB 1999               AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR
                                      CONSTRUCTION

  52.222-35    DEC 2001               EQUAL OPPORTUNITY FOR SPECIAL DISABLED
                                      VETERANS, VETERANS OF THE VIETNAM ERA, AND
                                      OTHER ELIGIBLE VETERANS

  52.222-36    JUN 1998               AFFIRMATIVE ACTION FOR WORKERS WITH
                                      DISABILITIES

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

               Insert                 
               \"\_\_\_TBD\_\_\_\" in 
               paragraph (b).         

  52.223-6     MAY 2001               DRUG-FREE WORKPLACE

  52.223-14    OCT 2000               TOXIC CHEMICAL RELEASE REPORTING

  52.224-1     APR 1984               PRIVACY ACT NOTIFICATION

  52.224-2     APR 1984               PRIVACY ACT

  52.227-1     JUL 1995               AUTHORIZATION AND CONSENT

  52.227-2     AUG 1996               NOTICE AND ASSISTANCE REGARDING PATENT AND
                                      COPYRIGHT INFRINGEMENT

  52.227-14    JUN 1987               RIGHTS IN DATA\--GENERAL As modified by
                                      1852.227-14 NASA FAR Supplement (OCT 1995)

  52.228-1     SEP 1996               BID GUARANTEE

  52.228-2     OCT 1997               ADDITIONAL BOND SECURITY

  52.228-5     JAN 1997               INSURANCE\--WORK ON A GOVERNMENT INSTALLATION

  52.228-11    FEB 1992               PLEDGES OF ASSETS

  52.228-12    OCT 1995               PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS

  52.228-14    DEC 1999               IRREVOCABLE LETTER OF CREDIT

  52.228-15    JUL 2000               PERFORMANCE AND PAYMENT BONDS\-- CONSTRUCTION

  52.229-3     JAN 1991               FEDERAL, STATE, AND LOCAL TAXES

  52.232-16    FEB 2002               PROGRESS PAYMENTS

                                      

  52.232-17    JUN 1996               INTEREST

  52.232-18    APR 1984               AVAILABILITY OF FUNDS

  52.232-23    JAN 1986               ASSIGNMENT OF CLAIMS

  52.232-34    MAY 1999               PAYMENT BY ELECTRONIC FUNDS TRANSFER\--OTHER
                                      THAN CENTRAL CONTRACTOR REGISTRATION

                                      

  52.233-1     DEC 1998               DISPUTES

  52.233-3     AUG 1996               PROTEST AFTER AWARD

  52.236-2     APR 1984               DIFFERING SITE CONDITIONS

  52.236-3     APR 1984               SITE INVESTIGATION AND CONDITIONS AFFECTING
                                      THE WORK

  52.236-5     APR 1984               MATERIAL AND WORKMANSHIP

  52.236-6     APR 1984               SUPERINTENDENCE BY THE CONTRACTOR

  52.236-7     NOV 1991               PERMITS AND RESPONSIBILITIES

  52.236-8     APR 1984               OTHER CONTRACTS

  52.236-9     APR 1984               PROTECTION OF EXISTING VEGETATION, STRUCTURES,
                                      EQUIPMENT, UTILITIES, AND IMPROVEMENTS

  52.236-10    APR 1984               OPERATIONS AND STORAGE AREAS

  52.236-11    APR 1984               USE AND POSESSION PRIOR TO COMPLETION

  52.236-12    APR 1984               CLEANING UP

  52.236-15    APR 1984               SCHEDULES FOR CONSTRUCTION CONTRACTS

  52.236-21    FEB 1997               SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

  52.236-26    FEB 1995               PRECONSTRUCTION CONFERENCE

  52.242-13    JUL 1995               BANKRUPTCY

  52.243-4     AUG 1987               CHANGES

  52.244-2     AUG 1998               SUBCONTRACTS

  52.247-1     APR 1984               COMMERCIAL BILL OF LADING NOTATIONS

  52.248-3     FEB 2000               VALUE ENGINEERING\-- CONSTRUCTION

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

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

II\. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES

> CLAUSE
>
> NUMBER DATE TITLE

18-52.204-74 CENTRAL ONTRACTOR REGISTRATION

  -------------- ----------- --------------------------------------------
  18-52.209-72   DEC 1988    COMPOSITION OF THE CONTRACTOR

  1852.219-74    SEP 1990    USE OF RURAL AREA SMALL BUSINESSES

  1852.219-76    JUL 1997    NASA 8 PERCENT GOAL

  18-52.237-70   DEC 1988    EMERGENCY EVACUATION PROCEDURES

  1852.243-71    MAR 1997    SHARED SAVINGS
  -------------- ----------- --------------------------------------------

# \[ICDE\]I.2 OPTION FOR INCREASED QUANTITY\--SEPARATELY 

PRICED LINE ITEM (FAR 52.217-7) (MAR 1989)

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 the period specified
in the Schedule. Delivery of added items shall continue at the same rate
that like items are called for under the contract, unless the parties
otherwise agree.

# \[ICDE\]I.3 EQUAL OPPORTUNITY (FAR 52.222-26) (APR 2002) (ALTERNATE I) 

(FEB 1999)

Notice: The following terms of this clause are waived for this contract:
NONE

\(a\) 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.

\(b\) 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 paragraphs
(b)(1) through (b)(11) of 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.

\(1\) 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
subparagraphs (b)(1) through (11) 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.

\(c\) Notwithstanding any other clause in this contract, disputes
relative to this clause will be governed by the procedures in 41 CFR
60-1.1.

# \[ICDE\]I.4 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS 

OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (FAR 52.222-35) (DEC
2001) (ALTERNATE I) (DEC 2001)

Notice: The following term(s) of this clause are waived for this
contract: NONE

\(a\) 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 wheelchair).

\(4\) 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 \$25,000 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.

# \[ICDE\]I.5 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES 

(FAR 52.222-36) (JUN 1998) ALTERNATE I (JUN 1998)

Notice: The following term(s) of this clause are waived for this
contract: NONE

\(a\) 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.

# \[ICDE\]I.6 BUY AMERICAN ACT\--CONSTRUCTION MATERIALS (FAR 52.225-9) 

(MAY 2002)

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

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

\"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
end product (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:

NONE

\(3\) 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.

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

\(iv\) Any Contractor request for a determination submitted after
contract award shall explain why the Contractor could not reasonably
foresee the need for such determination and could not have requested the
determination before contract award. If the Contractor does not submit a
satisfactory explanation, the Contracting Officer need not make a
determination.

\(2\) If the Government determines after contract award that an
exception to the Buy American Act applies and the Contracting Officer
and the Contractor negotiate adequate consideration, the Contracting
Officer will modify the contract to allow use of the foreign
construction material. However, when the basis for the exception is the
unreasonable price of a domestic construction material, adequate
consideration is not less than the differential established in paragraph
(b)(3)(i) of this clause.

\(3\) Unless the Government determines that an exception to the Buy
American Act applies, use of foreign construction material is
noncompliant with the Buy American Act.

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Unit of Price Description Measure Quantity
(Dollars)\*

Item 1: Construction Material \_\_\_\_TBD\_\_\_ \_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_

Domestic Construction Material \_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_

Item 2: Construction Material \_\_\_\_TBD\_\_\_ \_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_

Domestic Construction Material \_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_

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

# \[ICDE\]I.7 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS 

(FAR 52.232-5) (MAY 1997)

\(a\) 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;

\(2\) Payments to subcontractors and suppliers have been made from
previous payments received under the contract, 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 equalto the
unearned amount.

\(e\) Retain age. 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.

# \[ICDE\]I.8 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (FAR 52.232-27) 

(FEB 2002)

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 flow down. 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
section 2 of the Act of August 24, 1935 (40 U.S.C. 270b, Miller Act),
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
payment or that the Government has otherwise overpaid on an invoice
payment, the Contractor shall immediately notify the Contracting Officer
and request instructions for disposition of the overpayment.

# \[ICDE\]I.9 PERFORMANCE OF WORK BY THE CONTRACTOR 

(FAR 52.236-1) (APR 1984)

The Contractor shall perform on the site, and with its own organization,
work equivalent to at least 15 percent of the total amount of work to be
performed under the contract. This percentage may be reduced by a
supplemental agreement to this contract if, during performing the work,
the Contractor requests a reduction and the Contracting Officer
determines that the reduction would be to the advantage of the
Government.

\[ICDE\]I.10 INTENTIONALLY LEFT BLANK

# \[ICDE\]I.11 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) 

(FEB 1998)

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

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_http://www.arnet.gov/far/\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm\_\_\_

# \[ICDE\]I.12 OMBUDSMAN (NFS 1852.215-84) (JUN 2000) 

\(a\) An ombudsman has been appointed to hear and facilitate the
resolution of concerns from offerors, potential offerors, and
contractors during the preaward and postaward phases of this
acquisition. When requested, the ombudsman will maintain strict
confidentiality as to the source of the concern. The existence of the
ombudsman is not to diminish the authority of the contracting officer,
the Source Evaluation Board, or the selection official. Further, the
ombudsman does not participate in the evaluation of proposals, the
source selection process, or the adjudication of formal contract
disputes. Therefore, before consulting with an ombudsman, interested
parties must first address their concerns, issues, disagreements, and/or
recommendations to the contracting officer for resolution.

\(b\) If resolution cannot be made by the contracting officer,
interested parties may contact the installation ombudsman,

Dr. Julian M. Earls NASA Glenn Research Center 21000 Brookpark Road,
Mail Stop 3-9 Cleveland, OH 44135-3191

Telephone: (216) 433-3014 FAX: (216) 433-2946 e-mail:
Julian.M.Earls@lerc.nasa.gov

Concerns, issues, disagreements, and recommendations which cannot be
resolved at the installation may be referred to the NASA ombudsman, the
Director of the Contract Management Division, at 202-358-0422, facsimile
202-358-3083, e-mail sthomps1@hq.nasa.gov. Please do not contact the
ombudsman to request copies of the solicitation, verify offer due date,
or clarify technical requirements. Such inquiries shall be directed to
the contracting officer or as specified elsewhere in this document.

# \[ICDE\]I.13 ENGINEERING CHANGE PROPOSALS (NFS 1852.243-70) (OCT 2001) 

(ALTERNATE I) (JUL 1997)

\(a\) Definitions.

\"ECP\" means an Engineering Change Proposal (ECP) which is a proposed
engineering change and the documentation by which the change is
described, justified, and submitted to the procuring activity for
approval or disapproval.

\(b\) Either party to the contract may originate ECPs. Implementation of
an approved ECP may occur by either a supplemental agreement or, if
appropriate, as a written change order to the contract.

\(c\) Any ECP submitted to the Contracting Officer shall include a
\"not-to-exceed\" \_\_\_\_\_ \[price or estimated cost\] \_\_\_\_\_
increase or decrease adjustment amount, if any, and the required
\_\_\_\_\_ \[time of delivery or period of performance\] \_\_\_\_\_
adjustment, if any, acceptable to the originator of the ECP. If the
change is originated within the Government, the Contracting Officer
shall obtain a written agreement with the contractor regarding the
\"not-to-exceed\" \_\_\_\_\_ \[price or estimated cost\] \_\_\_\_\_ and
\_\_\_\_\_ \[delivery or period of performance\] \_\_\_\_\_ adjustments,
if any, prior to issuing an order for implementation of the change.

\(d\) After submission of a contractor initiated n ECP, the contracting
officer may require the contractor to submit the following information:

\(1\) Cost or pricing data in accordance with FAR 15.403-5 if the
proposed change meets the criteria for its submission under FAR
15.403-4; or

\(2\) Information other than cost or pricing data adequate for
contracting officer determination of price reasonableness or cost
realism. The contracting officer reserves the right to request
additional information if that provided by the contractor is considered
inadequate for that purpose. If the contractor claims applicability of
one of the exceptions to submission of cost or pricing data, it shall
cite the exception and provide rationale for its applicability.

\(e\) If the ECP is initiated by NASA, the contracting officer shall
specify the cost information requirements, if any.

\(f\) If the \_\_\_\_\_ \[price or estimated cost\] \_\_\_\_\_
adjustment proposed for any Contractor-originated ECP is \_\_\_\_\_
\[insert a percent or dollar amount of the contract price or estimated
cost\] \_\_\_\_\_ or less, the ECP shall be executed with no adjustment
to the contract \_\_\_ \[price or estimated cost\] \_\_\_\_\_.

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

# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# 

# SECTION J - LIST OF ATTACHMENTS

# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# 

# 

# \[JCDE\]J.1 LIST OF ATTACHMENTS - SEALED BID (GRC 52.214-94) 

(MAY 2000)

The following documents, exhibits, and/or other attachments are attached
hereto and made a part of this contract:

\(a\) Description/Specs/Work Statement

\(b\) Wage Determination(S)

\(c\) Safety and Health Plan

\(d\) Drawings

# PART IV - REPRESENTATIONS AND INSTRUCTIONS

# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# 

# SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# 

# 

# \[KCDE\]K.1 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION 

(FAR 52.203-2) (APR 1985)

\(a\) The offeror certifies that\--

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

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

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

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

\(1\) Is the person in the offeror\'s organization responsible for
determining the prices being offered in this bid or proposal, and that
the signatory has not participated and will not participate in any
action contrary to subparagraphs (a)(1) through (a)(3) above; or

\(2\) (i) Has been authorized, in writing, to act as agent for the
following principals in certifying that those principals have not
participated, and will not participate in any action contrary to
subparagraphs (a)(1) through (a)(3) above

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

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

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

\[Insert full name of person(s) in the offeror\'s organization
responsible for determining the prices offered in the bid or proposal,
and the title of his or her position in the offeror\'s organization\];

\(ii\) As an authorized agent, does certify that the principals named in
subdivision (b)(2)(i) above have not participated, and will not
participate, in any action contrary to subparagraphs (a)(1) through
(a)(3) above; and

\(iii\) As an agent, has not personally participated, and will not
participate, in any action contrary to subparagraphs (a)(1) through
(a)(3) above.

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

# \[KCDE\]K.2 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS 

TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (FAR 52.203-11) (APR 1991)

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

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

\(1\) No Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress on his or her behalf in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan, or
cooperative agreement;

\(2\) If any funds other than Federal appropriated funds (including
profit or fee received under a covered Federal transaction) have been
paid, or will be paid, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress
on his or her behalf in connection with this solicitation, the offeror
shall complete and submit, with its offer, OMB standard form LLL,
Disclosure of Lobbying Activities, to the Contracting Officer; and

\(3\) He or she will include the language of this certification in all
subcontract awards at any tier and require that all recipients of
subcontract awards in excess of \$100,000 shall certify and disclose
accordingly.

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

# \[KCDE\]K.3 TAXPAYER IDENTIFICATION (FAR 52.204-3) (OCT 1998) 

\(a\) Definitions.

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

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

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

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

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

\[ \] TIN: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\[ \] TIN has been applied for.

\[ \] TIN is not required because:

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

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

\[ \] Offeror is an agency or instrumentality of the Federal Government.

\(e\) Type of organization.

\[ \] Sole proprietorship;

\[ \] Partnership;

\[ \] Corporate entity (not tax-exempt);

\[ \] Corporate entity (tax-exempt);

\[ \] Government entity (Federal, State, or local);

\[ \] Foreign government;

\[ \] International organization per 26 CFR 1.6049-4;

\[ \] Other \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\(f\) Common parent.

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

\[ \] Name and TIN of common parent:

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

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

# \[KCDE\]K.4 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED 

DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (FAR 52.209-5) (DEC 2001)

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

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

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

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

\(C\) Are \[ \] are not \[ \] presently indicted for, or otherwise
criminally or civilly charged by a governmental entity with, commission
of any of the offenses enumerated in paragraph

(a)(1)(i)(B) of this provision.

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

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

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

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

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

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

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

# \[KCDE\]K.5 SMALL BUSINESS PROGRAM REPRESENTATIONS (FAR 52.219-1) 

(APR 2002) (ALTERNATE I) (APR 2002)

(a)(1) The North American Industry Classification System (NAICS) code
for this acquisition is \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \[insert NAICS
code\].

\(2\) The small business size standard is \_\_\_\_\_\_\_\_\_\_\_\_\_
\[insert size standard\].

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

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

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

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

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

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

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

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

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

\(7\) \[Complete if offeror represented itself as disadvantaged in
paragraph (b)(2) of this provision.\] The offeror shall check the
category in which its ownership falls:

\_\_\_\_\_ Black American.

\_\_\_\_\_ Hispanic American.

\_\_\_\_\_ Native American (American Indians, Eskimos, Aleuts, or Native
Hawaiians).

\_\_\_\_\_ Asian-Pacific American (persons with origins from Burma,
Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan,
Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust
Territory of the Pacific Islands (Republic of Palau), Republic of the
Marshall Islands, Federated States of Micronesia, the Commonwealth of
the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji,
Tonga, Kiribati, Tuvalu, or Nauru).

\_\_\_\_\_ Subcontinent Asian (Asian-Indian) American (persons with
origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the
Maldives Islands, or Nepal).

\_\_\_\_\_ Individual/concern, other than one of the preceding.

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

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

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

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

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

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

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

\(a\) of this provision.

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

\(1\) 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.

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

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

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

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

\(iii\) Be ineligible for participation in programs conducted under the
authority of the Act.

# \[KCDE\]K.6 EQUAL LOW BIDS (FAR 52.219-2) (OCT 1995) 

\(a\) This provision applies to small business concerns only.

\(b\) The bidder\'s status as a labor surplus area (LSA) concern may
affect entitlement to award in case of tie bids. If the bidder wishes to
be considered for this priority, the bidder must identify, in the
following space, the LSA in which the costs to be incurred on account of
manufacturing or production (by the bidder or the first-tier
subcontractors) amount to more than 50 percent of the contract price.

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

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

\(c\) Failure to identify the labor surplus areas as specified in
paragraph (b) of this provision will preclude the bidder from receiving
priority consideration. If the bidder is awarded a contract as a result
of receiving priority consideration under this provision and would not
have otherwise received award, the bidder shall perform the contract or
cause the contract to be performed in accordance with the obligations of
an LSA concern.

# \[KCDE\]K.7 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FAR 52.222-22) 

(FEB 1999)

The offeror represents that\--

\(a\) It \[ \] has, \[ \] has not participated in a previous contract or
subcontract subject the Equal Opportunity clause of this solicitation;

\(b\) It \[ \] has, \[ \] has not filed all required compliance reports;
and

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

# \[KCDE\]K.8 COMPLIANCE WITH VETERANS\' EMPLOYMENT REPORTING REQUIREMENTS 

(FAR 52.222-38) (DEC 2001)

By submission of its offer, the offeror represents that, if it is
subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., if it
has any contract containing Federal Acquisition Regulation clause
52.222-37, Employment Reports on Special Disabled Veterans, Veterans of
the Vietnam Era, and Other Eligible Veterans), it has submitted the most
recent VETS-100 Report required by that clause.

# \[KCDE\]K.9 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING 

(52.223-13) (OCT 2000)

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

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

\(1\) As the owner or operator of facilities that will be used in the
performance of this contract that are subject to the filing and
reporting requirements described in section 313 of the Emergency
Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C.
11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA)
(42 U.S.C. 13106), the offeror will file and continue to file for such
facilities for the life of the contract the Toxic Chemical Release
Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA
and section 6607 of PPA; or

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

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

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

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

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

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

# SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES

# TO OFFERORS

# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# 

# 

# \[LCDE\]L.1 LISTING OF PROVISIONS INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are
hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

> CLAUSE
>
> NUMBER DATE TITLE

  ------------ ------------ ----------------------------------------------
  52.204-6     JUN 1999     DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER

  52.214-3     DEC 1989     AMENDMENTS TO INVITIATIONS FOR BIDS

  52.214-4     APR 1984     FALSE STATEMENTS IN BIDS

  52.214-5     MAR 1997     SUBMISSION OF BIDS

  52.214-6     APR 1984     EXPLANATION TO PROSPECTIVE BIDDERS

  52.214-7     NOV 1999     LATE SUBMISSIONS, MODIFICATIONS, AND
                            WITHDRAWALS OF BIDS

  52.214-12    APR 1984     PREPARATION OF BIDS

  52.214-18    APR 1984     PREPARATION OF BIDS\-- CONSTRUCTION

  52.214-19    AUG 1996     CONTRACT AWARD\--SEALED BIDDING\--CONSTRUCTION

  52.214-34    APR 1991     SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE

  52.214-35    APR 1991     SUBMISSION OF OFFERS IN U.S. CURRENCY

  52.225-10    MAY 2002     NOTICE OF BUY AMERICAN ACT
                            REQUIREMENT\--CONSTRUCTION MATERIALS

  52.232-13    APR 1984     NOTICE OF PROGRESS PAYMENTS

  52.232-38    MAY 1999     SUBMISSION OF ELECTRONIC FUNDS TRANSFER
                            INFORMATION WITH OFFER
  ------------ ------------ ----------------------------------------------

II\. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) PROVISIONS

> CLAUSE
>
> NUMBER DATE TITLE

  -------------- ----------- --------------------------------------------
  1852.214-70    DEC 1988    CAUTION TO OFFERORS FURNISHING DESCRIPTIVE
                             LITERATURE

  1852.223-73    APR 2002    SAFETY AND HEALTH PLAN (ALTERNATE I) (APR
                             2002)

  1852.233-70    MAR 1997    PROTESTS TO NASA
  -------------- ----------- --------------------------------------------

# \[LCDE\]L.2 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE 

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FAR 52.222-23) (FEB 1999)

\(a\) 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

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 \_\_\_\_TBD\_\_\_\_ \[Contracting
Officer shall insert description of the geographical areas where the
contract is to be performed, giving the state, county, and city\].

# \[LCDE\]L.3 SERVICE OF PROTEST (FAR 52.233-2) (AUG 1996) 

\(a\) 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 acknowledgement of receipt from:

Angel L. Pagan

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

# \[LCDE\]L.4 SITE VISIT (CONSTRUCTION) (FAR 52.236-27)(FEB 1995) 

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.

# \[LCDE\]L.5 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 

(FAR 52.252-1) (FEB 1998)

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

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_http://www.arnet.gov/far/\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm\_\_\_

# \[LCDE\]L.6 PREPROPOSAL/PRE-BID CONFERENCE 

(NASA 1852.215-77) (DEC 1988)

\(a\) A preproposal/pre-bid conference will be held as indicated below:

Date:

June 14, 2002

Time:

9:00AM

Location:

GRC Main Gate

\(b\) Attendance at the pre-bid conference is recommended; however,
attendance is neither required nor a prerequisite for proposal/bid
submission and will not be considered in the evaluation.

# \[LCDE\]L.7 BID BOND (NASA 1852.228-73) (OCT 1988) 

\(a\) Each bidder shall submit with its bid a bid bond (Standard Form
24) with good and sufficient surety or sureties acceptable to the
Government, or other security as provided in Federal Acquisition
Regulation clause 52.228-1, in the amount of twenty percent (20%) of the
bid price, or \$3 million, whichever is the lower amount.

\(b\) Bid bonds shall be dated the same date as the bid or earlier.

# \[LCDE\]L.8 MAGNITUDE OF REQUIREMENT 

(NASA 1852.236-74) (DEC 1988)

The Government estimated price range of this project is between \$1M and
\$1.5M.

# \[LCDE\]L.9 WAIVER OF PREPRINTED INFORMATION (GRC 52.214-90) (JAN 1987) 

The offeror\'s signature on this Invitation for Bid shall constitute a
waiver of any pre-printed terms and conditions appearing on the
offeror\'s company letterhead or other document submitted with the bid,
unless the offeror expressly states either in handwritten or typewritten
form that such pre-printed terms and conditions apply to the bid.

# \[LCDE\]L.10 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE 

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FAR 52.222-23) (GRC
MODIFICATION) (FEB 1999)

\(a\) 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

All Trades All Trades

\_\_\_\_\_16.1%\_\_\_\_\_\_ \_\_\_\_\_\_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 Cuyahoga, Ashtabula, Erie, Huron,
Geauga, Lake, Lorain, Seneca, Sandusky, Ashland, and Crawford Counties,
Ohio.

# \[LCDE\]L.11 SAFETY AND HEALTH PLAN (NFS 1852.223-73) (MAY 2001) 

(ALTERNATE I) (MAY 2001) (GRC MODIFICATION) (MAY 2001)

The apparently successful offeror shall submit a site-specific safety
and occupational health plan (see NASA Glenn Safety Manual, Chapter 17,
Appendix A) after notification of selection but before award. The plan
must include a detailed discussion of the policies, procedures, and
techniques that will be used to ensure the safety and occupational
health of contractor employees and to ensure the safety of all working
conditions throughout the performance of the contract. The plan must
similarly address safety and occupational health for subcontractor
employees for any proposed subcontract whose value is expected to exceed
\$500,000, including commercial services and services provided in
support of a commercial item. Also, when applicable, the plan must
address the policies, procedures, and techniques that will be used to
ensure the safety and occupational health of: (1) the public, (2)
astronauts and pilots, (3) the NASA workforce (including other
contractor employees working on NASA contracts), and (4) high-value
equipment and property. This plan, as approved by the Contracting
Officer, will be included in any resulting contract.

# \[LCDE\]L.12 OHIO SALES AND USE TAX (GRC 52.229-90) (AUG 1989) 

The bidder shall not include in the bid price any amount representing
Ohio Sales and Use Tax on purchases of building and construction
materials to be incorporated into the structures or improvement covered
by this solicitation. Contractors and subcontractors may now purchase
such materials under claim of exemption as provided in Ohio Revised Code
Section 5739.01 et seq. as amended, effective January 2, 1962. The
Government, upon the request of the Contractor, shall without further
liability furnish evidence appropriate to establish the exemption from
such tax.

# \[LCDE\]L.13 FUNDS AVAILABILITY PRIOR TO AWARD (GRC 52.232-93) 

(MAY 1997)

This procurement has been approved for \"initiation purposes only\",
meaning the requirement may be processed up to the point of contract
award without funds being available. Actual award will be made when
sufficient funds are released for obligation. If funds are not made
available for contract award, the Government will not be responsible for
payment of any costs an offeror may have incurred in preparing a
response to this solicitation.

# \[LCDE\]L.14 LIMITATIONS ON CONSTRUCTION CONTRACTS WITH ARCHITECT- 

ENGINEERING FIRMS (GRC 52.236-94) (MAR 1991)

No contract for the construction of a project shall be awarded to the
firm that designed the project or its subsidiaries or affiliates, except
with the approval of the head of the agency or authorized
representative.

# \[LCDE\]L.15 PROVIDING GOVERNMENT FACILITIES (GRC 52.245-98) (OCT 2000) 

It is the policy of the Government that, with limited exceptions,
contractors shall furnish all facilities required for the performance of
contracts (FAR 45.302-1).

If the offeror will require the use of NASA facilities, other than those
listed in the solicitation, to be newly acquired, or for existing
facilities to be restored, replaced, or modernized, in the performance
of the work described in this solicitation, the offer must include a
statement signed by an executive corporate official (or equivalent in a
non-corporate entity) which:

\(a\) expresses the offeror\'s financial inability to acquire the
necessary facilities; or

\(b\) explains that time will not permit the offeror to make the
necessary arrangements to obtain timely delivery of such facilities to
meet NASA requirements, even though the offeror is willing and
financially able to acquire the facilities.

# SECTION M - EVALUATION FACTORS FOR AWARD TO OFFERORS

# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# 

# 

# \[MCDE\]M.1 LISTING OF PROVISIONS INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are
hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

> CLAUSE
>
> NUMBER DATE TITLE

  ------------ ------------ ----------------------------------------------
  52.217-5     JUL 1990     EVALUATION OF OPTIONS

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

II\. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) PROVISIONS

> CLAUSE
>
> NUMBER DATE TITLE